My question involves criminal law for the state of: Tennessee
My probation was revoked for non payment of restitution and I was in jail for 6 weeks before the judge finally (after 3 court appearances) released me on bond pending appeal.
My appeal came back reversed and remanded back to the circuit court for them to set a payment I could live with according to my ability to pay.
The judge revoked me again but left me out on same bond pending another appeal.
One of my questions is can the judge disregard the ruling of the appeal that said they erred in revoking my probation and they should set me a payment according to my ability to pay.
"Therefore, under the principles announced in Dye, we conclude that the trial court should not have ordered the revocation of Appellant’s probation without making a realistic assessment of Appellant’s ability to pay given her
circumstances on remand. Therefore, the trial court’s revocation of Appellant’s probation is reversed.
The record shows that Appellant is unable to pay $500 a month, much less the $1,500 a month later required. We remand this case for the trial court to make appropriate findings with regard to Appellant’s ability to pay restitution and set an amount that Appellant reasonably can afford to pay. All parties may refer to Tennessee Code Annotated section 40-35-304(f) which sets
forth the procedure to be followed when modifying a defendant’s restitution."