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.

Related Topics:
2 Lawyer Answers

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.

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.