By James Kemp and Ryan C. Davis
What Is Probation in Tennessee?
Keeping clients out of jail or reducing the amount of time that they may have to spend in jail is typically the primary goal for criminal defense attorneys. One way that this is accomplished is by seeking to have a defendant sentenced to probation instead of imprisonment. Probation is often included as part of a plea bargain reached between the defendant and the prosecutor for the state. So…what exactly is probation?
Probation was created by lawmakers in Tennessee and is used as an alternative to jail or prison. It allows a defendant to remain an active member of his or her community so long as the defendant adheres to the conditions of his or her probation. It is important to remember that when a defendant is sentenced to probation, they are being sentenced in lieu of jail. However, if they violate the terms of their probation, their jail or prison sentence will be put “into effect.”
Are All Offenses Eligible for Probation?
No. In Tennessee, a probation sentence cannot extend beyond 10 years. Thus, sentences that are longer than 10 years are not eligible for probation. A and B felonies are also not eligible for probation. Additionally, certain offenses have been deemed ineligible for probation by statute, and the sentences for those offenses must be served in prison.
How Long Does Probation Last?
The amount of time that a defendant remains on probation depends on the offense he or she was convicted of and the statutory sentencing range for that offense.
What Are the Terms of Probation in Tennessee?
While the Tennessee Department of Corrections does have standard probation conditions, the terms of probation for an individual defendant can vary from county to county and from judge to judge. Some common probation terms and conditions include the following:
- Drug and Alcohol Testing: A defendant cannot use illegal drugs while on probation, and may be prohibited from drinking alcohol as well.
- Reporting to a Probation Officer: In most counties in Tennessee, a defendant is assigned a probation officer. The defendant will be required to meet with their officer on a regular basis to show proof and verify they are being compliant with the terms of their probation.
- Fines: Fines are usually determined by the specific criminal charge involved or are set by the judge.
- Community Service: An individual on probation may be required to complete a certain amount of hours of community service work.
- Counseling and/or Educational Programs: Counseling programs are commonly ordered for a defendant being charged with an alcohol or drug offense. Similarly, anger management classes may also be ordered in domestic abuse cases.
- Ignition Interlock Device: An ignition interlock device is a device that is installed on your vehicle that prevents the vehicle from starting if alcohol is detected on the driver’s breath. This is often required for many alcohol related offenses.
- Restitution: A defendant may be required to pay restitution for any property damage they caused or for things like a victim’s medical expenses.
- Good and Lawful Behavior: While on probation, a defendant must stay out of trouble during his or her probation period and cannot be arrested or given a citation for any new criminal offenses.
- Travel: A defendant may be prohibited from traveling out of state or out of their county of supervision.
- People and Places: A defendant may be required to avoid certain people or places, such as fraternizing with convicted felons or other individuals on probation.
Is Probation the same as Parole?
No. Parole only applies to defendants who were sentenced to prison and not probation. In that event, a defendant applies for parole with the Board of Parole in a procedure known as a parole hearing.
There are many other aspects to probation, but the most important thing is to comply with the terms of probation and avoid being sentenced to jail or prison. Having zealous representation at a probation violation hearing is crucial. If you have questions about probation or have a pending probation violation, give our experienced Nashville criminal defense attorneys a call at (615) 649-0110 to discuss your case.
