What Happens at a Probation Violation Hearing in Tennessee

Kylene Ross

Oct 2

5 min read

At a probation violation hearing in Tennessee, a judge decides two things: whether you broke a condition of probation, and if so, what should happen next. The state only has to prove the violation by a preponderance of the evidence, which means "more likely than not" (Tenn. Code Ann. § 40-35-311(d)). You have the right to be there, to have a lawyer and to put on your own proof, and the outcome is often more flexible than people fear.

How a violation case starts

When a judge learns you may have violated probation, the judge can issue a warrant for your arrest. For a technical violation reported by a probation officer, the judge can issue a criminal summons instead, which orders you to come to court without an arrest (Tenn. Code Ann. § 40-35-311(a)).

If you know a warrant is out, do not wait for it to find you. Read what to do about a warrant in Sumner County.

Who hears the case, and where

The hearing is held by the judge who granted your probation, that judge's successor, or another judge of equal jurisdiction asked to step in (Tenn. Code Ann. § 40-35-311(b)). In Sumner County, that usually means:

Felony probation from Criminal Court: the Criminal Justice Center, 117 W. Smith Street, Gallatin.
Misdemeanor probation from General Sessions: the courthouse at 155 East Main Street, Gallatin, where the General Sessions clerk is located.

Check your paperwork for the exact court and date.

Your rights at the hearing

The statute says the hearing must happen "at the earliest practicable time," that you must be present, that you are entitled to a lawyer, and that you can testify and present witnesses in your own behalf (Tenn. Code Ann. § 40-35-311(b)).

The Tennessee Supreme Court has also recognized basic due process rights at a revocation hearing (State v. Wade, 863 S.W.2d 406 (Tenn. 1993)):

Written notice of what you are accused of violating.
Disclosure of the evidence against you.
A chance to be heard in person and to present witnesses and documents.
The right to confront and cross-examine witnesses against you, unless the judge specifically finds good cause not to allow it.

Drug test results. The state can use a lab report instead of live testimony, but you must get a copy at least five days before the hearing. If you object in time and show good cause, the judge must require the lab technician to come and testify (Tenn. Code Ann. § 40-35-311(c)).

Technical vs. non-technical violations

A technical violation breaks a rule of probation without being a new crime, like a missed appointment or late payment. The law says a violation is not technical if it is a new felony, a new Class A misdemeanor, a "zero tolerance" violation as defined by the Department of Correction, absconding, or contacting your victim in violation of a probation condition (Tenn. Code Ann. § 40-35-311(g)).

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Call (615) 997-7618 to talk with Kylene Ross or Chloe Hawes about your situation. Arrested after hours? Send us a message and we are notified right away.

Limits for technical violations on felony probation

Tennessee set these rules in 2021 (Public Chapter 409, effective July 1, 2021) and adjusted them in 2022 (Public Chapter 1060):

One instance is not enough. A judge cannot revoke felony probation, even temporarily, based on one instance of technical violation (Tenn. Code Ann. § 40-35-311(d)(2)).
Graduated jail limits. For a second or later instance, the judge may temporarily revoke probation and order jail time of no more than 15 days for the first revocation, 30 days for the second, 90 days for the third, and the rest of the sentence for a fourth or later revocation (Tenn. Code Ann. § 40-35-311(e)(1)).
Community alternative. Instead of jail, the judge may resentence you to probation for the rest of the term with a community-based alternative to incarceration (Tenn. Code Ann. § 40-35-311(e)(1)).

These limits are written for felony probation. The 2022 change means a judge can act on a single technical violation of misdemeanor probation.

Non-technical violations

For a new felony, a new Class A misdemeanor, a zero tolerance violation, absconding, or prohibited victim contact, the judge can fully revoke probation and order you to serve the original sentence. The judge may reduce that sentence by up to the time you successfully served on probation before the violation (Tenn. Code Ann. § 40-35-311(e)(2)).

Possible outcomes

The Tennessee Supreme Court calls revocation a two-step decision: first, did a violation happen; second, what is the right consequence (State v. Dagnan, 641 S.W.3d 751 (Tenn. 2022)). Depending on the violation, the options can include:

Continuing probation, sometimes with new conditions.
Extending probation by up to one year, but only if the judge finds on the record that you repeatedly and intentionally skipped court-ordered treatment, intentionally violated a no-contact condition, or intentionally failed to pay restitution you could afford (Tenn. Code Ann. § 40-35-308(c)).
A short jail term within the graduated limits above.
Full revocation, with credit possible for time successfully served on probation (Tenn. Code Ann. §§ 40-35-310, 40-35-311(e)(2)). If the revocation is based on a new conviction, the judge may run the sentences back to back (Tenn. Code Ann. § 40-35-310(a)).

Violating judicial diversion

Judicial diversion works differently. If you violate a condition, the court may enter a finding of guilt and sentence you (Tenn. Code Ann. § 40-35-313(a)(2)). You lose the chance at a dismissal. Our article on pretrial vs. judicial diversion in Tennessee explains what is at stake.

How to prepare

Bring proof that probation is still working for you:

Pay stubs or a letter from your employer.
Proof of treatment, classes or counseling, with attendance records.
Receipts for fines, costs or restitution you have paid.
Names of people who can speak for you, such as an employer or sponsor.
Your probation order and any letters from your probation officer.

If there is a new charge, talk to a lawyer before discussing it with anyone.

The right to appeal

If the judge revokes your probation, you have the right to appeal (Tenn. Code Ann. § 40-35-311(e)(3)). Appeal deadlines are short, so raise it with your lawyer right away.

How we can help

Attorney Chloe Hawes handles criminal defense for our firm, and Kylene Ross also takes criminal cases. From our office on the Gallatin Public Square, we handle violation hearings in Sumner, Wilson, Robertson, Williamson and Davidson counties. We review the warrant or summons, test whether the violation is really technical, and gather the proof that matters. Learn more on our probation violation page and our criminal defense services. For how bond works after an arrest generally, see bond after an arrest in Sumner County.

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