Criminal Defense Attorney Tennessee: How To Find One & What To Do (2026)

September 10, 2026Criminal Defense • Tennessee

⚖️ Charged with a crime in Tennessee? This guide covers your rights, the Tennessee criminal procedure, felony and misdemeanor charges, bail and release, plea options, trial rights, sentencing, and how to find a qualified Tennessee criminal defense attorney.

What To Do First: Arrested in Tennessee?

If you have been arrested or are under investigation for a crime in Tennessee, acting immediately and strategically is critical. Your first actions can have a major impact on the outcome of your case. Whether you're facing a misdemeanor or felony charge, understanding your rights and getting experienced legal representation quickly is essential.

📋 First Steps After Arrest:

Stay calm and do not resist: If police arrest you, do not argue, resist, or run. Resisting arrest or fleeing can add criminal charges. Be polite and comply with police orders.
Invoke your right to an attorney: Say clearly: "I want to speak to an attorney." Do not answer police questions, sign documents, or agree to searches without your lawyer present. Anything you say can be used against you at trial (Tennessee Code § 40-7-101).
Request a bail/release hearing: Under Tennessee law, you have the right to a bail hearing within 24–72 hours of arrest (Tennessee Code § 40-14-102). At the hearing, a judge decides whether to release you and under what conditions.
Contact a Tennessee criminal defense attorney immediately: If you cannot afford an attorney, request a public defender. If you can afford private counsel, hire one right away. Time is critical in criminal cases.
Do not post on social media or discuss your case: Anything you post or say can be used as evidence. Do not contact alleged victims or witnesses. Only communicate with your attorney.
Gather documents and information: Write down details of your arrest (time, location, police officers' names), any statements you made, and anything you remember. Provide this to your attorney. Do not destroy any evidence.

The Tennessee Criminal Process: Step by Step

Understanding how Tennessee criminal cases move forward helps you know what to expect and where an attorney adds the most value. For more information on how Tennessee criminal law works, consult with a specialist.

Arrest & Custody

Police arrest you based on probable cause. You are taken into custody and read your Miranda rights (right to remain silent, right to an attorney). You must request an attorney before answering police questions. Any statements made without counsel present may be excluded from trial.

Bail/Release Hearing

Within 24–72 hours of arrest, Tennessee law requires a bail hearing (Tennessee Code § 40-14-102). A judge reviews the charges, your record, and community ties. The judge decides: release on your own recognizance (no bail), set a bail amount, impose conditions, or deny bail if you pose a danger or flight risk.

Initial Appearance

At your initial appearance before a judge, you are informed of the charges, your rights, and the bail decision. You enter a plea (guilty, not guilty, or no contest). Your attorney can request a continuance to prepare your defense.

Preliminary Hearing (Felonies)

For felony charges, Tennessee requires a preliminary hearing within 30 days (Tennessee Code § 40-13-101). The prosecution must show probable cause that you committed the crime. Your attorney can cross-examine witnesses and challenge the prosecution's evidence. If probable cause is not established, charges may be dismissed.

Grand Jury (Felonies)

For felonies, the case may go to a grand jury, which reviews evidence and decides whether to indict. An indictment means the grand jury found probable cause. Your attorney can prepare for the grand jury proceeding and challenge indictment decisions.

Discovery & Plea Negotiations

Your attorney obtains police reports, witness statements, evidence, and any exculpatory evidence (Brady material) the prosecution must disclose. Your attorney and the prosecution may negotiate a plea bargain (reduced charges, lighter sentence). If no plea deal is reached, the case proceeds to trial.

Trial

If no plea agreement is reached, your case goes to trial before a judge or jury. The prosecution presents its case; your attorney cross-examines witnesses and presents your defense. The jury (or judge in a bench trial) must find you guilty beyond a reasonable doubt. An acquittal ends the case.

Sentencing

If convicted, a judge imposes sentence based on sentencing guidelines, the severity of the crime, your record, and other statutory factors. Your attorney can argue for a lighter sentence and file for appeals if errors occurred at trial.

Tennessee Criminal Law: Key Rules & Procedures

Topic	Tennessee Rule
Right to an Attorney	You have a constitutional right to an attorney at all critical stages of a criminal case (Sixth Amendment). If you cannot afford an attorney, the court will appoint a public defender at no cost (Tennessee Code § 40-14-201).
Right to Remain Silent	You have the right to remain silent and not incriminate yourself (Fifth Amendment). You do not have to answer police questions, testify at trial, or provide any statements without your attorney present.
Bail and Release	Within 24–72 hours of arrest, you must be brought before a judge for a bail hearing (Tennessee Code § 40-14-102). The judge determines bail based on your ability to pay, ties to the community, prior record, and the severity of charges. You have the right to bail unless you pose a danger or flight risk.
Bail Amounts	Bail varies by charge. Misdemeanors typically have bail of $500–$5,000. Felonies can range from $5,000–$50,000 or more. Capital crimes (murder) may result in bail being denied. A bail bonds company can post bail for a 10–15% fee.
Felony vs. Misdemeanor	Felonies (Tennessee Code § 40-32-101) carry sentences of one year or more in state prison. Misdemeanors carry sentences of up to one year in county jail. Felonies include assault, rape, theft over a certain amount, drug trafficking, and murder.
DUI Charges	Driving under the influence (Tennessee Code § 55-10-401) is charged if BAC is 0.08% or higher (0.02% for drivers under 21). First DUI is a misdemeanor; repeat DUI within 10 years can be a felony. Penalties include fines, jail, license suspension, and ignition interlock.
Trial Rights	You have the right to a speedy trial, trial by jury (for felonies), the right to confront and cross-examine witnesses, the right to present your own evidence and witnesses, and the right to appeal if errors occur at trial.
Sentencing	A judge imposes sentence based on Tennessee sentencing guidelines, the felony classification, your prior record, restitution to victims, and other statutory factors. Sentences can include prison time, fines, probation, and community service.

Source: Tennessee Code § 40 et seq. and U.S. Constitution; rules can change. Consult a Tennessee criminal defense attorney for your specific situation.

How To Choose a Tennessee Criminal Defense Attorney

Not all criminal defense attorneys are equal. When evaluating Tennessee criminal lawyers, look for:

Tennessee bar admission and criminal law focus. Verify license status through the Tennessee Board of Law Examiners. Look for an attorney who specializes in criminal defense, not general practice.
Local court experience. Ask about experience in the specific Tennessee county or court where your case will be tried (Shelby County/Memphis, Davidson County/Nashville, Hamilton County/Chattanooga, Knox County/Knoxville, etc.). Local judges, prosecutors, and court procedures vary significantly.
Felony and misdemeanor experience. Ask how many cases of your charge type they have handled in the past 5 years. Ask specifically about DUI cases (if applicable), assault cases, drug cases, or whatever matches your charges.
Trial experience. Ask: "How many trials have you conducted in the past 3 years?" Trial experience is crucial if your case goes to court. Many attorneys only negotiate plea deals; you want someone who can win at trial if necessary.
Knowledge of evidence and police conduct. Criminal cases often hinge on whether evidence was lawfully obtained and whether police followed proper procedures. Ask if your attorney has successfully challenged illegal searches, bad traffic stops, or improper interrogations.
Negotiation skills. Most criminal cases resolve by plea bargain. Ask about your attorney's track record of negotiating reduced charges and lighter sentences.
Communication and responsiveness. Criminal cases move quickly and involve stress. Choose an attorney who communicates clearly, answers your questions promptly, and keeps you informed of developments.
Transparent fee structure. Get a written fee agreement before hiring. Ask whether you pay hourly or a flat fee for your case, and clarify what services are included. Ask about billing practices and retainer requirements.

⚠️ Red Flags to Avoid

Attorneys who guarantee a specific outcome or acquittal
Pressure to quickly sign a retainer agreement before discussing your case
No written fee agreement or hourly rate disclosure
Attorneys with few or no trial verdicts in the past 5 years
Lack of transparency about their experience with cases similar to yours
Attorneys who strongly discourage you from going to trial without explaining the risks

Tennessee Cities & Counties: Find a Criminal Defense Attorney Near You

Law.AI has criminal defense attorneys in every major Tennessee city and county. Find one near you:

Memphis Defense Lawyers Nashville Defense Lawyers Knoxville Defense Lawyers Chattanooga Defense Lawyers Clarksville Defense Lawyers Murfreesboro Defense Lawyers Jackson Defense Lawyers Johnson City Defense Lawyers Kingsport Defense Lawyers Oak Ridge Defense Lawyers Germantown Defense Lawyers Brentwood Defense Lawyers

Tennessee Criminal Defense FAQ

What are my rights after a criminal arrest in Tennessee?

Under the U.S. Constitution (Fourth Amendment, Fifth Amendment, and Sixth Amendment) and Tennessee law (Tennessee Code § 40-7-101 et seq.), you have the right to: (1) be informed of the charges against you; (2) remain silent and not incriminate yourself (Fifth Amendment); (3) speak with a criminal defense attorney before answering police questions; (4) request a public defender if you cannot afford an attorney (Sixth Amendment); (5) a bail or release hearing within 24–72 hours of arrest; and (6) a fair and speedy trial. Never answer police questions without an attorney present. Anything you say can be used against you in court. Invoke your right to counsel immediately: "I want to speak to an attorney." A Tennessee criminal defense attorney can ensure your rights are protected from the moment of arrest.

What is the difference between a felony and misdemeanor in Tennessee?

Tennessee classifies crimes as felonies or misdemeanors (Tennessee Code § 40-32-101). Felonies are more serious and carry sentences of one year or more in state prison. Misdemeanors carry sentences of up to one year in county jail. Felony charges include assault, theft, drug trafficking, rape, and murder. Misdemeanor charges include simple assault, disorderly conduct, petty theft, and DUI (under certain conditions). Felony convictions have serious collateral consequences: loss of voting rights, gun rights, professional licenses, and employment opportunities. A Tennessee criminal defense attorney can help you understand the severity of your charges and the available defenses.

What happens during a bail or release hearing in Tennessee?

Within 24–72 hours of arrest, Tennessee law requires a bail hearing (Tennessee Code § 40-14-102). A judge reviews the charges, your criminal history, ties to the community, and the risk of flight. The judge then decides whether to: (1) release you on your own recognizance (no bail required); (2) set a bail amount you must post to be released; (3) impose conditions (such as travel restrictions, electronic monitoring, or regular check-ins); or (4) deny bail if you pose a public safety threat or flight risk. Bail is not punishment—it is to ensure you appear at trial. If bail is set but you cannot afford it, a bail bonds company may post the bail for a fee (typically 10–15% of the bail amount). A Tennessee criminal defense attorney can advocate for your release at the bail hearing and argue for no bail or a reasonable bail amount.

What are my options if I am charged with a crime in Tennessee?

After arrest and bail, you have several options: (1) Plead guilty and accept the charges. This typically results in sentencing immediately or shortly after. (2) Plead no contest (nolo contendere), which means you neither admit guilt nor contest the charges; sentencing follows. (3) Negotiate a plea bargain with the prosecution. Most cases resolve this way—you may plead guilty to lesser charges in exchange for a reduced sentence. (4) Go to trial and require the prosecution to prove guilt beyond a reasonable doubt before a judge or jury. A Tennessee criminal defense attorney can evaluate the evidence, police conduct, and available defenses, then advise you on the best strategy for your case.

How does a criminal trial work in Tennessee?

A Tennessee criminal trial (Tennessee Code § 40-15 et seq.) proceeds in stages: (1) Jury selection: the defense and prosecution select jurors. (2) Opening statements from both sides. (3) The prosecution presents its case: witnesses, evidence, documents. (4) The defense cross-examines prosecution witnesses and may present its own evidence and witnesses. (5) Closing arguments from both sides. (6) The judge instructs the jury on the law. (7) The jury deliberates and must reach a unanimous verdict (guilty or not guilty). The prosecution must prove guilt "beyond a reasonable doubt"—a high standard. A Tennessee criminal defense attorney will challenge weak evidence, cross-examine prosecution witnesses, present your defense, and protect your trial rights.

What is a DUI in Tennessee and how is it charged?

Driving under the influence (DUI) in Tennessee is charged under Tennessee Code § 55-10-401. You can be charged with DUI if you: (1) drive a vehicle with a blood-alcohol concentration (BAC) of 0.08% or higher, OR (2) are impaired by alcohol, drugs, or both. For drivers under age 21, the limit is 0.02% BAC. For commercial drivers, the limit is 0.04%. First-time DUI is typically a misdemeanor; repeat offenses within 10 years can be felonies. Penalties include fines, jail time, license suspension, mandatory alcohol education, and ignition interlock devices. DUI charges often hinge on the validity of the breathalyzer or blood test, the legality of the traffic stop, and officer conduct. A Tennessee criminal defense attorney can challenge the evidence and may be able to reduce or dismiss the charges.