Legal Question in Criminal Law in Tennessee
A close friend of mine was sentenced to supervised probation for a misdemeanor. Since then she was able to get her probation transferred when she relocated and only had to report to her PO over the phone. But she has relocated again to my state and stopped reporting to her PO. She wants to have her probation transferred to my state but there maybe a warrant already issued. What is the likelihood of her getting a new transfer if she violated her probation?
1 Answer from Attorneys
First, check and see if a warrant has been issued.
In Montgomery County, Tennessee you can look that up online,
just go to this website:
http://www.mcgtn.org/sheriff/warrant-search
If the probation was not in Montgomery County, see if that county has an on-line warrants search
web page; or try a call to the county sheriff and ask for
"Criminal Warrants Division" and ask if there is a warrant outstanding.
Also, the clerk of the appropriate court can tell her if a violation of probation warrant
was filed against her.
If there is a warrant outstanding, there is almost no chance that probation will
be transferred / moveuntil the defendant has been served with the warrant.
I would suggest your friend check with her original attorney, who can tell her
- if there is a warrant, and/or;
- if her probation has expired without a warrant being timely filed.
If probation has expired, and her non-reporting "slipped through the cracks" and
wasn't noticed by her probation officer (that happens a lot with "report by phone"
defendants) then she is safe from a warrant. A misdemeanor period of probation cannot
exceed 11 months and 29 days, so it may well be that her probation simply "ran out"
even with her non-reporting.
If there is no warrant, and probation has not expired, then she should immediately
call her probation officer and try and get things right.
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