Motion to Suppress DUI in Nashville, TN
DUI Defense Lawyers Serving Nashville, Franklin, Brentwood & Mount Juliet, TN
Although the components involved in a motion can be extensive, most (although not all) contain the same three basic elements:
- First, notice of the fact that there will be a motion must be given.
- Second, there must be a hearing for the motion. The hearing is done by the judge and without a jury. This is usually the time when the judge will ask any questions or express any concerns he or she may have about the motion.
- And third, a judge will rule on the motion. A ruling can come right away or may take weeks.
At times an attorney may file motions as a strategic or urgent move, or for a trivial issue without their clients knowing that they have been done. Because lawyers have extensive experience with motions, this is usually not an issue, but a client may certainly ask to be involved in all details of their case.
If you have questions about defense motions and the way a Nashville DUI defense attorney may be able to protect your interests in the face of DUI or any criminal charges, call (615) 265-6383.
Fourth Amendment “Suppression” Motions
Numerous DUI cases are resolved on "suppression" issues. This ensures a defendant’s privacy rights, guaranteed by the Fourth Amendment to the United States Constitution. The remedy for such violations is the application of the exclusionary rule. This rule merely states that whatever evidence the police officers acquired as a result of the illegal privacy intrusion is "fruit of the poisonous tree" and cannot be used against defendants.
You Have the Right to Effective Legal Counsel
The Sixth Amendment provides a person the legal right to help from effective counsel. There are deadlines (as defined by Rule of Court) pertaining to most motions, and pretrial deadlines may exist but may not deny the defendant of the right to due process or the Sixth Amendment. Also, any Rule of Court must be published and submitted to the bar association as well as to all judges for that court, and it must be open for the public to view. This must be done even when the change is minor and will only take place within one area or courtroom. Rules that are approved must not clash with any other state law or policies (no matter how informal) already in place.
Contact May McKinney at (615) 265-6383 today to discuss your DUI charges with a seasoned team of professionals.
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"You Were There For Us"You are more to us than just a lawyer.- J.B.
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"You Made a Difficult Situation Endurable"
Thank you so very much for all you have done and are still doing. Thank you for being such a great attorney in our time of need. You made a difficult situation endurable.
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"Forever Grateful"I want to personally thank Mr. Rob and Ms. Shyanne for everything they have done for me that took me to the resolution of being able to go on with my life. I’m forever blessed to have met them and had them in my life at a very rough time. Thank you.- K.
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"Do not give up hope"Words cannot express my gratitude and appreciation to Rob McKinney and his entire law firm. This was my first experience with needing legal representation. After speaking with other attorneys, I was told that there was not much they could be do for me. I was fully aware that the odds were stacked against me and I was losing hope. Mr. McKinney told me that he would fight for me and that is exactly what he did. I could not have asked for a better outcome. I highly recommend this firm- Anonymous
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"A Great Firm to work with!!"Mr. McKinney assisted my daughter with two separate cases. Both were handled very professionally and had very positive outcomes. He was always helpful when meetings were held and assisted in making this extremely stressful time easier for her. I would recommend his firm to anyone who needs the assistance of very capable, professional, caring attorneys.- L.R.
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I just wanted to say thank you for everything you have been doing for me. It's comforting to know I've got you on my side. You're the BEST!!
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"Perfect Results"I am grateful for this level of professionalism and you would be foolish not to have her represent you.- Kyle
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"Made a Horrible Situation Bearable"
Shyanne immediately knew what to do and handled my case with professionalism and expertise. She made a horrible situation bearable and stayed with me throughout the process.
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