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Suthrndreamgirl · Jan 8, 2010, 07:08 PM

Is there a time frame the court must meet to give the defendant a probation revocation hearing in the state of TN? I have heard they must have the hearing within 45 days of the violation being filed.

excon · Jan 9, 2010, 06:56 AM

Originally Posted by Suthrndreamgirl

Is there a time frame the court must meet to give the defendant a probation revocation hearing in the state of TN?

Hello S:

There's NO law on the subject. They can take all the time they want.

excon

Fr_Chuck · Jan 9, 2010, 09:16 AM

I the person in jail waiting for the hearing,

Suthrndreamgirl · Jan 9, 2010, 10:31 AM

Originally Posted by Fr_Chuck

I the person in jail waiting for the hearing, ?

Yes, he is currently incarcerated. He was first placed in Juvenile Detention. He turned 18 & was then transferred to the county jail. He has been incarcerated since Oct. 12th. I have been told that the courts have 45 days from the date of incarceration to have his revocation hearing. I didn't know if the extended time frame may violate his right to due process.

excon · Jan 9, 2010, 10:57 AM

Originally Posted by Suthrndreamgirl

Yes, he is currently incarcerated. I didn't know if the extended time frame may violate his right to due process.

Hello again, S:

Your son, I presume, is serving a sentence having been convicted of a crime. His right's to due process are NOT the same as a free persons are.

That doesn't mean he has NO due process rights, and 3 months DOES seem excessive. IF they ARE violating his rights, you're going to need an attorney to file a motion.. If you just called and told them they're violating his rights, they'll laugh at you.

So, it boils down to a question of what YOU'RE going to DO about it. It's not really about what THEY'RE doing.

That is, of course, unless you can get the document saying that they must act within 45 days. Hearing about it ain't good enough.

excon

MsMewiththat · Jan 9, 2010, 11:16 AM

Here is the OP's other post in regards to this situation... https://www.askmehelpdesk.com/crimin...tn-433365.html

Suthrndreamgirl · Jan 9, 2010, 11:17 AM

Originally Posted by excon

Hello again, S:

Your son, I presume, is serving a sentence having been convicted of a crime. His right's to due process are NOT the same as a free persons are.

That doesn't mean he has NO due process rights, and 3 months DOES seem excessive. IF they ARE violating his rights, you're going to need an attorney to file a motion.. If you just called and told them they're violating his rights, they'll laugh at you.

So, it boils down to a question of what YOU'RE going to DO about it. It's not really about what THEY'RE doing.

That is, of course, unless you can get the document saying that they must act within 45 days. Hearing about it ain't good enough.

excon

Hi excon... I appreciate your response. He's not my son... but may as well be. I've taken him in & have been guiding him in staying on track since he was released on probation from a prior offense. Now here we go with round 2!
This whole ordeal has been a nightmare from the get-go. They've been jerking him around since day 1. When he went for his first court appearance, his old attorney (who isn't worth crap) stepped up (without this boys consent... (he was a juvenile at the time & I didn't have any legal guardianship/power of attorney... his legal guardian wasn't present) & waived his right to a preliminary hearing.? It was bound over to the Grand Jury... which did pass down a true bill. He went for his first scheduled revocation hearing & the court put it off a month. Went for the second hearing & they put it off again. Went this week & they said there was a conflict of interest with the public defenders office representing him, because they have represented the "victim" before... so they passed him off to another attorney. It took them THIS long to figure out there was a conflict?? Hmmm. After speaking with her, she said they were going to reinstate his bond, yet the court never sent the paperwork to the jail. Now the court said they don't have any record of the bond being reinstated. The attorney said they will have to file another motion with the court fot that. Trust & believe I'm going to stay on top of this & do everything in my power to make sure he doesn't get screwed over. That's why I'm doing as much research as I can... & reaching out for any help & advice I can get. It makes me sick at how many people get lost in the system because they don't have people to help fight for them. Doing my best & appreciate all the help I can get.

excon · Jan 9, 2010, 11:28 AM

Hello again:

Given that he's being charged with other offenses, it's appropriate to put off the revocation until there's a conviction or not. If there's none, he won't have violated probation either. If there is, he ALSO violated his probation...

Because he's being held in jail on other charges, there's NO violation of his due process rights in terms of his probation..

excon

PS> I read your other post... Even IF you have evidence that he's innocent, you need someone COMPETENT to present it, because it's clearly NOT being believed right now. HAVING it ain't enough. For that, you/he needs a very good criminal attorney.