Probation Violation is the single criminal charge that will most likely to result in incarceration and routinely the only charge for which a citizen will usually be held without bail. Probation violations are truly a local issue and especially dependent on the custom or practice of a particular county. Even within a county, probation violations are treated differently by judges of the various courts and that is the case in Wilson County, where the General Sessions Courts and the Criminal Courts treat violations differently.
Most probation violations in the General Sessions Court are issued with bail as an option. This means that someone with a probation violation in those courts will likely be able to post bail immediately and go home. This is in stark contrast to probation violations issued from the Criminal Court Judges in the 15th Judicial District including Wilson, Trousdale, Macon, Smith, and Jackson Counties. Almost exclusively, these probation violations are issued with a “no bail”connotation that often means those charged will not be able to post bail. These judges are generally covering 5 counties and are not usually easily available to address bail for days or weeks, which greatly complicates the situation.
Effective lawyering includes getting a judge to grant bail on a probation violation from the Criminal Court. It is always vital to be able to post bail as this allows time for the person charged to begin rectifying mistakes they have allegedly made while under supervised probation. Even if bail is posted and the accused is released, it is important to understand that the courts do not have to prove you guilty of a violation beyond a reasonable doubt. The prosecution can simply prove the violation “likely occurred” and a sentence of up to 10 years can be implemented.
Probation violations take the freedom of more Tennesseans than any other criminal allegations. If you are facing a violation, please contact us as quickly as possible so that no time is lost in preparing your defense to keep your freedom.
In defense of the citizen accused,