Brittany Smith, who has been in Jackson County Jail since Nov. 2, will learn her fate during a hearing on Nov. 16, according to court records. Scottsboro attorney James Mick will represent Smith during the hearing.

Smith turned herself in at the county jail after allegedly violating terms of her house arrest for the second time since August.

Smith, whose case drew national attention after she was charged with murder in the 2018 death of Joshua Todd Smith, and has maintained she was raped and acted in self-defense, was sentenced to 20 years, split to serve three years in October 2020. As part of the plea agreement, Smith served 18 months in county jail before being released to house arrest for another 18 months.

As part of the house arrest, Smith isn’t allowed to leave her home unless given permission by the court or community corrections. Smith is  allowed to do court referral, mental health and anger management.

According to court records, Smith notified her probation officer on Oct. 27 that she wished to hand out candy at her children’s Trunk-or-Treat event in Stevenson. She was denied the request but told she could see her children before the event.

On Oct. 30, Smith sent the probation officer a text message saying that she sat in a car during the event and took videos of herself to show she didn’t leave the vehicle.

The probation officer has recommended that Smith receive a 45-day jail sentence due to the violation.

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