Criminal Law FAQs

A good criminal defense lawyer protects the innocent from wrongful prosecution as well as the quais innocent person from over-prosecution. So that deserves an explanation. Lawyers don't help people get away with criminal offenses contrary to popular opinion. They protect and defend the constitution, and provide that there is a fair process betweem the charging arm of the state and the citizen. When should you contact one? Whenever you are accused or suspected of a criminal offense. NEVER speak to the police without first consuting an attorney. And remember that NO GOOD ATTORNEY is going to let you speak to police after you hire them. If your attorney suggests that you take a stroll down to the police station to talk to the detective, hire another attorney QUICKLY.

The primary difference between a misdemeanor and a felony is the length of sentence and/or the seriousness of the offense. But there is a bigger difference and that is the result one or the other would have as a consequence to your criminal record. Make no mistake, both are bad for your record. But the Felony has long lasting consequences. Make sure you consult with an Attorney before negotiating the outcome of any criminal offense.

A criminal case usually begins with an arrest, citation, or investigation. From there, a person may be booked, released on bond, and given a court date. The case then moves through early court appearances, discovery, motions, negotiations, and sometimes hearings on evidence or suppression issues. Many cases resolve through dismissal or plea agreement, but if no fair resolution is reached, the case can proceed to trial where the government must prove guilt beyond a reasonable doubt.

The fact that you woudl have to ask this question means you have never followed my YouTube Channel (DrJudge) or read my book ("I Don't Answer Questions" on Amazon today).
In almost EVERY situation the answer is an emphatic NO. You always have the right to remain silent and the right to ask for a lawyer. It is ALWAYS a mistake to try to “talk your way out of it,” or to "tell your side" because statements can be misunderstood, twisted, and always used against you later. Be polite, but confident. Identify yourself if required by law, and clearly say that you want a lawyer and do not wish to answer questions.

After an arrest, you still have important constitutional rights. These include the right to remain silent, the right to an attorney, the right to be free from unlawful searches and seizures, and the right to require the government to prove its case in court. You also have the right to know the charges against you and, in most cases, to have bond considered. Exercising your rights early can make a major difference in the outcome of your case.

Missing court or violating bond conditions can make a bad situation much worse. The court may issue a warrant, revoke or increase your bond, place you in custody, or add new charges depending on the circumstances. Even an honest mistake can create serious problems. If you think you missed court or may have violated a condition, contact your lawyer immediately so the issue can be addressed as quickly as possible. There are occassions when a lawyer can set aside the forfeiture or failure to appear warrant and get the case back on the docket without an arrest. But time is not your friend in this situation. Call a premiere Criminal Defense Attorney today.

Bail is usually based on factors such as the charge, criminal history, ties to the community, prior failures to appear, and whether the court believes the person is a risk to public safety or a flight risk. Yes, bail can often be challenged and, in some cases, reduced. A defense lawyer can request a bond hearing and present information that supports a lower, more reasonable bond.

Sometimes, yes, but it depends on the charge, the outcome of the case, and the law in your state. In Tennessee what you are talking about is an "expungement". The Distruction of Records Act controls this kind of thing. Dismissed charges, no true bills, and some convictions may qualify for expungement or other forms of relief, while others may not. The key is to think about the long-term impact from the beginning, not after the case is over. A smart defense strategy should always consider whether your record can be protected in the future, before you enter into the plea agreement.

A plea bargain is an agreement in which the accused agrees to resolve the case without a trial, often in exchange for reduced charges, lighter punishment, or some other negotiated outcome. Whether you should consider one depends on the strength of the evidence, the risks of trial, the possible penalties, and the long-term consequences of a conviction. A good lawyer will help you compare your options carefully so you can make an informed decision, not a rushed one.

Criminal charges can affect far more than just your court case. Depending on the allegation, you could face problems with employment, background checks, professional licensing, security clearances, firearm rights, housing, and immigration status. Even before a conviction, an arrest alone can create serious consequences. That is why it is critical to take any charge seriously and get legal advice early.

The earlier a defense lawyer gets involved, the more they can do to protect you. In some cases, a lawyer can intervene before charges are filed, help prevent damaging statements, preserve favorable evidence, challenge unlawful searches or seizures, and start shaping the defense from day one. Waiting too long can mean lost evidence, missed opportunities, and avoidable mistakes.

Bring everything related to your case: citations, warrants, bond papers, court notices, charging documents, police paperwork, bail information, and any texts, emails, photos, videos, or witness names that may matter. Also bring a written timeline of what happened while the facts are fresh in your mind. The more organized and honest you are at the first meeting, the faster your lawyer can begin helping you.

Your lawyer needs complete honesty, good communication, and every relevant fact, even facts you think may hurt your case. Surprises are dangerous in criminal defense. Your attorney also needs documents, names of witnesses, digital evidence, and prompt updates about any contact from police, prosecutors, or alleged victims. The strongest defense is built when the client is truthful, responsive, and follows legal advice.

I’ve been defending people charged with crimes for nearly 30 years—and I’ve spent almost 40 years on every side of the system. I started as a police officer, trained and served in the Nashville District Attorney’s Office, and now serve as a Night Court Judge since 2023. I don’t just know the system—I’ve lived it. When you want experience, you call David Ridings. He has the kind of experience that you don't get from a book!

Criminal defense is what I do. 100%, full stop! When your freedom is on the line, you don’t want a generalist—you want someone who handles criminal cases every single day. That’s my focus, and, quite frankly, my edge.

I certainly have handled every kind of criminal case from Driving without a license to Murder.
Most of my practice is devoted to DUI, drugs, and related charges. Everything from simple misdemeanors to violent felonies, including weapons offenses, and complex criminal investigations. If it’s being prosecuted in Tennessee, chances are I’ve handled it—and I know how the State builds those cases and where they break down.

This FAQ matters more than most people know. The short answer is yes, of course. I have always told people that being a criminal defense lawyer comes down to maintaining relationships and understanding personalities (even more than the law in some cases). The old law school saying that "a good lawyer knows the law, and a great lawyer knows the judge" is so true. For example, in Nashville there are eleven General Sessions Court Judges. (ELEVEN!). That's a big number. And you guessed it.... some are great judges and a couple of them are, well, ... not so great! When you need the right relationship, David Ridings has 40 years worth of them.

We prepare every case as if it’s going to trial from day one. That’s how you get leverage. When the State knows you’re ready to fight, better outcomes follow—whether that’s dismissal, reduction, or a strong position at trial. When the DA knows he is dealing with a lawyer that never goes to trial, and never will, you can tell by the offer from the state. And that's true whether the DA admits it or not. The DA will negotiate his best deal with the lawyer he respects and knows will take a case to trial... (and sometimes win). If you are interviewing lawyers, ask the prospective lawyer "have you ever been to a jury trial". Most will have to admit they have not. In fact you might be surprised at how many have never tried a single jury trial. While they are not common. It is impartive that the DA knows your lawyer will try one if he has to.

It comes down to leverage, risk, and long-term consequences. I evaluate the strength of the evidence, the exposure you’re facing, and what the State is offering. Then I give you a straight answer. My job is not to push you into a deal—it’s to put you in the best position to make the right deal and ultimately the right decision. A good criminal defense attorney will try to put you in the best position to negotiate your case. I know from experience what the DA's office will offer, so I will have you do that stuff in advance in most cases. Take my advice, and. you will be in the cat bird seat when it comes to negotiating a deal.

Tough question to answer without bragging. But every case is different, and success to one client may differ from that of another client. In this business there are "degrees" of winning. And no honest lawyer promises outcomes. What I can tell you is this: my entire career has been built on getting results—dismissals, reductions, and protecting my clients’ records whenever possible... (all the while protecting my name in the legal community as well). Becuase what you say must be relied upon by others and how you treat people matters. You know what else matters? Results matter! And that’s what I focus on.

How am I doing? Well, I guess you can ask ChatGPT that question. And read the over 200+ 5 star reviews on Google, Avvo, Justia, and other sites. Becuase what really matters? What I say my stats are? Or what other people say about me? I'm betting the latter is what's important to you.

The number one complaint of a lawyer is "lack of communication". Period. Full stop! That is exactly why I break things down so you understand exactly what’s happening and what your options are—without drowning you in legal jargon. You’ll always know where your case stands, what the risks are, and what comes next. Clear communication wins cases. And clear communcations is what my clients deserve.

This isn’t something I “check in on”—it’s what I do every day. Between practicing law, serving as a Night Court Judge, and staying active in the legal community, I’m constantly working inside the system as it evolves. I am constantly content creating and teaching others about the system and how to interact with it. Staying current isn’t optional in this field—it’s required. If you don't stay ahead, you are already behind.

At Ridings Law Group, we primarily use flat rate fees for criminal defense cases, so you know exactly what you’re paying upfront. No surprises, no watching the clock, and no wondering what a phone call or court appearance is going to cost you. In more complex or unusual cases, we may use a structured fee arrangement—but the goal is always the same: clarity, predictability, and value. When you hire a Nashville criminal defense attorney, you should know what you’re getting and what it costs from day one.

Our legal fee typically covers the work required to defend your case—court appearances, negotiations with prosecutors, legal strategy, and ongoing communication. However, some cases involve additional third-party costs, such as court filing fees, expert witnesses, investigators, or specialized testing. Those costs are always discussed in advance. We don’t believe in surprises. If something is necessary to strengthen your defense, you’ll know about it—and you’ll understand why it matters.

We offer free and detailed consultations so you can understand your situation, your options, and what’s at stake. This is not a sales pitch—it’s where we start solving the problem. When you speak with an experienced Nashville criminal defense lawyer, you should leave that conversation with clarity, not confusion. Whether free or paid depending on the situation, the goal is the same: real answers, real strategy, and real direction from the start.

Yes. We understand that hiring a criminal defense attorney is an unexpected expense for most people. That’s why we offer flexible payment options in many cases. The priority is getting you protected quickly—not delaying your defense because of finances. If you’re serious about your case, we’ll work with you to find a structure that makes sense.

In some cases, yes, a retainer may be required depending on the scope and complexity of the case. The amount varies based on the charge, exposure, and expected work involved. Any fee structure will be clearly explained before you hire us. If a retainer applies, we follow all ethical rules regarding how those funds are handled, including whether any portion is refundable. The key point: you will understand the financial agreement before you sign anything.

Communication is not optional—it’s part of the defense. We keep clients informed at every critical stage: court dates, negotiations, filings, and strategy decisions. You will know where your case stands and what comes next. At Ridings Law Group, we believe an informed client makes better decisions—and better decisions lead to better outcomes. Everyone has my personal cellphone number. I am always accesible and return all calls SAME DAY (usually within a couple of hours) but always same day.

When you hire our firm, you are not handed off and forgotten. You will have a clear point of contact, and that is Mr. Ridings himself. You will have access to the most experienced legal guidance throughout your case. While we operate as a team when needed, the focus is always the same: your case gets the attention it deserves from David Ridings himself. He is the face and voice of this firm and the reason you are likely reading this FAQ.

We prioritize responsiveness because timing matters in criminal cases. While court schedules and active hearings can affect immediate availability, we make it a priority to respond as quickly as possible. If something is urgent, we treat it that way. When your freedom is on the line, you shouldn’t be left wondering if your lawyer is paying attention.

That's an excellent question becuse sometimes no news is in fact good news. But, you can expect updates whenever something meaningful happens in your case—not radio silence. Criminal cases don’t move every day, but when they do, you’ll know about it. We also encourage clients to reach out with questions. The goal is simple: you’re never in the dark about your own case.

Another good question. Usually the cellphone is my "go to". If you need me, call me. If a short answer text is sufficient, then of course use that. But the bottom line is I will communicate with you however you wish to do so. But the frontline is the cellphone by call or text.

Yes—and many cases are. Charges can be dismissed or reduced based on weak evidence, constitutional violations, lack of proof, or strategic negotiation. The key is identifying those weaknesses early and applying pressure where it matters. At Ridings Law Group, we prepare every case like it’s going to trial—that’s what gives us leverage to get charges dropped or reduced whenever possible.

Being “charged” usually means a case has been filed by a police officer or prosecutor, often through a warrant or citation. An “indictment” means a grand jury has reviewed the case and formally accused you of a crime. In Tennessee, indictments are typically used for more serious charges. Either way, the accusation is not a conviction—and the State still has to prove its case.

Probation means you’re serving your sentence in the community instead of jail, under specific conditions like reporting, staying out of trouble, and sometimes drug testing. Parole is similar, but it comes after you’ve already served time in prison and are released early under supervision. Both come with strict rules—and violations can send you back to jail quickly.

A conviction can follow you long after the case is over. It can impact employment, professional licenses, housing, firearm rights, and immigration status. Some convictions stay on your record permanently. That’s why the focus isn’t just on “getting through” the case—it’s on protecting your future from the very beginning.

Do not wait. This is one of the most critical stages of a case. If you believe you’re under investigation, do not talk to law enforcement and do not try to “clear things up” on your own. This is where a defense lawyer can sometimes prevent charges from ever being filed. Early action creates options. Waiting closes them.

In many situations, yes—you have the right to refuse consent to a search. If law enforcement has a valid warrant or a legal exception applies, they may still proceed. But you are not required to give permission. The safest approach is simple: be respectful, but clearly state that you do not consent to any searches.

Miranda rights are your right to remain silent and your right to an attorney during custodial interrogation. If law enforcement questions you while you’re in custody without advising you of those rights, your statements may be challenged and potentially excluded. But here’s the key point: Miranda is not a magic escape—it applies in specific situations. The best move is to assert your rights clearly from the start.

No—and this is where people make their biggest mistake. Innocent people talk because they think the truth will protect them. It doesn’t. Statements get misunderstood, taken out of context, or used against you. The safest and smartest response is:
“I don’t answer questions without a lawyer.”
Then stop talking.

These are early stages of your case, and each one serves a different purpose. At an arraignment, you’re formally advised of the charges and enter a plea—usually “not guilty.” A preliminary hearing is where the State must show there is enough evidence to move the case forward. A pretrial conference is where negotiations, strategy, and potential resolution are discussed.
 
This is where cases are shaped. A strong Nashville criminal defense attorney uses these stages to challenge the State’s evidence, preserve issues, and start positioning your case for dismissal, reduction, or trial.

This is where I have some REAL LIFE experience. I personally have been wrongfully accused of a very serious criminal offense. The full story is in my book (I Don't Answer Questions, on Amazon).

So, in short, YES! But — not automatically. Being falsely accused is a defense, but it still has to be proven through evidence, inconsistencies, and strategy. The reality is this: people are wrongly accused every day, and the system doesn’t fix it on its own.
 
That’s where defense work comes in—breaking down the accusation, exposing weaknesses, and forcing the State to prove something they may not be able to prove. False accusations can absolutely lead to dismissal—but only if they’re properly challenged.

First impressions matter—especially in court. Dress clean, conservative, and respectful. Think business casual at a minimum. No hats, no shorts, no distracting clothing. This is where I tell people "dress up as nice as you are comfortable dressing" without spending money on a new suit or something. But you cannot over-dress for court. Looking like the lawyer is always a good thing.
 
Just as important: how you act. Be respectful, stay quiet unless your lawyer advises you to speak, and never interrupt the judge. The court is watching everything—how you present yourself can influence how your case is perceived.

Yes. You have the right to choose your lawyer if you have hired a lawyer. If you’re not getting communication, strategy, or confidence in your representation, you can make a change.
 
That said, timing matters. Changing lawyers late in a case can cause delays or complications. If you’re considering it, don’t wait—make the decision early so your new attorney has time to step in and take control of your defense.

In contrast, if you are appoitned an attorney, you don't get to pick the one that gets appointed, but you still have options if they are not serving you well. While you cannot "pick" your public defender, you can fire one and get the court to appoint another one if they are not doing the job. But be careful here... judge's scrutinize those motions to fire you lawyer and change lawyers very seriously.

Public defenders are dedicated, hardworking lawyers—but they are often handling extremely high caseloads. A private criminal defense attorney in Nashville typically has more time, flexibility, and resources to focus on your specific case.
 
When you hire private counsel, you’re hiring time, access, and strategy. You’re making sure your case doesn’t get lost in a system that moves fast and doesn’t slow down for anyone.

Short answer is "maybe". But by law you do not HAVE to testify if you don't want to testify. Your lawyer will help make this decision with you. But in the end it is your decision to make.

Constitutional Answer: No—you have the absolute right not to testify. The State cannot force you to take the stand, and they cannot use your silence against you.
 
Whether you should testify is a strategic decision that depends on the facts of your case, the evidence, and how the defense is structured. That decision is made carefully, not emotionally, and always with your long-term outcome in mind.

Yes—and in many cases, those factors are critical to the outcome. Courts often consider treatment-based alternatives, diversion programs, or structured resolutions when mental health or substance abuse is involved.
 
Handled correctly, these issues can become part of a strategy to reduce charges, avoid jail, or protect your record. Ignored, they can make things worse. The key is addressing them early and presenting them the right way.

Yes, and it can make a significant difference. First-time offenders are often eligible for alternative resolutions such as diversion, reduced charges, or probation instead of jail.
 
But here’s the mistake people make—they assume the system will automatically go easy on them. It doesn’t. You still need a strong defense to position your case correctly and take advantage of those opportunities.
 

Yes, and it can make a significant difference. First-time offenders are often eligible for alternative resolutions such as diversion, reduced charges, or probation instead of jail.
 
But here’s the mistake people make—they assume the system will automatically go easy on them. It doesn’t. You still need a strong defense to position your case correctly and take advantage of those opportunities.
 

Expungement means your record is essentially erased—destroyed. It is essentially removed from public view, and in many cases, you can legally say the charge never happened. Record sealing, on the other hand, limits who can see your record, but it may still be accessible to certain agencies or under specific circumstances.


In Tennessee, we don't really "seal" criminal records, although we may file certain evidence under "seal". But your eligibility depends on the type of charge and how the case was resolved. The key is this: not every case qualifies for expungement, and the way your case is handled from the beginning can determine whether you’ll be able to clear your record later.


That’s why a strong defense strategy doesn’t just focus on today—it focuses on your record years from now.

Maybe. For our own clients we do these kinds of cases, but not for the general public. In other words, if I have handled your case for trial, I may be involved in the appeal. But I don't do appeals for new clients. There are lawyers that specialize in that kind of thing and I leave the appellate work to them. (with some limited exceptions).