Petition to Suspend Remaining Sentence — Davidson County

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:

  1. Rehabilitation programs completed — substance abuse, mental health, anger management, education, vocational training
  2. Clean institutional conduct — disciplinaries hurt; trusty status and work details help
  3. A concrete release plan — specific address, specific job, specific support system
  4. Community support — letters from family, employer, pastor, counselor, sponsor
  5. Restitution status — paid in full or on a verifiable payment plan
  6. 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.

Check Readiness in 3 Minutes

Before you call, work through the free readiness checker. It walks through the same factors I evaluate in a consult — time served, institutional conduct, programs, release plan, support letters — and gives you an honest read on whether the petition is ready to file, or what to build first.

No sign-up. No email required. If you want to submit a full intake at the end, you can — it comes straight to me.

→ Launch the Readiness Checker

Opens in a new window. About 3 minutes. Your answers never leave your device unless you submit an intake.

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.

Other Practice Areas

Anatomy of a Successful Petition

Tennessee judges have wide discretion under Tenn. Code Ann. § 40-35-306(c) to grant or deny a petition to suspend. The same set of facts that produces a “yes” in front of one judge can produce a “no” in front of another. The factor that consistently swings outcomes is the quality of the petition package itself.

A strong petition is not a generic form. It is a structured argument with attached proof, organized around the rehabilitation factors the sentencing judge cares about. The package I file typically includes:

  • Institutional record. Disciplinary write-ups (or the absence of them), program completion certificates, work assignments, custody-level history. Pulled directly from TDOC.
  • Programs completed. GED or post-secondary coursework, substance-abuse programming, faith-based programming, vocational training. Originals or certified copies.
  • Release plan. A specific address with a verified host, an employment lead or a verified job offer, a transportation plan, and a treatment continuity plan if applicable.
  • Community letters. Three to seven letters from family, employers, faith leaders, or sponsors who can speak to your character and the support waiting outside.
  • Restitution status. Documentation that any restitution has been paid or is on a payment schedule.
  • Statement of accountability. A short, plain-language statement from the defendant taking responsibility and articulating what’s changed. Not a legal argument — a personal one.

Filed cold without that package, the same petition has a much smaller chance of success. The work that goes in before the petition is filed is more important than the hearing itself.

What the Petition Timeline Looks Like

From engagement to ruling, a petition to suspend in Davidson County typically runs 60 to 120 days. The general path:

  1. Week 1–3: Investigation. I pull the institutional file from TDOC, review the original judgment and presentence report, and interview the defendant and family. We identify the strongest factors and the weak points to address.
  2. Week 3–6: Building the package. Programs, support letters, release plan documentation, employment leads. Most of the family’s work happens here.
  3. Week 6–7: Drafting and filing. The petition itself, citing the statute, summarizing the rehabilitation evidence, and attaching all exhibits.
  4. Week 7–9: DA response. The District Attorney’s office reviews and decides whether to oppose, agree, or take a neutral position. Sometimes there is a victim notification step.
  5. Week 9–14: Hearing. The judge hears the petition. The defendant may participate by video or be transported. The judge can rule from the bench or take the matter under advisement.
  6. After the ruling. If granted, an order is entered transitioning the defendant from custody to probation. Release typically happens within days. If denied, the petition can sometimes be refiled later with new evidence.

Why Petitions Are Denied

The most common reasons a Tennessee petition to suspend is denied:

  • Recent disciplinary issues. Even one serious write-up in the months before the petition is enough to derail it.
  • Weak release plan. Vague address, no employment lead, no transportation, no treatment continuity. Judges read this as “not ready.”
  • DA opposition with the victim’s voice. If the victim shows up to oppose, the judge has to weigh that heavily. Strategy matters here.
  • Insufficient time served. No bright-line rule, but most judges want to see meaningful time before considering a petition — rule of thumb is at least 25–33% of the original sentence.
  • Filed cold. No package, no exhibits, no preparation. These petitions get denied without much consideration.

Most of these are addressable with preparation. The first three are the hardest because they require facts on the ground that the lawyer can’t manufacture. The last two are the lawyer’s job.

After the Hearing — What Happens Next

If the petition is granted, the defendant transitions from TDOC custody to state probation. The conditions are typically the same as the original probation order would have been: regular reporting, drug screens, employment requirement, no new offenses. This is the same probation that can be revoked — and revocation after a successful petition is harder to come back from. If you secured a petition to suspend, treat probation like the gift it is.

If you receive a violation warrant after a successful petition, that is a serious situation requiring the same level of preparation as the original petition. Read about probation violation defense in Tennessee.

If the petition is denied, options may include refiling later with new evidence, requesting reconsideration if there was a procedural issue, or pursuing alternative post-conviction remedies. Each of those decisions depends on facts specific to the case.

Related: If a suspended sentence is not available, Tennessee Post-Conviction Relief or a direct criminal appeal may provide alternative paths to challenge a conviction or sentence. For CDL holders, see CDL DUI in Tennessee. For expert witness services, see Court-Qualified Criminal Defense Expert Witness.

For the complete guide to defending a Tennessee criminal case in Davidson County and the surrounding counties, see our Nashville Criminal Defense Attorney overview — the full procedural map from arrest through trial, with every practice area linked.