Serving a Sentence of 6 Years or Less? You May Be Able to Come Home Early.
If you — or someone you love — is serving a Tennessee sentence of six years or less on a Davidson County case, the law allows a petition to the sentencing court asking for the remainder of that sentence to be suspended. If the judge grants it, the balance is served on probation instead of in custody. Often, that means going home years before the original release date.
I’m Nathan Cate. I file petitions to suspend the remaining sentence in Davidson County Criminal Court. Below is what the petition is, who qualifies, and what I need from you to evaluate a case.
Free case review. Call or text (615) 664-8083. Available 24/7.
What Is a Petition to Suspend Remaining Sentence?
It is a formal motion asking the sentencing judge to cut the remainder of the sentence short and move the person to probation. In Davidson County, this relief is available when:
- The original sentence is six years or less
- The person was sentenced in a Davidson County court
- The person has served enough of the sentence for the court to meaningfully evaluate rehabilitation and release readiness
The judge has full discretion. Petitions are granted or denied based on what the record shows — conduct in custody, programs completed, and the quality of the release plan. Preparation is everything.
Authority: Tenn. Code Ann. § 40-35-306(c).
What the Judge Is Looking For
Judges grant these petitions when they believe the person in front of them is no longer the same person who was sentenced. The record has to show change:
- Rehabilitation programs completed — substance abuse, mental health, anger management, education, vocational training
- Clean institutional conduct — disciplinaries hurt; trusty status and work details help
- A concrete release plan — specific address, specific job, specific support system
- Community support — letters from family, employer, pastor, counselor, sponsor
- Restitution status — paid in full or on a verifiable payment plan
- Genuine accountability — remorse expressed and demonstrated over time
I build the petition around all six. The goal is to make the yes easy for the judge.
Ready to See If You Qualify?
Check the eligibility criteria and start your free case review — it takes less than 5 minutes.
Frequently Asked Questions
How soon can the petition be filed?
As soon as there is enough of a record to support it. For some clients that is months after sentencing; for others, longer. I will give you a direct answer after reviewing the file.
Does the District Attorney have to agree?
No. The DA will be served and may respond or oppose. The decision rests with the judge.
What happens at the hearing?
I present the petition, the supporting letters, and the progress record. The judge may ask the defendant questions directly. If granted, the remaining sentence is suspended to supervised probation with conditions set by the court.
What if the petition is denied?
Denial is not permanent. Depending on the reason, we can refile later after more time served and more progress shown. I will tell you honestly whether refiling makes sense.
Does this work for violent offenses?
It is harder, not impossible. The judge weighs the nature of the original offense against everything that has happened since. The stronger the record of change, the better the odds.
Does this apply to federal sentences?
No. This is for Tennessee state sentences in Davidson County cases. Federal sentences are governed by separate rules.
How much does representation cost?
Flat fee. Typical cost is roughly $2,500, but the final quote depends on the severity of the original offense and the number of charges involved. I quote the exact fee after reviewing the file.
Why Cate Law
- 4.7 stars on Google — clients tell the story I want told
- I personally handle every case — no hand-off to a junior associate
- Davidson County Criminal Court is home — I know the judges, the district attorneys, the clerks, and how these petitions get heard
- Focused solely on criminal defense — this is what I do, every day
Free Case Review
If your loved one is serving a Davidson County sentence of six years or less, do not wait out the clock. A well-built petition can bring them home sooner.
📞 Call or text (615) 664-8083
222 2nd Ave N, Suite 220, Nashville, TN 37201
Available 24/7
Information on this page is general and does not constitute legal advice. Every case is different. Contact Cate Law for a case-specific consultation.
N. Cate Law 