What Is The First Time Offenders Act?
The First Time Offenders Act provides first-time offenders in Tennessee the chance to avoid criminal prosecution through diversion programs. These programs include pretrial diversion and judicial diversion. They are meant to rehabilitate qualified first-time offenders instead of subjecting them to harsh criminal penalties. The primary goal is to fix the behavior that caused the offender to commit the crime, so they don’t engage in the same behavior and re-offend in the future.
If you’ve never had trouble with the law before, it can be intimidating and terrifying to learn that you’re facing criminal charges, and there’s a chance you could receive criminal penalties and a criminal record. However, the court may show you some mercy, depending on the specific charges against you. The best way to find out if you qualify for diversion under the First Time Offenders Act is by discussing your case with an experienced Murfreesboro criminal defense lawyer.
How Does The First Time Offenders Act Work?
The court may grant you the opportunity to enter a diversion program instead of getting prosecuted for the charges against you, provided that you meet the program’s eligibility requirements. In general, here’s how the First Time Offenders Act works:
Determination of Eligibility
Once you’re formally charged with a crime, your Murfreesboro criminal defense attorney will check your eligibility for judicial diversion or pretrial diversion, which have different eligibility requirements. They will thoroughly analyze your case, including your charges, criminal history, and the specific circumstances of your crime. Your attorney will submit a request to enter the program, and the Tennessee Bureau of Investigation will review your application.
Setting The Terms and Conditions
If you’re approved for diversion, the court will set the terms and conditions for your diversion. These typically include probation, community service, paying restitution to victims, substance abuse treatment, remaining employed or in school, and not engaging in any illegal activities, among others.
Completion of The Diversion Program
Failing to comply with the program’s conditions will result in the court revoking your diversion. Consequently, the court will proceed with the trial if you fail the pretrial diversion program or impose your original sentence if you don’t complete the judicial diversion program. On the other hand, if you complete your program, your case will be dismissed, and your record will be expunged.
It’s crucial to note that not all offenses are eligible for diversion. It usually applies to simple and non-violent misdemeanors. However, certain non-violent felony charges may be eligible for diversion, depending on the specific facts of the crime.
Protect Your Freedom With Legal Guidance From Our Experienced Murfreesboro Criminal Defense Attorney
Do not let one mistake ruin your life. If it’s your first time being charged with a crime, our Murfreesboro criminal defense lawyer, Joshua T. Crain, will do what it takes to secure the best results for your case. They can determine if you qualify for diversion and negotiate the best terms and conditions for the program. For an in-depth review of your case, schedule your consultation with our Murfreesboro criminal defense lawyer online or by calling 615-848-2088.