About Pleas: What is judicial diversion?

About Pleas: What is judicial diversion?

Criminal & DUI

About Pleas: What is judicial diversion?

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,” is a second chance for first-time offenders to avoid a criminal conviction, if the district attorney agrees to make it part of a plea agreement.

choice of two pats

To be eligible for judicial diversion in Tennessee, you must meet certain criteria: you must not have been previously sentenced to jail/prison time for a felony or for an A misdemeanor; you must not have participated in judicial diversion or pre-trial diversion in the past; you must be charged with a qualifying offense (judicial diversion is not available for most violent crimes or for DUI); and you must apply for and receive a certificate of eligibility from the Tennessee Bureau of Investigations (the application costs $100.00).

To take advantage of judicial diversion, you must plead guilty to a crime, but the judge does not enter judgment at that time. Instead, the judge waits to enter judgment until you have had an opportunity to complete probation.

During this probationary period, you will be required to check in regularly with your probation officer, pass random drug tests, engage in lawful behavior (meaning, no new arrests), and comply with all conditions of your probation. Common conditions include community service, classes, and drug and alcohol treatment programs.

If you successfully complete probation, the charges against you will be dismissed and the charge(s) can then be expunged from your record.

If you do not complete your probation requirements, your guilty plea may become final and you may be required to serve your original sentence in jail.

For a printable resource to help you understand judicial diversion, please see my guide: Understanding Judicial Diversion.

About Preliminary Hearings:  What is “probable cause”?

About Preliminary Hearings:  What is “probable cause”?

Criminal & DUI

About Preliminary Hearings:  What is “probable cause”?

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 probable cause in the context of a preliminary hearing in Tennessee.

In order for a case to be bound over to the Grand Jury, the District Attorney must present enough evidence in the preliminary hearing to show probable cause.  This means that there must be enough evidence to create a reasonable belief that a crime has been committed and that the defendant committed the crime.   (This is a much lower amount

of evidence than is required to convict a defendant at trial.  At trial, the state must prove a defendant’s guilt beyond a reasonable doubt.)

Generally, the District Attorney must present some evidence in the preliminary hearing that connects the defendant to the crime and establishes the basic elements of the crime alleged.  The evidence presented may include witness testimony and physical evidence.  Often the only evidence presented is the testimony of the arresting officer.

The judge considers the evidence and makes a probable cause determination. If the judge finds probable cause, the case will be bound over to the Grand Jury.  If the judge does not find probable cause, the case will be dismissed. However, this is very rare due to the small amount of evidence required to show probable cause.

For a printable resource to help you understand the General Sessions Court process, please see my guide: Your Criminal Case in General Sessions Court in Tennessee.

 

 

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