Probation-Violation Hearings in Tennessee: How They Start, What the Judge Can Do, and Why “Technical” vs. “New-Law” Matters

When a Tennessee judge places someone on probation, the sentence is suspended—not erased. If the defendant breaks the rules, the court can yank that suspension and send the person to jail or prison. Here is a brief overview of: (1) how a violation warrant is filed, (2) the proof standard at the hearing, (3) the judge’s menu of dispositional options, and (4) key differences between misdemeanor and felony probation—including the new rules on “technical” violations.

1. How the case begins: the violation warrant or summons

Who issues it? Whenever a trial judge learns that a probationer has broken the law or a condition of supervision, the judge “shall have the power to cause to be issued” either a warrant for arrest, or a criminal summons if the alleged breach is a technical violation and a probation officer brings the charge. § 40-35-311(a)(1)(A)–(B)

Who serves it? Any probation or peace officer may execute the warrant or serve the summons, “regardless of whether the defendant is on probation for a misdemeanor or felony.” § 40-35-311(a)(2)

First appearance. After arrest or service, the granting judge (or a judge of equal jurisdiction) must “at the earliest practicable time” hold an inquiry. The defendant has the right to be present, be represented by counsel, and present evidence. § 40-35-311(b)

2. The proof standard: Preponderance of the evidence

Unlike a new criminal trial—which requires proof beyond a reasonable doubt—probation revocation uses the civil-style standard. The court may act if it “finds by a preponderance of the evidence” that a violation occurred. § 40-35-311(d)(1)

In everyday terms, the judge asks whether the violation is more likely than not true (51 percent).

3. What the judge can do after finding a violation

Tennessee gives trial courts two overlapping sources of authority:

§ 40-35-311(d)(1): After the finding, the judge may revoke probation “in full or in part” and order the defendant to serve the original sentence or any portion of it.

§ 40-35-308(c): At the conclusion of a revocation hearing, the judge may instead extend supervision for up to one additional year (and another one-year block for each later violation) if the record shows:

repeated failure to attend court-ordered treatment,

intentional violations of no-contact rules, or

willful failure to pay restitution when able. § 40-35-308(c)(1)–(2)

Because the statute caps each extension at one year, the court often uses § 40-35-308(c) to keep the defendant on community supervision while tightening conditions or ordering treatment, rather than sending the person to jail for the entire balance of the sentence.

4. “Technical” vs. “New-Law” violations

A. What is a technical violation?

The 2022 amendments define it as “an act that violates the terms or conditions of probation but does not amount to a new felony, new Class A misdemeanor, ‘zero-tolerance’ violation, absconding, or forbidden victim contact.” § 40-35-311(g)

Typical examples of technical violations: missing curfew, positive drug screens, skipped counseling, or failure to pay fees.

B. Graduated jail caps for felony technical

For probationers, the court usually cannot fully revoke on the first technical violation. § 40-35-311(d)(2)

Instead, § 40-35-311(e)(1) authorizes "short" sentences for technical violations:

1st revocation- up to 15 days

2nd revocation- up to 30 days

3rd revocation- up to 90 days

4th revocation- balance of sentence

 § 40-35-311(e)(1)(A)(i)–(iv)

The judge may also re-sentence the defendant to probation with a community-based program instead of jail. § 40-35-311(e)(1)(B)

C. New-law violations

If the probationer commits a new felony, a new Class A misdemeanor, absconds, or violates a “zero-tolerance” rule, the court can fully revoke immediately and order execution of the original sentence, whether the case is a misdemeanor or felony. § 40-35-311(e)(2)

Bottom line

Probation-violation hearings move fast and use a lower burden of proof. A single missed meeting may trigger an arrest warrant, although an attorney can often steer the judge toward an extension or community program rather than full revocation if there are circumstances that lead toward rehabilitation instead of incarceration.

Understanding the new technical-violation limits—especially for felony clients—helps defense attorneys craft a realistic strategy before stepping into court.

This post is for general information only and does not constitute legal advice. Statutes change, and every case turns on its own facts. If you face a revocation hearing, consult an attorney.