If your loved one is serving a sentence of six years or less in Tennessee on a Davidson County case, you may have heard about a Petition to Suspend Remaining Sentence — the Tennessee law (Tenn. Code Ann. § 40-35-306(c)) that lets the sentencing judge bring someone home from custody back to probation. The first question almost every family asks me is the same: how long is this going to take?
Here’s an honest answer based on petitions I’ve filed in Davidson County Criminal Court.
The short version
From the day a family first calls me, a petition to suspend in Davidson County typically takes 60 to 120 days to a ruling. The fastest cases run about 6–8 weeks; the slower ones can stretch to 4 months. That timeline depends on three things: how quickly we can build the package, how busy the court’s docket is, and whether the District Attorney’s office contests the petition.
If you are calling me about someone in custody, the honest math is this: most of the time savings is on our side, not the court’s. The faster the petition package is assembled, the faster it gets filed, the faster a hearing is set.
Phase 1: Investigation (Week 1–3)
The first thing I do after taking a case is pull the institutional record from the Tennessee Department of Correction (TDOC). I want to see the disciplinary history, programs completed, custody-level moves, work assignments — anything that shows me the version of the defendant the judge will be looking at on paper.
I also re-read the original judgment and the presentence report. The petition is going back in front of the same court that imposed the sentence, and the judge will remember (or will look up) the original facts. I need to understand the starting point.
This phase usually takes 1–3 weeks depending on how fast TDOC turns around the records request and how quickly the family can gather supporting documentation.
Phase 2: Building the package (Week 3–6)
This is where the family does most of the work, and where the time savings live.
A strong petition includes program completion certificates, a written release plan with a verified host address and a job lead, support letters from family and community, and proof of restitution status. Each of those takes time to gather. If the family pulls things together quickly, the petition is ready to file in 3 weeks. If not, this phase can stretch to 8 weeks.
If the inmate is working a job inside, finishing a program, or about to move down a custody level, sometimes the right move is to wait for that milestone before filing. The petition is stronger with completed programs than with in-progress ones.
Phase 3: Filing and DA response (Week 6–9)
The petition itself is filed with the Davidson County Criminal Court Clerk. The District Attorney’s office is served and has time to respond. The DA can:
- Agree. Rare, but it happens — usually on cases with strong rehabilitation evidence and minor original offenses.
- Take no position. Common. The DA leaves it to the judge.
- Oppose. The DA files a response laying out reasons the petition should be denied. Often the victim is notified and given the chance to weigh in.
How the DA responds significantly affects how the hearing goes. A DA opposition with a victim ready to speak is a different hearing than an agreed petition.
Phase 4: The hearing (Week 9–14)
The court sets the petition for hearing on the regular criminal docket. In Davidson County, hearings can be set anywhere from 2 weeks to 2 months out depending on the judge’s calendar and the complexity of the case.
At the hearing, the defendant is brought in (often by video) or transported. Witnesses can be called. The judge hears from the State, hears from the defense, and reads the package. Most petitions are decided within an hour or two of bench time.
The judge has three options:
- Grant the petition. Defendant is transitioned to probation; release usually happens within days.
- Deny the petition. Defendant stays in custody serving the original sentence.
- Take it under advisement. Judge wants more time to think; ruling comes later, sometimes weeks.
Phase 5: After the ruling
If the petition is granted, an order is entered, and TDOC processes the release. From the order entry to actually walking out, the typical wait is 3–10 days depending on facility logistics, transportation, and any holds from other counties.
If denied, options include refiling later with new evidence, reconsideration in narrow circumstances, or pursuing other post-conviction remedies. None of those are quick paths back, which is why getting the first petition right matters.
What slows a petition down
- Delay getting TDOC records (sometimes 3+ weeks just for the institutional file)
- Family unable to coordinate support letters or a release plan
- DA opposition with multiple victim witnesses
- A judge with a long docket, especially around major holidays
- Procedural objections requiring an extra hearing
What speeds it up
- A family that is organized from day one — letters drafted, host home identified, employment lead in hand
- A defendant who has been actively building the record inside (programs, no write-ups, completed coursework)
- Restitution paid in full or on a clearly documented payment plan
- A Davidson County address ready to receive the defendant on probation
Free case review
I’ve handled petitions to suspend in Davidson County in cases ranging from drug felonies to violent offenses. Every case is different — eligibility, judge, victim, charges all matter. If you want me to evaluate whether a petition is realistic in your loved one’s case, call or text me directly.
(615) 664-8083 — I answer the phone.