Appealing a sentence or the denial of probation just got tougher under Tennessee law. In years past , the Court of Criminal Appeals and the Tennessee Supreme Court would review a sentence or the denial of probation based upon a standard of review referred to as de novo based with a presumption of correctness. In
Probation
Can You Terminate Your Probation Early in Tennessee ?
By Rob McKinney on
Posted in Punishment
I know it is shocking but there are some people that are guilty as charged. The criminal justice system cannot afford to put everybody in prison. So , the Tennessee Legislature created alternative sentencing that allows the judge to not send a person convicted of a crime to jail in certain circumstances. The most typical…
Probation’s Dirty Little Secret
By Rob McKinney on
Posted in Search and Seizure
Your charged with a crime like possession of drugs or aggravated assault. You are put on probation and you think your problems are gone. Wrong. A new trend in Tennessee as it relates to probation cases is to include a condition of probation that waives your Fourth Amendment right of an illegal search and seizure. Paragraph…