If I have used diversion on a misdemeanor before canIuse it now on my first felony?

I used a diversion program on simple possession and got off probation then got caught for manufacturing and sales, got caught with scales and grams can I use diversion again since the first one was a misdemeanor and this is my first felony?

Asked on August 30, 2011 Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I'm afraid that you are out of luck. Diversion for first-time offenders - no matter what the offense. Since you used it once it is no longer available to you. So whether or not your first offense was a misdemeanor and this offense is a felony, diversion is a 1 time only get out of jail card.

This is why before people accept diversion they should consider having an attorney try to get their first offense dismissed or to try an win an acquittal at trial. This way diversion would be available for any subsequent offense (such as is your case here).

At this point you need to consult directly with a crimnaml law attoreny in your area ASAP.


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