Court Costs: The, too-often, undisclosed kicker

When a defendant enters into a courtroom and pleads guilty or is found guilty, included in the disposition of that case is always going to be court costs. In fact, whether you are in a criminal court or a civil court, you are paying for the services of the court, including the Judge, the court officers and even the clerks. Too often, in criminal cases specifically, a defendant is not advised of the court costs associated with their case. When they are advised that they will be necessary, they are rarely prepared for the amount of the bill when it comes in the mail. For example, depending on the number of times an A misdemeanor is set in General Sessions Court, on average the court costs are around $1,000. Can you imagine how much the court costs are associated with a jury trial that goes through General Sessions, through the Grand Jury and all the way through Criminal Court? Sure, justice is your right but you still have to pay for it.

DUI Sanctions: What the law says…

When you plead guilty or are found guilty of a DUI in Tennessee, there are some sanctions that the Statutes of the Tennessee code says are mandatory.

On a first offense DUI, these minimal requirements include 11 months and 29 days in jail, all suspended except for 48 hours. While, on probation, you must complete 24 hours community service work, attend and complete an alcohol safety course, pay a $350 fine plus court costs and lose your driving privileges for 1 year.

The minimum requirements only get worse on a second, third or fourth offense, and the fourth becomes a felony.

DUI Lawyer- Nashville- What you need to know….- Leah R. Wilson

Remember, if, or maybe I should say when, you get pulled over and have had anything to drink, keep in mind that everything you say can and WILL be used against you. This applies to to your responses to the ever famous questions such as :
“Have you been drinking tonight?”
” Where you coming from?”
But, it also includes the friendly sounding officers “making conversation” with comments such as:
” Oh, just having a few after work? How long you been there? Yeah, a long day at work- I hear ya! I am sure your fine but if you will just step on out of the car for me, I am going to get you to perform some tasks to be sure you are okay to drive.”
That officer is trying to get you to make statements to help his case and if you do, I can bet you it will be in the police reports when you get to court. Therefore, keep in mind that you have the right to remain silent and think about exercising that right. Remember, the State has to prove beyond a reasonable doubt you were over the legal limit and the last thing you want to do is say something that helps them.

Judicial Diversion in Criminal Cases in Tennessee

Judicial Diversion- What is it? What is 40-35-313? It comes up a lot in criminal negotiations and discussions but no one ever explains what it is. Allow me…. In criminal cases, under the Tennessee Code Section 40-35-313, a defendant may be entitled to enter a plea subject to this statute and be eligible at some time in the future to expunge the case from their criminal record. Sounds simple enough, huh? Well, if only it were that simple. It is not. First of all, diversion is only available for genuine first time offenders. Even a plea to a seemingly small matter, such as driving on a suspended license years ago, can keep a defendant from being eligible. Also, the legislature has prohibited some crimes from being eligible from diversion based on thier nature. These crimes include serious felonies and DUI related charges. Keep in mind that domestic assaults and even aggravated assaults (felonies) may be eligible for expungement. The only conditions associated with such a plea is that the entire sentence be suspended and the defendant placed on probation and the probation be completed without any violations or problems. Of course, it doesn’t automatically disappear from your record even then. The burden is on the defendant to provide proof that all fines and court costs have been paid in full, proof that the expungment fee is paid in full,  a letter of completion from the probation officer and a form must be filled out requesting the office of the District Attorney to approve the expungement. So when you hear 40-35-313 or Diversion- it is good news but that is only half the battle! You will still have a lot to do and prove to get the benefits it was created to provide.

Nashville Criminal Law Attorney- DUI FACTS

 The number of DUIs in Nashville is growing every day. There are many things you should know about the processes and ramifications of a DUI arrest. This is why it is so important to hire a criminal defense attorney with experience and knowledge in the field. At the Gordon Law Group, we have experienced attorneys who know the law as it pertains to DUIs as well as the strategies that can really make a difference in your case.