Legal Question in Criminal Law in Tennessee
my boyfriend was recently arrested for domestic assault and they violated his parole for catching the charge. The assault charge was dismissed in court however they are holding him in county jail for tdoc on the violation. i dont understand how they can still violate him for a charge that was dismissed. he has spent over a month in county jail waiting for tdoc. what happens next?
1 Answer from Attorneys
What happens next is a hearing by the parole board. A criminal charge must be supported by proof beyond a reasonable doubt, while a violation of parole need only be supported by a preponderance of the evidence standard. So a case too weak to prosecute may still result in a violation of parole, especially if the behavior violated any other conditions of parole but not amounting to a crime (drinking, out late, etc.).
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