Nashville Criminal Defense Lawyer | Tennessee Judicial Diversion
Nashville Criminal Defense Lawyer & Former Prosecutor Kevin Kennedy. 615-205-7311. Call or text for a free consultation.
Judicial Diversion Can Allow an Eligible Defendant to Avoid a Judgment of Conviction
Tennessee judicial diversion is a sentencing procedure that can allow an eligible defendant to plead guilty or be found guilty without the court immediately entering a judgment of conviction. The court places the defendant on probation under the diversion statute and imposes appropriate conditions.
If the defendant successfully completes the diversion period and satisfies the court's requirements, the court can discharge the defendant and dismiss the proceedings. The defendant may then be eligible to seek expungement under Tennessee law.
Is Judicial Diversion the Same as Having the Charge Dismissed Up Front?
No. Judicial diversion generally occurs after a guilty plea or finding of guilt. The key difference is that the court defers entering a judgment of conviction while the defendant completes probation.
That makes judicial diversion very different from an outright dismissal based on insufficient evidence. A defendant considering diversion should understand the plea, probation conditions, consequences of a violation, and expungement process.
Who Is Eligible for Judicial Diversion?
Tennessee Code Annotated § 40-35-313 defines who qualifies as an eligible defendant and also excludes specified offenses and defendants. Eligibility can depend on prior convictions, prior diversion history, the charged offense, and other statutory requirements.
Not every misdemeanor or felony qualifies. Certain serious offenses and other statutorily excluded charges cannot receive judicial diversion. Eligibility should be checked against the current statute for the exact offense and criminal history.
Does Eligibility Mean the Judge Has to Grant Diversion?
No. Being statutorily eligible only means the defendant may be considered. Judicial diversion is discretionary.
The court can consider the defendant's amenability to correction, circumstances of the offense, criminal record, social history, physical and mental condition, deterrence, and whether diversion serves the interests of the public and the defendant. The record presented to the judge can therefore matter greatly.
What Happens While You Are on Judicial Diversion?
The defendant is placed under probationary supervision and must comply with the court's conditions. Those conditions can include reporting, treatment, testing, classes, restitution, no-contact provisions, community service, or other lawful requirements depending on the case.
Successful completion is essential. Diversion is an opportunity to avoid a conviction, but it comes with real obligations.
What Happens If You Violate Judicial Diversion?
A violation can place the deferred status at risk. The court can address the alleged probation violation and, if diversion is revoked, enter a judgment of conviction and impose the appropriate sentence.
Anyone facing a violation while on diversion should treat it as a serious matter because the primary benefit of diversion can be lost.
Can Judicial Diversion Be Expunged?
Successful judicial diversion is designed to create a path toward dismissal and, when the statutory requirements are satisfied, expungement. Expungement is not the same as pretending the case never existed while it was pending, and separate procedures may be required after discharge.
The exact record consequences should be reviewed for the specific offense and disposition.
Why Is Judicial Diversion Valuable?
For an eligible defendant, avoiding a judgment of conviction can be extremely important for employment, professional licensing, education, housing, firearm rights, immigration analysis, and other collateral consequences.
Those consequences vary widely, and some areas of law may treat a diversion disposition differently. A defendant with immigration, licensing, or other specialized concerns should obtain advice addressing those issues before entering a plea.
How Can a Lawyer Improve a Diversion Request?
A strong request can include evidence of employment, education, treatment, community involvement, family responsibilities, lack of prior record, restitution, counseling, character references, and other facts showing that the defendant is a good candidate for rehabilitation.
The legal argument should also address the statutory and appellate factors the judge is expected to consider.
Talk With a Nashville Criminal Defense Lawyer
Kevin Kennedy is a former Davidson County prosecutor who now represents people seeking favorable resolutions, including judicial diversion when legally available, in Nashville and throughout Middle Tennessee.
Call Kevin Kennedy Law Firm at (615) 205-7311 to discuss whether judicial diversion may be available in your case.
Related pages: Nashville Pretrial Diversion Lawyer and Nashville Expungement Lawyer.