The criminal justice system can be confusing and overwhelming. For guidance about criminal procedures and help building a defense, contact a skilled and knowledgeable criminal defense attorney.
Learn More About Criminal Defense
An arrest for any charge, from shoplifting to murder, pits you against the power of the government. An experienced criminal defense lawyer can help equalize the balance of power. Rob McKinney, Attorney at Law, has been protecting the rights of the accused in Nashville, Tennessee, and the surrounding area since 1994.
To learn more about how Rob McKinney can assist you, please review the information below and visit the criminal defense section of this website. To arrange a free initial consultation with an experienced and effective criminal defense lawyer, please contact Rob McKinney, Attorney at Law by e-mail or call toll free 866-603-2842.
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Frequently Asked Questions About Criminal Defense
Q: Do I need a lawyer's help if I am accused of a crime?
A: It is in your best interest to consult a criminal defense lawyer as early as possible if you suspect you will be facing the criminal justice system. Whether or not you believe you have been wrongfully accused, an attorney will fight for your legal and constitutional rights, and monitor the proceedings for legality and fairness. If you cannot afford an attorney, you may be eligible for free legal counsel.
Q: What is the difference between a felony and a misdemeanor?
A: The traditional definition of a felony is a crime that is punishable by a year or more in jail. A misdemeanor is a crime that is punishable by imprisonment of less than one year. Felonies are more serious crimes than misdemeanors. Exact definitions may vary by jurisdiction.
Criminal Defense - An Overview
The criminal justice system can be overwhelming and frightening. The incarceration rate in the United States is much higher than that of many other industrialized countries. Prison sentences are getting longer and more frequent. If you face the possibility of being accused of a crime, contact an experienced criminal defense lawyer as early in the process as possible, preferably even before questioning or investigation by the police. A criminal defense lawyer can fight to protect your legal and constitutional rights. Don't delay. Contact Rob McKinney, Attorney at Law in Nashville, TN, today to schedule a consultation with an attorney.
Constitutional Protections for the Criminal Defendant
The United States Constitution and its subsequent amendments define the scope of governmental power and reserve certain individual rights to the people. The first ten amendments, also called the Bill of Rights, contain basic, fundamental rights of individuals on which the government may not impinge. Many of these constitutional rights provide protection to criminal defendants in the criminal-justice system. The 14th Amendment extends substantive due-process rights beyond the federal system to criminal defendants in state courts, where the vast majority of criminal trials occur.
Classifications of Crimes
Because the negative behavior regulated by criminal laws varies from relatively minor to devastatingly violent, crimes are classified into levels or degrees. The classification of a crime reflects its seriousness. The actual classification of a particular offense varies depending on the jurisdiction.
The Right to Counsel
The right to legal counsel is a fundamental right of criminal defendants under the U.S. Constitution. Many state constitutions also include this right, and some states provide broader rights to counsel than the federal constitution does. However, state defendants are still entitled to lawyers in certain scenarios, even if their state constitutions do not provide such rights, under the federal constitution via the 14th Amendment.
Finding a Job After a Criminal Conviction
If you have been convicted of a crime, you may wonder if you will be able to find employment. Employers are becoming increasingly concerned about knowing whether applicants have criminal records. Part of this fear stems from large jury verdicts that have been rendered against employers for negligently hiring people with criminal histories who subsequently caused harm to others while on the job. Another worry for employers relates to whether they will have to disclose employees' criminal conviction to others. For example, if a company is trying to raise capital, it may need to make certain disclosures to a bank. Will the company have to disclose that an employee has a criminal conviction for embezzlement or money laundering?
Criminal Defense Resource Links
Capital Defense Handbook For Defendants and Their Families
"Capital Defense Handbook For Defendants and Their Families" provides information and advice about death-penalty cases from the defense point of view.
ACLU: Prisoners' Rights
Resource provided by the American Civil Liberties Union with information on national and state efforts to recognize and protect prisoner's rights.
Justice Denied
"Justice Denied" is a magazine devoted to helping people who have been wrongly convicted of crime in the U.S. and internationally.
The Sentencing Project
A national leader in the development of alternative sentencing programs and in research and advocacy about criminal justice policy.
Prison Policy Initiative
The Prison Policy Initiative conducts research and advocacy about incarceration and criminal justice policy.
