There are very few good reasons for violating probation – and many compelling ones for following the terms of your probation to the letter.

Even minor violations can result in severe consequences.

In some circumstances, where an honest mistake was made or an emergency arose, a violation may be excused by an understanding probation officer or judge. However, in many cases, you could end up having to serve the time you originally avoided for the offense.

What exactly happens if you violate probation in Tennessee, and is there a way to mitigate the consequences of doing so?

Probation may be ordered by the court in place of jail time or following a jail sentence.

When the probation order is issued, it is accompanied by a series of strict conditions that you must abide by in the interests of public safety.

This normally includes general conditions such as:

• Not leaving the judicial district without the permission of the court/probation officer
• Reporting to the probation officer as directed by the court or probation officer
• Supporting dependents and meeting other family responsibilities
• Working regularly at a lawful occupation or attending an educational program
• Not committing any other crimes or fraternizing with known criminals

Additional stipulations may also be included, depending on the nature of the original offense and your criminal history. If you do not comply with these terms, you could be charged with a violation of probation.

Your probation officer may issue you with a warning (if the violation was not too serious) or report your violation to the court.

Punishments usually depend on how serious the violation is and if you have previously committed other violations.

Your probation officer has the authority to decide the level of your violation and whether it warrants a court appearance or just a warning.

• For first-time probation violations : you may be lucky and escape with a warning if the violation was not too serious and you have a good relationship with your probation officer.
• For second probation violations and repeat offenders : there is less chance of avoiding a hearing and jail time as offenders have demonstrated a pattern of disobeying court orders, which is treated harshly in Tennessee.

For a second offense or a serious violation, the court might order you to attend a hearing.

Your probation officer may ask the court to punish you by paying additional fines, extending your probation, or prescribing jail time. You could end up completing the full sentence you had originally avoided.

The violation will not look good on your record, that’s for sure.

The most common types of probation violation that we see in Chattanooga and the surrounding area are the following:

• Failing to complete community service hours
• Missing an appointment with the probation officer
• Failing a drug or alcohol test
• Missing a court date
• Possessing a firearm
• Changing address without providing the mandatory 10-day notice to the probation officer

Sometimes, a new arrest and charge for a criminal offense is the trigger for a violation to be filed with the court. It requires no conviction.

Another common violation is socializing with or contacting people that the defendant has been prohibited from contact with. A good example is during the holiday season when the defendant may attend gatherings with friends and family, mixing with people and consuming alcohol or drugs in violation of the probation conditions.

Be mindful that probation restrictions are not relaxed because of holidays or any other reason. You need to remain vigilant. Probation may be your “second chance” and you should not jeopardize this by letting your guard down and making silly mistakes.

Even if you violate probation while trying to perform a neighborly act, you could be in trouble. Say you tried to break up a fight in your neighborhood. You became involved and found yourself in trouble when the police arrived. It could be reported to the authorities.

In such circumstances, there are mitigating reasons for your violation, and your criminal defense lawyer may need to plead these reasons to the judge in your defense.

If you have been charged with a probation violation in the past and it appears on your criminal record, we may be able to apply for an expungement of the record.

If you are currently on probation, you will ideally work with your probation officer to build a positive and trusting relationship. That way, if something that could result in a violation occurs, your probation officer may be willing to warn or work with you to resolve the matter without involving the court.

If you have violated your probation and are facing a hearing, it is important to remember that you have certain rights – just like with any criminal charge.

You have the right to:

• Receive notice about the violation in writing
• Retain legal representation
• Present your case in front of a neutral judge
• Call witnesses and evidence to prove that you did not violate probation

With the potentially serious consequences of a probation violation, it is important not to simply accept your fate.

Sometimes, it is possible to present a case to the judge, explain your actions, and appeal to the judge to mitigate the consequences. It may still be possible to avoid jail time or a large fine.

However, this is usually only possible with an experienced attorney fighting for you. You need to be proactive in your approach or a simple misunderstanding could cost you your freedom.

At Houston & Alexander, PLLC, we make sure that you are clear on your rights and your options so that you avoid taking any steps that might result in further harm – and we can help defend your alleged probation violation at your hearing.

Before you end up with court-ordered jail time, fines, or a longer probation period, contact our Chattanooga office for an initial consultation.