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The Garza Law Firm, PLLC defends Tennessee Driving Under the Influence and Tennessee Boating Under the Influence charges, as well as other Personal Injury and Criminal Defense cases, across the State of Tennessee. The Garza Law Firm serves the following cities and counties, including but not limited to: • Alcoa • Anderson County • Athens • Blount County • Bradley County • Campbell County • Chattanooga • Claiborne County • Cleveland • Clinton • Cocke County • Cookeville • Crossville • Cumberland County • Dandridge • Englewood • Etowah • Gatlinburg • Grainger County • Greene County • Greeneville • Hamblen County • Hamilton County • Hancock County • Harriman • Hawkins County • Jefferson City • Jefferson County • Johnson City • Knoxville • Knox County • Lenoir City • Loudon County • Madisonville • Marion County • Maryville • Maynardville • McMinn County • Meigs County • Monroe County• Morgan County • Morristown • New Market • Newport • New Tazewell • Oak Ridge • Oliver Springs • Overton County • Pigeon Forge • Polk County • Putnam County • Rhea County • Roane County • Rutledge • Scott County • Sequatchie County • Sevier County • Sevierville • Sullivan County • Sweetwater • Tazewell • Tellico Plains • Unicoi County • Union County • Vonore • Wartburg • Washington County
Tennessee DUI Criminal Justice System: General Overview
General Sessions Court:
Arraignment or Initial Appearance: When arrested for a Tennessee DUI or other criminal offense, the driver is first “arraigned” in front of a judge or magistrate. During this first appearance, a person charged with a Tennessee DUI or other crime will generally address three items with the court: 1) the charges against him or her, 2) the importance of obtaining either a court-appointed or private attorney, and 3) scheduling the next Tennessee DUI hearing or court date. If a Tennessee DUI lawyer is hired in advance of the arraignment date, the driver’s appearance can often be waived or excused. However, it is vital to discuss this possibility of waiving your appearance with a Tennessee DUI lawyer well in advance of this date.
Preliminary or Probable Cause Hearing: In most Tennessee DUI cases, you will be entitled to a preliminary hearing or probable cause hearing. These terms are used rather interchangeably. At this hearing, the State of Tennessee must present to the judge information, usually in the form of Officer testimony, that there is probable cause to believe that it is the suspected individual that committed the offense of Driving Under the Influence and that there is also probable cause to believe that the driver was impaired while operating a motor vehicle on a roadway or other area generally frequented by the public. A Tennessee DUI lawyer may present evidence on your behalf at this stage. The General Sessions Judge may dismiss the case if he or she believe the State of Tennessee has failed to meet it’s burden of proving probable cause. The judge may also find that enough evidence exists to “bind over” your case and send it to the Grand Jury to review for probable cause as well. If the judge elects to bind your case over to the grand jury, you are not find guilty, but rather, your case simply continues to move forward.
Trial: In some cases, the judge and the District Attorney may agree to conduct a Trial without a Jury or “Bench Trial” in General Sessions Court. If this occurs, the State of Tennessee must prove that you are guilty beyond a reasonable doubt of the crime of Driving Under the Influence. If you lose a trial at the General Sessions Court, you may appeal to the next higher court, Criminal Court (discussed below).
Criminal Court:
Grand Jury: Thirteen Tennessee citizens meet in private to review information presented by the State of Tennessee in order to determine whether they believe that there is probable cause to believe that an individual committed the crime of Driving Under the Influence in the State of Tennessee. If the Grand Jury, after receiving the presentation of evidence from the State of Tennessee believes probably cause exists, then they will issue an Indictment.
Indictment: Once indicted, you are entitled to have a lawyer represent you. You may elect to hire the same Tennessee DUI lawyer that you used in General Sessions Court, or you may hire a different Tennessee DUI attorney, or you may apply to have a court-appointed lawyer or public defender represent you. Your Tennessee criminal defense lawyer may file motions at this level in an attempt to exclude certain evidence from being used against you at a jury trial or in an attempt to ensure your Tennessee and United States Constitutional Rights are protected.
Jury Trial: During a Jury Trial, the State of Tennessee must present enough evidence to unanimously convince 12 Tennesseans that you are guilty beyond a reasonable doubt. You are entitled to subpoena witnesses on your own behalf. You are also entitled to have your Tennessee DUI Lawyer cross-examine any witnesses against you and you have a right to remain silent during the entire trial.
Appeal: If you win or lose your case at a jury trial, the State of Tennessee or you may appeal this decision. Although this does not frequently occur, it is not uncommon.
Call 888-DUI-CALL (888-384-2255) to discuss the Justice System in whether you need to hire a Tennessee DUI lawyer to navigate part or all of the Tennessee Criminal Justice System discussed above. For additional information about the Justice System, also visit Tennessee Criminal Justice System – General Sessions Court.
“I blew a .27 but Marcos got my DUI dismissed on a technicality and saved my livelihood. I recommend anyone with a DUI to use this great lawyer.”