Jessieville, AR asked in Criminal Law for Tennessee

Q: This is 1st vehicular assault and the D.A. wants you to plea and reduce to misdemeanor and give you 9 mths& no record

This case is in General Sessions. Vehicular Assault I did some time in jail for this then was sent to a rehab for lil over 2 months. I came back for court and the DA wants me to do a plea deal misdemeanor for 11-29 reduced to 9 months They are not allowing time served either. I have no priors. No criminal record, nothing. My wife was hurt in wreck and said she don't want me to go to jail. Why can't it be DUI 1ST and I go to out patient rehab even probation. This was an accident. I've already finished a spiritual boot camp recovery.

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2 Lawyer Answers
Anthony M. Avery
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A: You have not stated hardly any facts concerning this arrest. And you also do not state which Court level you are at. However you should hire a competent attorney to immediately investigate this Case. It is possible

that you might not be sentenced to much more than what you are offered. Obviously you do have a record, one way or another, it will affect you. If you are at Sessions Court, I would suggest a good Preliminary Hearing, or at least prepare for one. Also if you were jailed for this offense, then it will be taken into account at your Sentencing.

A: Vehicular Assault is a Class D Felony, and under most circumstances, you would be looking at from 2 to 12 years incarceration. The DUI 11 years ago is older than 7 years and shouldn't be stacked in, but it will be reviewed. You should hire an attorney and let the attorney work with the D.A.. It is possible that you may get something better, but what you have on the table is not altogether a bad first offer.

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