NASHVILLE CRIMINAL LAWYERS | CASE STUDIES
PRACTICE AREA(S): Drug Lawyer
CASE BRIEF: I received a call from a young man who was stationed with the Army on his second tour in Iraq. He had been cooperating for a period of time with federal DEA agents in a multinational steroid conspiracy. He had just received an email from a DEA agent letting him know the government (unexpectedly) would indict him.
THE STAKES: The possible penalties for the crimes with which he was charged would include at the very least a felony conviction and very likely prison time and a dishonorable discharge.
THE GOAL: Either an agreed upon dismissal by the AUSA or we had to get a not guilty verdict at trial.
CHARGES: Conspiracy to Possess Anabolic Steroids with Intent to Distribute and Possession of Anabolic Steroids with Intent to Distribute.
CHARGE CLASSIFICATION(S): Felony
RELEVANT LAWS FOR CHARGE: 21 U.S.C/ 841(a)(1) and 21 U.S.C. 846.
The possible prison time is up to 20 years.
OUTCOME / RESULT: Military career saved! On the eve of trial, the government agreed to give our client a diversion with a complete dismissal of all charges.
PRACTICE AREA(S): Drug Lawyer
CASE BRIEF: Criminal defense case study of a juvenile client arrested on a probation violation warrant in Nashville, TN. Our client was charged with violating his conditions of felony probation after a search warrant was executed on a Nashville home where our client previously resided. During the search, firearms, ammo, drugs, and drug paraphernalia were alleged to have been discovered.
THE STAKES: Our (teenage) client was facing real prison time as an adult and the prospect of being a convicted felon the rest of his life.
THE GOAL: Our primary goal was to keep him out of prison and, if possible, get the charges dismissed so he could keep a felony conviction off his record and attend college.
CHARGES: Violation of Probation for allegedly failing to report to his Probation Officer and being in possession of firearms and drugs. The underlying charges for which on probation were misdemeanor possession of handgun, felony evading arrest in motor vehicle, and misdemeanor leaving the scene of an accident.
CHARGE CLASSIFICATION(S): Class E Felony, Class A Misdemeanor(s)
OUTCOME / RESULT: Violation of Probation charges dismissed and college dreams saved! Client was placed right back on probation with no impact, no new conditions, nor having to start probation over. Once completed, he’ll have a clean record!
PRACTICE AREA(S): Order of Protection
CASE BRIEF: Civil defense of an Order of Protection case study of a client who was accused of stalking and threatening the mother of his children and former girlfriend in Nashville.
THE STAKES: If granted, our client would have been completely at the mercy of his ex-girlfriend if he ever wanted to see his children.
THE GOAL: Our client also needed and wanted an Order of Protection against her, so we filed an order of protection for him and had them heard at the same time.
CHARGES: Order of protection
CHARGE CLASSIFICATION(S): Civil Litigation Attorney
RELEVANT LAWS FOR CHARGE: T.C.A. § 36-3-602
OUTCOME / RESULT: The father's sense of safety is restored and he can see his children without any fear of false allegations being made by the mother. We got the Protection Order against him dismissed & won our cross petition (competing Order of Protection) against the ex-girlfriend/mother.
PRACTICE AREA(S): Criminal Defense Attorney
CASE BRIEF: Domestic violence lawyer case study of a client accused of domestic assault by her daughter in Davidson County. If the case was not dismissed, out client would also face a probation violation charge for a previous DUI.
THE STAKES: The stakes were high personally and legally for our client, Mary. A conviction would have cost Mary a lot of money along with her job, and if it wasn't done right, she might lose her daughter forever.
THE GOAL: Our client desperately wanted to keep her family together and stay out of jail. We didn't just have to win to meet Mary's goal, we had to win in a way that helped Mary reconcile with her daughter. Luckily, we don't shy away from the hard ones!
CHARGE CLASSIFICATION(S): Class A Misdemeanor; Violation of Class A Misdemeanor Probation
OUTCOME / RESULT: Mother and daughter’s relationship allowed to heal! The domestic assault charge was dismissed. The violation of probation charge also dismissed.
PRACTICE AREA(S): Assault Lawyer
CASE BRIEF: This is a study of a criminal case wherein our client was in the U.S. on a work visa and was indicted on four felony charges of aggravated assault with a deadly weapon in Nashville after an incident at his home involving his extreme intoxication and his girlfriend and her three children.
THE STAKES: Almost any outcome other than dismissal or retirement would result in our client being deported back home to El Salvador and being separating him from his family.
THE GOAL: Because our client was legally residing in the U.S. on a work visa, our goal was maintain his status as a legal immigrant. That meant we needed the charges to be retired, or if possible dismissed.
CHARGES: Aggravated Assault (four counts).
CHARGE CLASSIFICATION(S): Class C Felonies
RELEVANT LAWS FOR CHARGE: T.C.A. § 39-13-102
OUTCOME / RESULT: All four felony charges were retired for two years, and our client did not have to enter any sort of plea.
PRACTICE AREA(S): Order of Protection
CASE BRIEF: Order of protection case study of a client accused of stalking his ex-girlfriend via texts, accessing her email, and other online accounts.
THE STAKES: Our client had zero criminal history and was a high-profile individual.
THE GOAL: To protect our client’s public profile and safeguard him from unnecessary risk, our goal was to have the order of protection dismissed and, if possible, expunged.
CHARGES: Ex Parte Order of Protection and Order of Protection.
CHARGE CLASSIFICATION(S): Order of Protection
RELEVANT LAWS FOR CHARGE: T.C.A. § 36-3-602
OUTCOME / RESULT: Without even having to have a hearing, our client was completely vindicated without any negative public attention. He is free to exercise any rights he maintained in the company and participate in the community he helped create.
PRACTICE AREA(S): Drug Lawyer
CASE BRIEF: Our client and her husband were charged with trafficking over 300 pounds of marijauna from the border town of McAllen, Texas, through Nashville. They were actually running the drugs for the Mexican cartel, but they were arrested with the 300 pounds of marijauna still in their vehicle as they drove through Nashville.
THE STAKES: Our client and her husband were charged with trafficking over 300 pounds of marijuana from the border town of McAllen, Texas, through Nashville.
THE GOAL: Our client’s goal was to somehow stay out of prison and be able to keep custody of her child.
CHARGES: Possession with Intent to Deliver Class VI Drug (marijauna).
CHARGE CLASSIFICATION(S): Class A Felony (drug charges are graded based on the type of drug and the weight of the drug)
RELEVANT LAWS FOR CHARGE: T.C.A. 39-17-417; 40-35-111; and T.C.A. 40-35-112. The possible penalties for this offence are a range of 15 to 25 years (because she had no criminal history and was a Range 1 Offender) and up to a $500,000 fine (specially set fine for drug cases).
OUTCOME / RESULT: Mother and son remain together! Four years of probation – no jail time.
PRACTICE AREA(S): Criminal Defense > Theft Crimes
CASE BRIEF: Criminal defense case study of a client charged with misdemeanor theft and publicly defamed (by the accuser) after taking a stray cat that attacked his cat on his property out into the woods for disposal in Cheatham County, Tennessee.
THE STAKES: This was a small-town affair. The accuser took to social media and stirred people into a frenzy that resulted in death threats to our client. Our client’s reputation and safety were in jeopardy. The possible penalties for the charge included a year in jail and a $2,500 fine, but the damage to his reputation and associated threats on his safety were also huge factors.
THE GOAL: Our client wanted to be completely vindicated AND pursue a lawsuit against the accuser for malicious prosecution. Because an essential element of a claim for malicious prosecution is the “dismissal” of the case for which you were wrongfully prosecuted, our goal was dismissal.
CHARGES: Theft under $1,000.
CHARGE CLASSIFICATION(S): CLASS A MISDEMEANOR
OUTCOME / RESULT: Theft charge dismissed and all of the client’s remedies against the false accuser preserved.