If you violate probation in Tennessee, the judge can order the original sentence back into effect. What the State has to prove, and what the caps are, depends on the kind of violation.
Short answer. A violation starts with a warrant or a criminal summons, then a hearing where the judge decides by a preponderance of the evidence. On a finding, the court can revoke probation in full or in part and put the original sentence into effect. For technical violations on a felony, incarceration is capped at 15 days on a first revocation, 30 on a second, and 90 on a third.
Written by Austin Tomlinson, criminal defense attorney at Patriot Law, Nashville, Tennessee. Last reviewed November 2026.
A missed appointment, a failed drug screen, an unpaid fee, a new arrest. Any of those can put you back in front of the judge who gave you probation in the first place. What happens if you violate probation in Tennessee depends on what kind of violation the State alleges and what your record on supervision looks like.
This page explains the process under Tenn. Code Ann. § 40-35-311, the standard the judge applies, and the limits the statute puts on jail time. It is general information about Tennessee law, not advice about any specific case.
Violation warrant out, or a hearing set? Austin Tomlinson reviews probation violation cases at no charge. Call (615) 669-8312 or send a confidential message.
The process starts the same way whether you violate probation in Tennessee by missing a meeting or by picking up a new charge. Under Tenn. Code Ann. § 40-35-311(a)(1), when it comes to the attention of the trial judge that a person released on a suspended sentence has violated, the judge may issue either:
“A warrant for the arrest of the defendant as in any other criminal case.” That means being picked up and held, often without the bond you would expect on a new charge.
“For a technical violation brought by a probation officer, and subject to the discretion of the judge, a criminal summons.” A summons means a court date instead of an arrest.
Which one issues is the judge’s call. That single decision is often the difference between waiting for your hearing at home and waiting for it in custody, which is one reason the early phone call matters.
Section 40-35-311(b) requires the judge to inquire into the charges “at the earliest practicable time.” At that hearing, “the defendant must be present and is entitled to be represented by counsel,” and may introduce testimony.
The standard is lower than at trial. Under § 40-35-311(d)(1), the judge decides “by a preponderance of the evidence,” not beyond a reasonable doubt. There is no jury. A new charge that has not been proven in criminal court can still support a revocation.
If the judge finds a violation, the court “may revoke the defendant’s probation and suspension of sentence, in full or in part,” under § 40-35-310, which lets the trial judge “order the original judgment to be in full force and effect.” The court may instead “sentence the defendant to a sentence of probation for the remainder of the unexpired term.”
So the realistic range runs from continuing probation on the same terms, to added conditions, to serving the sentence you originally avoided.
Not every violation carries the same exposure. Section 40-35-311(g) defines a “technical violation” as “an act that violates the terms or conditions of probation but does not constitute a new felony.” The definition excludes a zero tolerance violation as defined by the Department of Correction community supervision sanction matrix.
For a felony probationer who commits a second or subsequent technical violation, § 40-35-311(e)(1)(A) lets the judge impose a term of incarceration not to exceed:
| Revocation | Maximum incarceration |
|---|---|
| First | 15 days |
| Second | 30 days |
| Third | 90 days |
| Fourth or subsequent | The remainder of the sentence |
Source: Tenn. Code Ann. § 40-35-311(e)(1)(A). These caps apply to technical violations as the statute defines them. A new felony is not a technical violation, and the caps do not apply to it.
Whether your conduct counts as technical is frequently the whole fight. A missed report, a positive screen, or unpaid costs sit on one side of that line. A new felony charge sits on the other.
On a warrant, the first objective is addressing custody. Turning yourself in with counsel present is a different posture than being picked up on the street.
Violation reports can be wrong. Screen results, payment records, and reporting logs all get checked rather than assumed.
If the conduct is a technical violation under § 40-35-311(g), the caps in subsection (e) come into play. That classification changes the exposure.
A violation based on a new arrest means two matters at once. How the underlying charge is handled shapes the violation. See criminal defense.
Treatment, employment records, and compliance since the alleged violation give the judge something to work with besides revocation.
Under § 40-35-311(e)(3), “if the trial judge revokes a defendant’s probation and suspension of sentence, then the defendant has the right to appeal.”
Every case turns on its own facts. Any result described on this page is not a prediction or guarantee of the outcome in another matter.
Austin Tomlinson handles probation violations across Middle Tennessee. Call (615) 669-8312 or send a confidential message.
Supervision conditions vary by case, but violation reports tend to come from the same short list.
A new arrest while on probation creates two problems at once, and the violation often moves faster than the new case does. If the new charge is a DUI or an assault, both tracks need attention from day one.
If you violate probation in Tennessee, the case goes back to the court that placed you on probation. For a case that started and ended in General Sessions, that is General Sessions. For a case that was bound over and resolved in Criminal Court, the violation is heard there. Our post on General Sessions versus Criminal Court explains the split, and our probation violation page covers how we handle these cases.
If you cannot afford counsel, tell the court. Under Tenn. Code Ann. § 40-14-202 the court advises the accused of the right to counsel and appoints a lawyer on a finding of indigency. See public defender vs private attorney.
Veterans facing revocation have options worth raising. See Davidson County Veterans Court and veterans criminal defense.
Yes. On a finding of violation by a preponderance of the evidence, the court may revoke probation in full or in part under Tenn. Code Ann. § 40-35-311(d)(1) and order the original sentence into effect under § 40-35-310. For technical violations on a felony, § 40-35-311(e)(1)(A) caps incarceration at 15 days for a first revocation, 30 for a second, and 90 for a third.
A preponderance of the evidence, which is lower than the beyond a reasonable doubt standard at trial. There is no jury. The judge decides.
Under § 40-35-311(g), a technical violation is an act that violates the terms or conditions of probation but does not constitute a new felony. The definition excludes a zero tolerance violation as defined by the Department of Correction community supervision sanction matrix.
A violation warrant is not the same as a new charge, and the statute does not provide for release on bail pending the revocation hearing. Whether you are held depends on the court. Getting the matter in front of the judge quickly is the practical path.
The court may find no violation occurred, and may also continue probation on the same or added terms rather than revoke. What happens in any case depends on the evidence and the record on supervision, and no lawyer can promise a result.
Yes. Section 40-35-311(e)(3) provides that if the trial judge revokes a defendant’s probation and suspension of sentence, the defendant has the right to appeal.
Every case turns on its own facts. Any result described on this page is not a prediction or guarantee of the outcome in another matter.
Austin Tomlinson is an Army veteran who defends veterans and civilians across Middle Tennessee. Bring him the violation report and he will walk through what the State has to show and what your options are.
Each county page covers the court structure, the specialty courts and the local rules of that county. Each city page covers which court actually has your case, how far away it is, and what that city's own court can and cannot do. The areas served page lays all of it out in one place. If your city is not listed, call anyway — these are the places Austin appears most often, not the limits of where he goes.
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