Memphis Criminal Attorneys FAQ

Frequently Asked Questions on Criminal Law & Criminal Defense

What is the difference between a felony and a misdemeanor?
A misdemeanor offense is a crime that is punished by a maximum of 11 months and 29 days in the county jail. Felonies are more serious crimes which are punishable by one year or more.

What is the presumption of innocence?
All people accused of a crime are legally presumed to be innocent until they are proven guilty, either by a trial or negotiated guilty plea. This presumption means the prosecutor must convince the jury of the defendant's guilt beyond a reasonable doubt, and the defendant need not say or do anything in his own defense. The presumption of innocence makes it more difficult, but unfortunately not impossible, for the government to put innocent people behind bars.

If I am charged with a crime, will I have a trial by a jury?
The U.S. and Tennessee Constitution give a person accused of a crime the right to be tried by a jury.

If I am innocent, can I testify in my own defense?
The 5th Amendment to the U.S. Constitution gives every criminal defendant the right not to testify. Jurors will be told they cannot assume anything negative if the defendant elects to say nothing.

A defendant may want to remain silent at trial if he has previously been convicted of a crime because a prosecutor may be able to bring out this information on cross-examination. Jurors also may harshly judge a defendant with a poor demeanor or may not believe one who is being truthful.

Should I contact an attorney if I am under investigation but have not been charged?
Absolutely. Representation at an early stage in a case can increase the odds of no charges or reduced charges being filed. An attorney also can protect your rights during the investigation.

Do I need a lawyer at my arraignment?
The arraignment is where you first appear before a judge and enter a plea of guilty or not guilty to the offense charged. If you are represented by counsel, your attorney may attend your arraignment for you. If you are not represented by counsel, you must personally attend your arraignment. As in all serious legal matters, it is easier to assure your rights are protected if you are represented by counsel.

What types of criminal cases do you handle?
We exclusively practice criminal law and handle all types of felonies and misdemeanors.

Why should I choose your firm to represent me in a criminal case?
When you contact our firm regarding defense of criminal charges, our attorneys—not legal assistants—discuss all aspects of your case with you, such as strategies, potential defenses and sentences for the offense charged. There is no charge or obligation for you to talk to us, either by telephone or in person at our office.

Massey McClusky offers extensive criminal defense experience backed by results. We work to protect our clients and take pride in what we do. We conduct a thorough investigation, present an honest assessment of your case and provide unparalleled representation in court. Legal acumen may be found in many lawyers, but you’ll only find the heart for the fight in a few. When the bell rings, we answer the call.

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