Probation
For most criminal defendants in Tennessee, probation is a welcome alternative to spending time in the county jail or state prison. Although probation is often accompanied by several onerous consequences, such as restricted travel, random drug screens, prohibition from consuming alcohol, anger management or other behavior-related classes, etc., agreeing to serve a probationary sentence is often the only way a defendant can avoid trial and still escape the risk of spending time behind bars. Not every offender is eligible for probation, however, and it is important to know when probation can or cannot be considered as part of a defendant’s sentence.
Tennessee law provides that a person is eligible for probation if their total sentence is ten years or less. The law also provides that a person who is convicted of or pleads guilty to a class C felony or a less serious charge is presumed to be a favorable candidate for alternative sentencing. It should be noted, however, that this is merely a presumption and can be overcome if the evidence so dictates, which can be a good or bad thing for defendants. The fact that the presumption exists is a good thing for defendants that qualify, because it means that they will probably be granted probation instead of having to spend time in jail unless some circumstance of the case dictates otherwise (e.g., lengthy criminal history, the offense was especially heinous, the victim was particularly vulnerable). The presumption works against defendants who do not qualify, however, because it means that they are not presumed to be favorable candidates for probation and thus will have to show the court why a probationary sentence is deserved.
What this all essentially means is that regardless of the type of charge a defendant is facing or what the punishment for that charge is, defendants will need skilled criminal defense counsel who can persuade the court to grant them probation or otherwise sentence them at the minimum of the applicable sentencing range. Contact a Knox County criminal defense attorney today to explore your sentencing options and obtain assistance with your case.
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