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criminal defense Archives

What is judicial diversion?

Being charged with a criminal offense can be a frightening experience, especially if it is your first-offense. Most likely, you feel overwhelmed and frightened about what your future will hold. You are faced with many questions like, Will I go to jail? What kind of punishment may I face? Will I lose my job?, and you may not know where to turn. The possible punishment you could face will depend on the crime you have been charged with. However, the good news is that as a first-time offender you may be eligible for judicial diversion.

Consider each option carefully for your criminal defense strategy

One of the aspects of facing criminal charges that can make defendants uncomfortable is not knowing what the outcome of the case might be. Some defendants might opt to fight the charges against them for as long as possible. Those defendants might decide that they want a jury of their peers to hear their case and to decide if they are guilty or innocent. Other defendants might opt to seek out a plea bargain for their case. We know that this decision is a very important one for all defendants.

What happens when you aren't the only defendant?

It's a common scenario in criminal defense: two or more people are charged related to the same crime or group of crimes. When you aren't the only defendant, you have to consider what the other person might do or say in your defense strategy. It's also probably not in your best interest to share an attorney or strategy with another person.

Criminal convictions aren't the end of the story

For a number of convicted defendants in Tennessee, summer 2015 provided a reprieve. Four men who were previously convicted of crimes saw their cases overturned during a 35-day period this year. Legal analysts have reported that such an amount of overturns in a short time period is unusual, and even more unusual is why the overturns occurred.

Protect your rights throughout the criminal justice process

In many of our posts, we have discussed various aspects of the criminal justice system. The one point that remains constant throughout these posts is that all defendants have the right to present a defense against the charges they are facing. In all these cases, the prosecution has to prove beyond a reasonable doubt that the defendant committed the crime. We know that facing the criminal justice system isn't what anyone would classify as easy.

Addressing criminal charges from any direction

The manner at which you approach a criminal defense case depends on a number of factors. You have to ask yourself what your priorities are with the case: Obviously, everyone would like to walk away completely cleared of charges, but realism is an essential skill in any defense. If an innocent verdict is not highly likely, then priorities may be to reduce sentencing as much as possible.

How are insanity defenses tested in court?

In television and movies, the insanity defense is quite popular. The ability to write drama -- particularly in a court setting -- around the insanity defense makes it a favorite of film and show creators. In real life, however, there is less drama and more procedure involved in proving an insanity defense.

Fifth and Sixth Amendments: Your right to counsel

Being charged with a crime can be a very confusing time, especially if it is your first time being arrested. Police officers can be intimidating, and it can be difficult for defendants to know when they are allowed and need to have an attorney present. Both the Fifth and Sixth Amendments of the U.S. Constitution lay out the citizens' right to counsel. Gaining a better understanding of these rights can help those charged with crimes understand when and how an attorney can help.

What effect does a drug-free school zone have on TN cocaine sale charges?

Many things can potentially influence how severe of charges a person can face in connection to allegations of having committed a given drug crime in Tennessee. In some instances, one such thing can be what location the alleged drug crime is alleged to have occurred at. This can be seen in a brief look at cocaine sale charges law in the state.

In Tennessee, injury allegations not always necessary for assault charges

Individuals who are convicted on assault charges here in Tennessee can end up being given some pretty significant punishments. Thus, facing assault charges can be a very scary, stressful and worry-filled experience for an individual.

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