Lucas Law Firm

10/16/2026

CLIENT TIP OF THE DAY

Lucas Law Firm | Criminal Defense

“A Preliminary Hearing Is Not Your Trial.”

If you’ve been arrested in Tennessee, you may be entitled to a preliminary hearing. That right generally applies to misdemeanor and felony charges brought before indictment, with limited exceptions.

But here’s something many defendants don’t understand:

Just because you have the right to a preliminary hearing doesn’t necessarily mean you should exercise it.

A preliminary hearing is not a trial. The judge isn’t deciding whether you’re guilty or innocent. The question is whether probable cause exists to believe a crime was committed and that you committed it.

That means the State must present sufficient evidence to establish probable cause that a crime occurred and that you committed it. This is a much lower standard than proof beyond a reasonable doubt.

A preliminary hearing can be valuable. Your lawyer may have an opportunity to question witnesses, examine the State’s evidence, and identify weaknesses in the prosecution’s case.

But a preliminary hearing can also hurt your case.

Testimony may reveal damaging evidence. The prosecution may learn more about your defense. And evidence presented at the hearing may provide grounds for the judge to reconsider the bond originally set when you were arrested.

That could mean a higher bond or more restrictive conditions of release.

Sometimes the better strategy is to conduct the hearing. Sometimes it’s to waive it.

The important thing is that the decision should be made after a careful discussion with your attorney—not simply because the hearing is available.

One other thing to remember: A dismissal at a preliminary hearing doesn’t necessarily mean your case is over.

Even if the judge finds insufficient probable cause and dismisses the charge, the State can still present the case directly to a grand jury.

If the grand jury returns an indictment, you may find yourself facing another arrest and having to post a new bond.

That’s why deciding whether to have a preliminary hearing should be a strategic decision made with your attorney.

Remember: Having a right and deciding whether to exercise it are not always the same thing.

Lucas Law Firm — Criminal Defense

111 College Street | Gallatin, TN 37066

615-512-6754

[email protected]

Arrested? Let me help.

10/16/2026

10/15/2026

CLIENT TIP OF THE DAY

“I WAS ARRESTED, BUT I HAVEN’T BEEN CHARGED. IS MY CASE OVER?”

Not necessarily.

In Tennessee, being arrested and being formally charged are not always the same thing.

An arrest may begin the criminal process, but the prosecutor may still be reviewing the evidence and deciding what charges to pursue.

In felony cases, a grand jury may return an indictment weeks or even months after the initial investigation or arrest.

And being released from jail does not mean the case has been dismissed.

Here’s what you need to remember:

* Don’t assume that silence means the investigation has ended.
* Keep track of every court date and any conditions of release.
* Don’t contact witnesses or alleged victims in an effort to straighten things out.
* Don’t discuss the allegations on social media.
* Consult a criminal defense lawyer before making statements to investigators.

Sometimes the most important work your lawyer can do happens before formal charges are filed.

If you have been arrested or believe you’re under investigation, don’t wait until an indictment arrives to protect your rights.

LUCAS LAW FIRM
Criminal Defense

111 College Street
Gallatin, TN 37066
615-512-6754
[email protected]

Arrested? Let me help.

10/14/2026

LUCAS LAW FIRM

CLIENT TIP OF THE DAY

“AM I FREE TO LEAVE?”

Five words that can make an important difference during an encounter with police.

A police officer approaches you and starts asking questions.

Are you required to answer?

Can you simply walk away?

The answer depends on something many people don’t understand:

Are you having a voluntary conversation, or are you being detained?

Police officers are generally permitted to approach people in public and ask questions without having reasonable suspicion that a crime has occurred.

But you generally aren’t required to participate in a voluntary encounter.

If you’re uncertain whether you’re being detained, you can calmly ask:

“Officer, am I free to leave?”

If the officer says yes, you can politely end the conversation and walk away.

If the officer says no, don’t argue or physically resist.

Instead, you can say:

“I want to remain silent, and I want a lawyer.”

Remember, being detained doesn’t necessarily mean you’re under arrest. But it does mean the officer is restricting your freedom of movement.

And an officer’s authority to detain someone is subject to constitutional limitations.

One important caution: Traffic stops, lawful identification requirements, and certain other situations involve additional legal rules. Don’t assume you can simply drive or walk away from every police encounter.

My advice?

Be polite. Don’t resist. Don’t consent to searches you don’t wish to authorize.

And understand the difference between a request and a command.

Knowing your rights is important. Exercising them calmly is just as important.

Arrested? Let me help.

LUCAS LAW FIRM | CRIMINAL DEFENSE

111 College Street | Gallatin, TN 37066
615-512-6754
[email protected]

10/13/2026

LUCAS LAW FIRM

CLIENT TIP OF THE DAY

“The Witness Doesn’t Want to Press Charges. Isn’t My Case Over?”

Not necessarily.

One of the most common misunderstandings I encounter in criminal defense is the belief that the alleged victim controls whether criminal charges are prosecuted.

In Tennessee, that generally isn’t how the system works.

Criminal charges are prosecuted by the State of Tennessee—not by the alleged victim.

An alleged victim may tell the prosecutor that they don’t want to proceed.

They may recant an earlier statement.

They may refuse to cooperate voluntarily.

But none of those things automatically requires the district attorney to dismiss the case.

The prosecutor may have other evidence, including photographs, recordings, medical records, statements to officers, or testimony from other witnesses.

And in some circumstances, a reluctant witness can be compelled to appear in court.

Here’s something else to remember:

If you’re charged with a crime, don’t contact the alleged victim to persuade them to drop the charges.

Depending on the circumstances, that contact could violate a bond condition, a no-contact order, or even create additional criminal exposure.

My advice?

If the alleged victim no longer wants to pursue the case, tell your attorney.

That information may be important in negotiating a resolution or preparing your defense.

But let your lawyer handle communications with the prosecutor.

Remember: The alleged victim may want the case dismissed. The State makes the prosecution decision.

Arrested? Let me help.

LUCAS LAW FIRM | CRIMINAL DEFENSE

111 College Street | Gallatin, TN 37066
615-512-6754
[email protected]

10/12/2026

LUCAS LAW FIRM

CLIENT TIP OF THE DAY

“The Police Said They Just Wanted to Talk.”

That doesn’t mean you’re required to answer their questions.

Sometimes an officer will contact you and say:

“We’re just trying to clear something up.”

Or:

“We’d like to hear your side of the story.”

That may sound harmless. But if you’re being investigated for a crime, your answers could become evidence against you.

Here’s what you need to know:

You generally have the right to decline a voluntary police interview.

You can politely ask whether you’re free to leave or end the conversation.

And you can tell the officer that you want to speak with an attorney before answering questions.

Don’t lie. Don’t argue. Don’t attempt to explain your way out of a situation you may not fully understand.

Remember, investigators may already have information they haven’t shared with you.

My advice?

If police want to question you about possible criminal activity, talk to a criminal defense attorney before agreeing to an interview.

You may believe that explaining yourself will resolve everything.

But once you’ve made a statement, you can’t take it back.

You don’t have to answer every question simply because someone with a badge asks it.

Arrested? Let me help.

LUCAS LAW FIRM | CRIMINAL DEFENSE

111 College Street | Gallatin, TN 37066
615-512-6754
[email protected]