What Happens If You Are Charged With a Crime While on Probation in Tennessee?

Being charged with another crime while you are already on probation can put more than the new case at stake. In Tennessee, the alleged conduct may also trigger a probation violation proceeding and could affect the sentence you are serving. The new charge and the probation violation are separate matters, and the court does not need a conviction on the new charge to find a probation violation. 

A probation violation can proceed on a different timeline and with a different burden of proof than the new criminal case. William L. Pomeroy Law can examine how the allegations behind a new charge may affect both proceedings for clients in Brentwood and the surrounding counties. 

A New Charge May Trigger a Probation Violation Proceeding

If you are accused of committing another crime while on probation, the alleged conduct may be treated as a violation of your probation conditions. That can lead to a probation violation proceeding in addition to the new criminal case. 

A judge may issue a probation violation warrant that results in your arrest. The court may set a separate bond on the violation warrant, distinct from the bond or release conditions on the new criminal charge. This means being released on the new charge does not, by itself, resolve the probation violation warrant. For certain technical violations, Tennessee law also permits a summons instead of a warrant in some circumstances. 

Your individual probation conditions also matter. They may require you to report an arrest or contact with law enforcement to your probation officer. Failing to follow a reporting condition could create an additional alleged violation, so you should review your probation terms promptly. 

The Court May Act Before the New Case Ends

A probation violation may be decided without waiting for a conviction on the new criminal charge. The probation court considers the evidence presented in the revocation proceeding under the standard that applies to that proceeding. 

A Tennessee Court of Criminal Appeals decision illustrates the distinction. In State v. Burnice, the court upheld a probation revocation based on evidence presented at the revocation hearing even though the defendant was later acquitted of one of the new charges and another was dismissed. Therefore, dismissal or acquittal of a new charge does not automatically require dismissal of a probation violation based on the same alleged conduct. 

The State Must Prove the Probation Violation

A new arrest can lead to a probation violation allegation, but the arrest alone does not prove you violated probation. The State must present sufficient evidence of the alleged violation. 

The burden of proof is lower than in a new criminal case. In a probation proceeding, the court may find a violation if the State proves it by a preponderance of the evidence. By contrast, a criminal conviction requires proof beyond a reasonable doubt. 

This difference can have a practical effect: the probation court may find the conduct occurred even when the evidence would not support a criminal conviction under the higher standard. 

New Criminal Charges Can Bring More Serious Consequences

Not every probation violation carries the same possible consequences. For felony probation, Tennessee law distinguishes between technical violations and certain more serious non-technical violations. 

A new felony or Class A misdemeanor is generally treated as a non-technical violation. Tennessee law limits a court's ability to revoke felony probation based on a single technical violation, so the distinction can affect the available consequences. 

These technical-violation restrictions apply to felony probation. If you are serving misdemeanor probation, different rules may govern what the court can do after a violation. William L. Pomeroy Law can evaluate these issues as part of a criminal defense strategy that accounts for both the new charge and its possible effect on probation. 

You Have Rights at a Probation Revocation Hearing

A probation revocation hearing gives you an opportunity to respond to the alleged violation. You are entitled to be present and represented by counsel and may present evidence on your behalf. 

Due process also generally includes notice of the alleged violation, disclosure of the evidence against you, an opportunity to present witnesses and documentary evidence, and the right to confront and question adverse witnesses, subject to recognized exceptions. 

At the hearing, the court determines whether the State has established the alleged violation. Because the new criminal case may still be pending, decisions about presenting evidence or testimony at the revocation hearing can also affect the defense of the new charge. 

The Court Decides Whether to Revoke or Continue Probation

Proving a violation does not automatically determine the consequence. The court must first decide whether a probation violation occurred and then determine the appropriate consequence. 

The Tennessee Supreme Court explained this two-step probation revocation process in State v. Dagnan. Finding that a violation occurred does not, by itself, answer what should happen next. 

Depending on the circumstances and the type of violation, the court may have options that include continuing probation, modifying probation conditions, imposing a period of confinement, or ordering execution of the original sentence. The available options depend on Tennessee law and the violation's circumstances. 

A New Conviction May Lead to Consecutive Sentences

If the new criminal charge results in a conviction, committing the offense while on probation may also affect sentencing in the new case. Tennessee law allows a court to consider that an offense was committed while the defendant was on probation when ordering consecutive sentences. 

Consecutive sentences are served one after another rather than at the same time. They are not automatic simply because the new offense occurred during probation. The court must determine whether consecutive sentencing is appropriate under Tennessee sentencing law and the case's circumstances. This is one reason the consequences of a new offense while on probation can extend beyond the probation revocation itself. 

Discuss Your Probation Case with William L. Pomeroy Law

When a new charge and an alleged probation violation arise from the same conduct, early decisions in one proceeding can affect the other. William L. Pomeroy Law can assess the evidence behind the new allegation, what the State must prove at a revocation hearing, and the possible consequences for the probationary sentence. 

From his Brentwood, Tennessee, office, Attorney William L. Pomeroy represents people facing criminal charges in Davidson County, Williamson County, and Rutherford County. Contact the firm to discuss how the new accusation may affect your probation and the options for responding to both matters.