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Certified as a Criminal Trial Specialist By the Tennessee Commission on Continuing Legal Education and Specialization |
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FILING OF YOUR CASE
I. INDICTMENT
At some point in the process, either before your arrest or within a few weeks of the arrest, the prosecutor will present your case to a grand jury. Neither you nor I will normally be present. If the grand jury, after hearing the prosecutor's presentation, decides that there is enough evidence against you to charge you with a crime, then the grand jury will issue a formal charging document, called an indictment, specifying the exact charges against you.
II. ARRAIGNMENT
Following your first appearance before, and the determination of probable cause by, the magistrate, and after the grand jury has issued an indictment, you will be scheduled for an arraignment before the United States magistrate judge. At the arraignment, your charge(s) are read to you. At that time, you will be required to enter a plea of guilty or not guilty to the charges against you. If the case is a felony charges and your arraignment is before the United States magistrate judge, you will normally be required to enter a plea of not guilty at this time, even if you have already entered into a plea agreement. No further evidence will be taken at this time. The judge will also set dates for motions to be filed, for evidence to be disclosed, and if you decide to proceed to trial, will set the dates for your case to be tried. We will advise you of your rights and the appropriate decisions to make at this time.
PREPARING YOUR CASE
I. GETTING READY
From this point on, we will be gathering the facts and law necessary to advise you of the strength of the prosecution's case, any defenses you may have, the possible sentence you may face if you are convicted, and whether we feel your interests are better served by a trial or a plea of guilty to one or more of the charges. Each case is different. Complicated cases take more time to investigate, evaluate, and prepare for trial then do simple cases. We will be doing whatever is necessary to prepare your case as quickly as possible. Remember, however, a complete investigation takes several weeks or months. Taking the time necessary to prepare your case properly may save you years in prison and any time spent at this stage of the proceedings, even if you are in pretrial confinement, is worth it. The main point to remember is that we can best advice you only after your case is fully investigated and determined what level of punishment the government is seeking. We will then assist you in making the final decisions on matters which might affect your Constitutional rights. You will be kept fully informed by letter or personal visit as your case progresses. If at any time you do not understand any matters in your case, write or call me, and your questions will be fully explained to you
II. INVESTIGATING YOUR CASE
Preparation is the key to proper resolution to your case. On our advice, you mayalso decide to hire investigators and/or experts in the preparation of your case.
Do not contact witnesses who will be called to testify against you . You could be accused of witness tampering, a federal crime. Further, any conversations you have with anyone other than us or our staff could later be used as evidence against you! Remember that most matters involving your case are confidential. Your family will naturally be concerned about your case. Often it is not in your best interest to discuss your case with anyone, even your family. It is important to discuss the issues of confidentiality with us. Other than matters of public record, such as pleading, motions, and notices of hearings, we will not generally provide information to anyone, even family members, unless you specifically instruct us to do so.
III. DISCOVERY
While federal law provides only limited access to the prosecutor's evidence against you, it is important for us to find out as much as possible about your case. To the extent possible, we will take certain steps (called discovery) to learn more about the prosecutor's case to be used against you and to obtain copies of any law enforcement reports or other documents that may be available in your case. We will, in all likelihood, check the United States Attorney's office to get some idea of the prosecutor's feeling about your case. Whenever we talk to the prosecutor, or an adverse witness, we are very careful not to disclose any of the confidential information that you have told us or reveal any confidential strategy or work product of our investigation.
IV. MOTIONS
Before or after investigating your case, we may feel it is appropriate to file a motion(s), which may be heard before or after trial. Again, to best represent you, we must be involved in all matters before the court and you should never file your own motions without fully discussing the proper procedure with us.
V. TRIAL OR PLEAD GUILTY?
Your right to a trial by jury is guaranteed by the United States Constitution. Any decision to plead guilty, accept a plea agreement, waive trial by jury or anything else to give up any constitutional right is exclusively your decision to make. We will fully advise you as to your options and the benefit or risk of each option and give you their recommendation as to the decision that is in your best interest. However, the final decision is yours to make.
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900 South Gay Street
Suite 1502, Riverview Tower
Knoxville, Tennessee 37902-1810
Telephone: 865-525-7980
Fax: 865-525-7896 |
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 | The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements, certification, specialization or self-proclaimed expertise. Certifications of specialization are available to Tennessee lawyers in all areas of practice relating to or included in the areas of Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Elder Law, Estate Planning and Family Law. Listing of related or included practice areas herein does not constitute or imply representation of certification of specialization. These disclosures are required by the Supreme Court of Tennessee.This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. | | | |
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