A lot of what people believe about criminal charges comes from television or from a friend whose case happened years ago in another state. In Tennessee, those assumptions can lead to real mistakes, like ignoring a court date or sitting down with a detective without counsel. Turnbow Law, a Mt. Juliet criminal defense practice led by Chad Turnbow, Esq., runs into these misunderstandings often. Below are eight of the most common, what Tennessee law actually says, and a list of local attorneys who handle criminal cases.

What do people get wrong about criminal charges in Tennessee?

Can the victim drop the charges?

No. Once a charge is filed, the case belongs to the State of Tennessee, and the district attorney’s office decides whether it moves forward. An alleged victim can tell the prosecutor they don’t want to proceed, and that may carry weight. Prosecutors still pursue many cases without the victim’s cooperation, especially domestic assault cases.

Does a case get thrown out if police didn’t read your Miranda rights?

Usually not. Miranda warnings are required only before custodial interrogation, which means questioning while you are in custody. If officers skipped the warnings, the usual remedy is that a court may exclude the statements you made. The rest of the case can go forward, and evidence gathered in other ways can still be used.

Is a misdemeanor really a big deal?

It can be. Under Tenn. Code Ann. § 40-35-111, a Class A misdemeanor in Tennessee carries up to 11 months and 29 days in jail and a fine of up to $2,500. A conviction can also show up on background checks run by employers, landlords, and licensing boards.

Does a dismissed charge disappear from your record on its own?

Not always. The arrest record and court file can stay public until the charge is expunged, meaning officially removed from public records. Tennessee generally allows dismissed charges to be expunged without a fee, but in many cases someone still has to file the request.

Is judicial diversion the same as never being charged?

No. Judicial diversion, under Tenn. Code Ann. § 40-35-313, lets a judge put a guilty plea or finding on hold while you complete a period of probation. If you finish successfully, the charge is dismissed and can be expunged. Diversion is generally available only once, and some offenses, including DUI, are not eligible.

If you refuse a breath test, can they still prove DUI?

Yes. Refusing triggers penalties under Tennessee’s implied consent law, typically including a one-year license revocation for a first refusal, and officers can seek a warrant for a blood draw. Prosecutors can also build a case from your driving, field sobriety tests, and the officer’s observations.

Will explaining your side to police clear things up?

Rarely. Anything you say can be used as evidence, and small inconsistencies in a nervous retelling can look like dishonesty later. Politely declining to answer and asking for a lawyer is a lawful choice, and prosecutors cannot use that choice as proof of guilt.

Do you have to be broke to get a public defender?

No. Tennessee Supreme Court Rule 13 governs appointed counsel. Judges look at your income, expenses, and ability to hire a lawyer, not just whether you have a job. People who qualify may still be ordered to pay part of the cost.

Which Middle Tennessee attorneys handle criminal charges?

1. Turnbow Law
2. Frank Lannom, Lannom & Williams
3. Christopher V. Boiano
4. Matt Maniatis, Maniatis Law
5. Thomas Boyers V

1. Turnbow Law

Chad Turnbow, Esq. leads Turnbow Law, which represents people facing misdemeanor and felony charges throughout Middle Tennessee, including Mt. Juliet, Lebanon, Gallatin, Hendersonville, Portland, and Nashville. The firm’s criminal defense work covers DUI, drug offenses, assault and violent crimes, domestic violence, theft and property crimes, probation violations, and juvenile cases. For clients, that can mean a clear explanation of what a charge actually carries, whether diversion or expungement may be an option, and what to expect in General Sessions Court. Turnbow Law also handles probate and estate planning. Every case depends on its own facts.

2. Frank Lannom, Lannom & Williams

Lannom & Williams is a firm with offices in Lebanon and Mt. Juliet whose practice includes criminal defense.

3. Christopher V. Boiano

Christopher V. Boiano is a Hendersonville attorney whose practice includes criminal law.

4. Matt Maniatis, Maniatis Law

Maniatis Law is a Nashville firm whose practice areas include criminal defense.

5. Thomas Boyers V

Thomas Boyers V is a Gallatin attorney whose practice includes criminal defense.

Why do these myths matter?

Believing the wrong thing about a charge can cost you a license, a job opportunity, or a clean record that was within reach. Tennessee law has specific rules on diversion, expungement, implied consent, and appointed counsel, and the details decide how a case turns out. If you or someone close to you is facing a charge in Middle Tennessee, contact Turnbow Law to get accurate answers about your situation.

This article offers general information and is not legal advice. Reading it does not create an attorney-client relationship.