Probation Violations — How To Keep Yourself Out of Jail
Are you one of the roughly 60,000 Tennessee residents subject to the probation system? If so, you must abide by all its rules in order to maintain your relative freedom. But what are those rules? What happens if you are accused of violating them? And how can you defend yourself? Learn what every probationer needs to know.
What Is Probation?
The probation system is designed to allow some convicted persons to serve part of their jail time outside of incarceration. A set of rules is drawn up by the court, and the probationer must agree to follow those rules. The person gains significant more freedom of movement and choice, but they are still part of the corrections system. It's not a get out of jail free card by any means.
What Rules Must You Follow?
Probation is a right, not a privilege. Therefore, the court will inform the probationer of the specific conditions they must follow. These vary by jurisdiction and the particular details of the person and their case. However, the most common conditions include:
- Showing up for all court appearances
- Reporting in on a regular basis
- Not committing any crimes
- Passing drug and alcohol tests
- Staying within a certain jurisdiction
- Seeking and maintaining employment
- Paying required restitution
Some of these rules can seem onerous, but they are preferable to spending the full time in jail.
What Happens If You Violate Probation?
If you do end up violating your probation for whatever reason, what happens next? In general, the probation officer notifies the court of the violation. The court will review it and determine if an arrest warrant should be issued. If you are arrested for this violation, you will attend a hearing before the judge to defend your actions.
This hearing can go in several directions. The judge may not find that it was more likely than not that you did violate your probation. You can usually continue on as before.
If the judge does agree you violated the terms, they have a wide range of choices for dealing with it. They may give you new, additional terms to abide by (such as additional monitoring or new community service). Your probationary sentence may be extended. Or you may be sent to jail instead.
How Can You Defend Yourself?
The consequences of probation violations are serious, so you need to use your hearing to mount the best defense possible. Perhaps you did not intend to violate your probation. For example, were you invited to an event with a group that included a known criminal? Perhaps you didn't know about that, and you attempted to extricate yourself but were unsuccessful. Accidental violations usually do not constitute punishable violations.
In some cases, you may not have actually committed the violation. Maybe you left that group above with their criminal element but are accused of participating in some crime with them. You could bring forth witnesses to testify that you were not with the offending group.
Of course, maybe you did make a mistake that caused a violation. Rather than trying to debunk the accusation, you can point out to the judge that it was your first time. Own up to the bad call and stress how well you have otherwise been doing in following the rules. You can still minimize the consequences of this violation.
Where Can You Learn More?
Whether you are facing probation for the first time or have violated it in some way, protect yourself by working with an experienced criminal attorney. William A. Andy Law has aided Tennessee probationers with their legal concerns for more than 40 years. Call today to learn how we can help you.
