Criminal Defense

Aggressive Lebanon Criminal Defense Lawyers Fighting for You

Directing the defense of misdemeanors and felonies throughout Nashville, Mt. Juliet, Cookeville, and throughout Tennessee

To maintain a just and civil society, our country has laws and statutes to deliver justice to those who are victims of crime, and to hold those convicted of crimes accountable with fines and/or imprisonment. A person accused of criminal activity is arrested and then charged, and can be convicted based on their admission of guilt or after a trial. The overall process consists of investigation, arrest, conviction, and sentencing. However – at all stages, a person accused of a crime is entitled to certain fundamental rights, including the right to an attorney and to a speedy trial.

If you’re facing criminal charges − from misdemeanor possession to murder − you can count on our criminal defense lawyers at Lowery, Lowery & Cherry PLLC in Lebanon, TN. From Nashville, Mt. Juliet, Cookeville, and beyond, our attorneys provide an aggressive defense and we work to ensure that all your legal rights are secured and protected throughout every stage of the legal process.

We understand that an arrest and criminal charges bring a lot of questions and worries about your future. Let us answer your questions and work with you to come to the best possible outcome for your case.

Testimonials

Wonderful Job
"Jeff Cherry and his staff did a wonderful job on my Son’s case. I wouldn’t hesitate to recommend Mr. Cherry. Thank you, Mr. Cherry."

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Types of criminal defense cases we handle

Our attorneys protect you throughout every step of the legal process, from pre-arrest investigation to arrest, booking, arraignment and until your case is resolved. We’re ready to assist and defend our clients from a variety of criminal matters, including:

Criminal appeals

If you have gone through a trial and have received an unfavorable outcome, our defense attorneys in Lebanon can evaluate whether you can and should file an appeal. We have handled appeals for murder convictions, DUIs, vehicular homicides, improper sentences, denials of expungements, and procedural errors.

Drug crimes

If you have been charged with a state or federal drug crime, one of our Lebanon criminal defense lawyers is here to help. Recently, our lawyers have advised clients arrested for ecstasy, marijuana, and mushroom possession while visiting our state for the Bonnaroo music festival. Tennessee drug crime laws have gotten tougher and penalties more severe.

DUI and drunk driving

If you have been charged with a DUI, our criminal defense team can protect your rights, whether it is your first, second, third, or fourth offense. The Lebanon, TN DUI defense lawyers at our firm apply their experience and negotiation skills to minimize the consequences you might face.

Federal charges

There are two law enforcement bodies which can charge a person with a crime: state prosecutors and federal prosecutors. Where you are charged can have a serious impact on what types of penalties you face. A conviction on federal charges means federal prison. And if there are hate crime enhancements, gun charges or terrorism enhancements attached to your charges, you could find yourself in a much more secure location, such as Colorado’s supermax prison.

Prescription and opioid drug crimes

With the rise of opioid-related deaths and injuries, TN law enforcement is also cracking down on anything related to prescription medication. If you are facing charges related to these substances, contact us right away.

We also provide skilled representation for:

  • Violent crimes
  • White-collar crimes
  • Sex crimes
  • Sexual assault
  • Theft and robbery
  • Kidnapping
  • Arson

Frequently asked questions: Tennessee driving laws

To earn the privilege to drive, drivers have to test for a driver’s license and operate their vehicles within the rules of the road. They also have a financial responsibility to pay for any injuries or damages that might be caused by their negligent driving. Our attorneys are here to protect the rights of those who are facing traffic violations.

How do I get a driver’s license in Tennessee?

Obtaining a driver’s license in Lebanon requires a driver to pass a vision test, knowledge exam, vehicle inspection, and driving test on the road. New drivers under age 18 are required to follow the TN Department of Safety's graduated driver licensing program (GDL). It is designed to give young drivers the chance to develop their skills gradually, which has been shown to reduce car crashes in this age group. The three stages of the Tennessee GDL include:

  • Learner's permit
  • Intermediate restricted license
  • Intermediate unrestricted license

Once drivers turn 18, and they satisfy all the requirements, they may apply for a regular, Class D driver's license. Fees are required for licensing and are payable to the Tennessee Department of Safety. If a driver is pulled over for a traffic violation and is unable to produce a valid driver’s license, he or she is subject to traffic citations and fines for driving without a license.

Can you help if I get a traffic ticket?

Receiving a traffic citation can cause a great deal of stress and worry. What will happen to your insurance premiums if you get points on your driving record? You do not have time to miss work to sit in court to fight your citation. Examples of the kinds of traffic violations we can handle for you include:

  • Speeding tickets
  • Not having liability insurance
  • Seat belt law violations
  • Running a red light or missing a stop sign
  • Failure to yield the right of way
  • Failure to use a turn signal
  • Following too closely
  • Reckless driving

Our Lebanon traffic violation lawyers have experience representing drivers in traffic cases throughout Tennessee. We are prepared to appear in municipal, city, state or federal courts, and we can handle appeals in Tennessee Circuit Court, the Court of Appeals, or the Tennessee Supreme Court. We also represent commercial drivers, and out-of-state drivers who received a citation while visiting Tennessee.

Frequently asked questions: criminal law in Tennessee

When you are ready to discuss your case, you may contact an experienced Lebanon criminal defense attorney from the law office of Lowery, Lowery & Cherry, PLLC who is ready to advise you. The following are some FAQs about criminal law in Tennessee and the judicial process:

How are criminal investigations handled in Tennessee?

An officer must have reasonable suspicion that a crime has been committed before an individual can be questioned or restrained, according to the Fourth Amendment to the United States Constitution.

If an officer can find evidence to support an arrest, the accused is advised of Miranda rights, including the right to remain silent and the right to counsel. If the person chooses not to speak to the police officer, transport to a holding or booking facility follows. A magistrate will be presented with the case and then issue the arrest warrant if enough preliminary evidence is presented. A bond may be granted, and a court date issued.

What is a plea bargain? How does it work?

A plea bargain allows a defendant to plead guilty to lesser charges with shorter penalties in exchange for saving the court from having to hold an expensive trial. Plea bargaining is unique to criminal law in that the attorneys are trying to negotiate a reduced charge, dropping of some charges, or a more lenient sentence in exchange for the defendant’s guilty plea. Often, the plea is to a lesser offense – in a hypothetical example, an attorney may be able to bargain down a second DUI offense to a first DUI offense, resulting in lesser penalties.

What is reasonable doubt?

The criminal defense lawyers at Lowery, Lowery & Cherry will develop a defense that casts doubt on the prosecution’s case. Defense attorneys perform their own investigations of the crime, often hiring private investigators and expert witnesses to refute the prosecution’s evidence against you. Your attorney will also cross examine the prosecution’s witnesses, trying to expose questionable character, motives, and testimony. If the defense attorney can create enough doubt for the jury, you will have to be found not guilty and released.

What are the most common mistakes the accused make?

Number one is they allow officers to search them, or their vehicle or their home, without a warrant. Consenting to search is probably number one.

Number two is talking with officers instead of remaining silent. They will give statements when they should consult with a lawyer first.

Why should I hire a criminal defense attorney if I’m pleading guilty anyway?

By going into a court of law unrepresented, you lose the opportunity to take advantage of procedures and rights that only criminal defense lawyers have knowledge of. If you don’t have someone to advocate the best possible outcome for you, even if you plead guilty, negative things may happen that can never be undone.

For instance, you may be eligible for a Tennessee judicial or pre-trial diversion agreement, whereby at the end of a certain period your case may be able to be dismissed and expunged from the record. If you did not have legal counsel, you may not have known about the availability of diversion.

What is an expungement?

If you are granted an expungement, your criminal records are destroyed. In future criminal background checks, an expunged conviction will not show up. If his or her record has been expunged, a person can say that he or she does not have a criminal record for the purposes of employment, housing, education, or in applying for a professional license. Our Lebanon criminal defense attorneys can guide you through the process of finding out if you qualify for an expungement and taking the steps to getting your criminal record expunged.

How our Lebanon criminal defense attorneys can help

The experienced team at the law firm of Lowery, Lowery & Cherry is dedicated to representing you. Our attorneys work with you to develop a strong case on your behalf and we advocate zealously for you at every stage of the process. We keep you informed about the progress of your case, we answer your questions, and we advise you as to the most effective course of action given the facts of your case. We provide the quality service we’re known for by:

  • Simplifying issues. Legal issues can be complicated. The Lebanon criminal defense attorney team at Lowery, Lowery & Cherry is trained to deal with complex issues and discuss them with you in a simple and straight-forward manner that you can understand.
  • Winning DUI cases. Testing equipment such as Breathalyzer® results can sometimes register inaccurate readings. The criminal defense attorney team at Lowery, Lowery & Cherry can ensure that law enforcement officials adhere to proper procedures when handling your case.
  • Building an effective defense. To prevail, you need a strong defense. Years of experience and insight allow our criminal defense team to develop strong and persuasive arguments in your defense. We have experience with the process of discrediting invalid evidence and unreliable witness testimony.

If you are facing charges, wish to appeal a decision, have been wrongly subject to criminal forfeiture, or need representation that fights for your best interests, it is time to contact the Lebanon defense firm you can trust. With more than 70 years of combined legal experience we are here to ensure that you receive the thorough representation that is due to you under the law.

Contact our experienced Lebanon criminal defense attorneys to schedule a consultation today

Because of the complexity of criminal defense law, you may benefit from having representation from an experienced Lebanon criminal defense attorney. If you find yourself accused of a crime in Nashville, Mt. Juliet, Cookeville, or elsewhere in Tennessee, you are encouraged to call 615-454-9404 or fill out our contact form. We will ensure your rights are protected and that you receive the best defense available.