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If I am in violation of probation am I still on probation until I go to court for the violation?

Nashville, TN |

I was violated for calling in on the wrong day actually early , so my probation officer violated me . I am turning myself in for it next week and bonding back out . My probation officer after she violated me is making me take drug tests (which I passed) and telling me I still have to call in and report like regular. I do not mind doing these things but I am wondering if I can get another violation because I am under the impression that since I am violated that I am not on probation now until a judge decides to put me in jail or put me back on probation. Also I am doing this and I know that if I get put back on probation that my time will start over so I do not see any reason why I should be doing this now. Please answer I am confused and very scared ....thank you and God bless

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Attorney answers 4


Yes. Keep complying. Don't make it worse on yourself and give up. My office handles these all the time, if you would like to call and discuss representation.

Please note that my answering this question, does not, in any way, mean I represent you for this, or any other case. You need to seek that actual face-to-face advice of any attorney in your area who can further explain the law as it applies to your case.


First, yes, you still are on probation unless and until a Judge tells you otherwise. And, if your probation officer has specifically asked you to continue reporting and do anything else, you need to do it. If you fail to report now, your probation officer could file an amended warrant and add an additional failure to report if you miss a meeting.

If a probation violation warrant has been filed against you, the court needs to decide two things. One, the Judge decides whether you did in fact violate your probation. And two, if you did violate your probation, the Judge decides the appropriate punishment. The Court could give you another chance and reinstate your probation, make you serve out your entire sentence, or anything in between. The Court could also extend your probation.

Judges usually consider how you have been doing on probation and how serious the violations are when deciding the punishment. For example, a Judge may weigh a new arrest more seriously than being behind on paying fines and court costs. Or, consider you reporting a few days late less serious than not reporting for a couple of months. The Judge can find you in violation for breaking any of the rules of probation, and has broad discretion on imposing a punishment, but these are things often considered.


Additionally you should know that when a trial court finds by a preponderance of the evidence that a defendant has violated probation, the trial court can order the defendant to serve the sentence by incarceration, place the defendant back on probation as it was originally entered, or extend the remaining probationary period for not more than two additional years.
State v. Hunter, 1 S.W.3d 643, 647 (Tenn. 1999).


You are still on probation till you face the Judge. There has to be more to this than you have indicated. Most Probation Officers would not have put out a PV for this reason but you will still need to take the drug tests until court day. Get a lawyer and get it resolved favorably.

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