Tennessee Criminal Attorney Blog
December 19, 2023

What Role Does a Nashville Criminal Defense Attorney Play in Protecting Your Rights Post-Arrest?


Criminal Defense Attorney, Nashville, M. Don Himmelberg & Associates

When you are facing the stress and uncertainty following an arrest, being represented by the right criminal defense attorney can mean the difference between a favorable outcome and a very challenging future. In this blog post we explore the vital role a Nashville criminal defense attorney can play in safeguarding your rights post-arrest.

Understanding Your Rights Post-Arrest 

In Tennessee, the legal framework safeguarding an individual’s rights after they have been arrested on criminal charges are as follows:

The Right to Remain Silent

The right to remain silent prevents you from providing potentially damaging information during questioning. Remember, even seemingly innocent statements can be misconstrued and used against you later. Politely assert your right to remain silent and do so consistently.

Search and Seizure Rights

The Fourth Amendment to the U.S. Constitution protects individuals against unreasonable searches and seizures. In the context of a criminal defense, it is vital to ensure that any evidence used by the prosecution was obtained legally. If evidence is found to be obtained through an illegal search or seizure, a Nashville criminal defense attorney can move to have it excluded from the case.

The Right to an Attorney

Under the Sixth Amendments to the U.S. Constitution, criminal defendants have the right to an attorney. Having an attorney by your side is invaluable when facing criminal charges. When arrested, immediately ask for an attorney. If you cannot afford one, a public defender will be appointed to represent you. 

The Role of a Nashville Criminal Defense Attorney

You have been arrested in Nashville and the stakes could not be higher. Your life and your future hangs in the balance. That is where an experienced criminal defense lawyer in Nashville comes in. Criminal defense lawyers are the champions and defenders of your constitutional rights, and the guardians of your freedom. Here is how that role breaks down:

  • Immediate Assistance Post-Arrest: This includes providing legal advice, protecting your interests, and ensuring you do not inadvertently incriminate yourself.
  • Bail and Bond Hearings: Your attorney will represent you at the bail and bond hearings, arguing for a reasonable bail amount or for your release on your own recognizance.
  • Investigation and Evidence Gathering: This includes gathering evidence, interviewing witnesses, and developing a defense strategy.
  • Plea Bargaining: Your attorney can negotiate with the prosecutor to reduce the charges against you or to secure a more lenient sentence.
  • Trial Representation: If your case goes to trial, your criminal defense attorney will represent you in court, ensuring that your case is presented effectively, and your rights are protected throughout the trial proceedings.
  • Sentencing: In the event you are convicted, your attorney will advocate on your behalf for a fair sentence, considering all mitigating factors and arguing against any excessive penalties.
  • Appellate Representation: If there are grounds for an appeal, your defense attorney can file and argue an appeal to seek a reversal or reduction of the sentence.

To summarize, a Nashville criminal defense lawyer’s role in protecting your rights after an arrest is to ensure that the legal system functions fairly and that your rights are upheld throughout the legal process. 

Contact M. Don Himmelberg & Associates to Consult with An Experienced Nashville Criminal Defense Attorney 

The criminal justice process can be complicated and intimidating, but an individual does not have to face it alone. With the help of an experienced criminal defense attorney, Nashville criminal defendants can ensure that their rights are protected throughout the legal process and work towards the best possible outcome for their case. 

If you or a loved one has been arrested in Nashville, do not delay in seeking legal assistance. Contact M. Don Himmelberg & Associates for a free consultation. Let us put our experience and expertise to work for you.

Categorized as Arrest