If you are convicted of a criminal offense in Tennessee, you may be sentenced to serve a term of probation, in addition to or in lieu of a prison sentence. If so, navigating probation can be challenging; however, if you manage to avoid a probation violation you can successfully complete your term and move forward with your life. To help you achieve that goal, a Murfreesboro criminal defense lawyer at Bennett | Michael | Hornsby discusses how to avoid a probation violation in Tennessee.
The Importance of Understanding the Terms and Conditions of Probation
To avoid a violation and successfully complete your probation, it is essential that you fully understand the terms and conditions
of your probation first. All probationers must comply with standard conditions of probation in Tennessee which include things such as:
- Random drug and alcohol testing.
- Regular meetings with a probation officer.
- Maintaining employment and/or attending school.
- Completing community service hours.
- Not being arrested for a new offense.
- Paying fines and fees.
The court may also impose “special conditions” of probation that are geared toward your specific history and/or the nature of the criminal offense involved in your conviction. Examples of common special conditions of probation include things such as:
- Completing an alcohol and drug evaluation.
- Attending alcohol/drug counseling or rehabilitation.
- Completing a mental health evaluations and recommended counseling.
- Attending anger management counseling.
- Having no contact with a victim.
- Paying restitution.
Communicate with Your Probation Officer
You will meet with your probation officer shortly after sentencing and likely be required to attend weekly meetings thereafter until your probation officer decides that less frequent meetings will suffice. It is crucial that you do not miss a meeting. If you cannot make it to a scheduled meeting, communicate with your probation officer immediately to let him/her know that you cannot make it. In addition, being open and honest with your probation officer is usually in your best interest. If you cannot complete one of the terms of your probation, for example, talk to your officer about the situation. Avoiding your probation officer because you think there may be a problem is one sure fire way to end up back in court for a probation violation. If you are concerned about the status of your probation, consult with your attorney about how to proceed.
The Consequences of a New Arrest
Another common probation violation is a new arrest. It is vital to understand that simply being arrested for a new criminal offense can cause a violation to be filed with the court. If you do end up being arrested and charged with a new offense while on probation, contact your criminal defense attorney right away to discuss the best way to handle both your new case and the potential for a probation violation.
Drug and Alcohol Violations
Remaining drug and alcohol-free if a standard condition of probation and you will be subject to random drug and alcohol tests. Failing a test can result in your probation officer filing a notice of violation with the court which can lead to the court ordering you to serve more time on probation or even time in jail. If you have a drug or alcohol problem, it is usually best to be up front about it with your probation officer and take advantage of the help offered while you are on probation.
How Your Criminal Defense Attorney Can Help You
Understandably, most defendants jump at the opportunity to serve a period of time on probation instead of serving time in jail. While probation certainly can be a great alternative to incarceration, it can also be difficult to successfully complete. You remain under the supervision of the court throughout your time on probation, meaning your home can be searched, you can be drug tested, and additional conditions can be added to your sentence — all of which can be stressful. If you are struggling to comply with the conditions of your probation in Tennessee, or a violation has already been filed, contact an experienced criminal defense attorney right away to discuss your situation and your potential options.
Contact a Murfreesboro Defense Attorney
If you have questions or concerns about probation in Tennessee, consult with an experienced Murfreesboro criminal defense attorney at Bennett | Michael | Hornsby as soon as possible to ensure that your rights are protected. Contact the teammtoday by calling 615-898-1560 to schedule your free appointment.
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