Legal Question in Criminal Law in Tennessee
If someone get a a battery charge while on probation, what are the chances they'll get released on court date?
1 Answer from Attorneys
1 - There is no offense of "battery" in Tennessee.
You are probably referring to "assault" (or perhaps "domestic assault").
2 - What do you mean by "get released?"
Unless there is a "Hold Without Bond" violation of probation warrant, all defendants may
post bond pending trial.
3 - The real question is whether or not a violation of probation warrant has been filed.
Because a person on probation is held to an especially high standard of law abiding behavior,
a crime committed while on probation can easily result in:
a - The prosecution taking a more severe approach to the "assault? domestic assault?" than they would for a first time offender.
b - The probation officer of the person on probation can file a warrant for violation of their probation.
c - It is even possible that the person could be ordered to serve the full term of the probated term in jail,
followed by a consecutive jail sentence for the new offense committed while on probation.
So, as is usual in these cases, the defendant should talk to an attorney before his/her court date.
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