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
- Aggravated Kidnapping
- Aggravated Robbery
- Aggravated Sexual Battery
- Statutory Rape By An Authority Figure
- Aggravated Child Abuse and Neglect
- Possession of Schedule I Drugs
- Sexual Exploitation of a Minor
- Aggravated Sexual Exploitation of a Minor
- Especially Aggravated Exploitation of a Minor.
Here’s the list. Before , you accept a plea bargain . Know the consequences of the plea.