Criminal Defense

CRIMINAL DEFENSE

CRIMINAL DEFENSE

Criminal Defense Attorney in Chattanooga, TN

Criminal Defense Attorney in Chattanooga, TN

Everything You Need to Know About the Criminal Law Process

The day you are charged with a criminal offense may be the most distressing day of your life – but it does not have to be the most defining moment of it.


Knowing that you have an experienced attorney on your side, with a proven track record of success in the courtroom and a profound understanding of the legal processes can reduce the impact at this stressful time.


If you have been charged with a crime in the Chattanooga area, the criminal defense lawyers at Houston & Alexander, PLLC, will help bring clarity where there is confusion, confidence where there is stress, and hope where there is despondency.

The criminal investigation process

The first stage in the criminal process is an investigation into the alleged crime. The exact procedure will vary depending on whether you are suspected of committing a federal, state, or local crime.


If the police make an arrest, they must read your Miranda rights before questioning you. This includes your right to remain silent and your right to an attorney.



Then, the police have two options: take you to jail or release you with a promise to appear at a later date.


Federal crimes may be investigated by one of several different government bodies, depending on the nature of the crime. These include:


The investigating team may acquire search warrants to aid its investigation. If evidence of a crime is found, you will be arrested. Information will be provided to prosecutors, who will decide whether to move forward with a charge.


If you are charged with a felony, the prosecutor will present the evidence to a grand jury, who will vote on whether there is sufficient evidence to justify the charges.

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What happens after you’re charged with a crime in Chattanooga?

If you’re charged with a criminal offense in Chattanooga, you will be fingerprinted and have your photograph taken by law enforcement.


If you are indicted for a federal offense, you will either be asked to hire an attorney or be assigned a public defender if you can’t afford legal counsel.


Your criminal defense lawyer will explain the steps ahead in the criminal justice system for you, liaise with the necessary authorities, and communicate with your loved ones.


Generally, after being charged, you will go through some or all of these steps:


  • Arraignment – this is your first court appearance, at which the judge will explain the charges and your constitutional rights and may set a hearing to consider bail.
  • Bail hearing – if you are not released on a promise to appear (recognizance) you and your lawyer will need to appear at a bail hearing to request release. Future court dates may be set.
  • Preliminary hearing and second arraignment – where the judge will decide whether to move to trial.
  • Plea bargain – sometimes, if the evidence against you is overwhelming and a trial may be detrimental to your outcome, your lawyer will recommend entering into a plea bargain.
  • Trial – if there is no plea bargain, your case will proceed to trial where all the evidence will be heard, and a judge or jury will decide on your guilt or innocence.
  • Release or sentencing – depending on the outcome of your trial, the judge will order your release or sentence you.
  • Appeal – if there are sufficient grounds for an appeal, your lawyer will file an appeal with the Tennessee Court of Criminal Appeals.


Navigating the above steps can be challenging, especially if it is your first criminal charge. One of our experienced criminal defense lawyers will support you and direct you through the entire process.

What are the main types of criminal charges we defend?

Criminal charges are broadly broken down into the following categories:


  • Crimes against the person
  • Crimes against property (including financial crime)
  • Statutory crimes


Our lawyers represent clients charged with serious local, state and federal crimes throughout eastern Tennessee and northern Georgia.

Been charged with a criminal offense in Chattanooga, TN?

We represent clients in both state and federal court and can defend federal drug charges, firearm offenses, computer crimes, and white-collar crimes, amongst other federal crimes. Contact us today for a free consultation.

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What’s the difference between a felony and a misdemeanor?

Depending on the nature of the alleged crime, you may be charged with a felony or misdemeanor offense.



Both can result in a lifelong criminal record but there are important differences relating to the severity of the potential penalties you face.

  • Types of sentencing for misdemeanors

    The majority of crimes in Chattanooga are treated as misdemeanors (Class A, Class B, or Class C).


    For a Class “A” misdemeanor, like marijuana possession, you face incarceration for up to 11 months and 29 days, as well as a fine of up to $2,500.


    However, lower-class misdemeanors (B or C) may result in fines of up to $500 and less jail time – or even no jail time at all. Aggravated criminal trespass (Class B misdemeanor) and public intoxication (Class C misdemeanor) are good examples.


    Generally speaking, the more “aggravated” the misdemeanor, the more severe your sentence. Often, the precise penalty is down to the discretion of the judge and the persuasive powers of your defense lawyer.


    If you are a first-time offender charged with a non-violent crime, you have a greater chance of leniency.

  • Types of sentencing for felonies

    Tennessee has five different classes of felonies, which cover the most serious crimes. Certain crimes are classified separately and punishable by death or life imprisonment, such as first-degree murder.


    The next most serious are Class A felonies, like aggravated rape. These are punishable by 15 to 60 years in prison and a fine of up to $50,000.


    Even the least serious felonies (Class E), such as theft, still result in prison time of up to one to six years.


    As well as a jail sentence, a felony conviction can severely limit certain constitutional rights, such as the right to vote and to own a firearm.

What is probation?

Probation is a type of sentencing option that may be available to first-time offenders accused of non-violent crimes in Tennessee.


This allows you to serve your time in the community rather than behind bars. In some cases, if you are convicted of a crime, you may still have to serve some time in jail but you may be able to see out the rest of your sentence on probation.


It provides flexibility for people convicted of crimes who are considered low-risk to the general public.



However, note that probation generally comes with strict conditions. Any probation violation is likely to be treated harshly and this could lead to jail time again.

Understand your rights when facing a criminal charge in Chattanooga

A skilled criminal defense lawyer will talk you through your rights, the legal options available, and how to avoid the most serious short-and-longer-term consequences.


At Houston & Alexander, PLLC, our lawyers have inside knowledge of the criminal justice system in Tennessee. This can put you at an immediate advantage in the courtroom.


  • Johnny Houston is a veteran trial attorney and an elected judge in Red Bank, Tennessee.
  • Bret Alexander is a former U.S. federal prosecutor.


This adds up to an enormous amount of legal experience and knowledge to place at your disposal as your case works its way through the justice system.

Been charged with a criminal offense in Chattanooga?

If you’ve been charged with a criminal offense in the Chattanooga area and are unsure where to turn, start by going through the details with one of our criminal lawyers during a free consultation.


You can expect us to listen and to provide trustworthy legal advice that will help to answer all the questions going through your mind. We can then start preparing a defense that works towards the best possible outcome for you and your future.

Frequently Asked Questions

  • What are my rights after I’ve been arrested?

    After an arrest, a law enforcement officer must read you the Miranda rights to you. This allows you to remain silent and refuse to answer questions that may incriminate you. At this point, if not before, most people accused of a crime ask to speak to their lawyer. This is another legal right that you have. Remember, it is illegal for police officers to deny your request for a lawyer and, if you cannot afford a lawyer, you must be provided with access to a public defender.

  • Am I eligible for an expungement?

    Expungements of criminal records in Tennessee are quite rare but you may be eligible if:


    • Your charges were dismissed
    • A “no true bill” was returned by a grand jury
    • You were released without being charged
    • Your trial resulted in a “not guilty” verdict
    • The case was not prosecuted
    • A protection order against you was denied by the court

  • I was arrested, but my case was completely dismissed. do I have a criminal record?

    If you are acquitted of criminal charges or the case never made trial (it was dismissed), the details will appear on your criminal record. However, you can apply for expungement, which will permanently wipe the charges against you from your record.

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RESOURCES AND ARTICLES

Violating Probation in Chattanooga

By Jeremy Shankman • July 23, 2021
Violating Probation in Chattanooga: What Happens Next? There are very few good reasons for violating probation – and many compelling ones for following the terms of your probation to the letter. Even minor violations can result in severe consequences. In some circumstances, where an honest mistake was made or an emergency arose, [...] The post Violating Probation in Chattanooga appeared first on Houston & Alexander PLLC.

Lasting Impacts of a DUI on Personal and Professional Life

By Houston & Alexander, PLLC • June 4, 2021
Lasting Impacts of a DUI on Personal and Professional Life About 4000 people are arrested or charged for a DUI in the U.S every day. Driving under the influence is a common offense, despite the harsh legal consequences. A DUI conviction can lead to a ruthless sentence, which may include indefinite jail time, [...] The post Lasting Impacts of a DUI on Personal and Professional Life appeared first on Houston & Alexander PLLC.

October/November 2020 Newsletter

By Houston & Alexander, PLLC • November 4, 2020
The post October/November 2020 Newsletter appeared first on Houston & Alexander PLLC.
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