The bottom line: Judicial diversion is a program in Tennessee that allows eligible defendants to avoid a criminal conviction and have their charges dismissed and expunged upon successful completion of probation. Judicial diversion, sometimes called “40-35 diversion,”...
The bottom line: Probable cause means there is enough evidence to cause a reasonable belief that a crime was committed and that the defendant committed it. Probable cause is a concept that is important in several aspects of criminal law. This post deals with...
The bottom line: In a preliminary hearing in Tennessee's General Sessions Court, the judge determines whether there is probable cause to continue to the next phase of criminal prosecution. If you are charged with any crime in Tennessee, the first court you will...
The bottom line: Yes. The District Attorney’s office decides whether to prosecute someone for a crime; it is not up to a private individual to “press charges.” If you do not show up for court, the judge will issue a bench warrant for your arrest. This means you...