15 Jan Does It Help That I Have No Criminal History?
In Murfreesboro criminal cases, I am often asked “I have no criminal history, will that help my case?” The short answer is yes, having no criminal history will typically help your case.
Having no criminal history may help in negotiations with the District Attorney.
In Tennessee, prosecutors have discretion in whether to prosecute a case or to offer some sort of plea deal. Typically, when a defendant has no criminal history, that makes the District Attorney more likely to offer a favorable plea deal. However, there is no guarantee of a favorable offer.
For example, if someone is charged with possession of cocaine, the District Attorney is more likely to make an offer of reduced charges to someone with no criminal history than he is to make an offer of reduced charges to someone with an extensive criminal history.
Having no criminal history may make you eligible for Diversion.
One special process that is available to adults with no criminal history is Diversion. In Rutherford County, nearly every Diversion granted is Judicial Diversion, so I will explain the Judicial Diversion process here.
NOTE: There are two types of Diversion: Pre-Trial Diversion and Judicial Diversion. Nashville Attorney Michael Shipman provides an excellent explanation of the two types of diversion here.
Under Judicial Diversion, a defendant can enter a conditional guilty plea; in other words, a guilty plea conditioned upon a certain agreement. If the defendant completes the terms of the agreement, he may then be able to have the charge expunged from his record forever. However, if the defendant fails to complete the terms of the agreement, then the diversion will be revoked and a guilty plea will be entered.
As mentioned before, the District Attorney has wide discretion in how to prosecute a case, and that includes whether or not to offer Judicial Diversion. A prosecutor is not required to offer Judicial Diversion.
In short, having no criminal history will help your case. You may receive a better offer than someone who has a lot of other crimes.
Sorry, the comment form is closed at this time.