NASHVILLE CRIMINAL LAWYERS PROBATION IN TENNESSEE QUILLEN, FLANAGAN & QUILLEN Nashville, Tennessee |
|||||||||||
| Probation - a standard offender convicted of a Class C, D, or E felony is presumed to be a favorable candidate for probation in the absence of evidence to the contrary. Prison sentences are reserved for people committing the most severe crimes, or whose criminal histories show a clear disregard for the law and indicate that past rehabilitation efforts have failed. A defendant is eligible for probation if the imposed sentence is 8 years or less. |
|||||||||||
OFFICE I-40 Exit 204 95 White Bridge Road Suite 208 Nashville, TN 37205 (615) 356-1580 (615) 356-2567 FAX |
|||||||||||
SENTENCING JUDICIAL DIVERSION EXPUNGEMENT PRETRIAL DIVERSION PROBATION |
|||||||||||
| Certain classes of crimes are ineligible for Probation: |
|||||||||||
|
|||||||||||
|
|
||||||||||
| Probation is usually supervised and subject to certain conditions, including random drug screening. Common conditions are: |
|||||||||||
| (1) Meet the offender's family responsibilities; (2) Devote the offender to a specific employment or occupation; (3) Perform without compensation services in the community for charitable or governmental agencies; (4) Undergo available medical or psychiatric treatment, and enter and remain in a specified institution whenever required for that purpose by voluntary self-admission to the institution pursuant to § 33-6-201; (5) Pursue a prescribed secular course of study or vocational training; (6) Refrain from possessing a firearm or other dangerous weapon; (7) Remain within prescribed geographical boundaries and notify the court or the probation officer of any change in the offender's address or employment; (8) Submit to supervision by an appropriate agency or person, and report as directed by the court; (9) Satisfy any other conditions reasonably related to the purpose of the offender's sentence and not unduly restrictive of the offender's liberty, or incompatible with the offender's freedom of conscience, or otherwise prohibited by this chapter; or (10) Make appropriate and reasonable restitution to the victim or the family of the victim involved pursuant to § 40-35-304. |
|||||||||||
| Community Corrections - if a non-violent offender is not eligible for probation he may still be eligible for Community Corrections which is a special type of intensive probation. Tenn. Code Ann. § 40-36-106. |
|||||||||||
|
|||||||||||
| Tenn. Code Ann. § 40-36-106. - Offenders; eligibility "COMMUNITY CORRECTIONS" (a)(1) An offender who meets all of the following minimum criteria shall be considered eligible for punishment in the community under the provisions of this chapter: (A) Persons who, without this option, would be incarcerated in a correctional institution; (B) Persons who are convicted of property-related, or drug/alcohol-related felony offenses or other felony offenses not involving crimes against the person as provided in title 39, chapter 13, parts 1-5; (C) Persons who are convicted of nonviolent felony offenses; (D) Persons who are convicted of felony offenses in which the use or possession of a weapon was not involved; (E) Persons who do not demonstrate a present or past pattern of behavior indicating violence; (F) Persons who do not demonstrate a pattern of committing violent offenses; and (2) Persons who are sentenced to incarceration or are on escape at the time of consideration will not be eligible for punishment in the community. (b) Offenders shall not be excluded from the program on the basis of prior convictions for nonviolent felony offenses, but may, at the discretion of the court and local community corrections advisory board, be excluded on the basis of prior convictions for felony offenses which would not meet the eligibility criteria provided in subsection (a). (c) Felony offenders not otherwise eligible under subsection (a), and who would be usually considered unfit for probation due to histories of chronic alcohol, drug abuse, or mental health problems, but whose special needs are treatable and could be served best in the community rather than in a correctional institution, may be considered eligible for punishment in the community under the provisions of this chapter. |
|||||||||||
| Read the full-text of the statute governing probation: |
|||||||||||
| Tenn. Code Ann. § 40-35-303. Probation (a) A defendant shall be eligible for probation under the provisions of this chapter if the sentence actually imposed upon such defendant is eight (8) years or less; provided, that a defendant shall not be eligible for probation under the provisions of this chapter if the defendant is convicted of a violation of § 39-17-417(b) or (i), § 39-13-304, § 39-13-402, § 39-15-402 or § 39-13-504. A defendant shall also be eligible for probation pursuant to § 40-36-106(e)(3). (b) A court shall have authority to impose probation as part of its sentencing determination at the conclusion of the sentencing hearing. There shall be no "petition for probation" filed by the defendant, and probation shall be automatically considered by the court as a sentencing alternative for eligible defendants; provided, that nothing in this chapter shall be construed as altering any provision of present statutory or case law requiring that the burden of establishing suitability for probation rests with the defendant. (c) If the court determines that a period of probation is appropriate, the court shall sentence the defendant to a specific sentence but shall suspend the execution of all or part thereof and place the defendant on supervised or unsupervised probation either immediately or after a period of confinement for a period of time no less than the minimum sentence allowed under the classification and up to and including the statutory maximum time for the class of the conviction offense. (d) Whenever a court sentences an offender to supervised probation, the court shall specify the terms of the supervision and may require the offender to comply with certain conditions which may include, but are not limited to: (1) Meet the offender's family responsibilities; (2) Devote the offender to a specific employment or occupation; (3) Perform without compensation services in the community for charitable or governmental agencies; (4) Undergo available medical or psychiatric treatment, and enter and remain in a specified institution whenever required for that purpose by voluntary self-admission to the institution pursuant to § 33-6-201; (5) Pursue a prescribed secular course of study or vocational training; (6) Refrain from possessing a firearm or other dangerous weapon; (7) Remain within prescribed geographical boundaries and notify the court or the probation officer of any change in the offender's address or employment; (8) Submit to supervision by an appropriate agency or person, and report as directed by the court; (9) Satisfy any other conditions reasonably related to the purpose of the offender's sentence and not unduly restrictive of the offender's liberty, or incompatible with the offender's freedom of conscience, or otherwise prohibited by this chapter; or (10) Make appropriate and reasonable restitution to the victim or the family of the victim involved pursuant to § 40-35-304. (e) Probation shall be granted, if at all, at the time of the sentencing hearing except for sentences served in a local jail or workhouse, or except during the time a defendant sentenced to the department of correction is being housed in a local jail or workhouse awaiting transfer to the department as provided in § 40-35-212(d). (f) The trial judge shall not have the authority to require that the defendant either secure or pay the costs accrued in the case at the instance of the state as a condition of conducting a hearing on the defendant's request for suspension of sentence and probation. (g) The powers granted in this section shall be exercised by the judge of the trial court presiding at the trial of original conviction, or by any successor judge holding court in that jurisdiction. (h) No probationer shall be allowed to leave the jurisdiction of the probationer's probation officer without the express permission of the trial judge. (i)(1) In misdemeanor cases, as a condition precedent, the defendant must pay not less than ten dollars ($10.00) nor more than forty-five dollars ($45.00) per month as part payment of expenses incurred by the agency, department, program, group or association in supervising the defendant, such payments to be made to the clerk of the court in which proceedings against such defendant were pending, to be sent to the agency, department, program, group or association responsible for the supervision of such defendant, unless such defendant is found to be indigent and without anticipated future funds with which to make such payment. Such clerk of the court collecting such payment is permitted to retain five percent (5%) of the proceeds collected for the handling and receiving of such proceeds. The court may order such payments to be made directly to the agency, department, program, group or association responsible for the supervision of such defendant in lieu of making such payments to the clerk of the court. (2) In addition to the costs imposed by subdivision (i)(1), the court may require the defendant to pay any or all costs for the defendant's supervision, counseling or treatment in a specified manner, based on the defendant's ability to pay. (j) The provisions of this section relative to the payment of a supervision fee shall not apply to any person subject to the provisions of chapter 28, part 2 of this title. (k) The commissioner of correction, sheriff, warden, superintendent or other official having authority and responsibility for convicted defendants may contract with any appropriate public or private agency not under such commissioner's, sheriff's, warden's, superintendent's or other official's control for custody, care, subsistence, education, treatment or training of such defendants. The cost of such contract services shall be paid by the appropriate state or local entity to the department or the local jail or workhouse. (l) A probation officer shall make reasonable and diligent effort to notify a victim of any felony involving violence or the threat of violence that the defendant convicted of the offense is statutorily eligible for probation and that a hearing will be held to determine whether the defendant should be granted probation. Such notice shall be given at least three (3) days prior to the hearing. If the victim is less than eighteen (18) years of age or is otherwise unavailable, the probation officer shall make all reasonable and diligent efforts to so notify the family, if any, of the victim. (m) In determining whether a person convicted of any criminal offense defined in title 39, chapter 13, in which the victim falls within the definition set forth within § 36-3-601(8), should be granted probation, the court shall consider the safety and protection of the victim of such offense and of any other member of the victim's family or household. (n) If the court grants probation to a person convicted of an offense specified in subsection (m), it may condition such probation on compliance with one (1) or more orders of the court including, but not limited to: (1) Enjoining the perpetrator from threatening to commit or committing acts of violence against the victim or other household members; (2) Prohibiting the perpetrator from harassing, annoying, telephoning, contacting or otherwise communicating, either directly or indirectly, with the victim; (3) Requiring the perpetrator to stay away from the residence, school, place of employment or a specified place frequented regularly by the victim and by any designated family or household member; (4) Prohibiting the perpetrator from possessing or consuming alcohol or controlled substances; and (5) Prohibiting the perpetrator from using or possessing a firearm or any other specified weapon and requiring the perpetrator to surrender and forfeit any weapon currently possessed. |
|||||||||||
| Attorney Kenneth Quillen accepts Visa, Mastercard, Discover and American Express. |
|||||||||||