Tennessee Criminal Lawyer Blog

Tennessee criminal defense lawyers help clients charged with traffic violations, misdemeanors, and complicated felonies. All cases are different so different defenses and strategies are employed. Depending on the circumstances, the defendant in a criminal case will often attempt to divert prosecution in his or her case.

According to Tennessee law, a qualified defendant may agree with the state to suspend prosecution for a specific period of time. It is important to stress that the state and defendant must agree to suspend prosecution, and that pretrial diversion will not happen for all qualified defendants. The agreement is done by what’s known as a memorandum of understanding. The prosecution can be suspended up to a maximum of two years once the memorandum of understanding is filed. The defendant is responsible for paying certain fees once an agreement is made. The defendant must also follow certain conditions during the period when the prosecution is suspended. Once these conditions are completed, the charges are dropped within 90 days after the expiration of the period of suspension.

Defendants must be qualified by meeting each of the following requirements to be eligible for pretrial diversion:

• The defendant must not have previously been granted pretrial diversion or judicial diversion; and

• The defendant must not have a prior misdemeanor conviction for which a sentence of confinement is served or a prior felony conviction within a five-year period after completing the sentence or probationary program for the prior conviction; and

• The offense for which the prosecution is being suspended must not be a Class A or Class B felony; and

• The offense for which the prosecution is being suspended must not be a DUI, vehicular assault, or sexual offense. Sexual offense includes the following:

1. Aggravated prostitution;
2. Aggravated rape;
3. Aggravated sexual battery;
4. Aggravated sexual exploitation of a minor;
5. Attempt to commit any of these offenses;
6. Conspiracy to commit any of these offenses;
7. Especially aggravated sexual exploitation of a minor;
8. Rape;
9. Rape of a child;
10. Sexual battery by an authority figure;
11. Solicitation to commit any of these offenses.

• The offense for which prosecution is being suspended must not be any of the following Class C felonies:

1. Adulteration of foods, liquids or pharmaceuticals;
2. Aggravated assault resulting in serious bodily injury;
3. Aggravated burglary;
4. Bribery of a public servant;
5. Bribing a juror;
6. Bribing a witness;
7. Buying and selling in regard to public offices;
8. Introduction of weapons, explosives, intoxicants or drugs into a state, county, or municipal institution where prisoners are quartered;
9. Robbery;
10. Voluntary manslaughter;
11. Vehicular homicide (effective January 1, 2008). Tenn. Code Ann. § 40-15-105 (2007).

If you would like more information, contact a Tennessee criminal defense attorney. Our lawyers help clients in the East Tennessee area including Knoxville, Sevierville, Gatlinburg, Loudon, Newport, Morristown, Johnson City, Chattanooga, and Maryville.