Tennesse Legal Advise Please

[Kennytmcp]

Its a long story, but the cliff notes are as followes..

My wife, was charged with taking money for where she worked, before I knew her, don't care if she did it or not, that is NOT the question(s)

Early August or late july last year she was arrested on said charge, she was incarcerated and awaiting trial. While locked up her sister was killed in a auto accident involving a Drunk Driver... this was August 7, feeling the anguish to ge with her family who needed her she agreed to take a plea... {now is where the problem begins}

she was placed on probation for 3 years, which Is my first question. Is three years the maximum probation for a Felony Theft charge, {actually there were two counts}

as part of her probation she was ordered to pay restitution.

According to Tennessee Code 40-35-304 subsection c

The court shall specify at the time of the sentencing hearing the amount and time of payment or other restitution to the victim and may permit payment or performance in installments. The court may not establish a payment or performance schedule extending beyond the statutory maximum term of probation supervision that could have been imposed for the offense

So they have to take restitution amount and devide it over the 3 years right?
so restitution is 31000, and spread out over 3 years it is approx 860 per month... ok... wow.

Please note here she at the time was a single mother, working for about 14 per hour, after taxes she broougt home about 1400 per month.

1400
-650 Rent
=750
-350 car payment
=400
-250 home utilities {gas electric Phone ect..}
=150.... GOOD GRIEF, SHE IS ALREADY LIVING WEEK TO WEEK HOW THE HECK IS SHE SUPPOSED TO MAKE THEM A PAYMENT FOR 860 A MONTH...

Well according to Tennessee code 40-35-304 subsection d,

In determining the amount and method of payment or other restitution, the court shall consider the financial resources and future ability of the defendant to pay or perform.

It sure dont look to me like they did this...

She went to court of friday, and they put she and I on the stand and we appealed to them. every time she got a job these ass clowns would have her arrested and she would loose it. and I had congestive heart failure along with pulimary hyper tension and am now on disablilty. Her car has been reposed, and our home is facing forclosure, and all of our bills are behind. She just had gotten a new job and now has lost it because she is in jail.

We explained all of this to the court and they ordered her to jail. We asked for a smaller amount, we asked they garnishue her check, we only said we would never be able to pay 860 per month.. Hey they made me swear to tell the truth right...

anyhow, subsection F of the same code says it can be exteneded but NOT beyond the standard Maximum period of probation.


I ask you do I have a case to take to a higher court, or what should I do?
I have given this same info to her attourney but don't know if he will pursue it.

Thank you in advance...

kenny@okipages.com

[msgny]

have you had legal counsel at these hearings or have you appeared alone...has the public defender been involved...

[Kennytmcp]

We had legal council, and he as agreed to move forward with an appeal, based on my letter to him with this info.

He has request the court to appoint him as legal council for the appeal, and it looks promising.

[able1]

You might also consider a motion for reconsideration; that payment amount is simply too high. The judge may reconsider if he sees all income statements etc., and he knows an appeal will come otherwise.