Lawrenceburg, TN asked in DUI / DWI and Criminal Law for Tennessee

Q: What can happen if someone violates probation for a second time?

My fiance has been on probation for at least 10 years. He is on the sex offenders list. Got arrested twice for public intoxication. The dates are 9/26/22 &10/3/22

Related Topics:
1 Lawyer Answer
Jon David Rogers
Jon David Rogers
  • Criminal Law Lawyer
  • Hendersonville, TN
  • Licensed in Tennessee

A: Quite often it depends on the nature of the violation, his performance on probation overall and the jurisdiction he is in. Aside from the arrests for public intoxication, if his performance on probation has been good otherwise, regarding completing classes, paying fees, maintaining contact with his probation officer, etc. That bodes well for him.

If there are terms of his probation, which prevent him from being around or consuming alcohol, the nature of his arrests are not good news for him. I always urge my clients to report to their probation officers IMMEDIATELY upon any arrests or even traffic tickets. You don't want to be in a position where it looks like you are trying to conceal things from your probation officer.

Lastly, where he is on probation is a major factor. In Sumner County, judges are far more likely to put sentences into effect for any violation, meaning time to serve. In large urban counties, where the case load is far more crushing, like Davidson or Shelby, quite often offenders are put back on probation, sometimes they have more time on probation added, sometimes not.

In any event, I would advise your husband to consult with a skilled, local attorney for the best advice and insight into his case and circumstances.

Please let me know if you have any questions and best of luck.

*DISCLAIMER: This post and the contents thereof do NOT CONSTITUTE LEGAL ADVICE. ALWAYS consult a knowledgeable attorney directly and personally to be informed of your unique situation.*

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.