Criminal Defense FAQs

Stay calm, don’t resist, and don’t answer questions beyond identifying yourself. Politely state that you want to speak to an attorney before answering anything else, then stop talking. Anything you say can be used against you, even if you think it’s helping your case.

You need a lawyer. Police are trained to gather evidence, not to help you avoid charges, even when they’re being friendly. An attorney protects your rights during questioning, at bail hearings, and throughout the case. At May McKinney, we can often intervene before charges are even filed.

Tennessee law generally requires you to be brought before a magistrate promptly, and a bail/arraignment hearing typically happens within 48-72 hours of arrest. Some charges (like DUI or domestic assault) carry a mandatory holding period of several hours before bond can even be processed.

A magistrate sets a bail amount based on the charge, your criminal history, and flight risk. You can pay the full amount directly to the court, or use a bail bondsman, who typically charges a non-refundable fee of around 10% of the bail amount (plus state fees) to post a bond on your behalf.

In Tennessee, either party can file a motion asking the court for a change in the bail or the conditions of the release. A change in bail cannot happen without notice and without either a hearing before the court or an agreement between the parties. The most common reason for prosecutors to file a motion to revoke bond is when a person charged with a crime is accused of committing another crime. For example, a person who has a pending DUI charge and then gets arrested on another DUI charge is likely to have a motion filed by the State to revoke his or her bond or to place more restrictions on his or her liberty.

Misdemeanors are less serious offenses generally punishable by up to 11 months, 29 days in jail. Felonies are more serious and carry a sentence of one year or more in state prison, along with steeper long-term consequences (employment, housing, firearm rights, etc.).

Most of the cases handled at May McKinney resolve through negotiation rather than trial, but that doesn’t mean you should accept the first offer. An experienced defense attorney reviews the evidence, challenges weak points in the state’s case, and negotiates from a position of strength, or takes the case to trial if that’s genuinely your best option.

Arraignment is where you’re formally read the charges against you and enter an initial plea (usually not guilty at this stage). It’s also often when bail is addressed if it hasn’t been set already. Having an attorney present from this point on matters, as decisions made early can affect the whole case. If you have hired May McKinney prior to your arraignment date, your personal appearance can usually be waived, and your attorney will go to the arraignment for you.

A motion is an application to the court requesting action or some type of relief in a pending criminal case. Usually, a motion addresses an issue that is within the court’s discretion to order some form of guidance on how the trial will proceed or on some evidentiary issue. The judge may order some act to be done or not done by the State of Tennessee or the citizen accused. In terms of pretrial motions, these are challenges to certain evidence being presented to the jury or judge due to some legal challenge that requires either evidence be allowed at or excluded from trial. Motions can also apply to certain procedural aspects of the trial, such as a motion to sever the offense. The State also sometimes files a motion to revoke bail bond.

A nolle prosequi, commonly referred to as nolle, is a formal declaration or motion by the prosecuting attorney that he or she will not prosecute the case further as to some of the counts of the indictment or to the entire case. A nolle is a discharge without an acquittal and is not a bar to a subsequent prosecution unless it is entered after the defendant has been put to trial before a jury duly sworn and impaneled. The most important thing about a nolle disposition is that it can be expunged from your criminal record.

It depends on the outcome. Dismissals, “not guilty” verdicts, and most diversions are generally eligible for expungement. Certain convictions may become eligible five years or more after your sentence (including probation) is fully completed, and you’re generally limited to expunging one felony or up to two misdemeanors in your lifetime. Not all offenses qualify though, so a case review is the only way to know for sure.

Fees vary based on the severity of the charge, whether the case is likely to go to trial, and how much work is involved. We offer a free initial consultation to review your situation and give you a clear, upfront estimate before you commit to anything.

If you qualify financially, the court can appoint an attorney to represent you at no cost. It’s still worth a consultation with us first, since caseloads and available time can vary, and you want to understand all your options before deciding how to proceed.