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  • Order of Deferment Pursuant to Tennessee Code Annotated 40-35-313

Order of Deferment Pursuant to Tennessee Code Annotated 40-35-313

Category:
Local County - Shelby - Court of General Sessions - Criminal Court
State:
Tennessee
Control #:
TN-SKU-0891
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Description

Order of Deferment Pursuant to Tennessee Code Annotated 40-35-313

An Order of Deferment Pursuant to Tennessee Code Annotated 40-35-313 is a court order that allows a defendant to defer the payment of a debt or judgment. This deferment is usually granted when an individual or business is unable to pay a financial obligation in full or on time due to financial hardship. The order of deferment gives the debtor time to make payments over a period of time, usually with no interest or penalties. There are two types of Order of Deferment Pursuant to Tennessee Code Annotated 40-35-313: 1. Automatic Deferment: This type of Order of Deferment is automatically granted when a debtor is unable to pay a debt or judgment in full or on time. The court will issue an Order of Deferment that outlines how the payments will be structured and for how long. 2. Discretionary Deferment: This type of Order of Deferment is granted at the discretion of the court and is usually only granted in special circumstances. The court will consider the financial hardship of the debtor and the ability to pay off the debt or judgment. If granted, the court will issue an Order of Deferment that outlines how the payments will be structured and for how long.

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FAQ

Diversion in Tennessee In a pretrial diversion ? also known as a suspended prosecution ? the defendant has not yet pled guilty or been found guilty. Pretrial diversion may be granted if all the statutory requirements are met, and they meet the terms that are agreed upon with the District Attorney.

Tennessee allows first time offenders (citizens who have never pled guilty to or been convicted of a crime) to resolve their charges with specialized probationary periods called diversions. Upon successful completion of probation, the charge may be dismissed and expunged from the defendant's record.

Diversion allows a charge or charges to be diverted for an agreed upon amount of time once the defendant pleads guilty and agrees to conditions given by the judge.

Multiple Convictions. If a defendant is convicted of more than one (1) criminal offense, the court shall order sentences to run consecutively or concurrently as provided by the criteria in this section.

Deferred adjudication is a plea agreement that permits a person to avoid having a conviction on their record. Deferred prosecution, deferred sentencing, or probation before judgment are other terms for it.

The judicial diversion is effectively a conditional guilty plea. If granted, you plead guilty, but the case is dismissed and the court does not find you guilty, if you conform to the terms of your probation.

The answer is generally no. Tennessee law allows all but one type of misdemeanor to be removed from a first-time offender's record, and without a jail sentence. These include domestic assault, underage drinking, shoplifting, weapons possession, vandalism, and simple drug possession.

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More info

The court may defer further proceedings against a qualified defendant and place the defendant on probation upon such reasonable conditions as it may require without entering a judgment of guilty and with the consent of the qualified defendant. 4035313(a)(2).This means that failure to comply with the rules of your diversion may require you to serve jail time. The defendant should be granted a deferral of charges pursuant to T.C.A. 40-35-313. T.C.A. 40-35-313(a)(1)(A). Order of Deferment Pursuant to Tennessee Code Annotated 40-35-313 (PDF). CR2668, Order of Probation Pursuant to Tennessee Code Annotated 40-35-302 (PDF). Tenn. Defendant pled guilty to Aggravated Assault, but pursuant the judicial diversion statute, Tenn. § 40-29-105(a) and (b).

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