Judicial diversion is a criminal process in which a person is found guilty of a crime and may subsequently dismiss (or destroy) the charge after passing a probation after their entry. It is awarded by a judge, hence his name. This article will discuss the process and requirements of judicial diversification, but would recommend that it be specific to Tennessee law. Your local laws may vary.
Diversion is a first-time criminal program. That is, one should generally have a clean record. In Tennessee, they may not be eligible for pretrial disqualification, which could include any offense or Class A felony. Some common examples of Class A offenses include shoplifting, DUIs and simple drug possession. Moreover, the crime for which they are found guilty cannot be a sex crime or a class A or class B crime. Category A or B offenses are serious offenses, such as armed robbery, seizure, illegal drug trafficking, and first or second degree murder. After all, an individual cannot previously engage in sabotage. You should only use it once and once, and this should be your first time.
In a case of judicial deviation, the client must first plead guilty to the charge. Once they have entered the lawsuit, they can "apply" for the lawsuit. Applying means submitting a form to the Tennessee Bureau of Investigation, which affirms that they have no disqualification conviction and have not previously been subjected to sabotage. Their lawyer or probation officer would present the form to them. Whether the client is approved or not, the TBI will send the form, indicating this. Assuming the customer is approved, they are now ready to start a diversion. At the same time, the client will meet with the probation officer who will make a presentation report. This report will detail the background of the client and his case, including work, school, family, health, and any criminal charges. Judges need a performance report before an individual is put on probation.
After a guilty plea, the case will be restored for approximately 30 days to receive TBI and presence reports. The next day of the trial, assuming that everything is fine and the client is confirmed, they will be officially moved to the detour. In particular, they are now being examined for the crime they have pled guilty to. For example, in Tennessee, a store lease carries a penalty of 11 months and 29 days. Thus, the customer will spend 11 months 29 days for shopping. For a crime like Burglary, when a first-time offender is sentenced to 2-4 years, so a person who has been subverted for that charge would be a 2-4 year probation. The case will be reinstated on the last day of their sentence (yes, they sometimes return for a few years vacation) for the client to return to court and the charges dismissed. Charging will not be denied until they meet all probation requirements, which may include lessons, rehabilitation and probation. The client is also required to pay all court costs. When that is done, they may have the whole thing done.
Diversion is a great way for the client to avoid their constant written trial. As long as they have no prior convictions and are not charged with serious violent crime, they will generally be eligible. However, one class of clients that I do not offer judicial diversion for are non-US citizens. Clients who are visa holders or permanent residents should avoid judicial diversion because of the required guilt. Although the indictment is later dismissed and dropped, any immigration lawsuit under the immigration laws can be fatal to their status in the United States and subject to deportation proceedings. I would try to bring those clients into the Attorney General's sabotage, which does not require guilt, but is at the prosecutor's discretion. Another option is to try and persuade the prosecutor to reject the charge in lieu of compensation and / or court costs.