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Campbell County criminal defense attorney

Whether you are pulled over, arrested, and taken into custody for a DUI or some other crime, you will want to know about the Miranda Warning. It is a key component of a police officer’s proper custodial procedures and must be followed in the correct sequence and responded to with the appropriate measures in order to ensure your Fifth Amendment rights are not violated. In addition, if you pay close attention to the Miranda Warning for your case, you might be able to help your criminal defense lawyer build on his or her strategy in defending you. 

What Is the Miranda Warning?

The Miranda Warning is a statement that arresting officers must read to you if they take you into custody and intend on questioning you. It reads as follows:

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Campbell County criminal defense attorney

It is true that misdemeanors are not as serious, carrying with them less severe penalties, than felonies. With such a major difference between these two types of general criminal classifications, it might be worth considering the differences between misdemeanor court and felony court in Tennessee. While these two courts serve slightly different purposes, the overall courtroom experience for both is entirely different in terms of procedures, as evidenced by their respective definitions and processes. 

Misdemeanor Court, Explained

Misdemeanor court is also referred to as general sessions court. During these proceedings, you as the alleged perpetrator of the crime are given the following choices in court:

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Campbell County criminal defense attorney DUI

As you may already know, in Tennessee, DUI is so serious that being convicted of it, even for the first time, can result in severe consequences, including jail time, fines, and revocation of your license. Indeed, not even a first-time DUI is considered a small offense in Tennessee. What is more, if you are pulled over for reasons other than drunk-driving and the officer discovers that you are also drunk, you could be faced with compounded charges in which you must defend against more than one offense. This is why probable cause can make or break a DUI case, and really, any criminal defense case for that matter.

What Is Probable Cause to Pull You Over in Tennessee?

Over the years, “probable cause” has become more loosely interpreted in the higher courts, both at the national and state levels. For instance, in Tennessee, pulling someone over even for the slightest presumption of guilt for breaking minor traffic laws is enough probable cause. After that, the police might perceive other things about your person or your property that leads them to suspect other more serious offenses. Like dominoes, the charges could pile up, and you might find yourself dealing with multiple charges, some of which could result from searches of your car or your property that you might have given consent for without even knowing it. 

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Campbell County criminal defense attorney traffic violation

Traffic laws are meant to keep everyone on the road safe, whether it is a vehicle driver, pedestrian, motorcyclist, or bicyclist. Recent Tennessee legislation enacted the STOP Act, which dictates how drivers should respond to school buses. Familiarize yourself with this newer law to avoid stringent charges. If you are accused of any traffic violation, you should immediately consult with a traffic violation attorney and prepare a thorough and rigorous defense. 

The STOP Act

According to Tennessee law, drivers must never pass a school bus that has stopped to unload children, regardless of the direction in which they are traveling. Once a school bus begins moving again, nearby drivers may also do so. Bus drivers may also signal drivers that they may proceed, and if they turn off the bus’s visual signals, drivers may pass. School buses have a stop sign on the side of their vehicle that extends out while their lights flash, so it is easy to recognize when a bus driver is stopping to unload children.

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Campbell County criminal defense attorney

Most states have requirements that prosecutors must meet before convicting a defendant for a criminal offense, and Tennessee is no different. If you face criminal charges, working with an attorney who has a rich understanding of and deep experience with Tennessee criminal law is vital if you hope to have potential penalties reduced or dropped altogether. You can develop a better understanding of how to prepare a defense by understanding all of the conditions that prosecutors must meet. With that said, it is always best to have an attorney help you pinpoint precisely how to build and present your defense to be protected by the law. 

Tennessee Criminal Law

According to Tennessee criminal law, no individual may be convicted for a criminal offense unless the following can be proven by the prosecution:

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