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Criminal Defense & Personal Injury Lawyers in East Tennessee
Aggressive advocacy for the injured and the accused
in Sevierville, Gatlinburg, Seymour and Pigeon Forge
At Delius, McKenzie & McCarter,
we’re dedicated to supporting locals and tourists throughout East Tennessee. Whether you’re facing a serious criminal charge or the aftermath of a catastrophic accident, we’re here to support you and your family.
If you need a criminal defense or personal injury lawyer, don’t hesitate to reach out to our experienced team today.
How we can help
- Why choose Delius, McKenzie & McCarter, personal injury & criminal defense attorneys
- Our Sevierville criminal defense practice
- Federal criminal defense in Sevierville
- Tennessee DUI & federal DUI
- White-collar & complex investigations
- Serious felonies & sex offense defense
- Appellate & post-conviction advocacy
- Personal injury & wrongful death
- What we can do for our Sevierville personal injury clients
- Getting results in personal injury cases
- Get to know our firm
- Information for visitors & tourists
- FAQs
- What to do next
Why choose Delius, McKenzie & McCarter, personal injury & criminal defense attorneys
At Delius, McKenzie & McCarter, we represent clients in state and federal courtrooms, including tourist-related charges and accidents in national parks and resorts. We approach every case with a trial-first mindset. What this means is that we aren’t looking for a quick solution; we’re looking for the best outcome for you. That might mean a not-guilty verdict or dismissal, or a jury verdict that actually accounts for your real losses, rather than a low-ball settlement. By approaching each case with a willingness to go to trial, we’re able to achieve better results because the opposition knows we aren’t going to back down. As a result, we might be able to settle for a more favorable outcome.
One of the ways we are able to serve our clients is through our boutique law firm approach. If you work with us, you work with one of our experienced lawyers–Bryan E. Delius, Bryce W. McKenzie, and Travis D. McCarter. We won’t pass off your case to a stranger.
Our Sevierville criminal defense practice
From traffic violations to serious felonies, we’re here to support you when you’re facing criminal allegations. Whether the charges are in state or federal court, we’re prepared to go to bat for you.
State criminal defense
State criminal charges can include any of the following:
- DUI (1st–4th+)
- Drug crimes (possession–trafficking)
- Violent crimes (assault, homicide)
- Theft/burglary/robbery
- Sex offenses, arson
- Probation violations
We also handle cases involving expungement, and can discuss your possible eligibility for legal options that may help you escape the negative impact of a criminal record. Please remember, however, that not all convictions can be expunged.
When we handle these claims, we hit the ground running. We may file early motions to suppress or dismiss charges, conduct an independent investigation, and consult experts in fields such as toxicology or forensics. The goal is to get a jump-start on preparing for trial so that we can combat the prosecution’s case and evidence as effectively as possible. If you’re facing charges, you want a Tennessee criminal defense lawyer in your corner as soon as possible.
Federal criminal defense in Sevierville
Federal charges may involve specific crimes or result from matters that would typically be state charges, but for the fact that they occurred on federal land or involved the crossing of state borders. For instance, federal jurisdiction would apply to cases that take place in the Great Smoky Mountains National Park, that involve interstate activity, or where federal agencies are investigating.
In these cases, the United States Attorney’s Office will prosecute, and the case may involve federal sentencing guidelines and faster timelines. Some common federal matters we’ve handled include:
- Federal DUI on federal property/NPS land
- White-collar crimes
- Drug conspiracy/trafficking
- Firearms offenses
- Child exploitation/sex crimes
- RICO & conspiracy, public corruption
Facing federal criminal charges is an extremely serious matter. You need to find a legal advocate who is ready to go to court on your behalf and is prepared to get started as soon as you need them. We’re ready. With tried and true discovery strategies and in-depth knowledge of guideline calculations, variances, sentencing memoranda, and post-conviction options, we’re able to answer your questions and to protect your rights. Never hesitate to call a lawyer as soon as possible.
Tennessee DUI & federal DUI
Charges for driving under the influence (DUI) in Tennessee are relatively common, but that doesn’t mean they aren’t incredibly serious. Also, a DUI in a national park can lead to federal charges, which means different processes and potential penalties.
State DUI overview
The state law penalties for a DUI differ depending on a number of factors, including how many DUIs you’ve had. The penalties range from the first to the fourth, and may involve license restrictions or revocation, and ignition interlock requirements.
Federal DUI specifics
Federal DUI charges may result from driving under the influence on U.S. national park roads. These involve a different process and distinct consequences, so you need a lawyer who knows how to approach federal DUI charges.
Our team takes an aggressive approach to DUI defense, including attacking the validity of the initial stop, the Standard Field Sobriety Tests (SFSTs), blood/urine test results, and checkpoint legality. In one illustrative case, State v. Bohannon, we were able to have our client’s DUI dismissed on the basis of an invalid arrest after the client was stopped at a seatbelt checkpoint, which made it an invalid arrest under state law.
White-collar & complex investigations
White-collar charges include many serious financial crimes. Some of the cases we handle include:
- Fraud (wire, mail, or bank)
- Healthcare fraud
- Tax issues
- Embezzlement
- Public corruption
Our team offers pre-charge counsel related to device seizures, search warrants, and grand jury issues. We also work on resolution pathways such as pre-indictment diversion, plea negotiations, and trial posture, depending on the specific facts and the best approach given your circumstances.
Serious felonies & sex offense defense
If you are facing serious felony charges, you may feel frightened, intimidated, and frustrated. These charges have the potential to severely impact your life, your family, and your future. At Delius, McKenzie & McCarter, we represent clients facing the most severe charges, including violent felonies like homicide, manslaughter, aggravated assault, kidnapping, and arson. We also handle sex offense charges such as rape and sexual battery.
We offer expert-driven defense in these cases, and our efforts pay off for our clients. Our results include “Not Guilty” verdicts in murder, rape, and sexual battery cases, as well as reduced charges in other cases. If you are facing these types of charges, you cannot wait to contact an attorney. There’s just too much at stake. You must have legal representation and guidance right away.
Appellate & post-conviction advocacy
Sometimes there might be an opportunity to appeal your case. Other times, you might need help with post-conviction advocacy, such as sentencing modification. Our attorneys can review your case records and search for issues that might allow you to challenge the outcome. We have experience handling both criminal and civil appeals, and are ready to help you challenge an unfair outcome in your case.
Personal injury & wrongful death
The team at Delius, McKenzie & McCarter aggressively pursues personal injury and wrongful death claims. Some of the most common cases we handle include:
Motor vehicle collisions
Crashes involving cars, tractor-trailers, and motorcycles can lead to life-altering injuries. Victims of these accidents need help and support from an experienced car accident attorney who knows that you need to fight to get a fair settlement or verdict. We also handle cases involving tourists and visitors, as well as those related to road hazards and poor visibility.
Premises liability
Premises liability cases may involve slip and fall accidents in shops, resorts, hotels, or other locations. Sometimes a slippery floor may be at fault, other times, the issue could involve broken or uneven stairs. There are also cases of negligent security where you might suffer injuries or losses because the property was poorly lit or inadequately protected.
Product liability
Product liability claims result from defective products. Defects may result from poor design, mistakes during manufacturing, or inadequate warnings about non-obvious risks a product might include. One classic example of a defective product would be airbags that fail to deploy or deploy for no reason, resulting in injuries. We also handle many claims related to defective medications or medical devices.
Nursing home neglect and abuse
Seeing a loved one suffer at the hands of those meant to provide care for them is devastating. Families often feel helpless in these situations, especially knowing that their loved one is vulnerable and also that they’re unable to provide the care that person needs. Our attorneys help families hold nursing homes accountable when they seriously fail in their duty to care for residents and patients. We take on cases involving neglect and intentional abuse in nursing homes and similar facilities.
At Delius, McKenzie & McCarter, we handle severe injury claims, including TBIs, spinal cord injuries, amputations, burns, and the loss of vision or hearing.
What we can do for our Sevierville personal injury clients
Our attorneys offer professional advocacy and support for our personal injury clients. Some of the actions we may take when handling your claim include:
- Initial consultation: Our first meeting with you is where we have an opportunity to learn what caused your injuries and to provide you with information about how we might be able to help you seek compensation. At this consultation, you get a chance to ask any questions you have about your case.
- Intake & investigation: Once we’re working on a client’s case, we start investigating what happened and tracking down evidence that can support their claim. We gather crash reports, scene photos/video, perform witness outreach, request event data recorders (EDR) information, and start sending preservation letters, which direct others to save evidence that might be critical for proving negligence or demonstrating your damages.
- Medical & damages proof: Our team goes through your treating physician's records, speaks to specialists, and in some cases, connects with experts who can determine your future care costs, life-care plans, lost earnings and diminished earning capacity. All of this can help us build a better case by proving liability and showing the real extent of your injuries.
- Insurance strategy: In most cases, you won’t be negotiating with another person or even their attorney. You’ll be dealing with the lawyers for the other party’s insurance provider. These insurers aren’t interested in paying out large sums. They’re more concerned with protecting their bottom line. We can put pressure on them to settle for a fair amount, or take them to trial if they refuse to make a legitimate offer.
- Settlement or trial: Most cases settle, but if we need to take your case to trial, we prepare to present the strongest case possible. We’re ready to fight for you, your future, and your family.
Getting results in personal injury cases
Our team is committed to getting results for our clients. We know that negligent individuals and companies can cause tragic and debilitating outcomes for others. If you or your loved one suffered a personal injury, you need someone who is ready to stand up for you and your future. Some of our notable results include:
- $3 million
wrongful death case involving a church van. - $2.5 million
settlement against a fast food restaurant that knowingly hired and retained a repeat, violent sex offender who sexually assaulted a customer of the restaurant. - $1.2 million
recovery for our clients who suffered injuries in a multiparty car accident caused by an intoxicated driver. - $315,000
recovery, including over $250,000 in pain and suffering damages, for a client who was struck by a tractor-trailer.
If you’ve suffered injuries because of a negligent driver, a careless landowner, or a defective product, contact our team to learn how we can help.
Get to know our firm
At Delius, McKenzie & McCarter, we have a small team of experienced litigators who work closely with each client. If you work with us, you’ll know who is handling every step of your case.
Information for visitors & tourists
In the Smoky Mountains, the natural scenery and other attractions bring millions of visitors every year. While most tourists have positive experiences, some find themselves facing charges or suffering serious injuries. As a result, they may become involved in litigation in a state they’re unfamiliar with. Some common scenarios include federal DUI on park roads, disorderly charges in state parks or other tourist locations, visitor traffic accidents, and citations by rangers.
Our attorneys handle these cases by taking into account the logistics, including requesting remote or counsel-only appearances when permitted and keeping our clients up-to-date on their case’s progress.
FAQs
What’s the difference between state and federal charges?
State charges involve violations of Tennessee law, and the state’s agencies handle the investigations (through local or state police), while state courts handle the charges. Cases that fall into this category may include theft, assault, most DUIs, and simple drug possession.
Federal charges follow violations of U.S. law and are prosecuted in federal court. The FBI, DEA, IRS, and other federal agencies may carry out the investigations. Additionally, federal charges may involve crimes that take place on federal land, cross state lines, include federal drug conspiracies, or white-collar fraud. Federal judges apply the advisory U.S. Sentencing Guidelines and must follow any statutory mandatory minimums applicable to the offense.
Sometimes, the same conduct can lead to charges in both systems if it breaks both state and federal laws.
I got a DUI in the Smokies—what happens next?
If your DUI took place in a national park, the charges may be federal. However, the exact penalties you’re facing will depend on the facts of your case. You might be fined, but you could also face jail time if convicted in some cases.
Can a tourist handle parts of the case from out of state?
There are many steps you might be able to take from your home state, including possibly remote hearings. You may not need to be present for every court date, either. However, this all depends on the specific facts in your case.
What if my case was lost at trial—can I appeal?
There could be room for an appeal in your case. Your attorney will need to carefully review the trial record to find possible grounds for an appeal. However, there are often strict deadlines for filing appeals. Don’t wait to call a lawyer.
What happens at an initial consultation with Delius, McKenzie & McCarter?
Your initial consultation is your chance to discuss your claim with us and learn how we can help you. It’s important to note that your consultation is confidential. Anything you share with us during that consultation is private.
What if I am partially at fault for the accident that caused my injuries?
In Tennessee, you can recover for your injuries if you are partially at fault, as long as you are less than 50% to blame for the accident. However, your damages will be reduced to match your share of liability. For instance, if you are 40% at fault, and the other party is 60% at fault, you can only recover 60% of your losses.
What if the driver who injured me doesn’t have insurance?
If you were hurt by an uninsured driver, there is still a chance that you could recover damages under your own uninsured motorist policy. If the other driver has insurance, but not enough, your underinsured motorist policy may apply. Talk to a lawyer to learn more about your legal options.
Is there a deadline for filing a personal injury claim?
Yes, there is a deadline for filing a personal injury claim in Tennessee, and it’s short. In most cases, Tennessee only gives you one year to file. It’s important to reach out to an attorney as soon as possible to preserve your claim.
What to do next
If you are facing charges or under investigation, you need a lawyer right now. Do not speak without counsel, be sure to preserve any relevant documents, and note any deadlines you might see on subpoenas or other documents. Your next steps will depend on a number of factors, but the sooner you engage the help of an experienced criminal defense lawyer, the better protected you will be.
If you sustained injuries in Sevierville, Gatlinburg, Pigeon Forge, or Seymour, your first steps should be to seek care. You’ll also want to document any evidence and avoid giving insurer statements until you’ve spoken to your lawyer. We can handle those interactions for you, so get in touch with us right away to avoid saying anything that could come back to haunt you later.
Contact Delius, McKenzie & McCarter today
When your future is at risk, you need to work with a team that never backs down. We’ve handled some of the most serious criminal defense and personal injury cases imaginable, and we’re not afraid to go head-on with prosecutors and defense counsel. If you are facing a legal matter, don’t wait. Call us or fill out our contact form today to schedule your confidential consultation with one of our lawyers.