Pikeville, TN asked in Criminal Law and Domestic Violence for Tennessee

Q: 1st offense DA, no bond, serving 62 days until court, 35 days served already. Why

I'm an the victim, who's not pressing charges.

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: I assume DA is Domestic Assault, which is serious and worse than some felonies. You need a competent attorney immediately. Ask for a Bond or even Release on your own Recognizance, as you have spent way too much time in jail already. Also, and most important, demand a Preliminary Hearing. If you were indicted first, then demand a Speedy Trial, unless a plea agreement is reached. Conviction is easy, but your Sentence to be served should not be so long. I also assume you have a bad case, where a plea might be appropriate, but usually never plea guilty to DA. The Victim may or may not be a great witness. Something is wrong here, and you need a decent attorney that will actually represent you, not a PD.

1 user found this answer helpful

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.