Nashville Criminal Defense Lawyer | Tennessee Pretrial Diversion
Nashville Criminal Defense Lawyer & Former Prosecutor Kevin Kennedy. 615-205-7311. Call or text for a free consultation.
Pretrial Diversion Can Resolve an Eligible Case Without a Conviction
Tennessee pretrial diversion is a statutory procedure that can allow an eligible defendant to enter into an agreement with the prosecution before trial. Instead of immediately proceeding to a conviction, prosecution is suspended while the defendant complies with agreed conditions.
If the defendant successfully completes the diversion period, the charge can be dismissed according to the governing diversion process.
How Is Pretrial Diversion Different From Judicial Diversion?
Pretrial diversion and judicial diversion are not the same procedure. Pretrial diversion is based on an agreement involving the prosecution before a conviction is entered. Judicial diversion generally follows a guilty plea or finding of guilt, with the judge deferring entry of the judgment while the defendant serves probation.
Which option is available depends on the charge, eligibility rules, prosecutorial decision-making, and the facts of the case.
Who Can Receive Pretrial Diversion?
Tennessee's pretrial-diversion statute contains eligibility restrictions. The exact offense, prior record, prior diversion history, and other statutory factors can affect whether the procedure is available.
Some offenses are excluded. A defendant should not assume that having no criminal record automatically guarantees eligibility or acceptance.
Does the District Attorney Have to Agree?
Pretrial diversion is fundamentally different from judicial diversion because the prosecutor plays the central role in deciding whether to enter the diversion agreement. A defendant cannot force the State to offer pretrial diversion simply because the defendant believes he or she is a good candidate.
A well-supported request can still matter. Counsel can present mitigation and explain why diversion serves rehabilitation, public safety, and the interests of justice.
What Conditions Can Be Required?
Conditions depend on the agreement and case. They can involve supervision, treatment, counseling, restitution, community service, drug or alcohol testing, classes, no new arrests, no-contact requirements, or other appropriate obligations.
The defendant should understand every condition before accepting the agreement because failure to comply can jeopardize the diversion.
What Happens If You Successfully Complete Pretrial Diversion?
Successful completion can lead to dismissal of the diverted charge. Depending on the disposition and statutory requirements, the defendant may also be able to pursue expungement.
This potential to resolve a criminal case without a conviction is why pretrial diversion can be particularly valuable to people concerned about employment, school, professional licenses, or future background checks.
What Happens If You Violate the Agreement?
A violation can allow the prosecution to resume. The defendant can then face the original criminal charge rather than receiving the benefit of dismissal.
Because the underlying case remains important during the diversion period, defendants should take reporting, treatment, testing, restitution, and other requirements seriously.
What Makes Someone a Strong Candidate?
Little or no prior criminal history
Stable employment or education
Strong community and family ties
Acceptance of appropriate rehabilitative services
Restitution or efforts to repair harm where relevant
Treatment or counseling when appropriate
Evidence that the conduct is unlikely to recur
No single factor guarantees diversion. The request should be tailored to the defendant and the particular charge.
Should You Accept Diversion If It Is Offered?
Diversion can be an excellent outcome, but the decision should still be informed. A defendant should understand the factual basis of the charge, available defenses, conditions of the agreement, consequences of a violation, and record consequences.
In some cases, the evidence may support seeking dismissal or trial rather than entering a diversion agreement. The strength of the case should be evaluated before deciding.
Talk With a Nashville Criminal Defense Lawyer
Kevin Kennedy is a former Davidson County prosecutor who now represents people charged with crimes in Nashville and throughout Middle Tennessee. Kevin Kennedy Law Firm can evaluate whether pretrial diversion is legally available and whether it is the right resolution to pursue.
Call Kevin Kennedy Law Firm at (615) 205-7311 to discuss the case.
Learn more about how a Nashville pretrial diversion lawyer pursues diversion, and about clearing a record with a Nashville expungement lawyer.