Criminal Defense Frequently Asked Questions

If you have been arrested, charged with a crime, or are being investigated by law enforcement in Tennessee, you should consult with a criminal defense attorney immediately. Navigating the legal system alone is highly risky. 

You should secure representation if you find yourself in any of the following situations:

1. You have been arrested or formally charged: Tennessee’s criminal code and sentencing laws have become significantly stricter in recent years. Judges and prosecutors have less discretion now than they did five years ago. Many convictions now require 85% to 100% of the sentence with little to no chance of early parole, and fewer sentences can be suspended to probation. 
2. Law enforcement wants to interview you or take a statement: Having an attorney present in the only way to ensure your rights are protected. An attorney will help you decide whether cooperation is in your best interest. 
3. You are under investigation (even if you haven’t been named a suspect): Law enforcement officers and investigators are legally allowed to be untruthful with you to solve or prevent a crime. A defense attorney can cut through the noise to decipher if you are the actual target of an investigation. 

The Golden Rule: Even if you are completely innocent, any interaction with law enforcement regarding criminal activity warrants having a criminal defense attorney on your side. 

This answer is provided for general informational purposes only and does not constitute formal legal advice. It should not be relied upon for use in any specific legal proceeding or matter. The outcome of any specific legal issue depends on the unique facts and circumstances, and details not discussed here can greatly impact your situation. To discuss your individual legal needs and case specifics, please consult with me directly.

Choosing an attorney is one of the most important decisions you will make relative to criminal charges and investigation. It is important to find someone who is experienced in the locality of your case and regularly practices criminal defense in that locality, as well as someone whose communication style makes you feel supported. 

When evaluating an attorney, focus on the following four points:

• Local Courtroom Experience: Criminal law and procedure varies heavily by state and even by county. You need an attorney who routinely practices in the specific Tennessee court where your case is pending. An attorney who does so will know the local prosecutors, judges, and clerks, giving him or her the knowledge to understand how a case like yours is typically handled. 
• Specific Case Track Record: Criminal defense is a very broad field. An attorney who primarily handles traffic tickets or minor misdemeanors may not be equipped to defend a complex felony charge that carries heavy mandatory minimum prison time. The opposite can also be true; lawyers who often deal in only the most serious of charges can miss opportunities to favorably resolve a less serious case. Be prepared to ask directly: “Have you taken a case like mine to trial and what was the outcome?”
• Honesty Over Guarantees: Beware of any lawyer who guarantees a specific outcome (like “I promise I will get this dismissed”). In criminal defense, guarantees are unethical and usually unrealistic. Look for an attorney who gives you a candid, upfront assessment of both the strengths and weaknesses of your case. 
• Clear Communication and Availability: Your attorney is your advocate, but he or she should also be your guide. Choose someone who explains complicated legal concepts in plain English directly to you, outlines your options clearly, and has a dedication to returning your calls and emails in a timely manner. Crucially, avoid firms that demand a full fee upfront but then shield the attorney you hired behind a wall of staff. While paralegals and legal assistants are vital parts of a legal team, they cannot give legal advice and may miss critical details. You are hiring an attorney to protect your freedom and rights - you deserve regular, direct communication with the actual lawyer handling your case. 

This answer is provided for general informational purposes only and does not constitute formal legal advice. It should not be relied upon for use in any specific legal proceeding or matter. The outcome of any specific legal issue depends on the unique facts and circumstances, and details not discussed here can greatly impact your situation. To discuss your individual legal needs and case specifics, please consult with me directly.

You have several rights under the Bill of Rights of the United States Constitution, as well as under the Tennessee Constitution. Worth mentioning here include, Miranda rights, the right against self incrimination (remain silent), the right to a speedy trial, and the right against excessive bail. 

A criminal defense attorney can help you understand your additional rights. 

This answer is provided for general informational purposes only and does not constitute formal legal advice. It should not be relied upon for use in any specific legal proceeding or matter. The outcome of any specific legal issue depends on the unique facts and circumstances, and details not discussed here can greatly impact your situation. To discuss your individual legal needs and case specifics, please consult with me directly.

Yes, depending on how your case was or is resolved, there are three distinct pathways to have criminal charges or convictions erased from your public record.

Eligibility generally falls into one of the following categories:

Your charges were dismissed or dropped: If your case resulted in a dismissal, acquittal (not guilty verdict), or a nolle prosequi (prosecutor dropped the charges), you are entitled to an expungement at no cost to you.

You successfully completed a diversion program/period: If your case was resolved though pretrial or judicial diversion, you are eligible for an expungement once your diversion period ends. 

Diversion is similar to probation in that you have rules to follow and a supervisory office. However, unlike standard probation, a successful diversion results in your charges being dismissed and/or expunged rather than remaining permanently on your public record. 

You have a past criminal conviction: Pursuant to Tenn. Code Ann. § 40-32-107, certain convictions can be permanently removed from your public record if you have completed all terms of your sentence (including jail time, probation, fines, court costs, restitution, etc.) and the requisite amount of time has past since your completion of those terms or requirements. 

The requisite times are:

5 years for eligible Misdemeanors and E Felonies; and 

10 years for eligible D and C Felonies. 

Most violent crimes, most A & B felonies, and DUI’s are ineligible for expungement based on a past conviction without diversion. 

Whether or not someone is eligible for expungement of past criminal convictions is highly fact dependent and must be initiated by petitioning the Court where the conviction occurred. If you are interested in having your past convictions(s) expunged, contact my office and let’s have a discussion about your specific situation. 

This answer is provided for general informational purposes only and does not constitute formal legal advice. It should not be relied upon for use in any specific legal proceeding or matter. The outcome of any specific legal issue depends on the unique facts and circumstances, and details not discussed here can greatly impact your situation. To discuss your individual legal needs and case specifics, please consult with me directly.