If you or a loved one has been arrested in Tennessee, it’s normal to feel scared, overwhelmed, and unsure about what happens next. The legal process can seem like a maze of unfamiliar terms and procedures. Unfortunately, one wrong step could make things even harder.
So, what to expect after a criminal arrest in Tennessee? Here is our step-by-step guide to help familiarize you with the process. When you feel more prepared, you can start taking the steps to protect your rights and future.
Step 1: The Arrest
When you are arrested, law enforcement believes they have a legal reason to take you into custody. They either saw something happen, have probable cause, or have a warrant for your arrest.
After the arrest, you will be taken to the local jail or detention center. This part of the process can feel humiliating and frightening. But remember to try to stay calm. You never want to resist or argue. That will only make things harder for you down the line.
There are a few actions you can take at this stage. You can stay silent when questioned. You have the right to remain silent. As the Miranda warning goes, “Anything you say can and will be used against you.” Plus, you don’t have to explain yourself or answer questions without a lawyer present.
Make sure to contact a Tennessee criminal defense lawyer right away. The sooner you get legal representation, the better protected you will be throughout this process.
Step 2: Booking
Once you arrive at the jail, you will be booked. What does this mean? You will be processed into the jail and have to provide some information, such as:
- Giving your name, address, and other basic details.
- Having your fingerprints and mugshot taken.
- Turning over personal belongings while you are in custody.
Many times, you will spend time in a holding cell or jail as you wait for your first court appearance. Depending on the time you have been arrested, this can take a few hours or overnight.
Step 3: First Court Appearance and Bail
Fortunately, you will not be held indefinitely. Many times, you must be brought before a judge or magistrate within 72 hours of your arrest. At this hearing, the judge will:
- Tell you what charges you are facing.
- Decide if you can be released from jail before trial and under what conditions.
Many times, the judge may set bail. This guarantees that you will come back for future court dates. For some minor charges, you might be released on your “own recognizance” (no money required).
If the bail amount is too high for you to afford, your attorney can ask for a bail reduction hearing. They can argue for a lower amount or alternative release conditions.
Step 4: Arraignment
Next comes your arraignment. This is your first formal court appearance. At this hearing, you will hear the official charges against you. Along with that, you will need to enter a plea, such as guilty, not guilty, or no contest.
Step 5: Pre-Trial Process
If you plead not guilty, your case moves into the pre-trial phase. This is where an attorney is needed. They will work to investigate the charges, review the evidence, talk to witnesses, and file motions to protect your rights.
Sometimes, your lawyer may negotiate with the prosecutor for a plea deal. This can reduce the charges or penalties in exchange for a guilty plea. However, some cases proceed right to trial.
Step 6: Trial
If your case goes to trial, both sides will present their evidence and arguments. A judge or jury will decide whether you are guilty or not guilty. Once again, you will want to have an experienced criminal defense lawyer on your side at this stage. They are there to protect your rights and present a strong case on your behalf.
Step 7: Sentencing
If you are found guilty or accept a plea deal, the judge will decide your sentence. You could face anything from fines and probation to community service or jail time.
Get Legal Help for Your Criminal Charge in Tennessee
Now that you know what to expect after a criminal arrest in Tennessee, you can take the first steps to protect yourself and work toward the best possible resolution.At Easter & DeVore, Attorneys at Law, we have assisted people across Tennessee through some of the toughest moments of their lives. We know what is at stake with a criminal charge, and we’ll be by your side every step of the way. Call us today to schedule a confidential consultation.
