The Law Office of Bernie McEvoy is widely recognized for providing comprehensive defense representation to people who have been accused of crimes in Tennessee. With over 25 years of experience, Nashville attorney Bernie McEvoy has handled criminal cases from both sides of the aisle as a former prosecutor and a current defense lawyer. He uses his knowledge of opposing strategies to help defendants reach a fair outcome in cases involving drug crimes, domestic violence, DUI, sex crimes, and other charges. If you are concerned about a criminal matter, you should be assured that you will be treated with respect and compassion as we work to resolve your case.Drug Crimes
State and federal laws generally prohibit the possession, manufacture, delivery, or sale of controlled substances, as well as possession with the intent to manufacture, deliver, or sell controlled substances. In addition to illegal drugs, many medications are defined by law as controlled substances and are thus subject to state and federal laws. Most Tennessee drug crimes are felonies, which are punishable by incarceration and heavy fines. The schedule of the controlled substance, the specific offense charged, and the amount of the controlled substance involved largely dictate the maximum and minimum penalties allowed upon a conviction.
A criminal defense attorney in the Nashville area can fight a drug charge, for example, by highlighting the weaknesses in the prosecution’s case and providing other evidence to support your innocence. If the case cannot be dismissed completely, there may be an argument to reduce the offense charged. For example, even if a large amount of cocaine is found, if there are no baggies, scales, or other evidence that you intended to sell the cocaine, a trafficking charge might be lowered to simple possession, a class A misdemeanor. While possession of some kinds of drugs does require mandatory jail time, a misdemeanor does not carry the stigma or loss of civil rights that a felony drug conviction does.DUI
In Tennessee, a conviction for driving under the influence (DUI) may result in jail time and the loss of driving privileges, even for a first-time offender. Other consequences may include fines, restitution and court costs, an ignition interlock device installed on your vehicle, community service, and drug and alcohol treatment. These penalties increase in severity with subsequent DUIs. For individuals under the age of 21, driving while impaired or simply being in possession of alcohol will result in distinct penalties, including a potentially longer period of license revocation or suspension. With so much at stake, you should enlist the services of a Nashville criminal defense attorney to handle your DUI case.
Investigating the facts of a particular DUI case often helps in developing an appropriate defense. A blood alcohol content (BAC) of .08% or higher is sufficient to charge an adult with a DUI. However, the breathalyzer or chemical test that provided the BAC results may be challenged if certain protocols are not met. In addition, the police cannot just pull over a driver without probable cause or a reasonable suspicion that a crime is being committed and request that they take a breathalyzer test. If you were not stopped lawfully, the judge may rule that any evidence obtained during the traffic stop may not be used in court. Without that evidence, the prosecution’s case could fall apart. A DUI lawyer can be important in identifying issues such as these that non-attorneys would likely not recognize.Domestic Violence
Assault or abuse between family members, past or present cohabitants, dating partners, spouses, or others in certain types of intimate relationships is treated as domestic violence. These accusations are taken seriously in Tennessee, and these charges may be prosecuted even if the alleged victim decides not to press them. Domestic assault can be charged as a felony or misdemeanor offense, depending on the circumstances. Some other domestic violence-related offenses include harassment, stalking, child endangerment, kidnapping, and rape.
The alleged victim may also seek an order of protection following an accusation of domestic abuse, sexual assault, or other conduct. It is generally in the best interest of the accused to retain a criminal defense lawyer in the Nashville area who can appear at the hearing and argue against the entry of the order. Although it is not considered a criminal proceeding, an order of protection will appear on a background check, and it also terminates the right to possess firearms. Violating the order constitutes a criminal offense and could subject you to further charges.Sex Crimes
Allegations of sex crimes can have a devastating effect on the people involved and lead to prosecution in a criminal court. Sexual assault, sexual battery, rape, child sexual abuse, child pornography, prostitution, solicitation, and lewd acts in public are a few of the crimes prohibited under Tennessee law. It is also illegal for an adult aged 18 or older to have sexual contact with a minor under Tennessee’s rape and sexual battery laws. Commonly known as statutory rape, the offense charged will primarily depend on the ages of the parties and the sexual acts alleged. There is, however, an exception for consensual sex if the parties are less than four years apart in age and at least 13 years of age. The exception serves to prevent some teenagers from being required to register as a sexual offender and mitigates some of the serious consequences that might otherwise follow. Some sex offenses are punishable by many years of incarceration, large fines, sex offender registration, and other penalties. Although the nature of sex crime accusations can be disturbing, a dedicated Nashville criminal defense lawyer can safeguard your right to fair and unbiased legal proceedings.Seek Compassionate Guidance and Vigorous Advocacy Against the Prosecution
Attorney Bernie McEvoy has dedicated his practice to advocating on behalf of defendants against the prosecution. He can assist individuals who are facing charges in Nashville, Franklin, and other areas of Davidson and Williamson Counties. Contact the Law Office of Bernie McEvoy by submitting our online form or calling (615) 255-9595 or (615) 804-8779 to schedule an appointment.