Opting for a seasoned and reputable Gallatin criminal defense attorney to represent you is best when charged with a crime. A skilled lawyer can help ensure you get a fair shot when fighting the charges leveled against you. The lawyer defends your rights and is present to make sure they are respected.
Having a defense attorney present gives you the best chance of being absolved of the charges or having the penalties reduced. Since lawyers are professionals with a variety of expertise in law and some specializing in a few areas of the law, it is wise to pick one specializing in criminal defense. At Nash Law, PLLC, we handle all kinds of criminal cases and have experience representing clients in Tennessee and courts.
Our Gallatin criminal defense lawyers are committed to helping each client that comes to us to help them fight for their rights. Winning these cases or ensuring you get a fair trial is founded on understanding the law and which requirements must be honored.
We will evaluate the circumstances in your case to ensure we develop a solid defense strategy. We always give an honest assessment of every case to ensure the client is aware of the issues at hand and the potential outcomes. Call us today at 615-NASH-LAW for a free consultation and learn more about how we can help you.
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What Are Your Rights as a Criminal Defendant in Tennessee?
The Bill of Rights has several amendments that play a crucial part in taming the criminal justice system to ensure people’s basic rights are not infringed. The amendments define what you are entitled to regarding your rights when facing a criminal charge. They include:
Fourth Amendment
It addresses search and seizure issues to protect you from unreasonable searches and seizures. That means the police cannot search you, your home, and your belongings within your home and take anything without a warrant granted by a judge.
Fifth Amendment
The amendment shield persons from being prosecuted or punished without awarding them due process, which entails serving them with a notice and respecting their right to being heard or defending themselves. It keeps you from being unjustly taken from your home and being punished without going through a trial. Moreover, it gives you the right to choose to remain silent to avoid incriminating yourself by what you say. That is why you must be read your Miranda rights when being arrested.
Sixth Amendment
The amendment states that every accused person has the right to a fair trial before their peers. The defendants also have a right to know the nature of their charges, to face the accusers and any witness, and are entitled to have legal counsel. The amendments also give them the right to bring witnesses in support of their defense. In addition, the trial must be held in the District or State where the supposed crime was committed.
Eighth Amendment
If in jail, you will get out after you pay bail. The payment also is an assurance that you will return to honor the court dates. And while the amendment supports the paying of bail, it also keeps courts from setting excessive bail amounts based on the judge’s feeling or prejudice against the accused. Furthermore, the defendant is protected from facing any cruel or unusual punishment.
Fourteenth Amendment
It embodies your rights as an American citizen to life, liberty, and property, which the government cannot deny you. The amendment also states that everyone has a right to due process when charged with a crime, meaning your rights must be respected and upheld even if accused of a crime.
What Is a Misdemeanor vs. Felony in Tennessee?
A felony is primarily a serious crime, one associated with a threat to lives or property. Under threats against a person, it can encompass domestic violence, robbery, manslaughter, assault, murder, rape, drug crimes, and DUI. As for crimes against property, it can include theft, arson, credit card fraud, malicious distraction, and burglary. Under the Tennessee Criminal Codes, a felony is categorized as a capital crime, class A felony, class B felony, class C felony, class D felony, and class E felony, according to the gravity of the crime committed.
A misdemeanor is a crime with a less severe impact (threat) to persons or property. However, we should point out that a misdemeanor can still bear significant consequences not limited to fines and serving some jail time. The punishment for misdemeanors is also based on the severity of the criminal acts and their impact. Misdemeanors in Tennessee are categorized as class A misdemeanor, class B misdemeanor, and class C misdemeanor based on the gravity of the crime.
A seasoned Gallatin criminal defense attorney from Nash Law, PLLC, will help take you through the definitions to help you come to terms with the potential outcomes of your case.
Should I Consult a Lawyer Before Speaking to the Police?
We highly advise against doing such a thing. According to state and federal law, you have a right not to talk to the police and a right to an attorney. Therefore, you are under no legal obligation to speak to the police when they want to have a conversation or question you about your actions when purporting that you committed a crime. Exercise your right and choose to speak only when your lawyer is present.
What Is the Habitual Offender Law?
A habitual offender is a person who is convicted of the same crime they had committed previously. Such an individual is also known as a multiple offender, persistent offender, or career criminal. Tennessee has laws that target habitual offenders, which pass down enhanced punishments that will deter others from engaging in such criminal acts.
How Can a Gallatin Criminal Defense Attorney Help Me?
The criminal defense lawyers at Nash Law, PLLC, are trained to assess cases and review evidence for weaknesses that can be exploited when developing a defense strategy that will result in a case dismissal, prevent the matter from being filled, or reduced punishment. Your attorney will help you in the following areas:
- Case preparation to help you be ready for the fight, guiding you on navigating the criminal law system.
- To file plea bargains if the outcomes of the cases are significantly unfavorable compared to the crime.
- Evaluating the circumstances and charges to determine the possible case outcomes.
- Having expansive knowledge of the criminal law and the court rules.
- Extensive trial experience gained from representing different clients over the years.
What Is the Cost of Legal Representation?
While legal counsel comes as a fee, money is not always the primary issue when handling criminal defense cases. We provide an initial free case review, consult with the client, asking questions to determine if we can represent the accused. Then we shall proceed once we have reached a fee arrangement.
Is There a Benefit to Having a Private Attorney vs a Court-Appointed Attorney?
In most situations, court-appointed lawyers are available to individuals who cannot afford to hire a lawyer. However, these law professionals are often overloaded with numerous cases that they can handle irrespective of the outcomes. Therefore, they might not provide adequate legal representation to many defendants. That is why a private Gallatin criminal defense attorney is the best option if you want better odds of getting a favorable outcome.
Can You Represent Yourself?
The law gives you the right to represent yourself. Furthermore, some individuals represent themselves during their trial, but only if a judge determines they are competent enough for such a role. And since the public is interested in fairness and achieving justice, incompetent persons represent themselves defeats the very purpose.
Should I Accept a Plea Bargain?
Always be wary of plea bargains. You could be offered the bargain under the guise that it is in your best interest given the seriousness of the offense and evidence against you that could see you face harsh punishment. However, most plea bargains are offered because the evidence against you does not hold water and the prosecution believes they will lose the case.
Appealing a Conviction in Tennessee
Your criminal defense lawyer can file a direct appeal, challenging the validity of the court’s decision, which must be done within 60 days after the judgment. It can be a brief submitted to the Tennessee Supreme seeking permission to appeal the sentence or conviction. Then the Attorney General’s Office acting on behalf of the State shall appoint a lawyer from the Criminal Appeals Division to file a responsive brief.
Let The Best Defense Lawyers From Nash Law, PLLC Fight For You
Sound judgments often seem impossible when charged with a criminal act. Making the right choices can become a challenge as emotions run high and stress adds salt to the wound. However, having a defense attorney present can ensure you are absolved of the charges or get a fair hearing to state your side of the story. At Nash Law, PLLC, we are attorneys committed to helping each client that comes to us to help them fight for their rights.
Winning these cases or ensuring you get a fair trial is founded on understanding the law and which requirements must be honored. We shall evaluate the circumstances in your case to ensure we develop a solid defense strategy. We always give an honest assessment of every case to ensure the client is aware of the issues at hand and the potential outcomes. Call us today at 615-NASH-LAW to schedule a free consultation with a Gallatin criminal defense attorney and learn more about how we can help you.
