Facing criminal charges can be one of the most overwhelming experiences in your life. Whether you are charged with a misdemeanor or a serious felony, the consequences can be life-altering. To limit the negative impact your arrest has on your life it is critical to understand that from the moment you are accused of a crime, the decisions you make will significantly affect the outcome of your case. To help you make the right decisions, a Murfreesboro criminal defense
attorney at Bennett | Michael | Hornsby explains five critical things you need to know if you are a defendant in a criminal case in Tennessee
- You Have the Right to Remain Silent—Use It. One of the most important rights you have as a defendant is found in the 5th Amendment to the U.S. Constitution. Commonly referred to as your “right to remain silent” it can be a powerful tool if used appropriately. Simply put, you are not required to answer questions posed by law enforcement officers beyond providing identifying information. Anything you say can, and likely will, be used against you in court. People often try to explain themselves or convince law enforcement they are innocent; however, the more likely outcome is that their words are ultimately used as evidence to convict them. If you find yourself under arrest, you can avoid this common mistake by politely indicating that you will not answer questions without an attorney present. Keep in mind that invoking your right to remain silent cannot be held against you at a later time, meaning to have nothing to lose and everything to gain by keeping quiet.
- Understand the Charges and Possible Penalties. Like most states, Tennessee classifies criminal offenses into two main categories: misdemeanors and felonies. Each category has different levels of severity and corresponding penalties. For example, a Class A misdemeanor can carry up to 11 months and 29 days in jail and a fine of up to $2,500. A Class A felony, on the other hand, can result in 15 to 60 years in prison. These, however, are only the direct, judicial penalties you face if convicted. It is equally important to understand the indirect, non-judicial penalties, such as suspension of your driving privileges, disqualification for employment, or immigration related consequences. Your attorney can explain how prior convictions, aggravating factors, or the facts of your case may affect sentencing as well as explain any additional consequences you may face if you are convicted.
- Hiring a Criminal Defense Attorney Is Imperative. Whether you are facing a DUI, drug possession, theft, assault, or any other charge, having an experienced criminal defense attorney is essential for several reasons. The criminal justice system is complex, and attempting to navigate it by representing yourself can be extremely risky. An experienced attorney will explain the charges, advise you on your legal options, challenge the evidence against you, and develop a defense strategy that protects your rights, your freedom, and your future.
- You May Have Alternatives to Jail Even If You Are Convicted. Depending on the nature of your charges, your criminal history, and other factors, you may qualify for alternatives to incarceration, including probation, pretrial diversion, or judicial diversion programs for eligible first-time offenders. While a probation-only sentence means a permanent conviction, the diversion programs allow you to avoid a conviction. You may need to complete a period of time on probation as well as complete community service, counseling, or other conditions, but if you do successfully complete all the terms of the program, your charges may be dismissed and expunged from your record.
- What You Do Right Now Matters. The steps you take–and how quickly you take them– after being charged with a crime will have a direct impact on the outcome of your case. The sooner you get an experienced criminal defense attorney involved, the better your odds are of reducing negative consequences. In the meantime, do not discuss your case with anyone (except your attorney), including friends and family members as they can be called to testify against you. In addition, do not mention anything about your case on social media posts as those can be used as evidence against you. Be sure to abide by all release conditions and show up for all court dates to avoid additional charges being filed against you.
Contact a Murfreesboro Criminal Defense Attorney
If you have been charged with a criminal offense in Tennessee, consult with an experienced Murfreesboro criminal defense attorney at Bennett | Michael | Hornsby as soon as possible to discuss your legal options. Contact the team today by calling 615-898-1560 to schedule your free appointment.
Stan’s practice at Bennett & Michael focuses on Personal Injury, Criminal Defense, Divorce, and Family related matters.He also practices in the United States Court of Appeals for Veterans Claims, in Washington D.C.
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