Wednesday, August 13, 2008

TN DUI LAWYER

I was asked the other day by a former client, was there any type of judicial diversion available for a TN DUI, now the first thing is, what is judicial diversion? It is a statute in Tennessee
40-35-313 that allows a defendant to be placed on probation, and if the defendant in Tennessee completes probation they are allowed to have the charge expunged from their record. However, there is one problem with 40-35-313, it does not exist for a TN DUI charge under 55-10-403(b)(1). http://nashvilleduiinfo.com

Tennessee Statute 40-35-313 is available for other charges such as simple possession, theft, etc. There are however some severe consequences for failure to follow the probation period requirements. Upon failure of an individual to follow the requirements of probation the State of Tennessee can file a probation violation. If the court finds by a preponderance of the evidence that you violated probation, you are then found guilty of the charge that you accepted judicial diversion on. You will be sentenced under the Tennessee Sentencing Act. Your sentence will depend on what type of charge you accepted 40-35-313 on, and what range of time that charge carries with it. http://nashvilleduiinfo.com

Tennessee Statute 40-35-313 is one of the most valuable tools an attorney can use for a first time offender client. Most people do not know that a simple possession conviction may keep you from obtaining funds from the government for college, it could also affect your insurance rates, and ability to obtain credit. 40-35-313 is available for some misdemeanors and some felonies. There are many alternatives to having your case go before a jury, and 40-35-313 is one good example of a viable alternative in Tennessee Courts.

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