1. Yes there is a great need for a preliminary hearing.
2. A preliminary hearing establishes probable cause to send the case to the grand jury, but it is a great way for an attorney to discovr what the case is about.
3. A judge cannot sentence anyone after a preliminary hearing.
I provided a link that discusses what is a preliminary hearing under Tennessee law.
No. You do not automatically lose your right to a court appointed lawyer. However , some trial judges review the amount of bond you posted and who paid it. The court will still make a finding if you are indigent and should have counsel appointed.
The good folks who answered your question have no clue what your talking about. Mr.Bayer was fired from the TBI recently. All of his results are being retested . The TBI has a list of all of his tests and each county is getting a list from the TBI. Here is a link to a blog post that I wrote on the topic. http://www.nashvillecriminallawreport.com/2013/11/articles/dui/3200-tennessee-dui-cases-in-jeopardy/
In Tennessee , most state probation orders require you to get permission from your probation officer before you move out of state. If you move without permisson , a probation warrant could be taken out againist you . You could be arrested and brought back to Tennessee to face a probation violation.
Once a person goes on probation in Tennessee , one is required to sign a probation order . A probation order sets out what is expected of you on probation. A normal requirement is to be subject to random drug screens . So the answer to your question is it lawful for a state probation officer to ask you to submit to a drug test is probally yes. However , you do have a right to have a speedy trial on the probation violation hearing. It does seem odd that you have not been given a court date yet.
Yes , you will need to get a lawyer in Nashville. You Should call your probation officer. Whether you can avoid jail is a different matter. Why you were violated , the judge, and other factors make a difference. You should contact a lawyer as soon as possible to arrange a bail bond and to turn yourself in to law enforcement.
After you complete your pretrial diversion , you will be able to expunge your public records. It is my understanding your records will never be erased from law inforcement databases. The reason is once your in you stay in for information such as fingerprints and the like.Also, they keep tabs on how many times you have been given diversion in the past
A DWI charge only applies to someone under 21 that is charged with driving under the influence. A DUI is driving under the influence which applies to those over 21. A DWI is not related to drugs but the age of the accused. There is no lessor included charge to DUI. However , DWI is a lessor included of a DWI if the defendant is under 21.
Under Tennessee criminal law , the degree of the theft is set by the dollar amount of the items stolen. In your case , the person's exposure to jail is 2-4 years as a range I offender. If the person resposible for this has no criminial record , it is likely they might be eligible for alternative sentencing. It might be better for them to be placed on probation. Usually as a condition of probation . one has to make restitution to reimburse you for your loss.