What You Must Know About Probation Revocation Hearings in Tennessee Before Trial

Probation can be a confusing part of the criminal justice system in Tennessee. If you are convicted of a crime, the judge may sentence you to a period of probation rather than jail time. This allows you to serve your sentence in the community while being supervised by a probation officer. However, if you violate the terms of your probation, you could end up right back in court facing revocation of your probation and being sent to jail.

This article will walk you through the basics of how probation works in Tennessee and what happens when someone violates probation. We’ll also look specifically at probation revocation hearings and what you need to know if you end up facing revocation of your probation before trial.

How Does Probation Work in Tennessee?

When a judge sentences someone to probation, they are essentially giving them a chance to serve their sentence in the community rather than behind bars. The judge will outline certain conditions that the probationer must follow in order to successfully complete their probation term.

Some standard conditions apply to all probationers, such as:

• Reporting to a probation officer on a regular basis
• Undergoing random drug/alcohol testing
• Maintaining employment or being enrolled in school
• Paying all fines, fees, restitution, etc.

The judge can also impose special conditions based on the specifics of the case, such as:

• Completing an alcohol/drug treatment program
• Having no contact with the victim
• Completing community service hours
• Abiding by a curfew

It’s important to understand that probation is still considered part of your sentence. The judge actually sentences you to a specific term, but suspends part or all of it to probation. If you violate the terms, you could end up serving the original sentence behind bars.

While on probation, you will be supervised by a probation officer. It is their job to monitor your compliance with all the conditions and report any violations to the court. They have a good amount of discretion when it comes to potential violations. They may just give you a warning at first, or impose additional conditions like requiring you to report more frequently. But if the violation is more serious, they can file an official notice of violation with the court.

What Happens When You Violate Probation in Tennessee?

There are two main types of probation violations:

Technical Violations: These involve breaking one of the administrative rules of probation like missing meetings with your probation officer, failing drug tests, not completing community service on time, etc.
New Criminal Charges: This means you picked up a new criminal charge for something that happened while you were on probation. The alleged new offense itself constitutes a violation.

Once the probation officer files a notice of violation with the court, a few things happen:

• The court will issue a warrant for your arrest or a summons ordering you to appear
• The violation will be set for a hearing before the judge
• You may be held without bond until the hearing

This sets the stage for a probation revocation hearing where the judge will determine if you actually violated probation or not.

The Probation Revocation Hearing in Tennessee

When you show up for your probation violation hearing, it will proceed much like a mini-trial. While not as formal as an actual criminal trial, you still have important rights as the defendant:

• The prosecutor has to prove the violation(s).
• You have the right to have an attorney represent you.
• You can argue against the allegations and present evidence on your behalf.
• You can call witnesses to testify for you.
• You have the right to testify or remain silent.

However, there are also some key differences from a criminal trial:

• The rules of evidence are more relaxed.
• The standard of proof is lower. Violations only have to be proven by a “preponderance of evidence” rather than “beyond a reasonable doubt.”

This makes it generally easier for the prosecution to prove a violation occurred. But you still have the right to make them prove it before the judge can revoke your probation.

If the judge decides the violation(s) are substantiated, they have a few options in terms of sentencing:

• They may just give you a warning and leave probation as-is.
• They can modify your probation conditions (like extending the length or adding requirements).
• For a technical violation, they can revoke probation but reinstate it with additional conditions like a short jail stay.
• For a new criminal offense, they can fully revoke probation and order you to serve the original sentence.

The judge has discretion based on the circumstances of the violation(s). Their goal is to ensure you have the opportunity to successfully complete probation if possible. But if you have multiple or serious violations, revocation may be necessary.

Strategies for Probation Revocation Hearings

If you’re facing a probation revocation hearing in Tennessee, having an experienced criminal defense attorney on your side can make all the difference. Here are some strategies they may use:

• Negotiate with the prosecutor – There may be room to negotiate and prevent the hearing altogether. Often the goal is just to get you back in compliance with probation terms.
• Challenge the evidence – Look for ways the alleged violation(s) can be disproven or called into question. Weaknesses in drug test procedures, credibility of witnesses, etc.
• Present mitigating circumstances – Explain any extenuating circumstances that may have contributed to the violation(s). This can help minimize the consequences.
• Advocate for alternatives – Argue for reinstatement on probation with modifications rather than jail time if appropriate. Stress your commitment to getting back on track.
• Develop a relapse prevention plan – For violations related to substance abuse, present a comprehensive treatment and aftercare plan. Demonstrate you’re ready to take active steps.
• Highlight compliance – Note any terms of probation you have complied with and positive strides you’ve made. Judges want to see progress.
• Prepare your testimony – If you decide to testify, your attorney can help you share your story in a compelling, sincere way.

With the right legal guidance, many probation violations can be successfully defended or resolved with an outcome that avoids incarceration. An attorney knows how to navigate the system and negotiate the most favorable outcome.

What Happens if Your Probation is Revoked?

If the judge decides to fully revoke your probation, that means you will have to go serve the original sentence in confinement. Say you were sentenced to 3 years, with 2 years suspended to probation. If your probation is revoked, you would then have to go serve the remaining 2 years behind bars.

Some key things to know if your probation gets revoked:

• Right to Appeal – You can appeal the revocation decision to a higher court. An attorney can handle this process for you.
• Jail Credit – Any time you spent in jail prior to revocation (like awaiting the hearing) will be credited toward your sentence.
• Future Eligibility – Getting probation revoked doesn’t necessarily mean you can’t get probation again in the future, but it can make it more difficult.
• Additional Consequences – Beyond jail time, a revocation can impact things like your criminal record, driver’s license, etc. depending on the case.
• Reinstatement – In some cases, you may be able to petition the court to reinstate your probation after serving part of your sentence. This depends on the circumstances.

How Can an Attorney Help With Probation Violations?

Dealing with an alleged probation violation or revocation hearing without a lawyer is extremely risky. The consequences are too high, and the legal process is complex.

Having an experienced criminal defense attorney represent you can make all the difference. Here are some of the key ways they can help:

• Negotiate with the probation officer – In some cases, violations can be resolved without going to court. Attorneys are great negotiators.
• Develop a defense strategy – They will thoroughly examine the allegations against you and build the strongest defense.
• Represent you at the hearing – They know how to effectively argue your case before the judge at the hearing.
• Guide you if you testify – They’ll prepare you to share your story in the most compelling way possible.
• Advocate for alternatives – They can persuade the judge to reinstate probation vs. jail if appropriate.
• Mitigate the consequences – Even if probation is revoked, they can often minimize the ultimate outcome.
• Handle the appeal process – If probation is revoked, they can appeal the decision to a higher court.
• Aid in reinstatement – Help petition the court to get probation reinstated after a period of incarceration.

Having an advocate in your corner who understands the system and probation violation process inside-out can prove invaluable. They know how to give you the best shot at the most favorable result.

Conclusion

Probation gives people a chance at a second opportunity while still holding them accountable. However, it comes with strict conditions that must be followed. Violating probation always carries serious penalties, up to and including jail time.

If you are accused of violating probation in Tennessee, having a skilled defense attorney represent you can mean the difference between keeping your freedom and losing it. Don’t take chances – consult with a lawyer right away for experienced legal guidance. They will protect your rights at every step of the process.

With the right legal expertise on your side, many probation violations can be successfully defended or resolved with an outcome that avoids incarceration. Don’t go it alone. Contact a dedicated Knoxville probation violation attorney today to discuss your case.