Q: Can I retain judicial diversion after a probation payment violation in Tennessee?
I was given judicial diversion and placed on probation for a misdemeanor charge in Tennessee. I committed a technical violation for failing to pay my probation fees/fines, as I became a full-time caregiver for my elderly parents who are on fixed incomes, and couldn't afford the payments. I've had no previous violations and haven't been charged with any new offenses. With my dad now on Tenncare, we have additional funds, and I can resume payments. Can I retain my judicial diversion and restart probation, and will the court allow me to explain my inability to pay and my plans to comply if probation is reinstated?
A: Yes but I would hire an attorney so you can have the best chance possible.
Anthony M. Avery agrees with this answer
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A: You should be able to, but you will need an attorney for the VOP after paying everything in full prior to the hearing.
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