When a person is convicted of a crime in Tennessee the person’s jail time is often times suspended and that person is placed on probation. Once the person is on probation, they are required to follow the conditions of their probation or face a possible violation and/or jail time. Depending on the criminal charge, the conditions of probation can include monthly reporting, avoiding new criminal charges, passing regular and random drug screens, completing alcohol and drug safety classes, completing batterers intervention programs, community service, as well as paying fines and/or court costs.
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At any time during probation when the conditions are not met, a probation violation can be issued and there will be a warrant for the person’s arrest. In many cases, the first probation violation will result in jail time followed by a reinstatement of probation for a new term. If a person violates more than once, the district attorney will likely conclude that the person is not a good probationer, revoke their probation, and ask that the person serve “flatten” their entire sentence in jail.
Whether it is your first or second probation violation, the main goal is minimizing a your jail time. This can be accomplished by hiring an experienced attorney who will take the time to investigate the reasons behind the violation, find any mitigating factors that will excuse or minimize the violation, and present those factors to the district attorney and possibly the judge if a sentencing hearing is needed.
Is Violation Of Probation A Felony Or Misdemeanor?
In Tennessee, a violation of probation can be classified as either a felony or a misdemeanor, depending on the underlying offense for which probation was granted. The severity of the violation and the specific circumstances play a role in determining the classification.
If the original offense for which probation was granted is classified as a felony, a violation of probation will generally be considered a felony as well. This means that the penalties and consequences for the violation can be more severe.
If the original offense is classified as a misdemeanor, a violation of probation will typically be treated as a misdemeanor. However, certain misdemeanor offenses can be enhanced to a felony level if there are repeat violations or aggravating factors involved.
Can You Violate Probation And Not Go To Jail?
Yes, it is possible to violate probation in Tennessee without automatically being sent to jail. The consequences for a probation violation can vary depending on the circumstances of the case, the nature of the violation, and the discretion of the judge overseeing the probation.
When a probation violation occurs, the judge has several options to address the violation, which may include:
- Warning or counseling: For minor or first-time violations, the judge may issue a warning or provide counseling to the probationer in an effort to address the issue without imposing harsher penalties.
- Modification of probation terms: The judge may modify the conditions of probation, such as adding more stringent requirements, intensifying supervision, or imposing additional treatment or educational programs.
- Extension of probation: The judge may extend the duration of probation to provide the probationer with more time to fulfill their obligations and demonstrate compliance.
Community service or fines: In some cases, the judge may order the probationer to perform community service or pay fines as an alternative to incarceration.
- Rehabilitation programs: The judge may require the probationer to undergo specific rehabilitation programs, such as substance abuse treatment or anger management classes, to address underlying issues contributing to the violation.
- Electronic monitoring: The judge may order the use of electronic monitoring devices to closely track the probationer's whereabouts and ensure compliance with probation conditions.
In certain circumstances, it is possible for a probation violation to result in more severe consequences, including incarceration. The judge has discretion in determining the appropriate response based on the circumstances and the probationer's compliance history. It is advisable to consult with a Franklin, TN probation violation lawyer who can provide personalized guidance and help protect your rights.
Call A Franklin Probation Violation Lawyer Today
Did you violate probation? It is important to consult with a probation violation attorney in Franklin who can provide specific guidance and advice based on your case. At Shanone Emmack Attorney at Law, we can explain the potential consequences of a probation violation and help you navigate the legal process.
Shanone Emmack has successfully handled probation violations in Tennessee for years. Call her today and let her formulate the best plan in fighting your probation violation.
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