Getting a new criminal charge while on probation in Tennessee can create two separate cases: the new prosecution and a probation violation proceeding in the old case. A new arrest does not automatically prove that you committed the new offense, but alleged criminal conduct can trigger a probation violation warrant and place the suspended sentence at risk.
The seriousness of the probation consequences depends in part on the new offense. Under Tennessee Code Annotated § 40-35-311, a new felony or new Class A misdemeanor is treated as a nontechnical probation violation if the court finds that the defendant committed it by a preponderance of the evidence.
Nashville Criminal Defense Lawyer & Former Prosecutor Kevin Kennedy. 615-205-7311. Call or text for a free consultation.
Will a New Arrest Automatically Violate Probation?
Not necessarily. An arrest is an accusation. At a probation hearing, the judge must determine whether a violation occurred based on the evidence.
However, the probation court uses the preponderance-of-the-evidence standard rather than the beyond-a-reasonable-doubt standard required for a criminal conviction. That means the probation judge can sometimes find that the conduct occurred even before the new criminal case is resolved.
Does the New Case Have to Be Finished First?
No universal rule requires the criminal case to end before the probation court acts. The revocation court can hear evidence concerning the alleged conduct under the probation standard.
Strategically, the timing matters because testimony or admissions at a revocation hearing can affect the defense of the pending new charge.
What If the New Charge Is a Felony?
A new felony is expressly treated as a nontechnical violation under § 40-35-311. If the probation judge finds by a preponderance of the evidence that the defendant committed the felony, the court has broad authority to revoke probation and order execution of the original judgment.
The judge may also choose a lesser lawful disposition depending on the circumstances.
What If the New Charge Is a Class A Misdemeanor?
A new Class A misdemeanor is also a statutory nontechnical violation. DUI and many other serious misdemeanors are Class A offenses, so a seemingly 'misdemeanor' new charge can still create major probation exposure.
The exact classification of the new offense should be confirmed rather than assumed.
What If the New Charge Is a Lower-Level Misdemeanor?
The statutory definition of a technical violation excludes a new felony and new Class A misdemeanor, but not every lower-level misdemeanor is automatically treated the same way. The probation conditions, conduct alleged, and applicable supervision rules must be reviewed.
The new criminal case still exists independently even if the probation consequence is treated differently.
Can the Judge Revoke Probation Even If the New Charge Is Later Dismissed?
Potentially. The probation hearing and criminal prosecution use different burdens of proof and are separate proceedings. A dismissal of the new case does not automatically erase an earlier probation finding.
Conversely, a mere arrest should not be treated as conclusive proof. The State must present sufficient evidence of the alleged violation.
Can the Judge Make You Serve the Original Sentence?
Yes, after a qualifying nontechnical violation is established, the court can have authority to order the original judgment into execution. Tennessee law also permits other dispositions, including continued or modified probation in appropriate cases.
The consequence phase should therefore be prepared even when the defense is contesting whether a violation occurred.
Can You Get Bond?
There may be a bond on the new criminal charge, but a probation violation warrant can independently keep the defendant in custody. Posting the new-case bond does not guarantee release.
Counsel should check both cases, all warrants, and all holds before the family pays a bond.
Should You Plead Guilty to the New Charge to Resolve the Violation?
Not without understanding both cases. A plea in the new case can supply powerful proof of a probation violation and can carry consequences beyond the immediate sentence.
The defense strategy should account for the new charge, the revocation exposure, possible plea negotiations, and whether statements in one proceeding could affect the other.
What Evidence Matters at the Probation Hearing?
Police testimony, body-camera footage, witnesses, certified judgments, admissions, video, photographs, laboratory evidence, and other records can be used depending on admissibility rules applicable to revocation proceedings.
The defense can challenge the proof and present evidence supporting innocence, justification, misidentification, lack of possession, or another defense to the alleged new conduct.
What Should You Do After Getting a New Charge?
Do not ignore probation. Report as required unless instructed otherwise by lawful authority, avoid new violations, preserve evidence, and tell defense counsel about both cases.
If substance use or another correctable issue contributed to the arrest, verified treatment or other mitigation may also help with the eventual disposition.
Frequently Asked Questions
Does a new arrest automatically revoke probation?
No. The court must find a violation based on evidence, although the probation burden of proof is lower than the criminal-trial burden.
Can probation be revoked before I am convicted of the new charge?
Yes. A revocation court can make its own finding under the preponderance standard.
Is a new DUI a serious probation violation?
Yes. DUI is a Class A misdemeanor and can constitute a nontechnical violation.
Can the old sentence be put into effect?
Potentially. A qualifying nontechnical violation gives the court broad revocation authority.
Will bonding out on the new charge get me out of jail?
Not necessarily. A probation violation warrant can independently prevent release.
Talk With a Nashville Probation Violation Lawyer
A new charge while on probation creates a two-case strategy problem. Decisions in the new prosecution can affect the revocation, and the revocation hearing can affect the defense of the new case.
Kevin Kennedy Law Firm represents people facing new criminal charges and probation violations in Nashville and Middle Tennessee. Both cases should be evaluated together before testimony, pleas, or revocation negotiations occur.
Learn how a probation violation attorney in Nashville approaches these cases.