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Court of Criminal Appeals Overturns Probation Revocation

By Baker Associates

In a case styled State v. Williams, the Tennessee Court of Criminal Appeals recently overturned a trial judge?s decision to revoke a defendant?s probation by holding that it was based on the wrong standard of proof. The defendant had previously pleaded guilty to being an accessory after the fact and was sentenced to one year in the county workhouse. Rather than being forced to serve the time, the defendant?s sentence was suspended and the defendant was placed on supervised probation. Soon thereafter, the defendant was arrested and charged with being a felon in possession of a handgun and several felony drug offenses. As a result, a probation violation warrant was issued and a trial judge revoked defendant?s probation based on the finding that there was probable cause that the defendant had committed the offenses with which he had been charged...continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on January 01, 2010 (boomark / email).