Nashville Criminal Attorney Blog

Sometimes. "You're not under arrest" is not the same sentence as "you're free to go," and only one answers your question. Tennessee sorts police contact into three kinds: a conversation you may end, a detention you may not, and an arrest. You can be held and still not be under arrest. And there is a…

Most assault charges in Nashville don't start with a plan. They start with a shove outside a bar, a shouting match over a property line, or two drivers who both got out of their cars at a red light. Afterward, people reach for the same reassurances: nobody got hurt, we both wanted it, I never…

Only a judge can lift it, and until a judge does, it stays fully in force, even if both of you want it gone. Why can't the two of you just agree to end it? The order belongs to the court, not to her. Nothing in Tennessee law gives the protected person the power to…

A DUI in Tennessee does two things to your driving, and most of what people believe about the second one is wrong. The license consequences run on their own track — their own rules, deadlines, and costs — separate from the criminal charge, and getting them wrong is how people end up back in court.…

A Tennessee DUI arrest starts a month with a shape to it, and knowing that shape keeps the first thirty days from being spent on the wrong worries. 1. The Night of the Arrest You are asked to take a breath or blood test, and before you answer the officer tells you what refusing will…

No. You can stop answering questions at any moment — including in the middle of a sentence. Nothing about answering the first ten questions obligates you to answer the eleventh. Talking is not a door that locks behind you. Say Out Loud That You Are Done Do not hint, trail off, or go quiet and…

Most people facing a criminal trial in Tennessee have never seen one, except on television. Beliefs that sound right but are not fill that gap. Some make people more afraid of trial than they need to be, and others make them less careful than they should be. Here are five of the most common, with…

Not freely. In Tennessee, a pending felony case can restrict your guns long before any conviction. If you assume that "not convicted yet" means "no restriction yet," you can end up committing a new crime or losing your bond. What happens to my carry permit? If you are charged with burglary, a felony drug offense,…

Field sobriety tests are among the most misunderstood parts of a Tennessee DUI stop. What people believe these roadside exercises prove, and what Tennessee law actually does with them, are often two very different things. Here are five common beliefs about field sobriety tests in Tennessee, and what the law really says. Myth 1: You…

1. Your Arrest and Your First Court Date A Tennessee felony case that begins with an arrest begins in General Sessions Court, which is not the court where a felony is tried. After the arrest you are taken before a General Sessions judge without unnecessary delay. The judge tells you the charge, that you have…