Tennessee | Criminal Law
Legal Question
what is the difference between end of judicial diversion and termination of judicial diversion
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Read More Answered By: Charles Bloodworth |
It varies between jurisdictions, and is not a well defined term. In general:
The "end" of judicial diversion (by the way, often also called "post-trial" diversion) is the expiration date of the probationary period. Probation/supervision is over, and IF the Defendant has done all he/she promised to do, the criminal charges are dismissed and matter is expunged from the defendant's records. That dismissal is not always "automatic," and the Defendant or the attorney or the probation officer may have to formally ask to have the matter put back on the docket of the court for entry of a judgment of dismissal.
"Termination" of judicial diversion is usually used to describe the situation where a Defendant has NOT done all that he or she promised, and a violation of probation warrant has been swore and filed. In most cases, the Defendant will be rearrested on the violation warrant, and if the judge finds that the person failed to comply with the terms of the diversion a final judgment of GUILTY is entered and the court will impose a sentence. That is a final judgment that will not be expunged.
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