Memorandum of understanding – Suspended prosecution

(a) (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.Month: means a calendar month. See Tennessee Code 1-3-105Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105Property: includes both personal and real property. See Tennessee Code 1-3-105Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105Statute: A law passed by a legislature.Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.Testimony: Evidence presented orally by witnesses during trials or before grand juries.Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.(1) (A) A qualified defendant may, by a memorandum of understanding with the prosecution, agree that the prosecution will be suspended for a specified period, not to exceed two (2) years from the filing of the memorandum of understanding. As a condition of this suspension, the qualified defendant shall agree to pay ten dollars ($10.00) per month as part payment of expenses incurred by the agency, department, program, group or association in supervising the defendant. The payments shall be made to the agency, department, program, group or association responsible for the supervision of defendant. (B) For purposes of this section, “qualified defendant” means a defendant who meets each of the following requirements: (i) The defendant has not previously been granted pretrial diversion under this chapter or judicial diversion under § 40-35-313; (ii) The defendant does not have a prior conviction for a Class A or B misdemeanor or for any class of felony; and (iii) The charged offense for which the prosecution is being suspended is not a felony or any of the following offenses: (a) Driving under the influence of an intoxicant as prohibited by § 55-10-401; (b) Any misdemeanor sexual offense prohibited by title 39, chapter 13, part 5; (c) Conspiracy, under § 39-12-103, to commit any Class E felony sexual offense prohibited by title 39, chapter 13, part 5; (d) Criminal attempt, under § 39-12-101, to commit any Class E felony sexual offense prohibited by title 39, chapter 13, part 5; (e) Solicitation, under § 39-12-102 to commit any Class D or Class E felony sexual offense prohibited by title 39, chapter 13, part 5; (f) Child abuse or child neglect or endangerment as prohibited by § 39-15-401; (g) Domestic assault as prohibited by § 39-13-111; or (h) Any misdemeanor offense committed by any elected or appointed person or employee in the executive, legislative, or judicial branch of the state or any political subdivision of the state, which offense was committed in the person’s official capacity or involved the duties of the person’s office. (C) Notwithstanding the provisions of subdivision (a)(1)(A) to the contrary, in any county having a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, the defendant shall pay a fee of not less than ten dollars ($10.00) nor more than thirty-five dollars ($35.00) per month, as determined by the court. (2) Prosecution of the defendant shall not be suspended unless the parties in the memorandum of understanding also agree that the defendant observe one (1) or more of the following conditions during the period in which the prosecution is suspended: (A) That the defendant not commit any offense; (B) That the defendant not engage in specified activities, conduct and associations bearing a relationship to the conduct upon which the charge against the defendant is based; (C) That the defendant participate in a supervised rehabilitation program which may include treatment, counseling, training and education; (D) That in the proper case the defendant make restitution in a specified manner for harm or loss caused by the offense, if restitution is within the defendant’s capabilities; (E) That the defendant pay court costs in a specified manner; (F) That the defendant pay, in addition to the payment of ten dollars ($10.00) per month required by this section, any or all additional costs of