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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Read Our Client Testimonials
At May McKinney, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Incredibly helpful"This was my first experience ever being accused of a crime and I was very nervous and scared. Rob and his staff were incredibly helpful, answering all of my questions and putting my mind at ease throughout the process. In the end, we were able to get everything dismissed successfully. Although in the grand scheme, my case was a relatively minor one, Rob always was there to help and it was clear that his knowledge and experience would be hard to find anywhere else. I would absolutely recommend Rob and his team to anyone looking for a defense attorney.- SA
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""Best Lawyer In the world will not quit .""Best lawyer have known will not quit will fight all the way!- Marvin Johnson
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"Excellent Defense"Excellent work great attorney definitely worth every star & every Pennie!!!!!- Trent Johnson
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"I could not be more satisfied with the outcome McKinney Law produced."
I would like to take this opportunity to personally thank you and your entire team. I could not be more satisfied with the outcome McKinney law produced, especially considering the circumstances. McKinney law helped me navigate and overcome difficulties that I am still astounded by. Even through these stressful times, you were there for me and my family. I will not hesitate to recommend or if ever needed have you represent me again. I will certainly let anyone I know, that you and your team are the best hands down! Thanks again, Rob! Your assistance and representation were completely amazing!
- Jason B. -
"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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"Maestro of the room"Rob is extremely intelligent and makes you feel comfortable at the same time considering your situation His staff is prompt knowledgeable and very kind Would recommend to anyone And would believe if they can not assist that they would lead you in the correct way It has been a pleasure These guys are worth every penny Thank you again- John
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"Forever Grateful"Thank you for helping me to not only resolve a recent legal matter, but also pointing me in the direction of freedom from a past criminal record. I am clean and free, and I have a clear record for the first time in 12 years.- Rachel
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"Amazing service"Rob McKinney is the best criminal attorney in Nashville area. I had 7 cases and he got them dismissed right away! He made the trip to Clarksville from Nashville and saved me from loosing my green card. His experience, his dedication, knowledge and caring heart is unmatched. I am forever grateful!- PF
