Legal Question in Criminal Law in Tennessee
i was put on one year probation and it will be over in one month. but my probation officer want to put me on another year probation because of the fines are not all payed, can she do that?
1 Answer from Attorneys
She cannot "on her own" extend your probation. Only the judge that put you on probation can extend it, and even then only under certain circumstances.
First - like it or not -- there must be a warrant for violation of probation sworn against you. Without a warrant, there is no jurisdiction in the court to change the terms of your probation.
So if you really cannot pay any fines and court costs, and even extending you on probation will not improve the situation, you should go back to court and ask the judge to waive any unpaid fines and costs.
If you can pay, but just need more time, and therefore this is a "friendly warrant" that your probation officer will need in order to help you get before the court for an extension of time, then get with your probation officer in advance and ask that the warrant be issued "without bond." In your jurisdiction this may be as a citation, an "OR" bond, or an "own bond."
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