Q: My son had a felony warrant for vehicular homicide in Tn. He was driving to work when wrecked and killed passenger.
What rights does he have?
A: If a bond was set by the magistrate at court, once he is booked, he has the right to bond out until his court date. Bondsmen usually charge 10% of the bond; however, if he does not show up to court, he owes it all. If he has no bond, then he will have a court date. This is a very serious offense. He needs to consult or have someone consult with and pay a criminal defense attorney as soon as possible. If he cannot afford to pay an attorney, he has a right to a public defender or someone appointed by the State.
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A: Some important rights include conducting a Preliminary Hearing at the General Sessions level to examine what evidence the State has that he committed a crime. This will probably include the officer's observations of the wreck scene and your Son's statements to him. He does not need to say anything to the Officers, DA's or the Court. Whatever witnesses the State has may be listed on the Warrant or in the Subpoenaes issued for the Hearing. He cannot get real Discovery until he is Indicted at Circuit Criminal Court, but the Preliminary Hearing should disclose the strength of the State's Case. It is possible he may wish to testify about how the wreck occurred, but this is doubtful. Hire a competent attorney immediately.
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