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Sevierville Criminal Defense Lawyers

Protecting the rights of the accused in Sevierville, Gatlinburg, Pigeon Forge, and throughout Sevier County

It’s frightening to be arrested for any crime. From the moment of an arrest, your freedom is at stake. A conviction can result in a prison sentence, substantial fines, and a criminal record that can stay on your record for the rest of your life. That record may also affect your ability to find work and a place to live. You may lose your right to drive and to bear firearms.

At Delius, McKenzie & McCarter, our lawyers have more than 20 years of experience challenging the police and prosecutors when necessary and working with them when it’s to your advantage. We’re seasoned trial lawyers who fight to obtain dismissals and acquittals, but also, when helpful to you, negotiate plea agreements to lesser charges.

Our team fights for justice for clients facing criminal charges in state or federal courts. We’re proud of our record of results in criminal defense cases across Sevier County (which includes Sevierville, Gatlinburg, and Pigeon Forge). Recent successes include the following:

  • Murder case. A not guilty jury verdict.
  • A not guilty jury verdict.
  • Case dismissed due to an invalid arrest warrant.
  • Case dismissed after motion to suppress at preliminary hearing.
  • DUI (Indictment). Dismissed based on an illegal stop.
  • 4 Counts Rape; 3 Counts Sexual Battery. A not guilty jury verdict.
  • Aggravated Assault (Malicious Prosecution). We obtained a dismissal of all the charges before the verdict based on perjurious testimony from the affiant. We also obtained $200,000 (after a jury trial) for malicious prosecution.
  • A not guilty jury verdict.
  • The case was dismissed due to an invalid arrest at a seat belt checkpoint.
  • Drug charges. 6 Counts Sale & Delivery of Schedule II; 2 Counts Sale & Delivery Schedule IV; Sale & Delivery Schedule III; Possession of Paraphernalia. All charges were dismissed due to illegal detention.
  • A not guilty jury verdict.
  • DUI (4th offense). A not guilty jury verdict.
  • Drug charges. Fraud; Theft; Possession of Schedule II; Possession of Schedule IV. We obtained a judicial diversion (no jail time).
  • 2ndDegree Murder. A dismissal of the murder charge. The defendant received a four-year probation sentence for one count of reckless homicide.
  • Case dismissed due to an invalid warrant.
  • DUI; Possession of Weapon while Under the Influence. A not guilty jury verdict.
  • Sexual battery by an authority figure. Not guilty jury verdict.
  • 1stDegree Murder. Case dismissed. Our investigation uncovered significant evidence showing the client was not responsible. The Grand Jury returned No True Bill, finding no probable cause.

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What types of criminal cases do you handle in Sevierville?

Our criminal defense lawyers provide a wide array of legal services and support for clients facing criminal charges. No case is too large and no litigation too complex due to our skills, experience, and research. We have been trusted to handle some of the most complex litigation in East Tennessee, fighting on behalf of clients facing multiple charges at every level. Our track record of success (see above) speaks for itself when it comes to defending you against the following types of criminal charges:

  • Capital murder.First-degree murder is the only crime punishable by death in Tennessee. Cases like these are often high-profile and require the help of a criminal defense lawyer who has both substantial experience in murder cases as well as the ability to withstand immense pressure from all sides. You will find that lawyer at Delius, McKenzie & McCarter.
  • Murder. We handle first-degree murder, second-degree murder, and involuntary manslaughter cases. Our team represents those facing charges for premeditated murders and murders during the commission of a felony. We fight aggressively to secure your freedom or, when appropriate, negotiate plea bargains to less serious charges. Our record of success includes not guilty verdicts and an outright dismissal of the charges due to a lack of probable cause.
  • Felony charges. From arson to burglaryto kidnapping, robbery, and rape, our attorneys are prepared to and capable of fighting against the most serious felony charges on the state and federal books. Our Sevierville criminal defense lawyers fight to have the charges dismissed, obtain acquittals, negotiate plea bargains to misdemeanors, and convince prosecutors and judges that you’re eligible for alternatives to incarceration.
  • DUI/DWI charges.We have successfully defended clients facing state DUI or federal DUI/DWI charges, and proudly protect the rights of both alleged first-time and repeat offenders. Our lawyers contest the basis for the arrest, challenge breath and blood tests, and fight to show the government cannot prove its case.
  • Misdemeanor charges. People often mistake the word “misdemeanor” with “unimportant,” and they shouldn’t. Being convicted of a misdemeanor crime can still have a lasting impact on your life, your ability to find work, or to pursue an education. You can be sentenced to jail. We can help you if you are facing misdemeanor charges in Tennessee.
  • Drug charges.Drug crimes can be classified as misdemeanors or felonies, depending on what the charge is and which jurisdiction you were charged in. They are always serious, and a skilled criminal defense lawyer may be your only chance to avoid time in jail or prison. We handle all types of drug offenses, from possession to growing marijuana, the sale of drugs, drug manufacturing, drug delivery, and drug trafficking.
  • Theft charges.Whether you stand accused of shoplifting or armed robbery, you need an attorney who can help protect your rights and your reputation. We build a strong, strategic defense for clients facing theft charges at any level and in any court. Our lawyers handle charges involving shoplifting, fraud, bank fraud, grand theft, identity theft, and all other types of theft charges.
  • White collar crimes.Crimes designated as “white collar” may be handled at the federal level and require a high level of proficiency when it comes to your defense. We are creative and innovative thinkers who understand the complex federal laws, statutes, and regulations under which you may be charged, and have the skills and resources to assist clients facing white collar criminal charges. We work with financial experts and others who understand the intricacies of white-collar crimes. Some of the white collar crimes we handle include:

We represent clients facing many other types of criminal cases, including sex crimes and different types of assault.

At Delius, McKenzie & McCarter, we are regularly trusted with criminal cases that other firms may not have the resources to handle. Our attorneys have extensive experience assisting clients who were victims of civil and criminal forfeiture. We can file an appeal on behalf of a client whose rights were not fully protected during trial. We represent first-time offenders and repeat offenders.

When you feel as though the entire world is on your shoulders and that you are running out of options, we are by your side and ready to fight for you, your family, and your future.

What are the consequences of a criminal conviction in Tennessee?

At Delius, McKenzie & McCarter, we fight for our clients because we understand all the ways that even a Class C misdemeanor conviction can affect your life. The more serious the offenses (there are Class A, B, and C misdemeanors; and class felonies (A-E), the more serious the consequences will be. The sentences and fines (some exceptions may apply) for the following offenses include the following :

  • A Class C misdemeanor can result in a sentence of up to 30 days in jail and/or a $50 fine.
  • A Class A misdemeanor can result in a sentence of up to 11 months and 29 days in jail and/or up to $2,500 in fines.
  • A Class E felony can result in a sentence of 1 to 6 years in jail and up to $3,000 in fines.
  • A Class A felony can result in a sentence of 15 to 60 years in jail and up to $50,000 in fines.

The length of the sentence generally determines whether you will be confined to a county jail or a state prison.

A capital murder conviction can result in a death sentence.

Anyone convicted of a felony can potentially lose their right to vote and to own a firearm. Employers, apartments, home loan companies, and credit companies often conduct background checks. Any conviction can affect your ability to find a job, a place to live, and obtain credit.

There may be additional consequences for specific types of crimes. Defendants may have to pay restitution for any illegal financial gains or the cost of medical care for any bodily harm. DUI defendants may lose their right to drive and may need to use an ignition interlock device (IID) when they can drive. Sex offenders may be required to register with the Tennessee sex registry.

Our Sevierville criminal defense lawyers will explain the consequences for your offense.

What rights do I have if I’m arrested?

If you are arrested for any crime, you have the right:

  • To stay silent.
  • You don’t have to give any statements that could hurt/incriminate you.
  • To speak with a criminal defense lawyer. If you cannot afford a lawyer, an attorney will be appointed for you.
  • To request a jury trial.
  • To a bail hearing.
  • To assert your Constitutional rights and all other legal and factual defenses.
  • To appear and question witnesses at a preliminary hearing and a trial.

Why do defendants choose Delius, McKenzie & McCarter?

Our Sevierville criminal defense lawyers represent defendants at all stages of a criminal case. These stages include the arrest, any identification lineups, bail hearings, preliminary hearings, motions to suppress evidence, other motions, negotiations with the prosecution, criminal discovery, and jury trials.

We assert all your Constitutional defenses.

  • The Fourth Amendment. This Amendment protects defendants from illegal searches and seizures.
  • The Fifth Amendment. This Amendment includes the right not to incriminate oneself. The government can’t call you as a witness.
  • The Sixth Amendment. This Amendment provides that anyone accused of a crime shall enjoy the right to a speedy, public trial and an impartial jury. Defendants, under the Sixth Amendment, can also confront the witnesses against them.
  • The Fourteenth Amendment. This Constitutional requirement provides that no “State [shall] deprive any person of life, liberty, or property, without due process of law.” This Amendment essentially provides that Tennessee state courts must also protect your rights. Your rights are not confined to federal cases.

At Delius, McKenzie & McCarter, we also assert all your legal, statutory, and factual defenses. These defenses, depending on the specific charge, may include any of the following:

  • The government cannot prove its case beyond a reasonable doubt.
  • The government cannot prove each required part of the criminal statute/charge.
  • The government cannot prove criminal intent.
  • The government failed to comply with proper procedures.
  • You can show that you have an alibi.
  • Mistaken identity.
  • You have a justifiable defense, such as that you have a right to the items (such as goods that the government says you stole), you had consent, there was an emergency that required you to act, and many other defenses.
  • The devices used by the police, such as radar or breath tests, are not reliable.
  • There is a break in the chain of custody of any important evidence.
  • Someone else committed the offense.
  • Many other defenses.

Are there alternatives to a trial in Sevier County?

Tennessee does have programs to help defendants address the problems (such as alcohol addiction) that caused them to be charged, instead of sentencing the defendant to jail/prison. Our criminal defense lawyers will explain if you are eligible, depending on the offense and factors. These factors generally involve your prior criminal record, non-violent offenses, and your agreement to complete the terms of the programs.

The alternatives may include

  • Community service. Instead of a treatment program, defendants participate in activities that help the Sevier County and Eastern Tennessee communities.
  • House arrest. This alternative requires that you wear electronic monitoring devices and an ankle bracelet, which monitors your movements and determines if you leave your home.
  • Here, the court provides that you don’t require incarceration. You will need to meet the terms of probation, including possibly being required to participate in regular reviews by a probation officer, to avoid being sentenced to prison.
  • Recovery courts. These courts focus on helping “non-violent individuals with substance use disorders participate in treatment while under close legal and clinical supervision.” There are different recovery courts for adults, veterans, people with mental health difficulties, DUI offenses, and juveniles (and their families).

We can explain the pros and cons of each program. Generally, each program requires that you plead guilty. If you fail to comply with the terms of the program, you could be sentenced to prison. If you complete the terms of the program, you may be eligible to have the charges dropped.

Do you have a Sevierville criminal defense lawyer near me?

Yes. We meet defendants at our office located at 124 Court Avenue, Sevierville, TN 37862. We also meet defendants where they are being detained. Phone and video consultations are also possible.

We understand how traumatic criminal charges are. We’re here to guide you through each step of the criminal process.

Aggressive defense of your rights throughout the courts in Tennessee

Few experiences are more frightening than being accused of a crime. But you are presumed innocent under the law – and the right Sevier County criminal defense attorney can ensure that this right is upheld. At Delius, McKenzie & McCarter, we defend your rights under the law when you stand accused of a crime. Please call us or fill out our contact form to make an appointment or to request an in-custody visit. We are proud to protect clients in and around Sevierville, Seymour, Knoxville, Gatlinburg, and Pigeon Forge.