Aggressive Lebanon Criminal Defense Lawyers Fighting for You

Frequently asked questions: criminal law in Tennessee

When you are ready to discuss your case, you may contact an experienced Lebanon criminal defense attorney from the law office of Lowery, Lowery & Cherry, PLLC who is ready to advise you. The following are some FAQs about criminal law in Tennessee and the judicial process:

How are criminal investigations handled in Tennessee?

An officer must have reasonable suspicion that a crime has been committed before an individual can be questioned or restrained, according to the Fourth Amendment to the United States Constitution.

If an officer can find evidence to support an arrest, the accused is advised of Miranda rights, including the right to remain silent and the right to counsel. If the person chooses not to speak to the police officer, transport to a holding or booking facility follows. A magistrate will be presented with the case and then issue the arrest warrant if enough preliminary evidence is presented. A bond may be granted, and a court date issued.

What is a plea bargain? How does it work?

A plea bargain allows a defendant to plead guilty to lesser charges with shorter penalties in exchange for saving the court from having to hold an expensive trial. Plea bargaining is unique to criminal law in that the attorneys are trying to negotiate a reduced charge, dropping of some charges, or a more lenient sentence in exchange for the defendant’s guilty plea. Often, the plea is to a lesser offense – in a hypothetical example, an attorney may be able to bargain down a second DUI offense to a first DUI offense, resulting in lesser penalties.

What is reasonable doubt?

The criminal defense lawyers at Lowery, Lowery & Cherry will develop a defense that casts doubt on the prosecution’s case. Defense attorneys perform their own investigations of the crime, often hiring private investigators and expert witnesses to refute the prosecution’s evidence against you. Your attorney will also cross examine the prosecution’s witnesses, trying to expose questionable character, motives, and testimony. If the defense attorney can create enough doubt for the jury, you will have to be found not guilty and released.

What are the most common mistakes the accused make?

Number one is they allow officers to search them, or their vehicle or their home, without a warrant. Consenting to search is probably number one.

Number two is talking with officers instead of remaining silent. They will give statements when they should consult with a lawyer first.

Why should I hire a criminal defense attorney if I’m pleading guilty anyway?

By going into a court of law unrepresented, you lose the opportunity to take advantage of procedures and rights that only criminal defense lawyers have knowledge of. If you don’t have someone to advocate the best possible outcome for you, even if you plead guilty, negative things may happen that can never be undone.

For instance, you may be eligible for a Tennessee judicial or pre-trial diversion agreement, whereby at the end of a certain period your case may be able to be dismissed and expunged from the record. If you did not have legal counsel, you may not have known about the availability of diversion.

What is an expungement?

If you are granted an expungement, your criminal records are destroyed. In future criminal background checks, an expunged conviction will not show up. If his or her record has been expunged, a person can say that he or she does not have a criminal record for the purposes of employment, housing, education, or in applying for a professional license. Our Lebanon criminal defense attorneys can guide you through the process of finding out if you qualify for an expungement and taking the steps to getting your criminal record expunged.