The Two Types of Violations:
Technical Violations are when you mess up the paperwork side of probation. Maybe you missed a meeting with your probation officer, forgot to do community service, or couldn’t pay a fine on time. You didn’t commit a new crime, but you didn’t follow the rules perfectly either.
New Law Violations are when you get arrested for something new while you’re on probation. This is more serious because now you’re dealing with both the old case and whatever new trouble you’re in.
Common Ways People Mess Up (And It’s More Common Than You Think)
We see the same problems over and over again:
- Missing appointments with your probation officer (car broke down, couldn’t get time off work, forgot the date)
- Failing drug or alcohol tests (relapsed, took something you thought was okay, prescription interaction)
- Not finishing community service (work schedule conflicts, health problems, transportation issues)
- Can’t pay fines or fees (lost job, medical bills, other emergencies)
- Leaving town without permission (family emergency, work travel, didn’t realize you needed to ask)
- Skipping counseling or treatment (scheduling conflicts, can’t afford it, program not available)
Life is complicated, and sometimes following every single rule perfectly is harder than the court realizes when they set up your probation.
What Actually Happens When You Violate Probation
If your probation officer thinks you violated probation, they can ask for a warrant for your arrest. Yes, they can just arrest you, often without warning. That’s scary, but it’s how the system works.
Then you’ll have what’s called a “revocation hearing.” This isn’t like a regular trial. There’s no jury, just a judge. And the prosecutor doesn’t have to prove you’re guilty “beyond a reasonable doubt” like in a criminal case. They just have to show it’s “more likely than not” that you violated probation.
The judge has several options:
- Give you another chance with the same probation terms
- Extend your probation period
- Add new requirements (more community service, more meetings, etc.)
- Make you serve some jail time, then continue probation
- Revoke your probation completely and send you to jail for the original sentence
That last option is the one that keeps people up at night.
How We Fight for You
Here’s the thing: judges don’t want to send everyone to jail. They’re busy, jails are crowded, and they’d rather see people succeed on probation if possible. But they need to see that you’re taking it seriously and that there’s a good reason for what went wrong.
We Help By:
Acting Fast – If you’re arrested on a probation violation, we work to get you out of jail as quickly as possible. Every day you sit in jail is a day you’re not working, not taking care of your family, and not showing the court you’re trying to do better.
Telling Your Story – There’s always more to the story than “person violated probation.” Maybe you couldn’t make your appointment because your kid was in the hospital. Maybe you failed a drug test because you relapsed after losing your job. We help the court understand what really happened.
Finding Solutions – Instead of just arguing about what went wrong, we come up with plans to fix it. Maybe you need a different meeting schedule, or help finding a job, or treatment for addiction. Judges like it when we bring solutions, not just excuses.
Negotiating Alternatives – Sometimes we can work out a deal where you do extra community service instead of jail time, or go to treatment instead of having your probation revoked.
Your Questions, Answered
Can they really arrest me without warning? Yes. If your probation officer thinks you violated probation, they can ask for a warrant and have you arrested. It’s not fair, but it’s legal.
What if I had a good reason for missing my appointment? Good reasons matter, but you need to prove them. Medical emergencies, work conflicts, family crises – these can all be valid excuses if you can document them and handle them the right way.
I failed a drug test, but I’m trying to get clean. Does that matter? Absolutely. Addiction is a disease, not a moral failing. If you’re genuinely trying to get help, we can often work with the court to get you into treatment instead of jail.
What if I can’t afford to pay my fines? Being poor isn’t a crime, and you can’t go to jail just for not having money. There are legal ways to address this, like payment plans or community service instead of fines.
Can I fix this before it gets worse? Sometimes. If you know you’re going to miss a deadline or you’re struggling with something, it’s much better to contact us and try to work it out ahead of time than to wait until there’s a warrant.
Why We’re Different
We’ve been handling probation violations in Middle Tennessee for decades. We know that most people on probation are trying to do the right thing, even when life gets complicated. We also know the court system, the prosecutors, and the probation officers. We understand how this system really works, not just how it’s supposed to work.
More importantly, we remember that you’re a person, not just a case file. We’ll listen to what really happened, help you understand your options, and fight for the best possible outcome.
Don’t Wait – This Gets Worse With Time
If you think you might have violated probation, or if you’ve already been arrested, call us right away. Probation violations move fast, and the sooner we get involved, the better we can help you.
Don’t try to handle this alone, and definitely don’t just hope it will go away. It won’t.
Call Kane & Crowell PLLC today at (615) 784-4800 for a free, confidential consultation. We’ll listen to your situation and help you figure out the best way forward.
Remember: everyone makes mistakes. What matters is how you handle them. Let us help you handle this one right.
