Legal Question in Criminal Law in Tennessee

I have been charged with assault for spitting on someone. The person making the accusations, has made a false report( her word against mine). The incident occurred at a wal mart, and we got into a heated exchange, then I walked away. She now claims that I spit in her face, which I didn't. The police pulled the surveillance video from wal mart and it shows us arguing, then I her grabbing my coat to wipe her face. This would be my first offense. I have consulted a private attorney, a very good one (and expensive) who tells me that I should not go with a public defender because they will just try to get me to plead guilty and I will get 6 months probation. He told me he is confident that he could get it dismissed and expunged. (for $1500) which is steep for me. I just am not sure if I should take my chances with a public defender, or hire this attorney. I don't want this on my record though. Thanks.


Asked on 3/04/11, 10:01 am

1 Answer from Attorneys
Charles Bloodworth

1 - It's not a question of whether you want a Public Defender or not. If you can afford to hire an attorney on your own, then you must do so. For you to be appointed a Public Defender when you have the means to hire an attorney at your own expense would require you to lie to the Court.

2 - Regardless of the attorney -- private or Public Defender -- if this is truly your first offense then you would be eligible for a disposition (called diversion) that would give you the opportunity to have all records of your case expunged. There are rules and requirements for diversion, including a probationary period and payment of court costs.

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Answered on 3/04/11, 1:33 pm


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