Legal Question in Criminal Law in Tennessee
Ive got a revised probation violation I failed a drug test for weed 6 months ago and 1 for theft under 500 and now Ive got another theft under 500 but its a missunderstanding but Im still getiing violated for it. Im on probation for demestic asault what can I do to stay out of jail?
1 Answer from Attorneys
... what can I do to stay out of jail?
If the violation of probation warrant has not yet been sworn, you can ask your probation officer to make it a citation instead of a warrant. That way you will not be arrested, but will simply be summoned to court.
If the ONLY reason for the violation is a new arrest, at least here in Clarksville the judge will usually wait on the violation of probation until AFTER the new charge has been heard. That way, if the new charge turns out to be bogus, the violation of probation warrant/citation can be quickly and easily dismissed. And if the defendant is found guilty of the charge from the new arrest, then it's a slam dunk: they are in violation of their probation.
General rule: Stay close to you probation officer. Thay have a lot of authority, but thay can also delay swearing out a warrant if they are convinced it will be a waste of their time.
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