Tennessee Criminal Lawyer Blog

Tennessee criminal defense lawyers assist clients in East Tennessee charged with all types of charges, from traffic violations to complicated felonies like homicide. No two cases are the same, and each case has a unique set of facts associated with it. Depending on the circumstances, the court may defer proceedings against a qualified defendant. This is sometimes referred to as a "deferred plea" in Tennessee.

According to Tennessee law, the court may defer further proceedings against a qualified defendant and place the defendant on probation upon such reasonable conditions as it may require without entering a judgment of guilty and with the consent of the qualified defendant. The deferral shall be for a period of time not less than the period of the maximum sentence for the misdemeanor with which the person is charged, or not more than the period of the maximum sentence of the felony with which the person is charged. Tenn. Code Ann. § 40-35-313 (a)(1)(A) (2007)

Under Tennessee law, qualified defendant means a defendant who:

1) Is found guilty of or pleads guilty or nolo contendere to the offense for which deferral of further proceedings is sought;

2) Is not seeking deferral of further proceedings for a sexual offense, a violation of § 71-6-117 or § 71-6-119, or a Class A or Class B felony; and

3) Has not previously been convicted of a felony or a Class A misdemeanor.

Sexual offense under the judicial deferral statute means conduct that constitutes:

• Aggravated prostitution
• Aggravated rape
• Aggravated sexual battery
• Aggravated sexual exploitation of a minor
• Especially aggravated sexual exploitation of a minor
• Rape
• Rape of a child
• Sexual battery by an authority figure
• Sexual exploitation of a minor
• Statutory rape by an authority figure
• Attempt, solicitation, or conspiracy, to commit any of the above offenses

Upon violation of a condition of the probation, the court may enter an adjudication of guilt. If, during the period of probation, the person does not violate any of the conditions of the probation, then upon expiration of the period, the court shall discharge the person and dismiss the proceedings against the person. Discharge and dismissal under the judicial deferral statute is without court adjudication of guilt. § 40-35-313 (2) (2007)

If you would like more information on deferred pleas, and whether it might be applicable in your case, contact a Tennessee criminal defense attorney. Our criminal defense lawyers help clients in Knoxville, Sevierville, Morristown, Madisonville, Johnson City, Newport, Maryville, Alcoa, Gatlinburg, Loudon, and Newport.

Many people question whether they should cooperate with the police. If the police ask you questions or ask you to do something, you usually have a legal right not to answer them, to walk away, or to refuse the request. If you are ordered to do something, you should obey that order. But, having the police order you is an important part of ensuring your protections under the constitution. If you are not sure whether they are requesting or ordering, you should obey them. Do not put yourself in danger by attempting to walk away from or disobey a police officer. And, if you feel like they are commanding you, then you protect your rights by obeying them.

If you feel the police are asking you to do something in a friendly, casual, non-threatening tone, and it is not clear whether they are commanding you or simply requesting something during a conversation, you may ask them whether they are ordering you or simply asking. If it is an order, you must obey immediately. If it is simply a request, you have the option of not granting the request. This will protect your rights. Remember to always use wise judgment. Obey the police and do not resist arrest. Acting out is dangerous and will only hurt your case. If you have been charged with a crime in the East Tennessee area, contact a criminal defense attorney.

Tennessee criminal defense lawyers help clients charged with traffic violations, misdemeanors, and complicated felonies. All cases are different so different defenses and strategies are employed. Depending on the circumstances, the defendant in a criminal case will often attempt to divert prosecution in his or her case.

According to Tennessee law, a qualified defendant may agree with the state to suspend prosecution for a specific period of time. It is important to stress that the state and defendant must agree to suspend prosecution, and that pretrial diversion will not happen for all qualified defendants. The agreement is done by what’s known as a memorandum of understanding. The prosecution can be suspended up to a maximum of two years once the memorandum of understanding is filed. The defendant is responsible for paying certain fees once an agreement is made. The defendant must also follow certain conditions during the period when the prosecution is suspended. Once these conditions are completed, the charges are dropped within 90 days after the expiration of the period of suspension.

Defendants must be qualified by meeting each of the following requirements to be eligible for pretrial diversion:

• The defendant must not have previously been granted pretrial diversion or judicial diversion; and

• The defendant must not have a prior misdemeanor conviction for which a sentence of confinement is served or a prior felony conviction within a five-year period after completing the sentence or probationary program for the prior conviction; and

• The offense for which the prosecution is being suspended must not be a Class A or Class B felony; and

• The offense for which the prosecution is being suspended must not be a DUI, vehicular assault, or sexual offense. Sexual offense includes the following:

1. Aggravated prostitution;
2. Aggravated rape;
3. Aggravated sexual battery;
4. Aggravated sexual exploitation of a minor;
5. Attempt to commit any of these offenses;
6. Conspiracy to commit any of these offenses;
7. Especially aggravated sexual exploitation of a minor;
8. Rape;
9. Rape of a child;
10. Sexual battery by an authority figure;
11. Solicitation to commit any of these offenses.

• The offense for which prosecution is being suspended must not be any of the following Class C felonies:

1. Adulteration of foods, liquids or pharmaceuticals;
2. Aggravated assault resulting in serious bodily injury;
3. Aggravated burglary;
4. Bribery of a public servant;
5. Bribing a juror;
6. Bribing a witness;
7. Buying and selling in regard to public offices;
8. Introduction of weapons, explosives, intoxicants or drugs into a state, county, or municipal institution where prisoners are quartered;
9. Robbery;
10. Voluntary manslaughter;
11. Vehicular homicide (effective January 1, 2008). Tenn. Code Ann. § 40-15-105 (2007).

If you would like more information, contact a Tennessee criminal defense attorney. Our lawyers help clients in the East Tennessee area including Knoxville, Sevierville, Gatlinburg, Loudon, Newport, Morristown, Johnson City, Chattanooga, and Maryville.

The grand jury is a group of citizens usually selected from the same large group of eligible jurors. The grand jury has several functions. Its primary function is to serve as a check on prosecutorial abuse by screening cases that do not have enough merit to justify continued processing in the criminal justice system. The test is whether there is probable cause to believe that (1) a crime was committed and (2) the defendant committed it.

If the grand jury finds that probable cause is present, a true bill or indictment is issued. If probable cause is not found, a no true bill is returned and the case is dismissed, but often it can be resubmitted to the same or a different grand jury if the prosecution wants to try again for the indictment. Ordinarily, the prosecuting attorney serves as counsel to the grand jury; facilitates the issuance of subpoenas for witnesses, documents, and other physical evidence; prepares cases for it to consider; and may even recommend whether to issue or not issue an indictment.

Another important function of the grand jury is to investigate possible violations of the criminal law. A member of the grand jury, the prosecutor, or a private citizen may suggest that the grand jury investigate a person, place, or business for possible criminal activity. If the grand jury chooses to launch this probe, it may use its power to issue subpoenas to compel people to testify and bring records and other things with them to the grand jury. If the grand jury finds that crimes are being committed, it can issue a presentment, which is a formal allegation that a named person or business has committed a crime. The presentment serves exactly the same function as an indictment. Criminal Procedure: The Post-Investigative Process, Cases And Materials 11-12 (Neil P. Cohen & Donald J. Hall, 2nd ed., Lexis 2000).

If you are charged with a crime in the East Tennessee area, contact a criminal defense lawyer. A criminal defense lawyer will help explain the criminal process applicable in your case.

Tennessee criminal defense attorneys assist clients with a variety of charges throughout East Tennessee. Our lawyers handle criminal cases such as homicide, theft, drug offenses, assault, juvenile cases, DUI’s, and traffic citations in the Johnson City, Newport, Sevierville, Knoxville, Maryville, and Morristown areas. Whenever you are charged with a crime, you must make many important decisions during the criminal process with the guidance of your attorney. Many clients question the difference between certain pleas.

Under Tennessee law, A defendant may plead not guilty, guilty, or nolo contendere. The court shall enter a plea of not guilty if a defendant refuses to plead or if a defendant corporation, limited liability company, or limited liability partnership fails to appear. Tenn. R. Crim. P. RULE 11 (2007)

By pleading guilty, the defendant consents to a judgment of conviction entered without trial. The accused thereby relinquishes the right to be tried by a jury and at that trial the right to confront and cross-examine adverse witnesses, and the right against compelled self-incrimination. Consequently, before accepting a plea of guilty and a waiver of these rights, the court must determine that the accused is acting voluntarily and understands the charges. The plea itself is an admission of guilt and the accepted plea is essentially a criminal conviction.

By pleading not guilty, the defendant requires the government to prove its case, thereby placing in issue each material element specified in the indictment. This plea also preserves many constitutional rights, including the right to jury trial, the privilege against self-incrimination, and the right to confront accusers.

Similar to a plea of guilty, the plea of nolo contendere involves a waiver of the right to a trial of any kind. A nolo plea is a formal declaration that the accused will not contest the charge and it has the same legal effect as a guilty plea in terms of its finality. Therefore, judgement following entry of a nolo contendere plea is a criminal conviction and usually may be admitted as in other proceedings where the fact of conviction has legal significance.

In contrast to the plea of guilty, however, the legal consequences of a nolo plea are different in one critical respect. The nolo plea usually may not be used in a later civil case as proof of the fact that the defendant committed the offense. That is, the plea of nolo may not be used as direct evidence of liability in a civil suit. This feature explains why a person facing both civil and criminal proceedings might prefer to plead nolo contendere to resolve the criminal matter without compromising the subsequent civil proceeding. Criminal Procedure: The Post-Investigative Process, Cases And Materials 11-12 (Neil P. Cohen & Donald J. Hall, 2nd ed., Lexis 2000).

The accused does not have an absolute right to plead nolo contendere. Your criminal defense attorney will further discuss the implications of how you should plea in your particular case.

Tennessee criminal defense lawyers understand that the criminal procedures may be confusing. Tennessee criminal defense attorneys have helped many clients in different areas including homicide, drugs, DUI, assault, juvenile cases, and traffic citations. Whenever you are charged with a crime, you always want to be informed about the different stages of the criminal process.

A criminal accused is usually entitled to a preliminary hearing. A preliminary hearing is an adversary proceeding presided over by a judge without a jury. A criminal defense attorney and a prosecutor are present at the preliminary hearing. The usual purpose of this hearing is to determine whether there is probable cause to believe that (1) a crime was committed and (2) the accused committed it. This probable cause determination is designed to ensure that citizens do not have to endure the rigors and expenses of a criminal trial when there is not enough proof to satisfy the minimal probable cause standard.

Whether a particular defendant is entitled to a preliminary hearing may depend on the particular procedural posture of the case. If probable cause is found at the preliminary hearing, the case is bound over or transferred to a grand jury. If probable cause is not found, the case is dismissed but ordinarily can be brought again before the same or a different judge or can sometimes be presented to the grand jury anyway. If the grand jury issues an indictment, the case will be scheduled for trial.

Because the probable cause standard is quite low, only rarely is probable cause not found. Accordingly, often defense counsel will not make a serious effort to use the preliminary hearing to have all or some of the charges dismissed. Instead, the defense lawyer will sometimes focus on discovering information about the prosecution’s case. Although the defense has the option of calling witnesses, usually the defense will call no witnesses and instead will spend its time cross-examining prosecution witnesses to discover their knowledge of the case. This enables the defense to learn something about the prosecution’s case without disclosing much, if anything, about the defense’s strategy and proof. Criminal Procedure: The Post-Investigative Process, Cases And Materials 11-12 (Neil P. Cohen & Donald J. Hall, 2nd ed., Lexis 2000).

If you are charged with a crime in Tennessee, contact a criminal defense attorney. A criminal defense attorney will explain the different procedural avenues applicable in your case. Our offices handle criminal cases in Knoxville, Sevierville, Pigeon Forge, Gatlinburg, Maryville, Newport, Johnson City, and Morristown.

Tennessee Criminal lawyers understand that any time you receive punishment from a court; you will have questions about its terms and conditions. The judge often uses legal terminology that only lawyers and individuals intimately involved with the court system can understand. One question that is asked with regularity about punishment is the difference between probation and parole.

Probation is a criminal sentence. In Tennessee, first-time offenders are usually considered for probation. The length of probation and its terms are given at sentencing. Once the person has completed the terms of probation, he or she is free of court supervision. A person’s chances for probation increase significantly if his or her offense was not violent. Someone given probation is usually given a jail sentence that gets suspended or reduced as long as the person follows the conditions of probation. The most common conditions of probation require the individual to keep in touch with a probation officer, work or look for work, go to school, and stay off drugs. Other terms may include going to alcohol or drug-abuse treatment programs, taking drug tests, or attending various educational classes related to the offense committed.

Parole is a way of completing a criminal sentence of incarceration. Typically, the individual has been sentenced to a range of years in prison. After the offender has served the minimum amount of time authorized, the parole board meets to decide if the person is ready to be released from incarceration. This allows the offender to finish out the remainder of his or her sentence outside of prison. Parole boards examine numerous factors in the decision whether to release someone from incarceration. They consider the crime committed, the victim’s perspective, the offender’s progress in prison, whether the prison is crowded, and whether the offender has somewhere to go if indeed released. If parole is satisfactorily completed, the remaining portion of the criminal sentence is discharged.

Both probation and parole may be revoked if the offender seriously violates the terms or conditions. Whatever you are charged with, a Tennessee criminal attorney can help explain in full detail the criminal process. Being charged with a crime is a confusing and frustrating time. We are here to help by serving the Knoxville, Sevierville, Pigeon Forge, and Gatlinburg area.