Tennessee Code Annotated § 40-35-311 outlines the legal process for revoking probation or suspension of sentence. This law plays a key role in the Tennessee Criminal Sentencing Reform Act and defines what happens when a person on probation is alleged to have violated the terms of their release.
Whether you’re facing allegations of a technical violation or a new offense, understanding your rights and what the court can—and can’t—do is crucial.
What Triggers a Probation Revocation?
If a judge is informed that someone on probation has violated the law or a condition of their probation, they may issue:
- A warrant for arrest
- Or a summons to appear in court
These can be served by a probation officer or any peace officer in the county where the person is found.
What Happens at a Revocation Hearing?
A person accused of violating probation is entitled to a court hearing. At this hearing:
- The State must prove the violation by a preponderance of the evidence (a lower standard than in a criminal trial).
- The judge has discretion to determine whether a violation occurred and what consequences are appropriate.
Possible Outcomes of the Hearing
If the judge finds a violation, the court may:
- Revoke probation in whole or in part
- Resentence the defendant to probation for the rest of their original term
- Reinstate the original sentence, requiring the defendant to serve it (possibly with credit for time served on probation)
Types of Violations: Technical vs. New Offenses
Technical Violations
These are non-criminal violations of probation conditions—such as missing appointments or failing a drug test—that do not involve:
- A new felony
- A new Class A misdemeanor
- Absconding
- Zero-tolerance violations (as defined by the Dept. of Correction)
- Prohibited contact with a victim
Revocation Limits for Technical Violations (Felony Probation)
Violation # | Maximum Jail Time |
|---|---|
| First | Up to 15 days |
| Second | Up to 30 days |
| Third | Up to 90 days |
| Fourth or more | Remainder of sentence or alternative program |
In some cases, the court may order the defendant to participate in a community-based alternative program instead of jail.
New Offenses or Serious Violations
For more serious violations—such as committing a new crime, absconding, or violating victim-related restrictions—the judge may fully revoke probation and order the defendant to serve the rest of their sentence.
Additional Factors Judges Consider
- Risk & Needs Assessments: Judges are encouraged to use validated tools to evaluate a person’s risk level and treatment needs before making a decision.
- Judicial Discretion: Judges retain wide discretion in determining what is appropriate based on the specific facts.
- Alternative Sentencing: The law supports using alternatives to incarceration for people with behavioral health or substance use needs.
Summary Table: Revocation Actions and Limits
| Violation Type | First Revocation | Second | Third | Fourth or Subsequent |
|---|---|---|---|---|
| Technical Violation (Felony Cases) | ≤ 15 days jail | ≤ 30 days jail | ≤ 90 days jail | Remainder of sentence or alternative program |
| New Felony / Class A Misdemeanor | Full revocation | – | – | – |
| Absconding / Zero-Tolerance / Victim Contact | Full revocation | – | – | – |
Conclusion: Why Legal Representation Matters
If you’re accused of violating probation, the consequences can be severe—including jail time or serving the remainder of your original sentence. Courts have broad discretion under TCA § 40-35-311, but with the right legal strategy, there are often alternatives to incarceration and opportunities to remain in the community.
At M | J Law, we understand how Tennessee probation laws work—both the letter of the law and how it’s applied in local courts. We advocate aggressively at revocation hearings, challenge insufficient evidence, and present compelling arguments for second chances, treatment alternatives, or continued probation.
Don’t risk your freedom by going it alone. If you or a loved one is facing a probation violation, you need a legal team that knows how to navigate the system and protect your future. Contact us today to schedule a confidential consultation.