At Byron Pugh Legal, we provide experienced and compassionate criminal defense representation throughout Middle Tennessee. Our firm brings extensive courtroom experience to every case. We are committed to treating each client with dignity and respect during this difficult time. Most importantly, we develop winning strategies based on the strengths and weaknesses of each client’s individual case.
Getting arrested in Nashville can feel sudden and overwhelming, but knowing what to expect after being arrested helps you take control of your situation. From the moment a police officer stops you to your first court appearance and beyond, each step in the criminal process affects your future.
In this blog, we explain what to expect after being arrested in Nashville, covering each step from the police stop to court proceedings, and why working with an experienced Nashville criminal defense lawyer can make a critical difference in the outcome of your case.
The Arrest Process in Nashville: From Police Stop to Police Custody
Getting arrested in Nashville begins with a police encounter and can lead to time in police custody. Understanding each step helps protect your rights and prepare for what comes next.
Police Stop and Probable Cause
A police officer must have probable cause to stop or arrest you. Probable cause means the officer has a reasonable belief that you committed a crime. Under Tennessee Code Annotated § 40-7-103, law enforcement officers can make an arrest without a warrant if they witness a felony or have probable cause for certain offenses. You have the right to remain silent during a police stop. Anything you say can be used against you later in court.
Miranda Rights and Speaking to a Lawyer
Once under arrest, officers must read your Miranda rights. This includes your right to remain silent and your right to have a criminal defense attorney present. Do not speak to police without a defense attorney. A skilled defense attorney can prevent self-incrimination and protect your rights during questioning.
Transport and Booking at the Police Station
After arrest, officers transport you to a police station or central booking. This is where the booking process begins. It includes fingerprinting, taking a mugshot, and recording basic information. Officers collect your personal property and store it until your release. If you have medical needs, you should request medical treatment during this stage.
Holding Cell and First 72 Hours in Custody
After booking, you are placed in a holding cell. This is where most people wait before their first court appearance. You may be held up to 72 hours before seeing a judge. This period is critical. Family members may contact a criminal defense lawyer on your behalf. Legal representation can help speed up the bail process and ensure you are treated fairly in custody.
What To Expect After Being Arrested: First Court Appearance and Bail
After an arrest in Nashville, the next steps happen quickly. The focus shifts to getting released from custody and preparing for the first court appearance.
Time in Custody and the Role of Court Officers
Once booked, you remain in police custody until your first court appearance. Court officers oversee this process and transport you to court when required. If you are not released with a desk appearance ticket, you may spend time in jail before seeing a judge.
Bail and Release Options
The judge may set bail based on several factors. These include flight risk, community ties, prior criminal charges, and the seriousness of the current crime. Bail can be denied in serious cases or if the judge believes you may flee. Tennessee Code § 40-11-118 outlines the criteria used to determine bail. You may be released on your own recognizance, post a bail amount, or stay in custody until the next court date.
First Court Appearance and Arraignment
The arraignment hearing is your first court appearance. At this hearing, the judge reads the formal charges against you. You will be asked to enter a plea: guilty, not guilty, or no contest. It is important to have a criminal defense lawyer present during this stage. Your attorney may argue for lower bail or ask for a release without bail.
Legal Representation and Early Defense
Having a criminal defense attorney at your side can influence early decisions in your case. A defense attorney can challenge how the arrest happened, request a bail review, and prepare for the preliminary hearing. A skilled defense attorney starts building your defense immediately and helps guide you through future court dates.
Navigating the Court System After Being Arrested
After the arraignment, the criminal process continues through several court stages that shape the outcome of your case.
Preliminary Hearing and Probable Cause
The preliminary hearing is a critical step. A judge reviews the evidence to decide if there is probable cause to move forward. If the judge decides there is enough evidence, the case proceeds. If not, the charges may be dismissed. Your criminal defense lawyer can cross-examine witnesses and challenge the evidence during this hearing.
The Discovery Process
The discovery process allows your defense attorney to review the evidence the prosecutor will use against you. This includes police reports, witness statements, and physical evidence. Discovery helps your defense attorney evaluate the strength of the criminal charges and prepare a response. It is an important step in protecting your rights and building a defense strategy.
Filing Motions and Pre-Trial Actions
Before trial, your criminal defense attorney may file motions with the court. Common motions include a motion to suppress evidence or a motion to dismiss charges. These actions can limit what evidence the prosecutor can use or challenge the legality of the arrest. Filing strong motions can influence whether a case moves to trial or results in a plea deal.
Resolving the Charges: From Plea Bargains to Trial
Once the court accepts the case, it moves toward resolution. Most cases end in a plea deal, but some go to trial.
Plea Bargains and Guilty Pleas
A plea bargain is an agreement between your criminal defense attorney and the prosecutor. You may plead guilty to reduced charges or receive a lighter sentence in exchange for avoiding trial. This can help you avoid mandatory minimum sentences or harsher penalties. A defense attorney will review the plea deal with you and explain the consequences before you decide to plead guilty.
Deciding Whether to Go to Trial
If you do not accept a plea bargain, your case moves to trial. You have the right to a jury trial or a bench trial where a judge decides the outcome. Your criminal defense lawyer will prepare evidence, question witnesses, and argue your case in court. Trials can last several days and require full preparation. If you are found guilty, the judge will set a sentencing date.
Sentencing and Possible Penalties
If you plead guilty or are found guilty, the judge will decide your sentence. Sentencing can include jail time, probation, community service, fines, or other penalties. The sentence depends on the crime, your record, and other factors. Your defense attorney can argue for a lighter sentence based on your circumstances, such as community ties or lack of prior convictions.
The Importance of Hiring an Experienced Criminal Defense Attorney in Nashville
Having the right legal representation can change the outcome of your criminal case. A skilled criminal defense attorney protects your rights from the start.
Early Legal Help Protects Your Rights
You have the right to an attorney as soon as you are arrested. An experienced criminal defense lawyer can step in before you speak to law enforcement officers or appear in court. Early representation can impact your bail, reduce your risk of making damaging statements, and give you a stronger position in plea negotiations.
Building a Strong Defense
A criminal defense attorney reviews the evidence, questions the arrest process, and challenges weak charges. At Byron Pugh Legal, we use direct communication, aggressive case strategies, and a deep knowledge of Tennessee law to protect your future. Whether you’re facing misdemeanor or felony charges, our team prepares every case like it will go to trial.
Personalized Legal Strategy and Consistent Support
At Byron Pugh Legal, we treat every case with focus and precision. We do not hand off cases to junior staff. You work directly with Byron Pugh, an experienced criminal defense attorney who has handled a wide range of cases in Nashville and across Middle Tennessee. We keep you informed, explain every option, and prepare you for each court appearance.
Why Choose Byron Pugh Legal
We know how stressful a criminal arrest can be. We offer a free consultation so you can understand your legal position without pressure. Our goal is simple: reduce or dismiss the charges you face, protect your rights in court, and guide you through every part of the legal system with clarity and strength.
Consult With an Experienced Nashville Criminal Defense Attorney ASAP!
If you or someone you care about has been arrested or is facing criminal charges in Nashville, don’t wait to get the legal help you need. The decisions made in the early stages of a criminal case can have lasting consequences. Our team at Byron Pugh Legal is here to stand by you from day one. We provide straightforward advice, build strong defenses based on the facts, and fight to protect your rights in and out of court.
Contact us at 615-255-9595 for a free case consultation today!
