Tennessee Criminal Lawyer Blog

Tennessee criminal defense lawyers assist clients in East Tennessee charged with all types of charges, from traffic violations to complicated felonies like homicide. No two cases are the same, and each case has a unique set of facts associated with it. Depending on the circumstances, the court may defer proceedings against a qualified defendant. This is sometimes referred to as a "deferred plea" in Tennessee.

According to Tennessee law, the court may defer further proceedings against a qualified defendant and place the defendant on probation upon such reasonable conditions as it may require without entering a judgment of guilty and with the consent of the qualified defendant. The deferral shall be for a period of time not less than the period of the maximum sentence for the misdemeanor with which the person is charged, or not more than the period of the maximum sentence of the felony with which the person is charged. Tenn. Code Ann. § 40-35-313 (a)(1)(A) (2007)

Under Tennessee law, qualified defendant means a defendant who:

1) Is found guilty of or pleads guilty or nolo contendere to the offense for which deferral of further proceedings is sought;

2) Is not seeking deferral of further proceedings for a sexual offense, a violation of § 71-6-117 or § 71-6-119, or a Class A or Class B felony; and

3) Has not previously been convicted of a felony or a Class A misdemeanor.

Sexual offense under the judicial deferral statute means conduct that constitutes:

• Aggravated prostitution
• Aggravated rape
• Aggravated sexual battery
• Aggravated sexual exploitation of a minor
• Especially aggravated sexual exploitation of a minor
• Rape
• Rape of a child
• Sexual battery by an authority figure
• Sexual exploitation of a minor
• Statutory rape by an authority figure
• Attempt, solicitation, or conspiracy, to commit any of the above offenses

Upon violation of a condition of the probation, the court may enter an adjudication of guilt. If, during the period of probation, the person does not violate any of the conditions of the probation, then upon expiration of the period, the court shall discharge the person and dismiss the proceedings against the person. Discharge and dismissal under the judicial deferral statute is without court adjudication of guilt. § 40-35-313 (2) (2007)

If you would like more information on deferred pleas, and whether it might be applicable in your case, contact a Tennessee criminal defense attorney. Our criminal defense lawyers help clients in Knoxville, Sevierville, Morristown, Madisonville, Johnson City, Newport, Maryville, Alcoa, Gatlinburg, Loudon, and Newport.