Discovering that your child has been accused of a crime is one of the most distressing moments a parent can face. In Tennessee, the juvenile justice system is designed to focus more on rehabilitation than punishment—especially for first-time offenders. If this is your family’s first encounter with the legal system, you’re not alone, and there are legal options that can protect your child’s future.
At Barnes & Fersten, our #1 priority is getting your child’s case dismissed. We routinely have trials and hearings when it is in our client’s best interest to proceed forward with a hearing to get their case dismissed. Otherwise, we do everything possible to create leverage to convince the prosecutor that we may get the case dismissed, in an endeavor to get the best negotiated resolution possible so that our clients can make a decision regarding what is the best decision for them and their circumstances.
One of the most promising alternatives to traditional prosecution for minors is pretrial diversion or juvenile diversion. This process gives juveniles the opportunity to take accountability, complete certain rehabilitative steps, and ultimately avoid a formal juvenile record. For many families, it’s a second chance—and a path toward recovery instead of consequences that could follow a child for years.
In this guide, we’ll walk you through how diversion works in Tennessee, who qualifies, what to expect, and how a knowledgeable juvenile defense attorney in Knoxville can help ensure the best possible outcome for your child.
What Is Juvenile Diversion in Tennessee?
Juvenile diversion is an alternative to formal prosecution designed to redirect youth offenders away from the court system and toward rehabilitative services. In Tennessee, the goal of diversion is to help minors take responsibility for their actions while avoiding the long-term consequences of a delinquency record.
Unlike for adults where judicial or pretrial diversions may be limited by a number of circumstances, juveniles are technically eligible in most circumstances if the prosecution offers a diversion. In fact, a juvenile can receive numerous judicial or pretrial diversions if the prosecutor is so willing, although it is unlikely with lengthy criminal history; our attorneys have been successful regardless in serious felony cases with serious criminal histories in accomplishing such a result because there is no limit like in adult court.
Unlike a traditional juvenile court proceeding, where a judge determines guilt and imposes penalties, diversion is typically handled outside the courtroom. If a child successfully completes the terms of a diversion agreement—such as community service, counseling, restitution, or educational programs—the charges may be dismissed or never formally filed.
Types of Juvenile Diversion in Tennessee
Tennessee law allows for several forms of diversion:
- Informal Adjustment: This occurs before a formal petition is filed, but it can occur after formal petition in limited circumstances when agreed upon as well. The juvenile meets with a court officer or probation officer and agrees to participate in services without a court appearance.
- Pretrial Diversion: The juvenile never admits guilt to the crime but the offense is dismissed upon the completion of certain conditions. Should a violation of the agreement occur, the case starts back where it initially
- Judicial Diversion: A petition may be filed, but the court holds the case in abeyance while the juvenile completes certain requirements. If successful, the case can be dismissed or resolved without adjudication.
These programs are usually overseen by the juvenile court and can vary by county. The intent is not only to avoid any criminal record but to provide meaningful interventions that help juveniles get back on the right track.
For many families, diversion represents a critical lifeline—a chance to protect a child’s record and open up future opportunities without the stigma of a juvenile conviction.
Who Qualifies for Juvenile Diversion in Tennessee?
Juvenile diversion in Tennessee is typically reserved for first-time offenders who are accused of non-violent, low-level offenses. The underlying goal is to provide minors with a second chance before they become deeply involved in the criminal justice system.
However, our attorneys have been successful at convincing prosecutors that juveniles are not limited to a diversion on first-time offenders, despite the belief that it is reserved for such juveniles. There is no statute providing that it can only be used once in a juvenile’s lifetime so prosecutors simply misunderstand the law or sometimes are unwilling to make such an offer based on the adult judicial diversion statute. As such, it is important to have a criminal defense attorney who understands the law and is willing to take your child’s case to trial in an endeavor to get the best negotiated resolution possible so the juvenile can make a decision whether to proceed to trial or accept the negotiated resolution.
Eligibility Criteria for Diversion
For a prosecutor to generally offer a diversion, a juvenile generally must meet the following conditions:
- No prior delinquency adjudications or serious disciplinary issues
- Accused of a minor offense, such as:
- Shoplifting or petty theft
- Vandalism or trespassing
- Disorderly conduct
- Underage drinking or possession of alcohol
- Simple possession of marijuana or other controlled substances
- Willingness to accept responsibility and participate in rehabilitative programs
However, there is no limitation to the offer it is simply what prosecutors usually base their decision on. Each case is reviewed individually by a juvenile intake officer or court-designated authority, who evaluates the child’s background, family situation, school performance, and risk level. In many cases, cooperation from both the juvenile and the parents or guardians is essential to securing a diversion opportunity.
It’s important to note that eligibility can vary by county in Tennessee. Some jurisdictions may have more structured diversion programs or different criteria for acceptance. An experienced juvenile defense attorney in Knoxville can assess your child’s eligibility and advocate for the most favorable outcome.
The Juvenile Diversion Process in Tennessee
If your child is eligible for diversion, understanding the steps involved can make the process feel less overwhelming. Although procedures can vary slightly between counties, most juvenile diversion cases in Tennessee follow a similar path.
1. Arrest or Referral
The process usually begins when a minor is either arrested or referred to juvenile court by a school official, law enforcement officer, or another authority figure. Depending on the nature of the alleged offense, the child may be released to a parent or held for intake.
2. Juvenile Intake Assessment
A juvenile court officer conducts an intake interview with the child and parent or guardian. This assessment evaluates the offense, the child’s history, and the likelihood of reoffending. If the officer determines the child is a candidate for diversion, they may recommend moving forward without filing formal charges.
3. Diversion Agreement
If approved for diversion, the child (and their parent/guardian) will enter into a written agreement. This often includes:
- Community service hours
- Counseling or mental health treatment
- Substance abuse education
- Restitution to any victims
- Regular check-ins with a case officer
4. Completion Period
The child is typically given a set period—often 3 to 6 months—to fulfill the conditions. During this time, they must stay out of further trouble, comply with all requirements, and maintain communication with supervising officials.
5. Case Closure
Upon successful completion of the diversion agreement, the case may be:
- Dismissed entirely, with no formal charges filed
- Closed without adjudication, meaning there is no finding of guilt
- In some cases, expunged, depending on the county and offense
If the child fails to comply with the terms, the case may be returned to court for formal prosecution.
How a Juvenile Defense Lawyer Can Help Your Family
When your child is facing criminal charges in Tennessee—whether for theft, underage DUI, drug possession, or another offense—you don’t have to go through it alone. The decisions made during a juvenile case can shape your child’s future for years to come. That’s why having an experienced juvenile defense attorney for your child’s case is crucial.
At Barnes & Fersten, we help families navigate the juvenile justice system with clarity, compassion, and confidence. Here’s how our juvenile defense lawyers pursue diversion for these types of cases:
1. Negotiating or Fighting For An Outright Dismissal
Diversion is never the first option. However, it is an option to resolve a case when the outcome is potentially up in the air. At that time, our attorneys must create leverage to ensure the best negotiated resolution possible for the child.
2. Assessing Diversion Eligibility
Our attorneys review every detail of your child’s case to determine:
- Whether your child qualifies for juvenile diversion
- What programs are available in your county
- The best strategy to avoid formal prosecution or a permanent record
We work closely with court officials, intake officers, and families to present your child in the best possible light.
2. Negotiating Favorable Diversion Terms
Every case is different. We advocate for fair, achievable diversion agreements that prioritize your child’s needs and keep their record clean. This may include:
- Minimizing the duration of diversion
- Requesting alternatives to community service (for younger minors)
- Addressing educational or mental health needs through the program
3. Monitoring and Compliance Support
Even after the diversion agreement is in place, our team continues to:
- Ensure your child understands their responsibilities
- Intervene quickly if issues arise
- Help modify agreements if life circumstances change
4. Pursuing Expungement After Completion
Once the program is successfully completed, we help families seal or expunge the juvenile record—removing the incident from public view and ensuring your child gets the true second chance they deserve.
Contact Barnes & Fersten’s Juvenile Defense Attorneys Today
A criminal charge doesn’t have to define your child’s life. If your son or daughter is facing a first-time offense in Tennessee, juvenile diversion could be the key to avoiding a record, staying out of court, and getting back on track.
At Barnes & Fersten, we understand how overwhelming this process can be for families. Our experienced juvenile defense attorneys in Knoxville are here to guide you through every step—from evaluating diversion eligibility to negotiating favorable terms and ensuring compliance. We fight to protect your child’s future with the same commitment we’d want for our own families.
Don’t wait. The sooner we get involved, the more options your child may have. Call 865-805-5703 or fill out our contact form for a free, confidential consultation with a trusted Knoxville juvenile defense lawyer. Let us help your family move forward with dignity, discretion, and a clean slate.
Attorney At Law, Managing Partner
Brandon D. Fersten is an esteemed Knoxville attorney practicing DUI, criminal defense, and juvenile law. Known for his empathetic approach and commitment to his clients, he brings a record of favorable case outcomes including dismissals and not guilty verdicts at jury trials resulting in Brandon being recognized as one of the “Top 40 Under 40” in Criminal Defense, U.S. News’ Best Lawyers: “Ones to Watch,” and Super Lawyers’ “Rising Stars”. Brandon’s professional accolades, combined with his passion for justice, position him as a reliable criminal defense advocate in the East Tennessee legal landscape, including Knox County, Blount County, Sevier County, Loudon County, Roane County, Anderson County, Cumberland County, Hamblen County, Monroe County, and McMinn County.
