Tennessee Criminal Defense Lawyer
A knock from a deputy, a citation from a trooper on I-40, or a call that a warrant has been issued can put a Tennessee resident’s job, license, and record at risk in a single afternoon. Fox, Farley, Willis & Burnette handles criminal defense alongside serious injury and family law matters, and the firm represents people charged with crimes in Knoxville, Clinton, Maryville, Sevierville, Gatlinburg, Pigeon Forge, LaFollette, and across the state. If you are looking for a Tennessee criminal defense lawyer, the first thing to know is that the outcome of a case is often shaped in the first few weeks, before anyone has stood in front of a judge.
Tennessee criminal cases do not all travel the same road. A misdemeanor may begin and end in General Sessions Court, while a felony usually starts with a preliminary hearing there before moving toward a grand jury and then a trial court. Which trial court hears it depends on the county. Knox County, for example, has a dedicated Criminal Court, while in many other districts the circuit court handles criminal dockets. Knowing which door your case walks through, and what can be accomplished at each stage, is a large part of building a defense.
The Charges That Bring Tennesseans Into Criminal Court
Not every charge is built or defended the same way. A DUI turns on traffic stops, field sobriety testing, and chemical test procedure. A drug case turns on searches. A violent offense often turns on who said what and when. The most common categories a Tennessee criminal defense attorney sees include the following.
- DUI and Impaired Driving: Tennessee’s per se limit is 0.08% under Tenn. Code Ann. 55-10-401. A first offense carries a minimum of 48 consecutive hours up to 11 months and 29 days in jail, a fine of $350 to $1,500, and a one-year driving prohibition. A reading of 0.15% or higher raises the minimum jail time to seven days, and having a child under eighteen in the vehicle triggers a 30-day minimum and a mandatory $1,000 fine. There is no per se number for prescription medication, but a driver can still be charged if the drug impaired their ability to drive.
- Repeat DUI Offenses: A second offense carries at least 45 days and a two-year license loss, a third at least 120 days and six years, and a fourth is a Class E felony with 150 days served day for day and an eight-year loss of license. Prior convictions from other states can be used to enhance a Tennessee charge, which matters in a state that draws visitors from across the country.
- Hands-Free Law Violations: Under Tenn. Code Ann. 55-8-199, a driver may not hold a phone with any part of the body, read or send text-based messages, watch video, or reach for a device out of a seated and belted position. It is a Class C misdemeanor, and a first offender may complete a driver education course in lieu of paying the fine. Emergency calls to police, medical providers, or fire services are excepted.
- Felony DUI Fatality Cases: When a crash kills someone and an officer suspects impairment, investigators are required to look into where the driver was served alcohol and notify the Alcoholic Beverage Commission within 48 hours. A criminal case like this often runs alongside a civil claim, so coordination matters.
- Federal Offenses: Drug trafficking, firearms, and fraud cases can land in the U.S. District Court for the Eastern District of Tennessee, whose Northern Division sits in Knoxville and covers Anderson, Blount, Campbell, Claiborne, Jefferson, Knox, Loudon, Monroe, Morgan, Roane, Sevier, and several neighboring counties. Appeals go to the Sixth Circuit.
- Expungement-Eligible Cases: Dismissed charges can be expunged at no cost, and diversion outcomes and certain convictions may also qualify after a waiting period, which makes the way a case ends as important as how it is fought.
How Tennessee Courts Handle a Criminal Case
Every Tennessee county has a General Sessions Court, a court of limited jurisdiction. In criminal matters it conducts preliminary hearings in felony cases and tries misdemeanors when the defendant waives a grand jury and a jury trial in the higher court. That waiver decision is real strategy, not paperwork. Giving up a jury can speed a case and may be right in some situations, but it also gives up an audience that sometimes sees a case differently than a prosecutor does.
Felonies move on beyond Sessions Court to a grand jury, then to Criminal Court in districts that have one or Circuit Court in those that do not. Criminal courts exist in only 13 of the state’s 31 judicial districts, and Knox County is one of them. Blount County sits in the Fifth Judicial District, Knox in the Sixth, Anderson in the Seventh, and Sevier alongside Cocke, Grainger, and Jefferson in the Fourth. Appeals from a criminal court go to the Court of Criminal Appeals, and appeals from municipal courts go to criminal courts. Where your case is filed shapes the judge, the prosecutor’s office, the pace of the docket, and the practical options available.
Why Choose Fox, Farley, Willis & Burnette for Criminal Defense
Fox, Farley, Willis & Burnette defends people facing criminal charges across Tennessee, drawing on more than 170 years of combined attorney experience. The firm reviews the stop, the search, the testing, and the paperwork in every case, because the details often determine what the prosecution can actually prove.
The firm handles negotiated resolutions and contested trials alike, and its attorneys are regularly voted among Knoxville’s Top Attorneys by CityView Magazine. Clients receive honest assessments of their options, regular updates as the case moves forward, and a clear explanation of fees at the outset.
What to Do in the First Days After an Arrest or Charge
Say very little to the officers, and do not try to explain your way out of it. Statements made in a parking lot or a patrol car, even innocent ones, become part of the case. Politely decline questioning, ask for a lawyer, and do not consent to searches of your phone, car, or home. Refusal is not an admission, and a warrant requirement is one of the main protections you have.
If you were arrested for DUI, the license consequences begin separately from the criminal case, so write down the details while you remember them: where you were stopped, what you were asked to do, what you drank and when, and whether an officer read you any warnings. Gather anything that supports your account, such as receipts, texts, and names of people who saw you. Do not post about the incident online. Prosecutors read social media.
Know which court has your case. A first appearance on a misdemeanor will usually be in the county’s General Sessions Court. A felony typically begins there with a preliminary hearing, where a judge decides whether the state has enough to send the case on. Missing any court date can produce a failure-to-appear charge and a warrant, which makes everything harder. If you have a criminal case and an injury claim arising from the same event, such as a crash, tell your lawyer about both right away, because what you say in one can be used in the other. Questions about getting a record cleared later are easier to answer when the case resolves the right way, so keep every court document.
Defenses, Plea Decisions, and Clearing a Record
The strongest defenses usually come from the first few minutes of the encounter. Was there a lawful reason for the stop? Did the officer have probable cause to arrest, or a valid warrant to search? Were field sobriety tests given on level ground and scored consistently? Was a breath or blood test handled and preserved correctly? Each of those questions can lead to suppressed evidence, and when key evidence falls out, charges are often reduced or dismissed.
Plea offers deserve careful reading, not a quick yes. Some outcomes, such as pretrial or judicial diversion, can later allow the charge to be expunged, which a standard conviction may not. For eligible convictions, Tennessee sets waiting periods that begin after the sentence is complete, five years for misdemeanors and Class E felonies and ten years for Class C and D felonies, and eligibility for felonies follows specific lists rather than a general rule. A certificate from the Tennessee Bureau of Investigation is required before most expungement orders issue. Choosing between a plea and a trial without understanding what each does to your record years from now is how people end up with problems they did not expect.
Tennessee Criminal Defense Questions Answered
Do I need a lawyer for a first-offense DUI in Tennessee?
Yes, a first offense still carries real jail exposure, fines, a one-year driving prohibition, and probation of 11 months and 29 days. A lawyer can examine the stop, the testing, and the paperwork, and can often negotiate outcomes that protect your license and record.
What is the legal blood alcohol limit in Tennessee?
The per se limit for drivers is 0.08%. You can be charged below that level if an officer believes alcohol or any drug impaired your driving, and there is no fixed per se number for prescription medication.
What is the difference between General Sessions Court and Criminal Court?
General Sessions handles misdemeanor cases where the defendant waives a grand jury and jury trial, and it holds preliminary hearings in felonies. Criminal Court, or Circuit Court in districts without one, tries felonies and hears jury trials.
Can a Tennessee criminal case be dismissed?
It can. Dismissals commonly come from illegal stops or searches, weak or mishandled evidence, missing witnesses, or successful completion of diversion. Whether yours has that potential depends on facts a lawyer can review.
Will a DUI from another state count against me in Tennessee?
It can. Prior DUI convictions from other states may be used to enhance a Tennessee charge, which can raise the minimum jail time and license loss.
Is the hands-free law a criminal offense?
A violation is a Class C misdemeanor. A first-time offender may be able to complete a driver education course in place of paying the fine, and fines and court costs are modest, but a pattern of violations can still affect your insurance and driving record.
If a crash caused a death, will the other driver face criminal charges and a civil suit?
Often both. A criminal prosecution and a wrongful death or injury claim are separate cases with separate burdens of proof. Statements made in one can be used in the other, so coordinating counsel matters.
How long does a Tennessee criminal case take?
A misdemeanor may resolve in a few months. A felony can take much longer, since it moves through preliminary hearing, grand jury, motions, and trial setting, and complex or federal cases often run longer still.
Can I get my record expunged after a conviction?
Some convictions qualify after a waiting period, five years for misdemeanors and Class E felonies and ten years for Class C and D felonies, counted from the end of the sentence. Felony eligibility follows enumerated lists, so each offense must be checked individually.
Does a criminal charge affect my professional license or job?
It can. Licensing boards and employers may look at both arrests and convictions, so the way a case resolves matters well beyond the courtroom. Tell your lawyer about any license you hold early in the process.
Criminal Defense Representation Across East Tennessee and the State
The firm represents people charged with crimes in Knox County, from downtown Knoxville through the surrounding communities, and in neighboring Anderson County, including Clinton and the towns around it. In Blount County, the firm serves clients in Maryville and nearby communities, and in Sevier County it handles cases arising in Sevierville, Gatlinburg, and Pigeon Forge, where heavy visitor traffic produces DUI stops and other charges involving out-of-state drivers. The firm also serves Campbell County, including LaFollette, along with Roane, Claiborne, Morgan, Jefferson, and Monroe counties.
Beyond East Tennessee, the firm represents clients from Johnson City to Nashville and Memphis, and across Tennessee. Because the state is split into three federal districts, Eastern, Middle, and Western, a federal charge may be heard in Knoxville, Nashville, or Memphis depending on where the conduct occurred. Wherever you live in Tennessee, a call is the fastest way to find out whether the firm can take your case.
Speak With a Tennessee Criminal Defense Attorney Today
A charge does not have to define the next several years of your life, but the decisions made early carry the most weight. A Tennessee criminal defense attorney at Fox, Farley, Willis & Burnette can review the stop, the evidence, and the court your case is headed to, then explain what outcomes are realistic. Call today to talk through your situation.