Criminal Defense Lawyers Knoxville, Knox County, TN
Boldly defending clients throughout the greater Knoxville area
Being arrested for any type of crime is traumatic. The criminal justice system and process can seem daunting and intimidating, and one wrong move can land you in jail or prison. You want the help of a skilled lawyer on your side, fighting for your rights and your future.
At Banks & Jones, Attorneys at Law, we are formidable Knoxville criminal defense lawyers who deftly handle the most complicated criminal defense cases. Not only do we support you and protect your rights, but we can also work closely with you to develop effective defense strategies unique to your situation. For more than 25 years, our team has helped clients throughout the greater Knoxville area facing charges at both the state and federal levels.
How can we help:
- Fighting for clients facing the toughest criminal charges
- Should I try to work out my criminal case on my own before contacting an attorney?
- What are the stages of a criminal case?
- How does a Knoxville defense lawyer fight for defendants?
- What additional legal concerns do criminal charges raise?
- What is the difference between felonies and misdemeanors?
- Tennessee charges vs. federal charges
- FAQ
Fighting for clients facing the toughest criminal charges
Our experienced team of Knoxville criminal defense lawyers routinely handles some of the most complex, high-visibility cases in Tennessee – but we also handle cases that other attorneys may let slip through the cracks. We believe that everyone is entitled to a strong defense, whether they are facing federal charges or a speeding ticket. You can rely on us to help you with:
If you are charged with simple assault in Tennessee, it’s a Class A misdemeanor and punishable by up to 11 months and 29 days in jail, although many cases involve probation or other non-custodial sentences. If, however, the prosecution charges you with aggravated assault, you could face felony charges and significant time in prison in some cases, depending on the classification of the offense. All assault charges can have serious consequences.
A BAC of 0.08% or higher constitutes DUI per se under Tennessee law, although a driver may still be charged at a lower BAC if impairment is shown. If convicted, you could face jail time, costly fines, and loss of your driver’s license. Our lawyers have experience defending clients against DUI charges in Tennessee, and we know how to pursue defenses and negotiations aimed at reducing exposure and seeking the best available outcome under the law.
In addition to carrying a stigma, drug crimes in Tennessee carry penalties that vary widely. Some charges may be misdemeanors, while others are punishable by lengthy prison sentences. If you face charges for the possession, simple possession, sale, delivery, or manufacturing of marijuana, cocaine, methamphetamine, or other illegal drugs, our Knoxville criminal defense lawyers can help you craft a solid defense.
Everyone makes mistakes, especially children. But what you may not realize is that if your child is arrested, his or her future may be in jeopardy. When your child is arrested for drugs, drinking, DUI, theft, or other crimes, you need professional help. Our Knoxville criminal defense attorneys provide high-quality legal services to parents of teens and children accused of committing juvenile crimes.
Taking the life of another human being is the most serious offense in the criminal justice system. To successfully defend against a criminal homicide charge, you must retain experienced counsel. But there are different types of homicide. Did you kill in self-defense? Was the homicide justifiable? We know what is on the line if the charges stick, and we will do whatever we can to uphold your rights and protect your freedom.
Charges of rape and sexual assault are among the most serious charges a person can face. Rape is charged as a felony offense in Tennessee. If convicted of certain qualifying sex offenses, you may be required to register as a sex offender under Tennessee law, which means you’ll continue to pay long after you’ve left prison. You can trust us to build a strong and aggressive defense case on your behalf.
You may be charged with reckless driving if you display a wanton disregard for the safety of others while operating a vehicle. Speeding, swerving, and tailgating may all be considered reckless driving. Most people are unaware that reckless driving is a Class B misdemeanor in Tennessee, punishable by up to six months in jail and/or a fine of up to $500.
In Tennessee, robbery is a theft crime against a person. The state treats robbery offenders harshly. Depending on whether you are charged with robbery or aggravated robbery, you could be facing a significant prison sentence.
Theft crimes, even petty theft, can affect your ability to obtain employment in certain fields in the future. Some theft crimes are felonies, meaning that if you are convicted, you could face more than a year in prison. Confident and experienced, our lawyers are prepared to defend you in the courtroom and in all other legal proceedings.
So-called “white collar” crimes are often handled at the federal level. If you are facing charges of fraud, embezzlement, RICO, money laundering, or other non-violent offenses, our team has the resources and experience to defend your rights.
Should I try to work out my criminal case on my own before contacting an attorney?
It’s almost never a good idea to try handling your own criminal case before talking with an attorney. Criminal law is complicated, and even simple charges can have long-term effects on every aspect of your life, including your freedom. A defense attorney knows your rights and will do everything they can to protect them. The best thing you can do is reach out to a legal professional as soon as possible. Call Banks & Jones, Attorneys at Law today to see how we can help you.
Call Banks & Jones at (865) 317-9866 to see how we can help you.
What are the stages of a criminal case?
Don’t assume you understand the law based on what you’ve seen on TV, the movies, read on the Internet, or heard from friends. Terms such as arrest, bail, and indictment have precise legal meanings. The meanings of words can vary depending on whether federal charges or state charges are brought.
Some of the initial terms anyone charged with a crime should understand include:
Arrest
An arrest generally occurs when law enforcement takes someone into custody to begin criminal proceedings. The police can only arrest someone if they have “probable cause” to believe the person has committed a crime or if they have an arrest warrant. When someone is arrested, they have the right to request a lawyer and to remain silent.
Bail
Defendants should have a fair chance to present their best defense, which is easier to do when they are not in custody. Bail is requested so that a defendant can be released from jail after an arrest. A judge may release a defendant on recognizance or with conditions; if those won’t reasonably ensure appearance/safety, the court can require bail. If a payment or bond is required, the defense attorney argues for a reasonable amount that a defendant can actually afford.
Indictment
This is the formal accusation that someone has committed a crime. Indictments are brought if a grand jury of citizens decides that the government has enough evidence to file the accusation. It is sometimes said that a grand jury “will indict a ham sandwich,” because, except in very rare circumstances, grand juries typically hear only the prosecution’s evidence, although defendants may request to testify.
Arraignment
An arraignment is a court proceeding that takes place after formal charges have been filed, usually following an indictment or presentment by a grand jury or after a case is bound over from General Sessions Court. At the arraignment, the prosecution presents the formal charges against the defendant, including the statutes allegedly violated and the dates of the offenses. The defendant is then given the opportunity to enter a plea of guilty or not guilty.
The preliminary hearing
A defendant in Tennessee has the right to a preliminary hearing when arrested and initially charged pursuant to an arrest warrant (unless the right is waived or superseded by a grand jury indictment). In those circumstances, the case begins in the General Sessions Court. The purpose of the hearing is to determine if there is probable cause to believe that a crime has been committed, that the defendant committed it, and that the case should proceed to the Grand Jury.
The government will need to present evidence, typically in the form of the testimony of the arresting police officer and possibly that of other witnesses. The defense has the right to question the police officer and the witnesses and to call witnesses on the defendant’s behalf. Usually, the defendant does not present any evidence at the preliminary hearing.
WATCH: T. Scott Jones Discusses Important Concepts in Criminal Defense
How does a Knoxville defense lawyer fight for defendants?
Our skilled defense lawyers begin by speaking with the defendants. Communications with our lawyers are generally confidential. We begin immediately to assess your defenses. We often work with investigators to review the scene of the crime, so we know the layout and what happened. The investigators also work to speak with relevant witnesses.
We can pursue all possible defenses on your behalf, including:
Violations of constitutional rights
Every person accused of a crime in the United States has specific constitutional protections, including the right to remain silent and the right against unlawful searches and seizures. If law enforcement stopped, searched, or interrogated you without properly following legal procedures, any evidence discovered may be suppressed or ruled inadmissible in court.
For example, Miranda warnings are required during custodial interrogation; statements obtained without warnings in that context may be suppressed. Additionally, evidence obtained through illegal searches, such as searching your home, car, or personal effects without a valid warrant or legal exception, can be thrown out. Prosecutors depend heavily on this evidence to convict, so proving a violation here is one of the strongest defenses available.
Justifiable defenses, such as self-defense
Some actions that would normally be illegal are justified by particular circumstances. Self-defense, for instance, protects those who act reasonably to prevent harm to themselves or others. To use self-defense, there must typically be a credible and immediate threat, and the force used must be necessary under the circumstances. Tennessee law generally doesn’t require a duty to retreat.
A defense attorney can work to demonstrate that your actions were reasonable under the circumstances and did not exceed what was necessary to prevent the threatened harm.
False accusations
False accusations are a legitimate concern. Sometimes people are wrongfully accused because of misunderstandings, jealousy, revenge, mistaken identity, or personal or family conflicts. Being falsely accused can be extremely distressing. In these cases, always reach out to a lawyer – it’s never a good idea to try to explain the charges away. Even if you’re innocent, your words can be twisted and used against you.
Questioning the chain of custody of evidence
All physical evidence that is introduced in court – from drugs in a drug case to a weapon in an assault case – must have a thoroughly documented trail, or chain of custody, tracing its movement from the moment it was gathered until it arrives at the courtroom. Gaps, errors, or discrepancies in that chain raise significant questions about whether the evidence may have been tampered with or contaminated.
A good defense lawyer can review the evidence and attempt to challenge the chain of custody if there are inconsistencies or missing information.
Challenging breath and blood tests
In most cases involving DUI charges, breathalyzer and/or blood tests are at the center of the prosecutor’s case. Your lawyer can, however, challenge these. Some ways to do this are to allege that the person who collected the sample was not adequately trained or that the machine wasn’t calibrated. Your DUI lawyer can cast doubt on the validity of test results, which could raise doubt about your guilt.
Holding the prosecution to its burden to prove the charges beyond a reasonable doubt
The cornerstone of criminal justice is “innocent until proven guilty.” In every criminal case, the prosecution must present evidence that leaves no reasonable doubt in a jury or judge’s mind, and this is a very high standard to meet.
An experienced defense attorney can highlight inconsistencies in testimony and present other testimony to show that you didn’t commit the crime or that, at least, the prosecutor can’t prove that you did. It’s good to offer an alternate explanation, but that’s not required. Your lawyer just has to poke holes in the prosecutor’s version and raise a reasonable doubt.
Arguing that the value of stolen items is much less than claimed
In theft and property crimes, the value of what was allegedly taken often determines the seriousness of the charge and the penalties you could be facing. By investigating the actual value of the items and disputing the prosecutor’s claims, your charges and penalties may be reduced.
This is just an overview of some of the common defenses. There are many others that could apply, depending on the specifics of your case.
We fight aggressively for favorable outcomes (including acquittals or dismissals where supported), although past results cannot guarantee future outcomes. We also know how to negotiate plea agreements – with your consent. Plea agreements are generally an agreement to plead to lesser charges.
In addition to hearings and court trials, we are open to other alternatives. We strongly advocate for juveniles to be tried in juvenile court. We can explain how drug courts, veterans treatment courts, mental health courts, and other recovery alternatives may be a better option.
What additional legal concerns do criminal charges raise?
When you’re facing criminal charges, it’s essential to consider the potential consequences beyond jail time or fines. A conviction can create a series of new and sometimes surprising concerns that significantly impact your daily life.
For example, a DUI conviction in Tennessee doesn’t just bring potential for jail time or fines. You could also lose your driver’s license. There are defenses to this, but they are time-sensitive and nuanced.
For instance, some drivers in Tennessee may be eligible for a restricted license. This might allow you to:
- Drive to work or school
- Drive to your substance abuse class
- Meet with a probation officer
Eligibility generally depends on things like:
- Prior DUIs
- Statutory waiting periods
- Not having killed or seriously injured someone
- Compliance with ignition interlock requirements
Collateral consequences of criminal convictions
DUI convictions aren’t the only cases that carry penalties other than jail time. Any type of criminal conviction can bring about what’s generally referred to as collateral consequences. This commonly includes:
Civil orders and restrictions
Sometimes, a criminal case will include protective or restraining orders. These orders may limit where you can live, restrict who you can contact, or remove you from your home, sometimes even before guilt is proven in court. Violating these restrictions can itself be charged as a criminal offense.
Barriers to jobs and licensing
Most employers screen for recent convictions as they’re about to hire someone. In many cases, you may be passed over if you have a serious criminal history. Additionally, some occupations that require licensing may be unavailable to you, depending on the type of conviction.
For example, nursing, teaching, or working with children or the elderly could be much more difficult if you have a criminal history. If you already have a professional license, it could be suspended or revoked by state boards.
Immigration problems
If you are not a U.S. citizen, many interactions with the criminal justice system can threaten your ability to remain in the country. Consequences range from deportation proceedings to rendering you ineligible for future visas or Green Cards.
Loss of public benefits and housing access
Some convictions can affect eligibility for public support and housing subsidies, such as SNAP (food stamps) and federal housing assistance. This can have a profound impact on your life in many ways.
Damage to personal and family relationships
A criminal conviction can impact your family relationships and family court proceedings. Depending on the type of offense, you may lose the right to see your children without supervision or may be prohibited from seeing them altogether.
Collateral consequences can last for years or your lifetime and can come up when you least expect them to. Considering these factors while your criminal case is ongoing is crucial.
What is the difference between felonies and misdemeanors?
The criminal justice system charges offenders with either misdemeanors or felonies. Misdemeanors are lesser offenses punishable by up to 11 months and 29 days in jail. Felonies, however, are more serious crimes punishable by more than a year in prison. A felony conviction can also affect your ability to obtain future employment and limit certain rights, including your right to vote, your right to bear arms, and your right to hold public office (though these rights can often be restored).
Tennessee charges vs. federal charges
Most criminal charges are handled by the state, but in some cases, the federal government may get involved. It’s usually a matter of jurisdiction, but there are certain crimes – like RICO charges, or interstate drug trafficking – that will often, but not always, be handled at the federal level.
If you are convicted, you may be sentenced to federal prison and could even be sent out of state. We understand what kind of hardship this can create for your family and loved ones, and we can fight hard to protect you, your family, and your future.
FAQ
What should I do if I’m arrested?
If you’re arrested, it’s important to stay calm and remember that you have the right to remain silent. Politely but clearly ask for a lawyer and don’t discuss your case or answer questions, even if the police appear friendly or reassuring. Calling a criminal defense attorney as soon as possible can help protect your rights and make sure you don’t do anything to jeopardize your defense.
Do I have to speak to the police?
No, you do not have to answer questions from the police if you’re under arrest or being questioned in connection with a possible crime. You have the right to remain silent and the right to request a lawyer, which you should clearly state if you’re being pressured to talk.
Can a victim decide to drop the charges against me?
The decision to move forward with a criminal case is ultimately the prosecutor’s, not the victim’s. The prosecutor might take their wishes into account, but this depends on the seriousness and type of the case. In some instances, the state can move forward with a case even if the victim won’t testify, such as cases where there are witnesses or video footage.
How long will my case take?
How long a criminal case takes depends on a lot of different factors. This usually includes how serious the charges are, how complex the evidence is, and whether you take your case to trial or accept a plea deal. Some cases can be resolved in a few months, while others may take much longer, up to multiple years.
Secure a comprehensive criminal defense strategy from experienced and trustworthy attorneys
At Banks & Jones, Attorneys at Law, our legal team always performs a careful risk assessment and will only take steps that we truly believe are in your best interest. If you need help with a criminal matter, please contact us to schedule an appointment with a skilled Knoxville criminal defense attorney today.
