Legal Question in Criminal Law in Tennessee

If you violate your sentence..what could possibly be the consequences and would hiring a lawyer be helpful in the long run.

Asked on 3/09/20, 10:16 am

1 Answer from Attorneys

I assume you are referring to:

"If you violate your sentence on supervised probation or Community Corrections, what could the consequences be?

"Would hiring a lawyer be helpful in the long run?"

And the answers are:

1 - Worst case: You can be "fully revoked" if you are currently serving any sentence on supervised release in the community, and ordered to go to jail or the penitentiary to serve the sentence behind bars.

Even worst case: If violated on Community Corrections, you can be "re-sentenced" to any sentence you could have received when first convicted, including a longer term behind bars. [Yes, for example you can be found in violation of a FOUR year sentence on Community Corrections, then be re-sentenced to serve SIX years in the pen!]

2 - Medium situation: You can be arrested, jailed, spend some time in jail, then be reinstated to a release status.

3 - Best case: At the first indication that you may have violated your sentence involving release, Run -- don't walk -- Run and see two people:

a. Your Probation Officer / Community Corrections Officer.

b. A lawyer.

That's because the lawyer can advise your of your particular situation and may be able to avoid a Violation of Probation warrant being filed; or if one is filed, may be able to reduce the bond or have no bond needed as all (the violation to be handled with a "sign here" citation, like a traffic ticket.

You may be able to avoid a violation of probation warrant altogether by appearing as soon as possible before your probation officer, taking and passing a drug screen, and showing an effort to fix whatever violation might be outstanding. If you are behind on public service work, do some public service work. If you are behind on payments, make even a toke $5 payment, then talk to your lawyer about asking the court to waive or extend payments.

So yes, hiring a lawyer in a situation involving a violation of probation or Community Corrections is a very smart idea.

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Answered on 3/09/20, 12:06 pm

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