Your second court date will be for either a hearing, this is called your preliminary hearing or it will be for your plea. In General Session these are your only two options, and if you are charged with a Felony DUI in Tennessee you will not be permitted to plea to that in General Sessions, you will have to proceed to Criminal Court for a Felony Plea. You might ask, what happens if I have a preliminary hearing in General Session?

A hearing in General Sessions Court most of the time results in your case being bound over to the Grand Jury of your district, it is at the Grandy Jury that you are usually indicted. If your case is dismissed by the Judge at preliminary hearing you can still be indicted by the Grand Jury, if the Assistant District Attorney presents it, that is because jeopardy does not attach, meaning you can be tried for this crime again.  

General Sessions Court is a good place to resolve many alleged crimes such as a DUI, Marijuana Possession, Theft, and many others. However when a case cannot be settled it is also a good place to discover information that the State has in regards to your case, it allows you to see what probable cause they have to send your case to the Grand Jury.

Should you need representation in your DUI or other alleged criminal act, please feel free to call the office at toll free 1 (877) 271-2633.

Daniel L. McMurtry, Esq.

I will first address the issues regarding car insurance as it relates to your DUI in Nashville Tennessee. Upon conviction of a first offense DUI you are eligible for a restricted license, however you must first obtain SR-22 Insurance first, One might ask what is SR-22 insurance? The answer quite simply is high risk insurance, once you obtain that and meet the other requirements of the court you may apply for your restricted license under the laws of Tennessee.

A Nashville, Tennessee DUI can effect life insurance, under a policy purchased through your work, often referred to as an ERISA policy, if your death is a result of your intoxication, (ie drunk driving), it is no longer considered an accidental death under Federal Law. The result means that although it was a car wreck, (an accident), under an ERISA life insurance policy there will be no accidental death benefits paid out to your family. The Federal Courts have determined it is not an accident to drink and drive, and your death as a result will not trigger the double indemnity portion of your life insurance policy.

Some state courts have determined that your death resulting from your drinking and driving  is an accident, and thus the life insurance policy may still pay the double indemnity to your family. However, many insurance policy now have seen the actions of the state courts and have written into their policies clear and concise language that specifically excludes your death from drunk driving to pay double indemnity, under the accidental death portion of your life insurance policy. 

Should you have life insurance questions concerning the wrongful witholding of benefits, please give me  a call, I will put my insurance knowledge and dui knowledge to work for you. Please feel free to phone us anytime, You may reach the firm at toll free 1 (877) 271-2633.

Judicial diversion is under a statute in Tennessee entitled 40-35-313. It is quite possibly the most important statute to first time offenders. This statute allows someone to complete a probationary term, (should all requirements be satisfied), the judge may then allow you to expunge these charges off of your record forever. Judicial diversion allows you to honestly answer on all applications (after completion of probation) that you have never plead guilty to a crime. There are several crimes to which you cannot use 40-35-313, many involve violence and sex crimes, and again you cannot use 40-35-313 on a Nashville Tennessee DUI charge. The main difference in judicial diversion and pre trial diversion, you agree in a judicial diversion 40-35-313 that you are going to be convicted of the crime that you are on probation for, should you not complete the probation, you in effect have a conviction hanging over your head while you are on probation, and if you fail at probation, then it becomes a conviction, and the judge can have a sentencing hearing and sentence you to jail. Should you complete the probation you are eligible to have your entire record cleared of the charges, ie all records destroyed.

What is pre trial diversion in Tennessee? Pre trial diversion involves actually suspending the prosecution of your case. If you will, the prosecutor agrees to hold the prosecution of your case until you complete all of the requirements of probation. In pre trial you have not agreed to be guilty of a crime, should you fail to complete the probation, the prosecution of your crime will start again if you fail the probation time, you have not agreed that you will automatically be guilty of the crime, should you not complete your probation, and once again this is not available for a Nashville DUI. Just like judicial diversion there are crimes to which this pre trial program is not available, such as some violent crimes and sex crimes.  Once all the terms of probation have been met you are illegible to have your record expunged, ie all the paperwork destroyed.  

To qualify for these programs it is necessary to complete a TBI records check, most courts await this decision from the TBI before proceeding under either program. As I represent many people in many different counties in Tennessee, these programs are administered very differently from county to county, some are very formal in using these programs, ie quite a lot of paperwork by the attorney to make sure the client gets in the program and gets their record expunged, to some counties simply holding the charge in abeyance, ie just setting it aside in the clerks office for a year and then returning a year later to dismiss the charge as long as the client has done everything the judge has requested. 

Does the state ever refuse diversion? Yes the state does refuse sometimes, following the proper procedure rules in Tennessee you may appeal this denial to the Court of Appeals or if you are in General Sessions you may appeal to the trial courts for a determination on whether the diversion was properly denied.

There are many time specific requirements, prior conviction determinations, and prior sentence served determinations that have to be made in applying either of these programs. Should you wish to consult with me, please call my law office at (615) 308-2633.

I have used both of these programs to help many first time offenders keep life altering convictions off of their records.

In defending a drug crime involving a search one needs to focus on the fourth Amendment issues. More and more these issues are a result of a stop by police officers (in search of drugs) on a motorist on the interstate. It is my job as a criminal attorney to make sure that your rights are protected against such violations. Whether the search revealed medication that did not belong to you, marijuana, cocaine, or other narcotics, the 4th Amendment issues must be protected in every clients stop. I will fight hard to protect those rights.

Under case law in Tennessee even just being in the same room with drugs does not prove they are yours, or that you have ever ingested them,  many times I have represented individuals who have been at parties where drugs were found in another room, they were charged, but under the Tennessee case law a very favorable result was had due to  proper research and protection of 4th Amendment rights.

There must be probable cause to search, not the police going on a hunch or guessing, but real facts to support probable cause.  It is just simply not enough to think someone has drugs in Tennessee, you must have far more than that to proceed with a search. As a criminal attorney in Tennessee I will make sure and review every part of the search to uphold your rights.

During the course of my practice as a criminal attorney I have filed suppression motions in Tennessee courts, I have tried class A felony drug charges to a jury. In reviewing your facts, if we find that your rights were violated we will work hard to suppress the fruits of the illegal search.  I have defended people for misdemeanor drug possession all the way up to class A felony drug possession, give me a call today and let me review the facts of your case.

You may contact the law office at (615) 308-2633, we look forward to hearing from you.

In defending a drug crime involving a search one needs to focus on the fourth Amendment issues. More and more these issues are a result of a stop by police officers (in search of drugs) on a motorist on the interstate. It is my job as a criminal attorney to make sure that your rights are protected against such violations. Whether the search revealed medication that did not belong to you, marijuana, cocaine, or other narcotics, the 4th Amendment issues must be protected in every clients stop. I will fight hard to protect those rights.

Under case law in Tennessee even just being in the same room with drugs does not prove they are yours, or that you have ever ingested them,  many times I have represented individuals who have been at parties where drugs were found in another room, they were charged, but under the Tennessee case law a very favorable result was had due to  proper research and protection of 4th Amendment rights.

There must be probable cause to search, not the police going on a hunch or guessing, but real facts to support probable cause.  It is just simply not enough to think someone has drugs in Tennessee, you must have far more than that to proceed with a search. As a criminal attorney in Tennessee I will make sure and review every part of the search to uphold your rights.

During the course of my practice as a criminal attorney I have filed suppression motions in Tennessee courts, I have tried class A felony drug charges to a jury. In reviewing your facts, if we find that your rights were violated we will work hard to suppress the fruits of the illegal search.  I have defended people for misdemeanor drug possession all the way up to class A felony drug possession, give me a call today and let me review the facts of your case.

You may contact the law office at (615) 308-2633, we look forward to hearing from you.

Mr. McMurtry began his career as a third year law student trying a murder trial with the head of the Mississippi Department Legal Defense. He learned the criminal justice system from the date of arrest all way up and through jury trial. The procedures at each turn in a criminal matter may have lasting effects, he understands the consequences of your decisions.

The clients at the Law Firm of Daniel L. McMurtry come from all walks of life, carpenters, plumbers, doctors, laborers, lawyers, teachers and many more areas. Each case is given attention to detail, as each case has its own facts with which to work. Mr. McMurtry understands that the case most important to you, is yours.     

Mr. McMurtry has tried cases in Tennessee, and Mississippi, he has represented people in East, West and Middle Tennessee. His hard work and vigor led to his being invited to be an Ames Moot Court Judge at Harvard University Law School, where he also spoke on trial work to the first year students. He has also used focus groups to test legal theories before taking them to trial, along with continue to update his knowledge through legal education lectures.

To schedule a free consultation with Mr. McMurtry please call (615) 308-2633, let him put his hard work and legal knowledge to work for you.