Criminal Charges in Tennessee: Frequently Asked Questions (FAQ)

Being charged with a crime can be one of the most stressful and confusing moments in a person’s life. Whether it’s a DUI, drug offense, or other criminal accusation, understanding the process and your rights under Tennessee law is crucial.

At Hagar & Phillips, LLC, our criminal defense attorneys in Lebanon, TN help clients throughout Wilson County and Middle Tennessee navigate complex legal situations with confidence. Below, we’ve compiled a comprehensive list of frequently asked questions about criminal charges in Tennessee to help you better understand the process.

1. What happens after someone is arrested in Tennessee?

After an arrest, you will typically be:

1. Taken into custody by law enforcement.
2. Booked at a local jail (fingerprints, photographs, and personal information recorded).
3. Informed of your charges and given the opportunity to post bail or appear before a judge for a bond hearing.

If you’re charged with a serious crime, you will have a preliminary hearing or your case will go before a grand jury to determine whether enough evidence exists for prosecution.

2. Should I talk to the police after being arrested?

No, not without an attorney present. You have a constitutional right to remain silent, and anything you say can be used against you in court. Even if you believe you are innocent, statements made under stress can be misunderstood or taken out of context.

Always request an attorney before answering questions. This is your legal right and one of the most important steps in protecting yourself.

3. What’s the difference between a misdemeanor and a felony in Tennessee?

The key difference lies in severity and punishment:

• Misdemeanors: Less serious crimes, such as petty theft or simple assault. Punishable by up to 11 months and 29 days in jail and fines up to $2,500.
• Felonies: More serious offenses like burglary, aggravated assault, or drug trafficking. Punishable by one year or more in prison and higher fines.

Tennessee divides felonies into Classes A–E, with Class A being the most serious (e.g., first-degree murder).

4. What is the statute of limitations for criminal charges in Tennessee?

This is the legal time limit for prosecutors to file charges:

• Felonies: Typically 3 to 15 years, depending on the offense.
• Misdemeanors: Usually 1 year.
• Serious offenses such as murder, child rape, or terrorism have no statute of limitations.

Because these time limits vary widely, it’s important to talk to a criminal defense attorney as soon as possible if you believe you’re under investigation.

5. Can I be charged with a crime if the police didn’t read me my Miranda rights?

Yes, but the evidence or statements you made while in custody may be excluded from court if your Miranda rights were not properly given.

Miranda rights must be read before questioning a suspect who is in police custody. If not, your attorney can file a motion to suppress those statements.

6. What happens at a criminal arraignment in Tennessee?

The arraignment is your first court appearance after being formally charged. During this hearing, you will:

• Hear the charges read against you.
• Be informed of your rights.
• Enter a plea of guilty, not guilty, or no contest.

Your attorney can often represent you at this stage and may negotiate for reduced bail or dismissal if the evidence is weak.

7. What are the possible defenses to criminal charges?

Every case is unique, but some common defenses include:

• Lack of evidence or insufficient proof beyond a reasonable doubt.
• Constitutional violations, such as unlawful search or seizure.
• Mistaken identity or unreliable witness testimony.
• Self-defense or duress in cases involving violence.
• Entrapment or procedural errors by law enforcement.

An experienced Tennessee defense attorney will analyze the facts, evidence, and procedures to build the strongest defense possible.

8. What if I’m a first-time offender?

Tennessee offers diversion programs and alternative sentencing options for certain first-time offenders. These may include:

• Judicial diversion, which allows a guilty plea to be expunged after probation.
• Pretrial diversion, where charges may be dismissed after completing certain conditions.
• Rehabilitation programs for substance abuse-related crimes.

These options can help you avoid a permanent criminal record but eligibility depends on the nature of your charge.

9. Will a criminal conviction affect my professional license?

Yes, it can. Certain convictions — especially those involving dishonesty, drugs, or violence — may result in suspension or revocation of professional licenses (such as for nurses, teachers, or contractors).

If you hold or are applying for a professional license, it’s crucial to seek legal guidance before entering any plea or accepting a conviction.

10. What are the penalties for a DUI conviction in Tennessee?

DUI penalties are among the most severe in the state and increase with each offense:

• First offense: Minimum 48 hours in jail, up to 11 months and 29 days, license revocation, and mandatory fines.
• Second offense: Minimum 45 days in jail, longer license suspension, and ignition interlock requirement.
• Third or subsequent offenses: Felony charges and possible prison time.

DUI convictions remain on your record permanently, so it’s vital to consult an attorney early.

11. Can criminal charges be expunged in Tennessee?

Some charges and convictions can be expunged, meaning they are removed from public record. Eligibility depends on the offense, the sentence served, and the time since completion.

For example, certain nonviolent misdemeanors and diversion cases are often eligible for expungement, while violent felonies and DUIs are not.

12. Why should I hire a criminal defense attorney?

An attorney protects your rights, challenges evidence, negotiates plea deals, and ensures you understand every step of the legal process. Criminal cases move quickly — and a strong defense early on can significantly affect your outcome.

At Hagar & Phillips, LLC, our criminal defense team represents individuals across Tennessee facing DUI, drug, assault, and other criminal charges. We provide clear, honest guidance and aggressive defense from start to finish.

Call today to schedule a consultation or visit Hagar & Phillips, LLC to learn more about how we can protect your rights and your future.

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