Court Date
If you were arrested for a criminal offense, and you posted bond, you were given a court date when you were released from jail.
If you did not post bond, you will be transported to court from the jail. A hearing must be held within 10 days of your arrest.
If you were given a citation by a police officer, then that citation has a court date. Most citations require your appearance in Court. For some traffic offenses you may simply pay a fine and avoid going to court. Sometimes this can impact your ability to obtain insurance and the price of the insurance.
Timeliness
It is especially important that you arrive in Court on time. Your Court date is not like other appointments. You absolutely must be in Court on the day at the time that you are given. Failure to appear in court is a crime. If you fail to come to court, it is likely that you will face an additional charge. If you arrive late, you may be taken to jail.
Judges typically do not tolerate people missing court, regardless of your excuse. If you do not have a ride to court, or you must work on your court date, the judge is not likely to excuse your appearance. Witnesses may be in Court and your absence may cause the court great inconvenience.
If it is truly impossible for you to make it to court on your court date, you should call your attorney and the court clerk and let them know as soon as you discover that it will not be possible to attend your court date. Sometimes an attorney can save you from being taken to jail if he is notified in advance.
If you miss your court date and have not notified the court clerk, you need to hire an attorney.
Dress
You should wear your best cloths to Court. You do not usually need to purchase new clothes to appear in Court. However, your clothes should be clean and should not have any writing or symbols on them, especially writing or symbols that are profane or refers to drug use in any way.
Should I hire an attorney?
If you are charged with a criminal offense, it is usually best to hire an attorney. If you are convicted of a criminal offense, it is likely to be very costly. You may be required to serve time in jail. Fines and costs can be very expensive. You may not be able to work in certain jobs as a result of your conviction. You may also have problems with immigration. The cost to hire an attorney is very little when compared with the cost and the problems that you could face.
You should at least consult with an attorney before you go to court. Many people believe that, if they plan to plead guilty, they do not need an attorney. This is not always true. An attorney can determine if the charge that you are pleading to is the appropriate charge. Sometimes people without attorneys plead guilty to charges that are more serious than what they are really guilty of. An attorney can also insure that you receive a sentence that is consistent with what others receive for the same activity.
If you are charged with a traffic offense, it is probably fine to represent yourself.
- Driving w/o License
- Driving w/o Registration
- Driving w/o Insurance
- Driving w/Suspended License
If it is your first time charged with one of these offenses, you usually do not need an attorney. You should appear in court with license, registration and/or proof of insurance. Usually the judge will dismiss these charges if the accused brings his license, registration and/or proof of insurance to Court. If it is not the first time you have been charged with one of these offenses or you cannot bring these items to Court, you should consult an attorney.
Driving w/Revoked License
If you are charged with driving with a revoked license, you should consult an attorney. You may not be eligible for a license. Defendants usually serve time in jail if convicted of this offense.
Reckless Driving
If you are charged with reckless driving, your court appearance is usually mandatory.
Speeding and other moving violations
For some traffic offenses you may simply pay a fine and avoid going to court. You must read your citation to determine whether your appearance is mandatory. Paying the fine can impact your ability to obtain insurance and the price of the insurance. Often if you appear in court and it is your first offense, the judge will dismiss your case if you attend a safe driving school. If you are accused of driving more than 30 miles per hour over the speed limit, your court appearance is required.
Driving Under the Influence
Driving under the influence of alcohol or illegal drugs is a very serious violation of the law in the United States. In the State of Tennessee, the penalties for driving under the influence are:
- 1st Offense
11 months 29 days Probation - 2 Days in jail minimum - 11 months 29 days maximum - $350-1100 Fine - Pay Court Costs - Attend Alcohol Safety School - Loss of Driving Privileges for 1 year.
- 2nd Offense
11 months 29 days Probation - 45 Days in jail minimum - 11 months 29 days maximum - $600-3500 Fine - Pay Court Costs - Loss of Driving Privileges for 2 years.
- 3rd Offense
11 months 29 days Probation - 120 Days in jail minimum - 11 months 29 days maximum - $1100-10,000 Fine - Pay Court Costs - Loss of Driving Privileges for 3-10 years.
- Subsequent Offense
Felony 1-6 years - 150 Days in jail minimum $3000-15,000 Fine - Pay Court Costs - Loss of Driving Privileges for 5-10 years.
Misdemeanors
Misdemeanors are classified A, B and C according to the severity of the offense. A is the most sever. C is the least. Conviction for each of these classes of misdemeanors carries the following maximum penalties:
| Class | Maximum Period Of Incarceration | Fine |
| A | 11 Months 29 Days | $2500 |
| B | 6 Months | $500 |
| C | 30 Days | $50 |
Class B and C Misdemeanors
If you are charged with a B or C Misdemeanor such as public intoxication, you may be able to represent yourself. However, it is possible to receive as much as 6 months in jail if convicted of a Class B Misdemeanor, and it is probably a good idea to at least consult with an attorney, so that you understand the penalties you face.
Class A Misdemeanors
It is generally a very bad idea to represent yourself, if charged with a Class A misdemeanor. Conviction of these offenses can result in 11 months 29 days in jail, and there can be substantial immigration consequences, including deportation. If you do not speak English fluently, you absolutely cannot defend yourself adequately.
Felonies
Felonies are classified A, B, C, D and E according to the severity of the offense. A is the most sever. E is the least. Conviction for each of these classes of felonies carries the following maximum penalties:
| Class | Period Of Incarceration | Fine |
| A | 15-60 years | $50,000 |
| B | 8-30 years | $25,000 |
| C | 3-15 years | $10,000 |
| D | 2-12 years | $5,000 |
| E | 1-6 years | $3,000 |
It is not responsible to represent yourself in a felony case. Most people, who are charged with felonies, hire an attorney. The penalties include incarceration, fines and immigration consequences, limited ability to procure employment and other problems.
Probation
Many people who are convicted of crimes are placed on probation. It is necessary for people on probation to observe several rules. If you violate any of the rules, you will most likely serve time in jail.
Reporting
You must report to a probation officer periodically. The frequency of the report depends upon which Court you are in and the type and severity of the crime. Some probation officers will require you to report in person. Others will allow you to report by phone or by mail.
It is very important to always report to your probation officer no matter what else is happening. Some defendants believe that they should not report if they do not have the money to pay the probation supervision fees. This is foolish. If you fail to report to your probation officer, it is very likely that the judge will order you to serve your sentence in jail.
If you fail to pay your fines on time, but you have made a reasonable effort, the judge will probably give you more time.
No New Arrests
If you are convicted of a new criminal offense while on probation, the judge will most likely order you to serve the sentence that you are on probation for.
Do Not Use Illegal Drugs
You should not use illegal drugs while on probation. Most probation officers test people on probation for drugs. These tests will reveal if you have used illegal drugs in the past 30 days. If the test reveals that you have used drugs, the judge will probably order you to serve your sentence in jail.
Fines, Costs and Supervision Fees
You will be given the probation period to pay any fines, court costs and probation supervision fees. If these fees are paid, you will be released from probation at the end of the period. If these costs are not paid in full, you may not be released until they are paid. You should not stop reporting to your probation officer just because you cannot pay your costs.
If you are making a reasonable effort to pay these costs and you obey the other conditions of probation, judges are unlikely to require you to serve your sentence.
If you are ordered to pay restitution to the victim of a crime, it is very important to make these payments on time. Restitution is not the same as fines, costs or supervision fees. Judges are more likely to give time in jail for failure to pay restitution.
Other Conditions
Other conditions are sometimes required of people on probation. Some of these other conditions are: Receive evaluation and treatment for alcohol or drug dependency, perform public service work. Obviously, it is important to comply with these conditions.
Conclusion
Hopefully this website has provided you with information to decide how to proceed in your case. If you are in doubt about your rights or how to proceed, it is best to hire an attorney.
This information provided by:
Geoffrey Coston
Attorney at Law
204 Fourth Avenue South
Franklin, Tennessee 37064
(615) 790-2425
(615) 790-3495 FAX
Serving the Hispanic community since 1992.
Geoffrey Coston is licensed to practice in all courts in the State of Tennessee.
© copyright 2005 Geoffrey Coston.
This information should not be copied without the written permission of Geoffrey Coston.
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