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Questions Answered by John P. Cauley - Justia Legal Answers

• 22 December 2010Q: If im on 2yr parole and i got violated reason didnt report to probation officer how much time will i have to do
  A: This answer assumes that this is the first time that your probation has been revoked --- If that is true then will be granted a DETERMINATE RELEASE. DETERMINATE RELEASE = A release to probation granted by statute T.C.A. 40-35-50 that applies to all felons sentenced to two (2) years and under. The determination of eligibility for such probation is based solely upon the length of sentence as imposed by the sentencing court. The judge has sentenced you to serve two (2) years or less to the Tennessee Department of Corrections (TDOC) with a percent range. When you meet that range or Release Eligibility Date (RED) TDOC certifies the offenders eligible to go out on Determinate Release Probation. At this time the Board of Probation and Parole sets release dates and sends out notification. Approximately 15 working days later the offenders are released to probation. I hope that helps.
• 14 December 2010Q: If a case status says criminal court bindover, is there a statue of limitations for them to prosecute?
  A: That is a difficult question to answer. When a criminal court refers to a case as bind over it tells me that the defendant was arrested and formally put on notice of the charge. From that point a delay in presenting the case to the grand jury and any resulting delay in a trial are due process/speedy trial issues -- not statute of limitations issues. To have a charge dismissed on due process grounds is extremely rare. The test requires that the defendant prove (1) that the delay caused substantial prejudice to the defendant's right to a fair trial, and (2) that the delay was an intentional device to gain a tactical advantage over the accused. No small task. But -- to answer the question, no statute of limitation but the government can't wait forever without having to explain the delay.
• 13 December 2010Q: A person in tennessee cited for patronizing a prostitute would they be arrested or just fined.
  A: Generally -- there is an arrest and a bond set. The resolution of the case will depend upon the person's history. Normally, if found guilty or if the person pleads guilty, there can be some minimal jail time (24-48 hours) and a fine of some sort. It varies from case to case and upon the jurisdiction.