Diversion Eligibility Requirements

1. Must have not been previously granted diversion in Tennessee; and

2. Must have no prior felony convictions, or any prior misdemeanor convictions in which you served a jail sentence (the time from arrest to posting bond generally does not count); and Diversion requires obtaining a certificate of eligibility prior to attending court. If traveling from out of state, it is very important you speak with an attorney prior to your court date.

3. The offense for which you’ve been charged must be appropriate for the type of diversion being requested. In other words, pre-trial diversion cannot be used for a felony charge. Either pre-trial or judicial diversion can be used in Tennessee on a misdemeanor crime.

 

Two Types of Diversion in Tennessee

There are two types of diversion in Tennessee, Pre-trial and Judicial Diversion. Although Pre-Trial Diversion is more favorable, the discretion as to which will be offered in misdemeanor cases is entirely up to the district attorney in the jurisdiction where you are charged. Some Tennessee counties will only offer Judicial Diversion.

Judicial Diversion summarized, is a conditional plea of guilt. Although you must plead guilty, the court does not find you guilty and ultimately never will (the case will be dismissed) as long as you comply with the terms of probation. If you violate the terms of probation your diversion status may be revoked, your plea of guilt will be accepted (becoming a permanent conviction) and you could be subject to serving jail time.

Judicial Diversion is frequently offered in Davidson (Nashville, TN), Cheatham (Ashland City, TN), Coffee (Manchester, TN), Cumberland (Crossville, TN) Dickson (Dickson, TN), Giles (Pulaski, TN), Loudon County (Lenoir City, TN), Maury (Columbia, TN), Robertson (Springfield, TN), Rutherford (Murfreesboro, TN), Sumner (Gallatin, TN), and Williamson (Franklin, TN) counties.

Pre-Trial Diversion is an agreement with the district attorney’s office that in exchange for you complying with what is in effect supervised probation, then they will not prosecute your case. As long as you successfully complete probation, the case is dismissed. Unlike Judicial Diversion, you are not required to plead guilty with Pre-Trial Diversion. 

Pre-Trial Diversion is frequently offered in Putnam (Cookeville, TN), Montgomery (Clarksville, TN) and Wilson (Lebanon, TN) counties. Pre-trial diversion is not available for felony crimes in Tennessee, rather only judicial diversion.

If I am eligible, is it guaranteed they will offer diversion?

No, the district attorney has discretion in whether or not to offer diversion to an eligible defendant however if diversion is refused to an otherwise eligible defendant, there must be a legally sufficient justification as to the reasons for the refusal.

If you have questions about diversion, feel free to contact our office and speak with one of our criminal defense attorneys today.

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I was given Joel's contact info from a friend, and called him in regard to an issue that one of my children's friends were going through at the time. He answered on the first call, was friendly, knowledgeable, and honest. I don't know that you could ask for any better criteria than the aforementioned qualities when seeking someone's expertise in the criminal defense field. I highly recommend giving Joel Crim a call if you find yourself in need of his services.read more
forrest hewes
forrest hewes
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Jeffrey Moreland
17:46 10 Oct 22
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Miguel Camarillo cuellar
19:58 17 Oct 21
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Sam Goldman
Sam Goldman
20:29 05 Aug 21
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Jason RODRIGUEZ
Jason RODRIGUEZ
15:24 16 Jul 21
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Paul Mercer
Paul Mercer
02:06 21 Apr 20
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Nathan Blond
Nathan Blond
04:07 17 Nov 18
Mr. Crim expertly handled my case and went out of his way to describe my options in great detail. I would not turn to any other lawyer in the Nashville area to handle my cases. Very experienced and knowledgeable on the Law!read more
Frank Gorman
Frank Gorman
10:52 04 Jul 18
Joel Crim has handled a couple of cases for me in the last three years. Both times, he returned my initial calls promptly, got the necessary information, and got right to work. He was very honest with me and provided good advice based on his prior experience. Both cases were resolved quickly and in a satisfactory manner.read more
Mac Ruderer
Mac Ruderer
14:58 03 Apr 18
As my first experience in the world of attorneys, I think Joel was the best I could have found. He was easy to reach by phone email and even text messaging and promptly got back to me. He was able to explain my case in a way I could understand and put my worries at ease by answering all of my questions. He critically assessed my case, presented me with all of my options, and ultimately left the decisions up to me. Joel sees value value in clients and works to vindicate them. I am so grateful for his hard work and help.read more
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Melanie Jade
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