Case Results

Successful Criminal Defense and DUI Cases Throughout Middle Tennessee

State v. J.H. - Davidson County (Nashville), TN

Client, a hard-working family man, was served with a three-year-old outstanding indictment for Especially Aggravated Kidnapping and Aggravated Robbery (facing a minimum of 15 years in prison at 100% with no possibility of parole, and a maximum of 37 years in prison). There had been a sloppy police investigation that failed to uncover relevant facts, and the "victim's" story had changed several times. The client should never have been charged in the first place.  But in any event he was facing a $250,000 bond and a lengthy prison sentence.  We filed a bond reduction motion and after a two-day hearing, the judge reduced the bond all the way down to $50,000, and client was able to make bond pending trial.  But before trial, we filed a Motion to Dismiss based on Speedy Trial violations, because of the delay in serving the outstanding indictment on client.  Attorney Stephenson raised arguments about the sloppy and incomplete police investigation, and highlighted the prejudice that accrued to client based on the delay, and inconsistencies in witness testimony and faded witness memories. The trial court judge granted our motion and DISMISSED the entire case.  Client was eligible to have the entire case expunged from public record, avoid a trial altogether, and move on with his life!

State v. S.R. - Robertson County (Springfield), TN

Client, a law-abiding citizen with a handgun carry permit, was charged with felony Aggravated Assault after an incident with a "victim" where client used his gun for self-defense purposes. The "victim" and his witness gave police only one version of the story, which resulted in client being arrested. We hired a Private Investigator to do some work on the case, find and interview witnesses, and assist in background checks. We presented this evidence to the District Attorney. After the "victim" did not come to the first court appearance, we convinced the Judge to dismiss the case with no objection from the District Attorney. The case was expunged from public record and the judge ordered the client's gun be returned to him from police custody.

State v. C.H. - Davidson County (Nashville), TN

Client was charged with sex abuse offenses, which stemmed from incidents alleged to have occurred in the 1960s and 1970s. The District Attorney's office did not ask a grand jury to indict client until about 40 years after the alleged incidents. The alleged victims had waited decades to make a report to police. Nonetheless, client was facing ten years to life on each of his six charges. We filed a Motion to Dismiss based on due process violations arising from the significant delay in prosecuting the case. After a hearing, the court GRANTED our motion to dismiss all charges. 

State v. D.H. - Davidson County (Nashville), TN

Client was charged with DUI-1st offense and facing all the mandatory minimum penalties under Tennessee law (at least 48 hours in jail, 11/29 of probation, $350 fine, 24 hours of community service, revoked license for one year, etc.). Client had registered a .11 breath alcohol concentration reading when he was arrested. Result = Client pled guilty to a reduced charged of Reckless Driving and and faced ZERO jail time, with only six months of probation, alcohol safety school, and a $250 fine and court costs. Client's driver license was not revoked!

State v. K.B. - Davidson County (Nashville), TN

Client was charged with Aggravated Assault with a Deadly Weapon. At the preliminary hearing, there were material discrepancies between witness testimony and the allegations contained in the arrest warrant affidavit. Defense arguments asserting an invalid arrest warrant helped result in the judge dismissing the charge.

State v. S.L. - Davidson County (Nashville), TN

Client was charged with shoplifting from a grocery store, and turned down the offer made by the State. At a bench trial (judge-decided trial) the loss-prevention security guard testified that he witnessed client open a package and obtain the item and place it in his hand. Client was confronted when leaving the store and charged with theft, even though the item was never found anywhere on the client or in the store. Client testified in his own defense. Defense arguments were raised that there was no corroboration of the security guard's testimony, and thus there WAS reasonable doubt as to client's guilt. The judge acquitted client (i.e., found him NOT GUILTY). The case was immediately able to be expunged from public record.

State v. R.F. - Montgomery County (Clarksville), TN

Client was charged with 11 felony counts ranging from Attempted 1st Degree Murder to Kidnapping, Robbery and other charges based on a home burglary where the victim was shot. During the 4 day jury trial, Attorney Stephenson pointed out glaring inconsistencies in witness statements and the failure of the police to properly investigate the crimes. The jury returned a unanimous verdict of "Not Guilty" on 5 of the counts, including the Attempted 1st Degree Murder charge, and came back with a lesser-included offense on one of his 6 remaining convictions. The remaining convictions and sentences are pending appeal.

State v. S.R. - Davidson County (Nashville), TN

Client, a working professional who travels for a living, had an out-of-state license and a prior DUI conviction in another state. Plea negotiations resulted in client pleading guilty to DUI-1st offense with only the minimum two days in jail. Had client been convicted of DUI-2nd, there would have been a minimum of 45 days in jail and two years of license revocation.

State v. R.G. - Davidson County (Nashville), TN

Client was charged with a class-E felony Statutory Rape, wherein the alleged teenage victim told police that she had consensual sex with Client. The police detective interviewed some supposed witnesses and obtained what he thought was corroboration to the alleged victim's story. Client hired our Law Office after his case had already proceeded to Criminal Court. Once there, Attorney Stephenson reviewed all of the evidence and noticed that one of the witness's stories had changed, such that there appeared to be absolutely zero evidence corroborating the alleged victim's story. When presented with case law on accomplice corroboration in statutory rape cases, the State decided to Nolle Prosequi the case (which is their decision to simply drop the case, similar to a dismissal). The case was immediately eligible to be expunged from public records.

State v. K.E. – Davidson County (Nashville), TN

Client was charged with simple possession of marijuana that the police found in her purse following a 911-call for domestic violence. As it turns out, the client was the victim of an assault and the attacker had planted the drugs in her purse prior to the cops responding. Attorney Stephenson, armed with a clean drug screen on behalf of his client and a cogent argument, convinced the ADA to dismiss the case entirely.

State v. R.S. – Davidson County (Nashville), TN

Client was charged with possession of drug paraphernalia (needles and spoons) that were found in a bag near the backseat of the car where client was seated as a passenger. The police had made a traffic stop and gained consent to search from the driver. Client did not own or drive the car and there was no proof that he possessed the bag containing the contraband. The charge was retired in just one court appearance, with no penalties assessed against client. The entire case will be subject to dismissal and expungement.

State v. M.J. – Rutherford County (Murfreesboro), TN

Client was charged with 25 counts related to sex abuse (multiple victims) and illegal pornography charges, facing a maximum sentence of close to 450 years (approximately 6 or 7 lifetimes!) if convicted as charged. Attorney Stephenson took the government to task and filed all the appropriate defense motions and worked with a computer forensic expert to analyze some of the evidence. In response, the State agreed to a significantly reduced plea bargain for the client to serve only 15 years in prison followed by 15 years of probation (only 5 of the counts were guilty pleas; the other 20 counts were dismissed).

United States v. S.T. – Federal District Court (Middle District of Tennessee)

Client, a loving spouse and parent, was charged with two federal crimes involving misappropriating government funds (facing up to 10 years in prison on one of the charges). Client had never been in trouble before. Plea negotiations facilitated client pleading guilty to one of the charges (the other was dismissed), and was sentenced to make restitution to the government and be placed on three years probation and six months of home confinement (aka "House Arrest" or "Home Detention" or "Electronic Monitoring"), with no jail time served.

State v. K.H. – Wilson County (Lebanon), TN

Client, a working professional with a family, was charged with 37 counts (15 of which were felonies) involving, among other charges, Invasion of Privacy and Identity Theft, facing a potential maximum sentence of 73 years if convicted as charged. Client had never been in trouble before. Plea bargaining resulted in client pleading guilty to only three charges, and being placed on probation for six years and serving only thirty days in jail. After successful completion of probation, client will be able to have the entire case dismissed and expunged from public record pursuant to Tennessee’s Judicial Diversion law.

State v. C.B. – Davidson County (Nashville), TN

Client, a mother and business owner (with a clean record), was charged with having a prohibited weapon after throwing knives were found in client's carry-on luggage in a security checkpoint at BNA Airport. There was no proof that client was intentionally or knowingly bringing the weapons on the airplane. As often happens in cases such as this, the traveler forgets that contraband is contained in the luggage. We argued to the DA that the knives were curios or collector items under the law, and were not intended to be used as weapons. Case was dismissed in just one court appearance, with no penalties (or even court costs) assessed to client.

State v. A.F. – Davidson County (Nashville), TN

Client, a young working professional and college graduate, was pulled over near Vanderbilt University for a broken taillight. The DUI officer who made the stop ran Client through a series of Field Sobriety Tests (FSTs) and made a determination that she was under the influence of alcohol. She later blew a .15 on the breath machine. Client had certain medical issues that Attorney Stephenson brought to the attention of the ADA, in addition to other arguments about the police conduct involved. The case resulted in Client pleading guilty to a substituted charge of Reckless Endangerment (thus, no DUI on her record), with minimal jail time, one year of probation, and the use of an ignition interlock device on her vehicle. She completely avoided a DUI conviction and her license was not revoked.

State v. G.C. – Davidson County (Nashville), TN

Client, a frequent flier and handgun owner, had forgotten that his gun was in one of his travel bags from a recent trip to the lake. He inadvertently took the same bag to the airport as carry-on luggage, where TSA screeners found the firearm. He was charged with unlawful possession of a weapon by the Airport Authority Police. In court, evidence was presented to the DA showing that the gun was lawfully purchased, that client is a frequent traveler with no intent or knowledge to go armed on an airplane, and that it was reasonable for him to forget that his gun was in the bag. The entire case was dismissed AND the prosecutor agreed to let client have his gun returned to him from police custody.

State v. H.B. – Davidson County (Nashville), TN

Client, a college student, was pulled over for speeding on West End Avenue in Nashville, Tennessee. Client was subsequently arrested for DWI-Underage, which has a mandatory license revocation upon conviction. The plea bargain resulted in client pleading guilty to the amended charge of Reckless Driving with no Tennessee-mandated license revocation.

State v. M.R. – Warren County (McMinnville), TN

Client was indicted for Class-A Felony Possession of Methamphetamine (over 300 grams), facing 15 to 25 years in prison. Client was one of several co-defendants, and it was discovered that the evidence the State had against client was very weak compared to the charge partners. Plea negotiations resulted in client pleading guilty to the much lesser offense of Conspiracy to Deliver under .5 Grams (D-felony), and received a two-year sentence, time-served.

State v. A.G. -- Davidson County (Nashville), TN

Client, a young lady who lived with her then-boyfriend, got into a verbal altercation with him at their residence. She picked up a knife and during a brief commotion, the boyfriend was cut with the knife and Client was arrested and charged with a class-C Felony Aggravated Assault. Fortunately, Client had no prior criminal history and we were able to work out a deal wherein she pled conditionally guilty to simple assault with just one year of probation and an anger management class. The best part of the deal (aside from getting a felony knocked down to a misdemeanor), is that the entire case will be eligible for dismissal and expungement when probation is successfully completed. Thus, she can go about her life without a permanent criminal conviction hampering her ability to obtain employment and other privileges in life.

State v. J.C. – Davidson County (Nashville), TN

Client, a professional in the healthcare industry, was charged with assaulting a co-worker. After further review into the case, it became apparent that the “victim” actually instigated the assault. Result: the prosecutor agreed to dismiss the assault charge against client and to prosecute the actual first aggressor instead.

State v. R.H. – Cheatham County (Ashland City), TN

Client was charged with passing a Worthless Check (punishable by up to 11 months and 29 days in jail). Plea negotiations resulted in client making restitution to the store where the check had been passed, and the District Attorney’s Office agreed to dismiss the charge.

State v. H.B. – Davidson County (Nashville), TN

Client was charged with a drug possession offense based on drugs that were obtained by narcotics officers pursuant to a search warrant. Arguments were made to the Assistant District Attorney, asserting that the police relied upon a defective search warrant, and thus the "fruits of the search" would likely be found inadmissible. The ADA agreed with defense arguments and dropped the case, making it eligible for dismissal and expungement 30 days later.

State v. S.C. – Davidson County (Nashville), TN

Client was arrested for Assault against a police officer (Assault carries a maximum of 11 months and 29 days in jail), and for Public Intoxication. Client had a history of arrests (i.e. was not a “first-timer”). Plea negotiations resulted in client pleading guilty to Public Intoxication and the lesser charge of Resisting Arrest and receiving a “time-served” sentence.

State v. M.J. – Williamson County (Franklin), TN

Client was charged with Public Intoxication, facing a maximum of 30 days in jail and a $50 fine. Client successfully completed rehabilitation and the District Attorney’s Office agreed to dismiss the charge on payment of court costs. Client will be able to have the case expunged.

State v. L.M. – Davidson County (Nashville), TN

Client, a non-resident of Nashville, was arrested by the Nashville Airport Police when a baggage screener found marijuana in his pocket. He was charged with Felony Possession (> two prior offenses). Successful discussions with the District Attorney’s Office resulted in the prosecutor agreeing to “retire” (i.e. not prosecute) the charge. The agreement allowed for the charge to be dismissed and expunged after six months of not incurring any new charges.

State v. C.Q. – Davidson County (Nashville), TN

Client, a student and new transplant to Nashville, was charged with Reckless Driving through a fast-food parking lot (punishable by up to six months in jail, a fine, and potential points on the driving record). In court, successful discussions with the District Attorney’s Office explained to the prosecutor that client’s car was having mechanical difficulties, which caused it to drive in an erratic manner, and that client should not be prosecuted. The case was dismissed.

State v. D.U. – Davidson County (Nashville), TN

Client, a working professional, was charged with Domestic Assault against his wife (punishable by a maximum of 11 months and 29 days). Client and wife had resolved their differences by the time the court date arrived. Successful negotiations resulted in client’s charge being “retired” for six months, without client having to admit guilt. After the six months, client would be eligible to have the case dismissed and expunged.

 

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Contact Nashville Criminal Defense Lawyer Bryan Stephenson to schedule a free consultation regarding your criminal case. If you are facing criminal charges, then you need to hire a Tennessee criminal defense lawyer to ensure that your rights are preserved and your liberty is defended. Attorney Stephenson has represented clients of many different ages, races, backgrounds, income levels, and beliefs, from working class individuals to graduate level professionals throughout Middle Tennessee, including college students from Vanderbilt University, Tennessee State University (TSU), Fisk University, Belmont University, Middle Tennessee State University (MTSU), Meharry Medical College, Tennessee Tech, Vol State, Nashville State, ETSU, the University of Georgia and others. If you cannot afford an attorney, then call your local Public Defender's Office to see if you may qualify for court-appointed representation. For Nashville residents, you may contact the Public Defender by clicking here.