I have a trial set for Monday. While  I was working on the case today, I got the call with a plea bargain offer. The call made me hit the books just to verify my client is good to go for probation. Last year , The Tennessee Supreme Court found a lawyer was ineffective for telling his client  that he was eligible for probation when he was not. So , I reread Tennessee Code Annotated 40-35-303 to just make sure and I was right. However , I thought the information in the statute was worth repeating.

Tennessee Code Annotated 40-35-303 provides in part….. A defendant shall be eligible for probation under this chapter if the sentence imposed is Ten years or less. However , no defendant shall be eligible for probation if convicted of the following offenses:

                                List of Crimes Not Eligible For Probation Under Tennessee Law

  1. Aggravated Kidnapping
  2. Aggravated Robbery
  3. Aggravated Sexual Battery
  4. Statutory Rape By An Authority Figure
  5. Aggravated Child Abuse and Neglect
  6. Possession of Schedule I Drugs
  7. Sexual Exploitation of a Minor
  8. Aggravated Sexual Exploitation of a Minor
  9. Especially Aggravated Exploitation of a Minor.

Here’s the list. Before , you accept a plea bargain . Know the consequences of the plea.