What is the name of your state? TN
My question is regarding the process and timelines for getting post trial diversion in Tennessee. I was convicted of a misemeanor and completed all court requirements.
1. Where do I fine an appeal?
2. Is there a time limit in Tennessee? (18 months had passed)
3. Do I have an option of where I file?
4. Should I visit the judge first? would that help?
5. How long does it take if I pursue this in another court?
I was reading about diversion, and included the text below.
Thank you all in advance for answering.
In determining whether a defendant is qualified for judicial diversion the
trial court should consider: (1) the accused's amenability to correction, (2) the
circumstances of the offense, (3) the accused's criminal record, (4) the
accused’s social history, (5) the accused's physical and mental health, and (5)
the deterrence value to the accused as well as others. State v. Bonestel, 871
S.W.2d 163, 168 (Tenn. Crim. App. 1993); State v. Hammersley, 650 S.W.2d
352, 355 (Tenn. 1983). The trial court's judgment will not be disturbed absent a
showing of abuse of discretion. In order to establish an abuse of discretion, this
Court must determine that no substantial evidence exists to support the trial
court's findings. State v. Anderson, 857 S.W.2d 571, 572 (Tenn. Crim. App.