Nashville is known for great live music. It is also the capital of Tennessee and the most populous city in the state.
Unfortunately, having a higher population often leads to higher crime. If you find yourself targeted by the criminal justice system, you will want one of the best criminal defense lawyers in Nashville to help you avoid prison time.
This guide will help you select a lawyer who is right for your case.
- Best Criminal Defense Attorneys in Nashville
- Compare Top Criminal Defense Attorneys
- What Is a Criminal Defense Lawyer?
- Understanding the Legal Process for Criminal Cases
- Expungement in Tennessee
- How to Choose the Best Criminal Lawyer in Nashville, TN
- Nashville Criminal Defense Resources
- Methodology
- Frequently Asked Questions (FAQs)
Best Criminal Defense Attorneys in Nashville
Compare Top Criminal Defense Attorneys
What Is a Criminal Defense Lawyer?
Nashville criminal defense lawyers provide legal counsel for clients in Tennessee who have been charged with state or federal crimes. The goal of a criminal defense lawyer when representing a client is to have the charges dropped, convince a jury to find their client not guilty, or negotiate a plea deal for decreased charges and decreased penalties.
A criminal defense attorney is tasked with providing the best representation they can, even if their client is guilty. They act as a counterbalance to the prosecutor, whose job is to convict the defendant of every crime they can prove. Criminal defense lawyers do this by gathering evidence, filing motions before the court, negotiating with the prosecution and presenting a case at trial.
Public Defender vs. Private Criminal Attorney
There are two types of criminal defense lawyers: public defenders and private attorneys. The former is provided by the state for indigent parties that request the appointment of counsel. Tennessee guarantees the right to counsel for any case where the defendant is in jeopardy of incarceration, including cases where parole may be revoked.
A private criminal defense attorney is one the client pays to represent them. They have the same duties and powers as a public defender but are not paid for by the state. Typically, private attorneys can devote significantly more time and resources to a case than a public defender, though they can usually cost thousands of dollars for any but the least complicated cases.
Should You Represent Yourself in a Criminal Case?
If there is any possibility that the charges you are facing will result in prison time, you should either hire a lawyer or request that the state provide you with one for free. Being represented by a lawyer, even an overworked one (like most public defenders) greatly increases your ability to defend your case and can help you to avoid significant prison time.
However, if you are charged with a low-level misdemeanor or other crime that has no risk of incarceration, you may want to consider representing yourself. In these situations it can help to weigh the cost of a lawyer compared to the maximum possible fine you can receive if you’re convicted.
Understanding the Legal Process for Criminal Cases
The criminal legal process is a little more convoluted in Tennessee than it is in most states. If you face criminal charges, you will likely have to deal with most or all of the following steps.
- Arrest. Typically, you will be arrested after the police petition a judge for an arrest warrant and receive it. However, you can also be arrested if the police have evidence showing probable cause to believe that you committed a crime.
- Bail hearing. Some cases won’t involve a bail hearing. However, if the charges are serious enough, the court will determine whether you should remain in jail until the trial or be released on bail.
- Preliminary hearing. The prosecution must convince the court you are likely guilty of the crime charged. If the judge isn’t convinced, the charges will be dropped.
- Grand jury. This step only occurs if the judge determines there is reason to believe you committed a felony. In this step, a grand jury listens to evidence and will issue an indictment if they believe there is probable cause.
- Arraignment. This step only occurs if an indictment is issued. The judge will present you with a copy of the indictment and schedule a trial date.
- Plea Negotiations. When charged with any type of crime, the defendant has a chance to negotiate a plea bargain with the prosecutor. Typically, the court will accept the outcome of a negotiated plea.
- Trial. If no agreement is reached, the case will go to trial. Both sides will present evidence that a 12-person jury will use to determine the outcome of the case.
- Sentencing. If you are found guilty or agree to a plea deal, the judge will determine the penalty you will face.
Resolving a Criminal Case in Tennessee
Tennessee has strict sentencing guidelines. If you are convicted of a crime, the judge must follow those guidelines. However, they also include several mitigating and aggravating factors, which means that someone convicted of the highest-class felony could face as few as 13 years in prison and as many as 60 years.
However, just because you are sentenced to a term doesn’t mean you will serve all that time in prison. For many crimes, you are eligible to be released after serving between 20% and 60% of your sentence. If you are convicted of a violent crime, though, Tennessee’s “truth-in-sentencing” laws will likely require you to fulfill 85% to 100% of your sentence.
Expungement in Tennessee
Tennessee allows expungement of up to two offenses. This can remove the convictions from your publicly available criminal record. To qualify, you must have been convicted of no more than two offenses, only one of which may be a felony. If you were convicted of a felony, it can’t be any class higher than a Class C felony.
Furthermore, you must have completed all restitution, including paying all fines and fees and completing any jail time and probation. Finally, it must have been at least five years since you completed your sentence (or 10 years if expunging a felony of grade C or D).
How to Choose the Best Criminal Lawyer in Nashville, TN
Consider the following factors when determining which of the Nashville criminal defense lawyers above is best for your case.
- Legal focus. Some Nashville criminal defense lawyers focus on white-collar crimes, and others focus on violent crimes. Pick an attorney who handles cases similar to what you are charged with.
- Success record. Most attorneys don’t publish their records on their website, but if you talk to them in person, they will give you a brief idea of what kind of successes they have had.
- Cost. This is another thing you will have to ask them about directly. Usually, the more they cost, the better they are, but that isn’t always a guarantee.
- Bar admissions. While every attorney here is located in Nashville, many are admitted to bars in other states. That is important if you are facing out-of-state charges.
Nashville Criminal Defense Resources
- Nashville public defenders’ office
- Find my court date
- Public record request coordination: publicdefender@jisnashville.gov
- Public case search
- Nashville sheriff’s office
- Tennessee Department of Correction
Methodology
To come up with the criminal defense lawyers in Nashville of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
Should I accept a plea bargain?
Typically, you should consider accepting a plea deal if the final charges are misdemeanors and don’t include the possibility of prison time. If the deal is harsher than that, you should discuss your options with your lawyer.
How long will it take for my case to go to trial?
That depends on what you are charged with. If you are facing misdemeanor charges, your case will likely go to trial within six months to one year. If you are facing felony charges, it can take anywhere from 12 months to 15 years for your trial to begin.
How much does an average criminal defense lawyer cost in Tennessee?
The average hourly fee of a criminal defense attorney in Tennessee is $192. Better attorneys usually cost more, as do attorneys who are located in bigger cities.