Legal Question in Criminal Law in Tennessee

If I'm on bond awaiting court for a felony, and I catch a misdemeanor citation that I have to turn myself in on, can I get probation on the misdemeanor?


Asked on 6/22/16, 12:58 pm

1 Answer from Attorneys

The fact that you were on bond for a charge and then are arrested for committing a misdemeanor while free on bond does not require that the misdemeanor sentence be served in confinement. In fact, being arrested for a new felony does not require that the new felony sentence be served in jail (as opposed to probation) but if both offenses are felonies, the sentences are consecutive whether expressly ordered by the judge or not.

In other words, assume:

1 - Commit a felony, get arrested, post bond.

2 - While out on bond, commit another felony.

3 - Be convicted of both felonies (in any order).

THEN

the sentences for the two felonies MUST be consecutive.

But they do not necessarily have to be "to serve in jail."

They could be "consecutive, to serve on probation."

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Answered on 6/22/16, 1:09 pm


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