Frequently Asked Questions About Criminal Defense
At The Law Office of Jeffrey Jones, answering questions is a large part of what we do for potential and existing clients alike. If you have been charged with a crime in Tennessee, we welcome the opportunity to hear about your situation and advise you on the next steps. Below are some questions people often ask in initial consultations.
I am under investigation for alleged drug crimes, a sex crime or a white collar crime. When should I bring a defense attorney into the picture?
The answer is clear: as soon as possible. Aggressive, timely defense work can often stop criminal charges from taking place at all. An opportune time to seek this positive outcome is during an investigation. Your lawyer may be able to persuade law enforcement officers or investigators that alleged evidence against you is inappropriate or inconclusive.
Is it true that I will be considered “innocent until proven guilty” after an arrest?
This phrase describes a cherished notion in our legal system that is also called the presumption of innocence. Numerous court cases, including U.S. Supreme Court decisions, have upheld this principle of criminal law. However, you may get bad publicity, lose your job and suffer other social consequences after an arrest or during an investigation. Getting quality, timely legal counsel is the best way to protect your reputation.
What is the difference between a felony and a misdemeanor and how will this difference affect my case?
The difference between a misdemeanor and a felony may rest on factors such as:
- Whether a deadly weapon was involved
- Whether a minor was present
- Whether someone was hurt
- How much of something was involved (how much money was allegedly stolen, how much blood alcohol content show up in tests or how many milligrams of illegal drugs were in someone’s possession)
Penalties for felonies are harsher than those for misdemeanors. A felony record may mean that you cannot vote or legally possess firearms. After you have been charged with a crime, a skilled defense attorney will strive to get your charges reduced to misdemeanor levels or dismissed altogether.
Can expungement give me a clean start after I have been in trouble with the law?
Expungement, which can erase records of an arrest or criminal conviction, is a legal process for people with criminal records involving certain nonviolent offenses. It can be an important step toward reentry to the full privileges that society has to offer lawful citizens. If you carry the burden of an arrest or conviction record, you owe it to yourself to learn whether expungement is an option for you. Ask an attorney!
When should you hire a criminal defense attorney?
Timing is critical when facing criminal charges in Tennessee. It is important to hire a defense attorney as soon as you are under investigation, before you have been arrested or shortly after arrest.
The right lawyer can strengthen your case considerably. Benefits of early representation include:
- Early case assessment: Provides immediate insight into charges, potential penalties and legal options
- Strategic guidance during investigations: Guides you during interactions with law enforcement
- Evidence preservation: Acts quickly to secure evidence and prevent loss or tampering
- Mitigation of charges: Advocates on your behalf for reduced charges, diversion programs or even case dismissal
- Negotiation leverage: Confidently negotiates with prosecutors for favorable plea deals or alternative resolutions
- Preparation for court appearances: Prepares you for arraignments, bail hearings, and other early proceedings that can shape the case trajectory.
Additionally, an experienced lawyer can help ensure your constitutional rights are upheld from the start, serving as a protective buffer between you and the authorities.
Can you reduce felony charges to a misdemeanor?
Reducing a felony charge to a misdemeanor offers significant advantages. Misdemeanors typically carry less severe penalties, such as lower fines, shorter jail sentences and fewer long-term consequences. For example, a felony conviction in Tennessee may affect your gun ownership rights, voting eligibility and employment opportunities impacts misdemeanors may not trigger.
One important factor is the strength of the evidence against you. If the prosecution cannot prove the felony elements beyond a reasonable doubt, the court may consider lesser charges. In some cases, you may qualify for a diversion program, especially if the charges involve drugs or alcohol. Successful completion could result in reduced charges or even dismissal.
You might also be offered a plea bargain. By pleading guilty to a misdemeanor, you may be able to avoid trial and the risk of a felony conviction. Every situation is different, and specific outcomes depend on the facts, your criminal history and the discretion of the court.
Our team can help you evaluate your options and pursue the best possible outcome under Tennessee law.
How Can I Get Personalized Answers To Questions About My Case?
There is no substitute for a confidential consultation with a lawyer. To schedule one with our firm, call 901-410-5751 or send an email inquiry.