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  • Order of Probation Pursuant to Tennessee Code Annotated 40-35-302

Order of Probation Pursuant to Tennessee Code Annotated 40-35-302

Category:
Local County - Shelby - Court of General Sessions - Criminal Court
State:
Tennessee
Control #:
TN-SKU-0892
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Description

Order of Probation Pursuant to Tennessee Code Annotated 40-35-302

An Order of Probation Pursuant to Tennessee Code Annotated 40-35-302 is a court order issued to individuals who have been convicted of a crime or offense in the state of Tennessee. This order is designed to provide an alternative to incarceration, allowing the offender to remain in the community and remain productive. The order typically requires the offender to comply with certain terms and conditions, such as reporting to a probation officer, attending counseling, paying restitution, participating in educational and vocational programs, and refraining from criminal activity. There are two types of Order of Probation Pursuant to Tennessee Code Annotated 40-35-302: probation with conditions and probation without conditions. Probation with conditions requires the offender to meet certain requirements and abide by certain restrictions, such as attending counseling, paying restitution, and refraining from criminal activity. Probation without conditions is a less restrictive form of probation, which does not require the offender to meet any additional requirements, but still requires the offender to abide by the terms and conditions of the order.

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FAQ

What are the Possible Consequences for Failing to Appear? In Chattanooga, a suspect who fails to appear for court may have committed a Class A misdemeanor. The court may impose fines up to $2,500 and prison terms of up to 11 months and 29 days.

How much is a bond for failure to appear? The cost of failing to appear can be as much as $10,000 if you were already out on bail before you failed to appear. Failing to appear can also add jail time, should you be convicted of the crimes you are charged with when you fail to appear.

Depending on the nature of the original crime with which the defendant is charged, the FTA can be a Class A misdemeanor, which means that it is punishable by up to 11 months, and 29 days in jail, or as a Class E Felony, which is punishable by up to 2 years in prison.

Class E felonies carry possible sentences of 1 to 6 years in prison and fines up to $3,000. Examples include theft of a firearm, felon in possession of a handgun, and aggravated rioting.

Bench warrants are the less severe types of warrants. They are generally issued when you miss a court date or fail to make a court-mandated payment, such as paying off a citation or missing child or spousal support payments. A bench warrant can typically be cleared by paying off the balance.

Failure to appear is a Class A misdemeanor. Any sentence received for a violation of this section must be ordered to be served consecutively to any sentence received for the offense for which the defendant failed to appear.

Multiple Convictions. If a defendant is convicted of more than one (1) criminal offense, the court shall order sentences to run consecutively or concurrently as provided by the criteria in this section.

Under Tennessee law, first-time offenders will be able to receive probation on just about any non-violent or drug related offense, including both misdemeanors and felonies.

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More info

Misdemeanor sentencing Rehabilitative program credits Probation Supervision of defendants on probation. Crim. App. 1998) The judge can put the defendant back on probation for no more than 2 years, pursuant to Tenn.PURSUANT TO TENNESSEE CODE ANNOTATED 40-35-302. As to the trial court's ordering the Defendant to complete DUI school, Tennessee. New Tennessee law restores judicial discretion in criminal sentencing. Looking for a Nashville probation violation lawyer? T.C.A. § 40-35-212(a). Release 73 of the Official Code of Tennessee Annotated released 2020-09-30. Kentucky, Missouri, and Tennessee. § 40-29-105(a) and (b).

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