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Criminal Defense FAQ

Facing criminal charges in Tennessee?

Criminal Defense FAQ

+ Will I have to go to jail?

It is possible that the judge could order you to serve part or your entire sentence in jail. This depends on the charges you face as well as your criminal record.

+ If I have been convicted of a felony, will I be able to get my rights restored to possess a firearm?

In certain circumstances, a person convicted of a felony can petition the court and may be able to have their rights restored to possess firearms.

+ Can I get my record expunged?

Depending on your case, certain misdemeanor and low-level felonies may be expunged. They must be non-violent, non-DUI, and non-sexual crimes.

+ If a police officer asks to speak with me, what should I do?

It is very important to understand the legal system before answering questions from police officers. The choices you make under this situation can affect your life forever. In some situations it is best for you to say nothing. Speak with one of our qualified attorneys to help assist you in making this decision.

+ What usually happens during my first interview with a criminal attorney?

Your first consultation is free of charge. During this time one of our attorney’s will review your case and go over the charges with you. An attorney will explain to you the legal process and what you should expect regarding your case. Also, an estimate for further legal assistance will be given to you.

+ What should I do if I a pulled over by a police officer while I am driving?

Remember to be polite and calm when the police officer is talking to you. Most of the time a regular traffic stop escalates into a situation that could have been prevented. If a police officer asks to search your car, you have the right to say no.

+ What are the different ways to use bail bonds in Tennessee?

  • The first way is to contact a commercial bondsman. The bondsman will charge you 10% of the total bond and also a fee when the bond is processed.
  • The second way is to buy the bail bond yourself. Your full payment will be refunded at the close of your case.
  • The third way is to use property to make bail. A “property bond” can be made if the value of the property is at least one and one half time the total bail bond.

+ What is the cost of a criminal attorney?

The cost of an attorney depends on the nature of your case. There are various factors an attorney considers in estimating the cost of a case. The time the attorney spends on your case and the effort involved are a few factors the attorney will take into account estimating the cost of your case.

+ What is the difference in being detained by the police and being arrested?

If a police officer suspects that you are involved in some type of criminal activity, the officer may detain you for a short period of time after which you are free to leave. However, if you are arrested, you are taken into custody and you are not free to leave.

+ If I have been arrested, when am I able to make a phone call?

When you are done being “booked,” you will then be able to make a phone call.

+ What are my “Miranda rights”?

Usually when you are questioned after an arrest is made, an officer will “read your rights.” Miranda rights include: The right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have a lawyer present while you are questioned. If you cannot afford a lawyer, one will be appointed to you. It is in your best interest to ask to speak with an attorney if you find yourself in this situation. If you give information voluntarily, that information could be used against you.

+ Do the police need an arrest warrant to take me to jail?

If an officer comes to your home a warrant is generally required to take you to jail. This is not the case if you are arrested any place else. If the officer has reason to believe you may run, destroy evidence, or harm anyone else, the officer may arrest you at your home without a warrant.

+ Why do some people in jail have to post bond while others don’t?

The judge makes this case by case decision taking into consideration various factors, including:

  • Type and seriousness of the charges
  • Whether or not you have failed to appear in court previously
  • Your criminal record
  • Whether you are on probation, parole, or escape status
  • Community connections
  • The probability you will appear in court for the current charges