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  1. #1

    Default Does Court Still Have Jurisdiction After Expiration of Probation?

    My question involves criminal law for the state of: Tennesse

    If I got a 3 year sentence @ 30%, suspended upon probation and restitution on Oct, 3, 2002, when does my probation expire?

    If it expired (Oct. 3, 2005)....would the court have the jurisdiction in November 2005 to violate me due to still oweing restitution and be able to extend my probation another 2 years.

    I am thinking they waited until my probation was expired before they actually violated me. Can they do this?

  2. #2
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    Default Re: Does Court Still Have Jurisdiction After Expiration of Probation?

    It is not uncommon for the probation department to review your case shortly before discharge, then recommend a violation based upon your non-compliance. The hearing on such an end-of-probation violation may well occur after what would otherwise have been the discharge date.

  3. #3
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    Default Re: Does Court Still Have Jurisdiction After Expiration of Probation?

    HHMmmmm. They did not lock you up as long as you followed the rules of probation and paid restitution. Now you have a problem with them requiring you to follow the rules you agreed to.

    I suggest the operative word is AND.


    suspended upon probation and restitution
    that would mean you are not clear until both conditions are met. If you have failed to meet your obligation, you are subject to the violation as you are now experiencing. Your probation could be extended indefinately OR you could be found in violation and you could be subject to reinstatement of the original penalty.

    I am thinking they waited until my probation was expired before they actually violated me.
    First, I woudl suggest you were required to pay your restitution by the expiration of your probation period. If so, you were not in violation until you failed to pay the restitution by the time the prob was originally scheduled to expire. So, yes, they did wait until the probation period expired to violate you because you were not in violation until the probation period expired and you had not paid the required restitution.

  4. #4

    Default Re: Does Court Still Have Jurisdiction After Expiration of Probation?

    Thank you for the info.

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