All distraction programs require payment of certain application fees and court fees. Your experienced Franklin criminal defense attorney and explain in much more detail how these distraction programs work and whether you might be eligible to use them if you have been charged with a crime in Tennessee. A «qualified defendant» for judicial diversion at 40-35-313 (a) (1) (B) (i) means a defendant who: It is important to have a lawyer who understands the importance of a) not wasting his or her only shot on the legal distraction on a case that can be won, and (b) who is familiar with the types of cases, which warrant distraction. Contact our relevant criminal defense lawyers today to discuss the possibility of pre-trial or judicial diversion in your case. With offices in Nashville and Sevierville, we are proud to serve the Middle East and East Tennessee. If you have been charged with a crime and this is your first offence, you may be able to waive the prison sentence and have your case deleted after a probation period. Sometimes people make mistakes and end up committing a crime they don`t intend to commit. If convicted, the crime will remain on their records and cause problems in their future. B such as preventing them from qualifying for federal student loans, disqualifying them from housing and employment opportunities, and many other negative effects. According to the National Conference of State Legislators (NCSL), at least 44 states offer pre-trial distraction alternatives to traditional criminal justice procedures for those accused of crimes. In Tennessee, there are two types of distraction laws. Here`s how they work.
Unlike pre-trial diversion, your 40-35 can be used for a low-level crime. However, there are some crimes, such as . B a DUI or a class A or B crime, for which 40-35 cannot be used. Defendants are excluded from diversion if they have already been convicted of a Class A offence or higher. If the defendant does not meet the conditions of the letter of intent or any of the conditions set out in the Pre-Trial Diversion Act, the proceedings will no longer be stayed. The government can then continue its prosecution of the accused. If you do not meet the conditions of your probation or if you receive a new charge during your probation period, the judge can revoke your diversion and convict you on the charge that was misappropriated. Under the Judicial Distraction Act, if probation is violated, the court can «make a guilty verdict and proceed as otherwise provided.» Tenn. Code Ann. 40-35-313(a)(2).
This means that not following the rules of your distraction can force you to serve a prison sentence. You are not entitled to a pre-trial diversion if you have already obtained a pre-trial or judicial diversion or if you have already been convicted of a Class A or B offence. In addition, you are not eligible if you are currently charged with a criminal offence, drunk driving or other offence committed under tenn. Code Ann. § 40-15-105 (a) (1) (B) (iii). To obtain a redirect, you must first request a certificate of eligibility by completing the online redirection application. Click here for a link to diversion instructions. Defendants are not eligible for judicial distraction if they have been convicted of a Class A offence (where time has been served) or a crime. Accused persons convicted of certain types of sexual offences listed in the Act are not entitled to a judicial diversion. Unlike pre-trial diversion, judicial diversion is possible for many crimes. Distraction programs are generally not available if a defendant was part of a previous distraction program. Defendants may be entitled to a diversion in the State of Tennessee if they meet the following conditions: As part of a pre-trial diversion – also known as a conditional trial – the defendant has not yet pleaded guilty or has been convicted.
Pre-trial diversion may be granted if all legal requirements are met and they meet the conditions agreed with the district attorney. If the defendant does not meet the agreed conditions, the proceedings will no longer be stayed and the case may be brought to justice. CTA 40-35-313 regulates judicial diversions. Judicial diversion is different from pre-judicial diversion: (4) The form of the attached order is part of it and is incorporated by reference. The order is made available to all trial judges of registered courts. In Tennessee, only qualified defendants are allowed to receive a pre-trial diversion. A qualified defendant is a person who has not previously participated in a distraction program, who has no criminal record, who is not charged with a crime, certain sexual offences or offences committed by a government official in the performance of his or her duties in an official capacity. TN Code § 40-15-105 (2015) Pre-trial diversion is also referred to as suspended prosecution. A person accused of a crime may enter into a letter of intent with the Crown agreeing that the proceedings be stayed for a certain period of time (no more than 2 years) from the filing of the letter of intent.
The defendant must pay a monthly fee and comply with the conditions set out in the law. If the defendant has met all the conditions set out in the letter of intent and has paid all the costs, his claim may be rejected. An injunction is the final decision made by the court for one or more criminal charges. Once you have successfully completed your probationary period and met all the diversion requirements, you (or your lawyer) can go back to court and request that the charge or charge be permanently removed from your file. According to Tenn. Code Ann. 40-35-313, after the release and termination of the proceedings against the person under paragraph (a), the person may apply to the court for an order to erase all official documents, with the exception of non-public documents which must be kept by the court under paragraph (a) and public documents defined in paragraph 40-32-101 (b). any record relating to the arrest, charge or information of the person, the trial, the determination of guilt and the dismissal and dismissal in accordance with this division. The property is open from 08:00 .m to 16:30 .m every working day of the state.
Redirect requests are processed in the order in which they are received and are usually processed within 24 hours of receipt. However, it is strongly recommended that you file a diversion application at least three business days before appearing in court. Requests for expedited processing of applications are likely to be rejected, as this will result in further delays in other applications awaiting processing. (1) The diversion order annexed to this provision is intended for the use of all trial judges of registered courts in cases where the court postpones proceedings against a qualified defendant and the defendant in accordance with Tenn. Ann. Code § 40-35-313 on probation. The district attorney must comply with the order, including one issued by the Tennessee Bureau of Investigation, according to Tenn. Code Ann.
§ 40-35-313 certificate completed, completed and submitted within 30 days of granting the diversion. If the same indictment contains more than one count, a separate order is made for each offence for which the court grants a judicial diversion. The order date is the date on which the redirect order is entered. Once the diversion period has successfully ended, the indictment or fee may be removed, but only if the defendant returns to court to request removal. If you are eligible, you or your lawyer must apply for expungement from the court where the case originated. That is, if you have a conviction in Davidson County Criminal Court, you cannot apply to the Sevier County Circuit Court for removal. Once you have requested deletion, the clerk will review the documents and forward them to the judge and the Tennessee Bureau of Investigation. If you have charges that have been «dismissed at cost,» you must settle your debts with the court before your file can be deleted. Pre-trial diversions are generally not available for certain crimes, including driving under the influence of an intoxicating product, solicitation, child abuse, certain sexual offences, domestic assault and other crimes.
They are also not available for crime. Tennessee offers a distraction program for certain crimes if the accused meets certain conditions. There are two types of distraction programs: prejudicial diversion and judicial diversion. .