Hindman & Lanzon Hindman & Lanzon
Call for a Free Consultation
865-223-6450

Posts tagged "Probation"

Warrantless Search Ruled Unlawful

A warrantless search is presumed unreasonable. It may be reasonable and lawful though if one or more recognized exceptions apply. The prosecution has the burden of proving a recognized exception if the warrantless search is contested. One important exception is consent. People on probation often, as a condition of being on probation, sign a form consenting to the "any time" search of their residence. However, federal and Tennessee law still requires at least reasonable suspicion of criminal activity for one of these "any time" residential searches to occur.

Denial of Probation Reversed on Appeal

The decision of whether to grant probation in a criminal case in Tennessee where the defendant is eligible for it is discretionary with the trial court. In the recent case of State v. Sihapanya, W2012-00716-CCA-R3-CD (Tenn.Crim.App. 11-8-2013), the Court of Criminal Appeals in a split decision reversed the trial court's decision to deny probation to a defendant who pled guilty to leaving the scene of an accident involving a death.

Denial of Probation Reversed on Appeal

The decision of whether to grant probation in a criminal case in Tennessee where the defendant is eligible for it is discretionary with the trial court. In the recent case of State v. Sihapanya, W2012-00716-CCA-R3-CD (Tenn.Crim.App. 11-8-2013), the Court of Criminal Appeals in a split decision reversed the trial court's decision to deny probation to a defendant who pled guilty to leaving the scene of an accident involving a death.

Denial of Probation Reversed on Appeal

The decision of whether to grant probation in a criminal case in Tennessee where the defendant is eligible for it is discretionary with the trial court. In the recent case of State v. Sihapanya, W2012-00716-CCA-R3-CD (Tenn.Crim.App. 11-8-2013), the Court of Criminal Appeals in a split decision reversed the trial court's decision to deny probation to a defendant who pled guilty to leaving the scene of an accident involving a death.

Misunderstanding of Sex Offender Probation Doesn't Invalidate Plea

Sex offender probation requirements are generally more extensive and rigid than the typical probation requirements for other criminal convictions. Rules regarding where the probationer may live and work and what activities a probationer may engage in are generally more restrictive. A sex offender probationer's access to the Internet may be prohibited or restricted. Failing to properly register as a sex offender can be both a new criminal offense and a probation violation. In the recent case of Privette v. State, M2011-02640-CCA-R3-PC (Tenn.Crim.App. 12-11-2012), an individual who had pled guilty to incest sought to vacate his guilty plea on the basis that neither the trial court nor his attorney properly advised him regarding the specific probationary requirements he would be subjected to as a result of the conviction.

Misunderstanding of Sex Offender Probation Doesn't Invalidate Plea

Sex offender probation requirements are generally more extensive and rigid than the typical probation requirements for other criminal convictions. Rules regarding where the probationer may live and work and what activities a probationer may engage in are generally more restrictive. A sex offender probationer's access to the Internet may be prohibited or restricted. Failing to properly register as a sex offender can be both a new criminal offense and a probation violation. In the recent case of Privette v. State, M2011-02640-CCA-R3-PC (Tenn.Crim.App. 12-11-2012), an individual who had pled guilty to incest sought to vacate his guilty plea on the basis that neither the trial court nor his attorney properly advised him regarding the specific probationary requirements he would be subjected to as a result of the conviction.

Misunderstanding of Sex Offender Probation Doesn't Invalidate Plea

Sex offender probation requirements are generally more extensive and rigid than the typical probation requirements for other criminal convictions. Rules regarding where the probationer may live and work and what activities a probationer may engage in are generally more restrictive. A sex offender probationer's access to the Internet may be prohibited or restricted. Failing to properly register as a sex offender can be both a new criminal offense and a probation violation. In the recent case of Privette v. State, M2011-02640-CCA-R3-PC (Tenn.Crim.App. 12-11-2012), an individual who had pled guilty to incest sought to vacate his guilty plea on the basis that neither the trial court nor his attorney properly advised him regarding the specific probationary requirements he would be subjected to as a result of the conviction.

map map

Hindman & Lanzon
550 West Main Street
Suite 550
Knoxville, TN 37902

Toll Free: 866-383-1545
Phone: 865-223-6450
Fax: 865-521-6371
Knoxville Law Office Map

proof.glaze.luxury