Stephen R. Leffler Criminal Law Blog on Lawyers.com

Criminal Lawyer in Memphis

Your Rights and What to Expect if You’re Arrested in Tennessee

In 2006, the population of Tennessee surpassed 6 million residents. In that same year, law enforcement agencies across the state reported nearly 361,000 arrests—that’s close to 6,000 arrests per 100,000 residents.

In Tennessee and elsewhere, if a law officer believes that you may be involved in a crime, you’ll first be detained and may then be arrested, meaning you’re no longer free to leave the place where you’re being held. You can be “under arrest” even if the police haven’t announced it to you or restrained you in any way. If, however, the police intend to question you and use your answers in a court of law, you must be informed of your Miranda rights prior to questioning. If you choose to remain silent, the questioning can’t continue. If you request the counsel of an attorney, the questioning must wait until your lawyer is present.

In most situations, you can only be arrested after an arrest warrant is issued by a judge or magistrate. To secure a warrant, law enforcement personnel must present evidence that convinces a judge or magistrate that a crime has likely taken place and that you are criminally responsible.

If you’re placed under arrest, you’re legally prevented from going about your normal activities and you’ll go through a series of legal steps including

• Booking – you’ll be finger-printed, photographed, searched and given a police record. Your personal property will be catalogued and stored until you’re released
• Calling – you’ll be granted a limited number of local phone calls. One of your calls should be to a criminal defense lawyer with knowledge in Tennessee law.
• Arraignment – Once criminal charges are filed, you’ll make a court appearance. If you’ve been jailed following arrest, the arraignment will usually take place within 72 hours of that arrest. During your arraignment, you’ll be asked to enter a plea of “guilty,” “not guilty” or “no contest.” If you plead “guilty” or “no contest,” you’ll be sentenced. At this time, the court also sets bail, refuses to set bail or releases you on your own recognizance.
• Bail – you may be able to put forth money or property as security that you’ll appear for further criminal proceedings.
• Hearings and trial – if you plead “not guilty.”
  Being arrested is a frightening experience that you shouldn’t face alone. After booking, you’ll be granted permission to make a limited number of local phone calls; one of those calls should be to a criminal defense lawyer with experience in Tennessee law.

This information is provided by the Memphis law office of Memphis criminal defense attorney Stephen Leffler - Criminal Attorney in Memphis, 901.527.8830, 707 Adams Ave., Memphis, TN 38105,