Bon Aqua, TN asked in Criminal Law for Tennessee

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?

Related Topics:
2 Lawyer Answers
Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
Answered
  • Criminal Law Lawyer
  • Cleveland, TN
  • Licensed in Tennessee

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.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.