Issues in Probation Violation Hearings
In Tennessee Criminal courtrooms, probation violation hearings are sometimes difficult to win. However, I ran across some good case law to help win these cases.
Often, a probation violation warrant is taken out due to a new criminal charge. In State of Tennessee v. James Butler, the Court of Criminal Appeals of Tennessee held that a trial court may not rely on the mere fact of an arrest or indictment to revoke a defendant's probation. The state must produce some evidence in the usual form of testimony in order to establish the probationer's commission of another offense while on probation. Therefore, the state must put on proof rather than just relying on the testimony of the probation officer.
So, be mindful that the state must prove the new offense by a preponderance of the evidence. I hope you find this case useful.
This information has helped to ease my mind alot. I am on probation and have been for five years and I only have six months left on probation and someone has wrote a statement on me saying that I helped him steal something. I told the cops I knew that he took it but that I did not want to get involved. So they are trying to charge me with acessory. I wrote my statement and the man who recieved the stolen item even tod the law I was not with the guy who brought the item to him to sell. So it is my word against his. So wish me luck.... I am innocent... I guess I should have called the law as soon as I seen what he had done but I did'nt... You know people turn their heads everyday even when a woman is being raped....