Tennessee Criminal Defense Attorneys

At DearLegal, we connect you with experienced Tennessee criminal defense attorneys who navigate the Criminal Sentencing Reform Act of 1989, Pretrial Diversion (§ 40-15-105), Judicial Diversion (§ 40-35-313), and Tennessee’s active death penalty framework. Whether your case is in Nashville (Davidson), Memphis (Shelby), Knoxville (Knox), Chattanooga (Hamilton), Clarksville, or anywhere across Tennessee’s 95 counties, we’ll match you with the right attorney — at no cost to get started.

No. Politely decline and ask for an attorney. Tennessee Highway Patrol, TBI (Tennessee Bureau of Investigation), Memphis PD, Nashville Metro PD, Knoxville PD, and local departments use trained interrogation. Anything you say is admissible. Invoke your Fifth Amendment right to silence and Tenn. Const. Art. I, § 9 right against self-incrimination.

Yes. Tennessee Class A misdemeanors carry up to 11 months 29 days and $2,500 fine. Pretrial Diversion (§ 40-15-105) — completion = dismissal and expungement — and Judicial Diversion (§ 40-35-313) make early counsel critical. DV (Domestic Assault, § 39-13-111) and DUI convictions trigger major collateral consequences.

State cases go through Tennessee Criminal Court (Davidson, Shelby) or General Sessions/Circuit Court (most counties). Federal cases go to U.S. District Court for the Eastern (Knoxville, Chattanooga, Greeneville), Middle (Nashville, Columbia, Cookeville), or Western (Memphis, Jackson) District of Tennessee under the U.S. Sentencing Guidelines. Federal cases commonly involve drug trafficking (I-40, I-65, I-75 corridors), § 922(g) firearm cases, wire fraud, and healthcare fraud (large Nashville HCA presence).

Tennessee plea agreements under Tenn. R. Crim. P. 11 are negotiated between the District Attorney General and defense. Pleas can include charge reductions, Pretrial Diversion (§ 40-15-105 — pretrial, no plea, ends in dismissal), Judicial Diversion (§ 40-35-313 — post-plea, ends in dismissal), drug court entry, mental health court entry, recovery court, and stipulated sentence recommendations.

Yes — Tennessee allows expungement of certain non-violent Class E felonies and most misdemeanors after 5 years post-completion under § 40-32-101 et seq. Non-convictions broadly expungeable. Diversion completion (Pretrial or Judicial) = automatic expungement. Violent felonies, sex offenses, and DUI generally not expungeable. The 2024 expungement reforms expanded eligibility for certain non-violent offenses.

Tennessee handles juveniles under 18 in Juvenile Court under Tenn. Code § 37-1-101 et seq. Juvenile records confidential. Expungement of juvenile records under § 37-1-153. Transfer to adult court for 14+ for serious offenses under § 37-1-134; certain offenses (first-degree murder, second-degree murder by 16+) excluded from juvenile jurisdiction.

Tennessee DUI under § 55-10-401: BAC .08+ adult, .02 under 21, .04 CDL. First offense: 48 hours to 11 months 29 days jail (mandatory 48 hours minimum), $350-$1,500 fine, 1-year license revocation, IID required. Second offense: mandatory 45 days. Third offense: Class E felony, mandatory 120 days. Implied consent under § 55-10-406. Vehicular Assault DUI (§ 39-13-106) Class D felony; Vehicular Homicide DUI (§ 39-13-213) Class B felony.

Why Do You Need a Criminal Defense Attorney in Tennessee?

Tennessee classifies crimes under Tenn. Code Title 39. Felonies are Class A (15-60 years), B (8-30), C (3-15), D (2-12), and E (1-6) under the Criminal Sentencing Reform Act of 1989 (§ 40-35-111). Misdemeanors are Class A (up to 11 months 29 days), B (up to 6 months), and C (up to 30 days). First-Degree Murder carries life, life without parole, or death (§ 39-13-202) — Tennessee retains an active death penalty and has resumed executions in recent years. Tennessee marijuana laws remain among the strictest in the country: no medical or recreational legalization. Simple possession (.5 oz or less) is a Class A misdemeanor (§ 39-17-418) up to 11 months 29 days. Pretrial Diversion (§ 40-15-105) is available for many first-offenders before prosecution begins, leading to dismissal and expungement. Judicial Diversion (§ 40-35-313) is available after a guilty plea but before conviction, leading to dismissal and expungement upon completion. Tennessee’s 31 Judicial Districts each have an elected District Attorney General with broad discretion. Tennessee uses determinate sentencing within statutory ranges based on offender classification (Range I-III) and offense class.

When Do You Need a Criminal Defense Attorney in Tennessee?

Our network includes Tennessee criminal defense attorneys who handle every kind of case, including:

Types of Criminal Defense Cases in Tennessee

From the moment you connect with a Tennessee criminal defense attorney, they go to work protecting your claim. The most common case types we handle:

Talking to THP, TBI, Memphis PD, Nashville Metro, or any Tennessee officer without an attorney

Consenting to a search when Tenn. Const. Art. I, § 7 may require a warrant

Missing a Tennessee court date — capiases and bond forfeiture follow

Posting about the case on social media — Tennessee DAs subpoena platforms aggressively

Deleting messages or photos from your phone — Fabricating or Tampering with Evidence (§ 39-16-503) is a felony

Accepting the DA’s first plea offer without exploring Pretrial Diversion, Judicial Diversion, recovery court, mental health court, or charge reduction

Talking to THP, TBI, Memphis PD, Nashville Metro, or any Tennessee officer without an attorney

Consenting to a search when Tenn. Const. Art. I, § 7 may require a warrant

Missing a Tennessee court date — capiases and bond forfeiture follow

Posting about the case on social media — Tennessee DAs subpoena platforms aggressively

Deleting messages or photos from your phone — Fabricating or Tampering with Evidence (§ 39-16-503) is a felony

Accepting the DA’s first plea offer without exploring Pretrial Diversion, Judicial Diversion, recovery court, mental health court, or charge reduction

Common Tennessee Criminal Defense Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Tennessee Criminal Defense Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Criminal defense attorneys in Tennessee work on hourly or flat-fee retainers — contingency fees are prohibited in criminal cases under Tenn. R. Prof. Conduct 1.5(d) and ABA Model Rule 1.5(d). Misdemeanors and most felonies are flat-fee; complex cases use hourly billing. The Tennessee District Public Defender system and county public defender offices represent indigent defendants.

What Can Your Tennessee Criminal Defense Compensation Include?

Charge Dismissal

Outright dismissal through motion to suppress, motion to dismiss for insufficient evidence, DA nolle prosequi, or speedy trial dismissal under Tenn. R. Crim. P. 48.

Charge Reduction

Reduction from felony to misdemeanor, from higher-class felony to lower (Class A to Class E, etc.), removal of mandatory minimum and Range enhancement allegations.

Diversion (Pretrial or Judicial)

Pretrial Diversion (§ 40-15-105) — pretrial, no plea, ends in dismissal and expungement. Judicial Diversion (§ 40-35-313) — post-plea, ends in dismissal and expungement upon completion. Recovery court, mental health court, veterans court, DUI court.

Plea Agreement

Negotiated resolution under Tenn. R. Crim. P. 11. Includes charge reductions, dismissed counts, recommended sentences within ranges, and probation in lieu of incarceration.

Trial Acquittal

Not guilty verdict by Tennessee jury or judge. Tennessee criminal juries are 12 for felonies, 12 for misdemeanors (waivable to 6), and must be unanimous (Tenn. Const. Art. I, § 6).

Post-Conviction Relief

Tennessee PCR under § 40-30-101 et seq. — 1-year filing window from finality. Includes IAC, newly discovered evidence, illegal sentence, constitutional violations. Successor petitions restricted.

!!!

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Tennessee Criminal Defense Attorneys

Why Do You Need a Criminal Defense Attorney in Tennessee?

When Do You Need a Criminal Defense Attorney in Tennessee?

Types of Criminal Defense Cases in Tennessee

Common Tennessee Criminal Defense Mistakes

How Much Do Tennessee Criminal Defense Attorneys Cost?

What Can Your Tennessee Criminal Defense Compensation Include?

Ready when you are.

Your help is just

a minute away.

Start your case

in minutes.