I know someone that is charged with VOP for the 2nd time in TN. The new charge he has for vop is a statutory rape charge. He has not been found guilty on the charge for it yet. He goes to court and is suppose to have a lawyer on april 30 for the vop charge. His court date for the rape charge is May 21. Does anyone have an idea of what will happen in court.how much jail time he is facing?
On April 30 If the defendant is out of custody he will likely be required to have an attorney hired. If one has not been hired it is likely that the court will continue the case to allow the defendant time to hire a lawyer. This process will likely repeat until a.) an attorney is hired b.) the Judge decides to take the defendant into custody and appoint a public defender. If the defendant is already in custody they will probably be appointed a public defender.
As for sentencing Statutory Rape is an E Felony which has sentences typically ranging from 1-6 years. The maximum sentence on the VOP will be the amount of time suspended on the original sentence for the conviction that put the defendant on probation. These sentences can and likely will be consecutive.
Please be advised that this answer is for general purpose only and does not create an attorney client relationship.
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