Tennessee Criminal Defense Legal Questions

UPCS W/I S/M/D: Marijuana as a Class E begins at a 1 year jail sentence or probation period. Unless the co-defendant pleads guilty to the offense, as owner of the vehicle you are considered joint and separately liable for the drugs found. In order to get your car back, you will have to follow the instructions in the civil forfeiture notice. Understand, that by getting your car back, you are admitting to being in control of the car where the drugs were found.... Read More

Driving while your license is suspended can result in serious penalties in every state, including jail time. It is a criminal charge. The exact penalties vary from state to state. Some states require at least a short jail sentence to be imposed. In Tennessee, where you are from, a first offense of driving under a suspended license is a Class B misdemeanor charge , for which you can be jailed for up to six months and fined up to to $500. For a third offense, it is a Class A misdemeanor which provides for a possible sentence of up to one year and a fine up to $2,500. In addition, a third time offender runs the risk of being labeled a a habitual offender which could result in permanent revocation of your driving privileges. If your license was suspended in Tennessee for a DUI, a conviction for driving under a suspended license may result in a mandatory jail sentence. You may be eligible for a restricted license during your period of suspension, that allows you to drive to and from work and other necessary places. When your suspension period is up, and you are eligible to reinstate your license, the Tennessee Department of Safety website is an excellent source for information that can guide you through the steps. In many cases, an experienced criminal defense attorney can assist you by negotiating with the prosecutor to reduce the charge of driving under suspension to a lesser offense and resolve the case with a fine instead of jail time. He or she will also be able to analyze the facts of your case and the police reports to determine whether you have a defense to the charge, or grounds for a more favorable disposition. By Jeralyn Merritt, Ask a Lawyer Panelist Since 1998.  ... Read More

The decision on whether to prosecute someone for a crime is solely that of the prosecuting attorney. If you wish the charges to be dropped you should speak with the prosecutor or assistant prosecutor handling the case. They do not have to respect your wishes however if they believe the prosecution should continue. If you want further information, contact us.... Read More

No one wants to spend more time in jail than necessary. Thus, assuming bail has been set and you have the financial resources to hire a bondsman to post bond, I would contact a bondsperson first and get your fiancé out of jail. The typical fee for a bondsperson is 10 to 20 % percent of the amount of bail. Upon receipt of this amount, the bondsperson will post the bond so your fiancé can be released. Once your fiancé is out of jail, he should have sufficient time between his release and his next court date to contact and retain counsel to represent him at future court proceedings. Choice of counsel is a personal and important decision that should be made by your fiancé. If you do not have 10 to 20 percent of the bail amount for the bondsperson¿s fee, or if bail has not been set, I would contact an attorney first. If bail has been set but is greater than you can afford, even with a bondsperson, an experienced criminal defense attorney can file a motion with the Court seeking a bail reduction. If bail won¿t be set until your fiance¿s first court appearance, and there are aggravating circumstances involved that may result in bail being set in an amount greater than you can afford, such as your fiancé has prior alcohol-related offenses or the offense involved an accident, an experienced attorney can appear with your fiancé at the first court appearance to argue for a reasonable bond. ... Read More

At your first appearance for a criminal charge, you will be advised of your rights and the charges against you. Among the rights the Judge will explain to you is the right to be represented by counsel. If you cannot afford counsel, you can ask that a lawyer be appointed to represent you. This is your constitutional right, and you should exercise it. After advising you of your rights, and addressing the issue of counsel, the court may set the matter for a pre-trial conference or similar proceeding. Keep in mind that the entire matter need not be resolved tomorrow, it is only your first appearance. Even though you may have admitted to your employer or the police that you took money from your workplace, you do not have to make any admissions tomorrow. Nor should you make any admissions without the advice of counsel. I recommend you exercise your right to counsel. While the district attorney may be willing to discuss a plea bargain with you tomorrow, you should first discuss the facts of your case with an experienced defense attorney. He or she will then obtain and review the police reports and be in a position to advise you as to possible defenses to the charge. Your attorney can also advise you as to whether you have grounds to challenge the admissibility of your admissions, and if so, the strength of the state's case without them. In the event your attorney concludes, after reviewing the state's evidence and listening to your recitation of events, that a plea bargain is in your best interest, he or she will be able to negotiate the best possible resolution. There are many different kinds of plea bargains, with varying consequences, some of which last long after the case is over. For example, if this is your first offense, and considering the amount involved is relatively small, it may be possible for your attorney to negotiate a deferred-type plea disposition which provides that if you stay out of trouble for a period of time, you will not be left with a permanent conviction on your record. A criminal charge is merely an accusation. The burden is on the state to prove each and every element of the charged crime beyond a reasonable doubt, with legally competent and admissible evidence. Since this is your first exposure to the criminal justice system, I highly recommend you obtain counsel to advise you.... Read More