Clarksville, IN asked in Criminal Law for Indiana

Q: does a D felony plea agreement with diversion consisting of paying restitution , probation and comm.service = conviction

This was in Tennessee.

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2 Lawyer Answers
James Metzger
James Metzger
Answered
  • Criminal Law Lawyer
  • Indianapolis, IN
  • Licensed in Indiana

A: To answer your question you must understand that a plea agreement and a diversion are two entirely different things. A plea agreement, by its own terms, means that you are pleading guilty to an offense and as such will result in a conviction. Keep in mind that a plea agrement can call for restitution, probation, and comm service. A Pretrial Diversion, on the other hand, is an agreement where you specifically will NOT be convicted as long as you abide by whatever conditions are in the agreement such as the restitution, etc. It is important to know which one you are entering into as a plea agreement will mean conviction, but a diversion will not.

Paul Stanko
Paul Stanko
PREMIUM
Answered
  • Criminal Law Lawyer
  • Plymouth, IN
  • Licensed in Indiana

A: In Indiana, a diversion, by definition, is not a conviction. However, if the terms of the diversion are not met, a conviction may result. If you are asking about Tennessee law, then your question needs to be asked of Tennessee lawyers.

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