Frequenty Asked Questions (FAQ)

General | State Criminal Cases | Federal Criminal Cases

General

Every person charged with a felony offense has the right to a trial by jury. Under our constitution, every defendant is presumed innocent, and no one can be convicted unless the prosecution proves its case beyond a reasonable doubt. In most cases, the prosecution will make an offer to resolve the charges by plea agreement, and it is the defendant’s absolute right to decide whether to go to trial or enter a guilty plea. You will not be asked to make that decision until Ms. Morris completes her investigation and legal analysis of the case so that she can fully advise you of the strengths and weaknesses of the prosecution’s case and the likelihood of success at trial.

State Criminal Cases

General Sessions Court

The first stage of most felony cases is the preliminary hearing in General Sessions Court. At the preliminary hearing, the state will present witnesses who will testify about the basic facts supporting the charges against you. If the judge finds probable cause to believe you have committed a crime, your case will be bound over to the Grand Jury.

Do I need a lawyer for General Sessions?

Yes. Although some people waive their right to a preliminary hearing to save the cost of hiring a lawyer at that early stage, this can be a mistake. You need a lawyer who can ask the state’s witnesses the questions that may lead to a motion to suppress in Criminal Court or otherwise expose weaknesses in the state’s case you might not otherwise discover at that early stage–if ever.

What happens if my case is bound over to the Grand Jury?

The Grand Jury will decide if there is enough evidence to issue an Indictment. If you are indicted, your next court appearance will be in Criminal Court, for arraignment. In some cases, the prosecutor will seek an Indictment without first charging the defendant under a complaint. If that happens, you have no right to a preliminary hearing.

Can my case be resolved in General Sessions Court?

Yes. If the judge finds no probable cause after hearing testimony, the case will be dismissed. Or, if your case is a misdemeanor or if plea bargaining with the prosecutor results in a reduction from a felony to a misdemeanor charge, the General Sessions judge can take a guilty plea.

Criminal Court

Your first appearance in Criminal Court is for arraignment on the Indictment. In Davidson County, you will receive the court’s scheduling order at your arraignment, and that order will indicate the deadlines for filing pretrial motions and settlement discussions. Court dates and other information for Davidson County cases is available at www.ccc.nashville.gov.

What Can I Expect After My Arraignment?

The trial judge typically issues a scheduling order which allows time for the discovery process, plea negotiations, pre-trial motion hearings, and a settlement deadline. Ms. Morris will use this time to investigate the state’s case and your defenses to the charges. She will keep you informed of her progress on your case, and she will work closely with you to develop the defense strategy.

What is Discovery?

“Discovery” is the process for obtaining information from the State which the prosecutor plans to use against you at trial. Ms. Morris will file a Motion For Discovery which requests documents, video and audio recordings, lab results, ballistic reports, any statements you made to police, and any other materials the State will use as evidence at trial. The only thing the state is not required to provide before trial is witness statements.

What if the State Refuses to Provide Discovery?

If the state fails to provide any discovery or omits anything Ms. Morris’ investigation reveals should be included, she will file a Motion to Compel Discovery. Any discovery materials which are not provided as required by the court may be excluded from evidence at trial.

What Pre-trial Motions Can I Expect?

It depends on the facts of your case. If, for example, the police made a traffic stop and found evidence of a crime in your car, Ms. Morris will examine the facts and determine whether the stop was illegal or if the police made an illegal search and seizure. If your home was searched, there may be a violation of your Fourth Amendment rights. If you gave a statement to police without being given Miranda warnings, there may be a basis to suppress that statement. If the police placed a wiretap on your phone, a motion to determine whether that wiretap was illegal may be filed. If you talked to an inmate about your case and we later discover that the inmate is a police informant, we’ll examine whether your statement to the inmate can be suppressed. The first goal of Ms. Morris’ pretrial motion analysis is to determine whether yours is the rare case in which pretrial motions will exclude all incriminating evidence and lead to a dismissal of the charges.

How Do I Decide To Go To Trial Or Enter a Guilty Plea?

You have the absolute right to a jury trial, and the decision to go to trial is entirely yours. After investigating your case and conducting appropriate legal research, Ms. Morris will advise you of the pros and cons of going to trial, including all the defenses you may raise. If the facts and the law do not support a dismissal of the charges, the next step is seek the best plea bargain possible from the prosecutor. If you are faced with a choice between a certain sentence through a plea agreement, whether it involves probation or incarceration, and a trial whose outcome is impossible to know, Ms. Morris will assist you in reaching the most important decision in your case if not your life. If you choose to go to trial, Ms. Morris will aggressively defend you against all allegations, forcing the state to try to prove its case beyond a reasonable doubt.

Can You Guarantee a Specific Result?

Absolutely not. No lawyer can guarantee a particular result in your case.

Federal Criminal Cases

Most federal cases are initiated with an Indictment rather than a complaint, which means that there are far fewer opportunities for preliminary hearings in federal court. Your initial appearance will be before a Magistrate Judge who will advise you of your constitutional rights and, if the government has filed a Motion for Detention, set a hearing to determine if you will be released or incarcerated pending trial. You can find additional information about federal court in the Middle District of Tennessee at http://www.tnmd.uscourts.gov.

How Do I Make Bond in Federal Court?

Unlike state court, making bond isn’t just about paying a bondsman. Sometimes no bond is required at all and you will remain free, subject to pretrial release conditions, pending trial. In certain types of cases, however, including drug trafficking cases and any violent crime, there is a presumption against pretrial release, which means that the burden is on the defense to convince the judge that pretrial release is appropriate. Ms. Morris will interview your family members and significant others in your life to determine how best to present your case for pretrial release.

What’s the Difference Between Federal and State Pre-Trial Procedure?

One of the main differences is the Speedy Trial Act, which requires that trials begin within 70 days of your initial appearance in federal court. There are some exceptions to this deadline, and it is unusual for a federal case to go to trial that quickly. Ms. Morris will explain the exceptions to you and advise you of your rights under that Act.

The Local Rules for the Middle District of Tennessee (Nashville, Springfield, Gallatin, Franklin, Dickson, Clarksville, Cookeville, Columbia, and surrounding cities) require the government to provide discovery materials within two weeks of your arraignment. Pre-trial motions are due two weeks later. As with the Speedy Trial Act, there are exceptions to these deadlines.

Motions which do not require evidentiary hearings may be decided by the District Court Judge based upon the written pleadings alone. For example, motions to compel discovery may not require a court appearance.

A higher percentage of federal cases are resolved by guilty plea than by trial, in part because the federal government primarily prosecutes cases where the prosecution’s proof is particularly strong, often relying on proof from co-defendants whose plea agreements require them to testify against their friends and associates. This fact does not change Ms. Morris’ approach to your defense. She first seeks a basis to suppress incriminating evidence. If it cannot be suppressed, she investigates means to challenge its credibility. If conviction appears likely, she will seek the best plea offer available. As with state cases, the decision to go to trial or enter a guilty plea is yours alone. Ms. Morris will advise you of your defenses and your options so that you can make a fully informed decision. If you choose to go to trial, you will have a committed and aggressive advocate using all available means to push for acquittal.

If I Am Convicted of a Federal Crime, How Will My Sentence Be Determined?

Unlike in state court, where plea bargains typically include an agreed sentence, in federal court only the judge can decide what sentence to impose. The United States Sentencing Guidelines, found at http://www.ussc.gov/guidelin.htm, play a major role in determining sentences. For each federal crime, points are assigned for “offense conduct,” including any factors which must be considered as enhancements, that is, aggravating factors which may lengthen the sentence, and any factors which should be considered to mitigate the sentence. If you have any prior convictions, “criminal history” points are calculated based on factors such as length of the sentence, whether the sentence involved incarceration, and whether you were on probation at the time of the federal crime. From these calculations, the judge will determine the advisory Guideline range. The judge will also consider your personal history and a variety of other factors specified by statute. Ms. Morris typically prepares a Sentencing Memorandum and Recommendation which details the favorable information about her clients and argues for the most lenient sentence possible.

Will I Have a Choice About Where I Serve My Federal Sentence?

No. The Bureau of Prisons will determine the appropriate prison, and it could be anywhere in the United States. Although federal district judges make recommendations about the location of incarceration based upon the defendant’s request, the judge cannot order that you serve a sentence of imprisonment at any particular place. For general information about the Bureau of Prisons, go to www.bop.gov.

Is Parole Available for Federal Crimes?

No. A sentence of imprisonment means you can expect to serve the entire sentence, except that you can earn good-time credit of up to 54 days per year.