Probation violation hearings in Rutherford County have a different twist than in most Middle Tennessee counties. Probation violation cases vary from jurisdiction. The big difference is how they are handled by the court and the district attorneys office. In Nashville probation violation hearings, it is possible to have the probation reinstated under certain circumstances. In other counties such as Sumner County, Tennessee, it is very difficult.
A probation violation follows a general pattern. Once one is placed on probation, they are given a probation order. The order contains the rules of probation one must follow. One of the most basic rules is to not get rearrested. If you violate the terms of probation, a probation officer will take out a probation violation warrant. The trial judge will review the warrant and sign it. It is basically an arrest warrant. The warrant will be served on you and you will be placed under arrest. The trial judge may set a bail bond. One is not entitled to a bail bond on a probation violation hearing. Later a probation violation will be set for a hearing. At the hearing, a decision will be made on the violation of probation.
In Rutherford County, it may be possible to have your probation reinstated on the first violation. After that, the assistant district attorney may insist on the language. The language will be included in any new order. It basically means if there is another probation violation, you will serve your sentence.
You are over the barrel. Agree to the language and get reinstated. Refuse and roll the dice with the judge. The takeaway is to be mindful of the agreement. No slip-ups are allowed. Do not violate the terms of the order with the language in the order or you might wind up at the Tennessee Department of Corrections.
