I know it is shocking but there are some people that are guilty as charged. The criminal justice system cannot afford to put everybody in prison. So , the Tennessee Legislature created alternative sentencing that allows the judge to not send a person convicted of a crime to jail in certain circumstances. The most typical form of alternative sentencing is probation.

Once someone gets on probation , they invariably want to get off probation . I often get asked " Can I terminate my probation". The answer is no. Under T.C.A. 40-35-308 , the criminal court does not have the legal authority to terminate one’s probation . However , the court has the power to release a person from supervision from a probation officer.

I recently filed a motion to release a person from supervision. First , a motion must be filed. A hearing will be set. Then, the court will decide to grant unsupervised probation. Here are a few tips before you ask the court to end probation supervision;

  1. Have all your court costs and fines paid .
  2. Get a letter from your probation officer that they agree with the probation being transferred to unsupervised.
  3. Be able to pass a drug screen if the court orders one on the day of your hearing.

In the case  I recently handled the motion was granted and the probation is now  unsupervised.