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Common Probation Violations and Their Consequences

Moreland Law Firm Jan. 27, 2025

Probation is a form of supervised release granted to individuals convicted of crimes, allowing them to serve their sentences outside of jail or prison under certain conditions. It can be an opportunity for those convicted to rebuild their lives while still facing legal oversight. 

However, probation comes with strict rules, and any violation of these conditions can lead to severe consequences. In Nashville, Tennessee, as in other states, violating probation can result in anything from a warning to an extended sentence or even imprisonment.

At the Moreland Law Firm, our experienced criminal defense attorney can help you protect your rights and work to lessen these repercussions.

Types of Probation Violations

Probation violations in Tennessee can take several forms. These violations are typically divided into technical violations and substantive violations. Understanding the distinction is key to comprehending the potential consequences of probation violations.

Technical Violations

Technical violations are often related to failing to meet the formal requirements of probation. These include things like missing meetings with a probation officer, failing to complete court-ordered community service, or failing to attend mandated counseling or drug treatment programs. 

While these aren’t criminal acts, they’re still considered breaches of probation conditions and can result in legal repercussions. Some common technical violations include:

  • Failure to report to a probation officer at scheduled times

  • Failure to complete community service hours

  • Failing drug or alcohol tests

  • Failure to maintain employment as required by probation conditions

  • Traveling without permission from the probation officer

Substantive Violations

Substantive violations involve actions that are criminal in nature. These violations are far more serious and often result in immediate legal action. For instance, committing another crime while on probation is a substantive violation. 

In Tennessee, this type of violation is taken very seriously and typically results in harsher penalties, including potential revocation of probation and a return to incarceration. Examples of substantive violations include:

  • Arrest or conviction for a new offense

  • Committing a violent crime or engaging in criminal activity

  • Associating with individuals involved in illegal activities (such as known criminals or gang members)

  • Possession of illegal substances or firearms

Consequences of Probation Violations in Tennessee

The consequences of violating probation in Tennessee depend on the severity of the violation and the circumstances of the case. For minor technical violations, probation may be reinstated with additional conditions. 

However, more serious violations, particularly substantive violations, can lead to harsher penalties, including the revocation of probation, extended sentences, or even jail time. Probation is often viewed as a second chance for offenders, and violating the conditions can jeopardize that opportunity. 

In Tennessee, probation violations are typically heard in court, and a judge will determine the appropriate course of action. Having a skilled criminal defense attorney by your side during this process is crucial, as they can argue on your behalf to minimize the penalties and potentially prevent the revocation of probation.

Revocation of Probation

One of the most severe consequences of probation violations in Tennessee is the revocation of probation.

If a judge determines that a defendant has violated probation, the probation may be revoked, meaning the individual must serve the remainder of their sentence in jail or prison. In some cases, the judge may even extend the length of the sentence. 

This is a significant outcome, as it can erase any progress made during probation and result in a much longer period of incarceration.

Modification of Probation

Rather than revoking probation entirely, a judge may opt to modify the terms of the probation in response to a violation.

For example, the individual might be required to comply with additional conditions such as attending more counseling sessions, performing additional community service, or undergoing more frequent drug testing. 

While this may not seem as severe as probation revocation, it still comes with a higher level of scrutiny and increased oversight, which can be difficult for individuals to manage.

Increased Penalties

Sometimes, instead of revoking probation, the court may impose harsher penalties for a violation. This could involve increasing the length of probation or imposing additional fines or requirements. 

These penalties may also include an increase in supervision, meaning more frequent check-ins with a probation officer and more stringent monitoring of the individual’s behavior. An experienced criminal defense attorney can help fight against such measures, working to keep the original conditions intact or seek the least severe penalty possible.

Jail Time

In cases of serious violations, particularly substantive violations, jail time is often the inevitable consequence. If a probationer commits a new crime or engages in behavior that places others at risk, the judge may choose to impose jail time rather than continuing probation. 

Even for technical violations, repeat offenses or significant breaches may lead to a judge deciding that the person should serve time in jail instead of remaining on probation.

How a Criminal Defense Attorney Helps in Probation Violation Cases

If you’ve violated probation in Tennessee, consulting with a criminal defense attorney is highly recommended.

A criminal defense attorney focuses on representing individuals facing criminal charges and probation violations. They can assess the specifics of your case and develop a strategy to help minimize the penalties.

An attorney can help in several ways:

  • Advocacy during hearings: If a probation violation hearing is required, a criminal defense attorney can present a compelling argument on your behalf. This could include demonstrating that the violation was minor, unintentional, or rectified quickly.

  • Negotiation: Attorneys can sometimes negotiate with prosecutors and judges to reduce penalties. For example, they may be able to prevent probation revocation by offering alternative solutions like additional counseling or community service.

  • Guidance on probation conditions: Understanding and following the conditions of probation can be difficult, especially if the terms are unclear. A criminal defense attorney can help you understand the rules and avoid accidental violations.

Having an experienced attorney by your side increases the chances of a favorable outcome. They’ll also protect your rights and see that any legal proceedings are fair. In Tennessee, where probation violations can lead to serious consequences, having this kind of professional support is crucial.

Common Reasons for Probation Violations

Several factors can lead to probation violations. In some cases, the violations are minor and unintended. However, there are certain behaviors that frequently lead to probation violations.

Substance Abuse

One of the most common reasons for probation violations is the abuse of drugs or alcohol. Many individuals on probation are required to submit to regular drug and alcohol tests. Failing these tests or getting arrested for offenses involving substances can result in significant consequences. 

A violation for substance abuse is often treated harshly, especially if the underlying offense was drug or alcohol-related.

Failure to Complete Court-Ordered Programs

Probation often comes with court-ordered conditions such as drug treatment, mental health counseling, anger management, or educational programs. Failing to complete these programs or missing appointments can be considered a violation. 

In Tennessee, failure to meet these obligations can lead to serious consequences, especially if the probationer has been given ample time to comply.

Unapproved Travel

Probationers are often restricted to a specific geographic area. Traveling outside of this area without approval can result in a violation. It’s important to understand the conditions of probation and always seek permission from a probation officer before leaving the designated area.

Failure to Report to Probation Office

Regular check-ins with a probation officer are a standard requirement for most individuals on probation. Missing a scheduled meeting without a valid reason can be considered a violation. This violation may seem minor, but it can lead to significant penalties, especially if it’s a repeated occurrence.

How to Avoid Probation Violations

The best way to avoid probation violations is by staying on top of the conditions set by the court. Here are some tips to avoid the most common violations:

  • Always attend meetings with your probation officer.

  • Complete any required community service or court-ordered programs.

  • Avoid any illegal activity, including substance abuse.

  • Keep track of where you’re allowed to travel and seek approval before leaving your area.

  • Follow through with drug or alcohol testing as required.

In many cases, probationers may not realize they’re violating the terms until after it happens. If you do violate probation, it's essential to act quickly. Consulting with a criminal defense attorney as soon as possible can help you address the violation before it escalates into something more severe.

Work With Our Experienced Attorney Today

With the right legal representation, it may be possible to avoid the harshest consequences of a probation violation and continue with a successful rehabilitation process. When you need support during this process, we can help.

Our firm provides legal counsel to those in Nashville, Tennessee, as well as Franklin, Murfreesboro, Lebanon, Columbia, and Dickson. Reach out to the Moreland Law Firm today to get connected.