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    emmanueldmax's Avatar
    emmanueldmax Posts: 1, Reputation: 0
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    #1

    Feb 20, 2009, 01:05 PM
    violation of misdemeanor probation in tn
    What is the statue of limitations for violation of misdemeanor probation in Tennessee?
    Stephenbk2006's Avatar
    Stephenbk2006 Posts: 15, Reputation: -2
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    #2

    Feb 20, 2009, 02:22 PM
    Like in some states 3 - 7 years
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Feb 20, 2009, 02:43 PM
    Quote Originally Posted by Stephenbk2006 View Post
    Like in some states 3 - 7 years

    Please post your source. The question is specific to TN and I see that the violation turns into a warrant if it is not addressed.
    Stephenbk2006's Avatar
    Stephenbk2006 Posts: 15, Reputation: -2
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    #4

    Feb 20, 2009, 02:58 PM

    I'm sorry JudyKayTee for misquoting myself, but the answer is 2 - 10 years depending upon which state the misdemeanor was in, go to Wikianswers.com if you really want to know.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #5

    Feb 20, 2009, 03:05 PM

    As Judy pointed out above, the VOP turns into a warrant which never expires. There is a huge difference once you have been convicted and put on probation.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #6

    Feb 20, 2009, 03:52 PM

    Upon your recommendation, Steven, I ran this past WikiAnswers.

    WikiAnswers - What are the consequences of a violation of probation

    Where are you getting this blanket statement about 2-10 years from?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #7

    Feb 20, 2009, 05:44 PM

    Ok, we are not talking about the original misdemeanor but the violation of probation.

    If you are not caught on the violation, they have till the probation ends.

    Once they are aware of it, and if they put a warrant out for you, it never runs out.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Feb 21, 2009, 08:06 AM
    Quote Originally Posted by Stephenbk2006 View Post
    I'm sorry JudyKayTee for misquoting myself, but the answer is 2 - 10 years depending upon which state the misdemeanor was in, go to Wikianswers.com if you really want to know.

    Quoting "Wiki" is like quoting Judge Judy or the Oprah Show.

    This is a legal board. We pride ourselves on the "correctness" of the information we post, using legal sources.

    For all I know YOU posted the answer on "Wiki" and are quoting it here.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #9

    Feb 21, 2009, 08:36 AM

    Actually Judy, the WikiAnswers backed up everyone's statement but the person who provided the reference :)
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #10

    Feb 21, 2009, 09:33 AM
    Quote Originally Posted by this8384 View Post
    Actually Judy, the WikiAnswers backed up everyone's statement but the person who provided the reference :)

    And didn't he say he was quoting himself? This is better than I thought!
    kimberly_1238's Avatar
    kimberly_1238 Posts: 4, Reputation: 1
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    #11

    Jul 7, 2011, 04:38 PM
    I had a class and the professor is a judge in TN and he said whatever the sentence is (ex. Class A misdemeanor is 11-29) they have that long from the time of the violation to serve a warrant.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #12

    Jul 8, 2011, 03:54 AM
    Quote Originally Posted by kimberly_1238 View Post
    I had a class and the professor is a judge in TN and he said whatever the sentence is (ex. class A misdemeanor is 11-29) they have that long from the time of the violation to serve a warrant.
    A) This thread is over 2 years old. The question was asked & answered at that time.
    B) As was previously addressed, if the probation is violated & a warrant is issued, the warrant does not expire until it is served. Your post makes it sound as if the warrant can only be served during the probation period, which is not true.

    EDIT: Now you've really got me confused. You state here that you "had a class" which was taught by a professor/judge, yet here:
    https://www.askmehelpdesk.com/crimin...tn-586196.html
    You state that your boyfriend was found guilty of the same offense & are looking for an answer. So which is it: your professor/judge gave you the answer, or you don't actually know the answer? I'm betting on the latter, as it seems from your other thread that you think everyone is entitled to a public defender which, as Fr_Chuck pointed out, is not true.
    kimberly_1238's Avatar
    kimberly_1238 Posts: 4, Reputation: 1
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    #13

    Jul 8, 2011, 05:33 PM
    Comment on this8384's post
    You are not understanding correctly, I was simply stating what I knew about the statute of limitations. Not my question, I was simply wanting feedback as what to expect? And the offense I asked about was 2nd offense.

    And you ARE entitlted to one if you have revocation of probation jail time will be issued.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #14

    Jul 9, 2011, 02:45 PM

    Quote Originally Posted by kimberly_1238
    You are not understanding correctly, I was simply stating what I knew about the statute of limitations. Not my question, I was simply wanting feedback as what to expect? And the offense I asked about was 2nd offense.

    And you ARE entitlted to one if you have revocation of probation jail time will be issued.
    What you "know" about statute of limitations is faulty information. There is no such thing as a SOL when it comes to a warrant; the warrant "expires" when it is served.

    Additionally, P.D.s are available to people who cannot afford legal representation - violating your probation does not entitle you to free legal defense.

    This is a law board & our answers here must be accurate according to the law - not guesses or assumptions. Please take more care when posting on this forum.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #15

    Jul 9, 2011, 02:51 PM

    I got a reddie for telling OP the truth - so brace yourself!

    Once again I wonder WHY people post questions when they are convinced they know the answers.
    playdigdug101's Avatar
    playdigdug101 Posts: 1, Reputation: 1
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    #16

    Feb 13, 2012, 08:17 PM
    The consequences of Violation of Probation no matter what number of violation, which I think you can vop three times max, is determined by the judge solely but the judges decision is based on the severity of the violation and the sentence is also influenced by the probation officer, the prosecutor, and the district attorney. A judge can reinstate the probation with extra probation time plus extra fines, the judge can on the other extreme side sentence the individual who violated to serve their entire jail time for the reason they were on probation for. Im no lawyer and sentencing is different for most counties, states, and judges. Hope this is helpful for someone. Hope for the best and expect the worse that way your hopes don't get smashed. No links or references just have some first hand knowledge. I live in tenneessee by the way if that helps.
    WorriedMomAgain's Avatar
    WorriedMomAgain Posts: 1, Reputation: 1
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    #17

    Oct 6, 2012, 12:14 PM
    Reading all the questions and posts and comments is really confusing and it appears some get ticked off by the answers.

    The situation and my questions:

    He was on probation in Nashville,TN for simple possession and paraphernalia (is that misdemeanor?) when he was stopped for driving on suspended license. (is that 1st violation?) Served a few days, dad bailed him out, released but still on probation. Moved to live with me still in TN when he was caught and charged with burglary, vandalism, and theft (felony charges), but after serving 60 days because court was rescheduled, moved from civil to criminal and back to civil (and I would not bail him out) he finally went to criminal court. Agreement to reduce charges to misdemeanors, was given 2 yrs. Probation + restitution and would be released if Nashville had no holds. Nashville would not release him (I guess because burglary, etc. violated his parole.) Transferred back to jail in Nashville. What can I expect to happen. Is this second violation? But isn't driving offense pretty minor compared to his other charges? Based on how things usually go, what will his sentence be? Will time already served (60 days) apply or will he have to serve entire sentence which I guess for simple possession is 11/29? Worried sick mom just trying to prepare myself.

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