Law Office of Rob McKinney
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Criminal Trial Practice Archives

Do you have to prove your innocence in a criminal trial?

Thanks to TV shows and other dramatizations, you may have an incorrect understanding of how the justice system works when you face criminal charges. Many factors play a role in how your case will proceed, such as what the charges are and who is prosecuting you. You may be able to settle things without a trial.

What Is Restorative Justice and Is It Right For Nashville?

There is a growing consensus among Nashville civic leaders for the city to initiate a restorative justice program. Davidson County District Attorney General Glenn Funk has just come out in favor of such a program, joining Mayor Megan Barry and other officials who have previously expressed support. There is already a pilot program under development in Juvenile Court that is focusing on cases involving certain types of burglaries. But as with other proposed municipal initiatives, finding additional funding for the development and implementation of a full-scale program remains a problem.

Should Your Lawyer Waive Your Preliminary Hearing?

Conducting a preliminary hearing is one of the most fundamental building blocks of building a great defense for your criminal case. Waiving a preliminary hearing means you give up your right to require the state to put on evidence indicating your guilt. Yet, I see lawyers waive their client's right to have a preliminary hearing daily. Waiving a preliminary hearing seems more common in the counties outside of Nashville like Sumner County, Williamson County, and Rutherford County.

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