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The arrest was for Domestic assault on my spouse
About Criminal Defense
Criminal defense is the area of law concerned with representing individuals (and sometimes organizations) accused of a crime by a government prosecutor. The US criminal system separates offenses into infractions (e.g. minor traffic violations), misdemeanors (punishable by up to one year in county jail), and felonies (punishable by more than one year in state or federal prison).
Every criminal defendant has constitutional rights including: the right to remain silent (Fifth Amendment), the right to counsel (Sixth Amendment — including a court-appointed attorney if you cannot afford one, per Gideon v. Wainwright), the right to confront witnesses, the right to a jury trial, and protection against unreasonable searches and seizures (Fourth Amendment).
A typical criminal case moves through these stages:
- Arrest and booking
- Arraignment — you're informed of charges and enter a plea
- Bail or release decision
- Discovery and motion practice — the defense reviews evidence and may move to suppress unlawfully obtained evidence
- Plea negotiation — over 90% of US criminal cases are resolved by plea bargain
- Trial — bench (judge-only) or jury
- Sentencing
- Appeal, if convicted
The burden of proof at trial is beyond a reasonable doubt, the highest standard in US law. The prosecution must prove every element of every charge to that standard; the defense never has to prove innocence.
Felony convictions usually carry collateral consequences well beyond the sentence itself: loss of voting rights (varies by state), loss of firearm rights, exclusion from many professional licenses, immigration consequences (deportation for non-citizens), and a permanent public record that affects employment and housing.
Many criminal cases can be resolved through diversion programs, deferred adjudication, pretrial probation, or post-conviction expungement, all of which require careful timing. Acting quickly — before charging decisions are made — often produces the best outcomes, which is why most criminal defense attorneys offer same-day consultations.
Reviewed by AttorneyQnA Editorial Team · Last updated
Relevant law
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US Const. Amend. V RuleFifth Amendment right against self-incriminationNo person shall be compelled in any criminal case to be a witness against themselves. The basis for the right to remain silent and the requirement of Miranda warnings.
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US Const. Amend. VI RuleSixth Amendment right to counselThe accused has the right to assistance of counsel for their defense. Applied to indigent defendants in Gideon v. Wainwright (1963).
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Miranda v. Arizona (1966) Case lawRequired warnings before custodial interrogationEstablishes that police must inform suspects of their rights to silence and counsel before custodial interrogation. Statements obtained in violation are inadmissible.
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Brady v. Maryland (1963) Case lawProsecution must disclose exculpatory evidenceProsecutors must turn over evidence favorable to the defense. Failure to do so violates due process and can result in reversal of conviction.
Common questions about Criminal Defense
Should I talk to the police if they want to question me?
Generally no. The Fifth Amendment gives you the right to remain silent. Talking to investigators almost never helps your case and routinely makes it worse, even when you are factually innocent. Politely say "I'd like to talk to a lawyer first" and stop talking. This applies to any custodial interrogation, "voluntary" police-station interviews, and phone calls.
What's the difference between a misdemeanor and a felony?
A misdemeanor is punishable by up to one year in county jail; a felony by more than one year in state or federal prison. Felonies also carry significant collateral consequences — loss of voting rights (in most states), loss of firearm rights, exclusion from many professional licenses, and immigration consequences for non-citizens. Many states have "wobblers" (offenses that can be charged either way).
How do I know if my Miranda rights were violated?
Police must give Miranda warnings (right to remain silent, right to counsel) before a "custodial interrogation" — meaning you are not free to leave AND they are asking questions designed to produce incriminating answers. Violation does not get the case dismissed; the remedy is suppression of statements you made after the violation. Voluntary statements before custody, or statements not in response to questioning, are generally admissible.
Can I get my criminal record expunged?
Many jurisdictions allow expungement, sealing, or set-aside of criminal records after completing the sentence and waiting a set period. The eligibility rules vary widely — some states permit expungement of felonies after 10 years of clean record, others only misdemeanors, others almost nothing. Federal convictions are nearly impossible to expunge. The petition process is technical and benefits from attorney assistance.
Should I take a plea deal?
Over 90% of US criminal cases resolve by plea bargain because plea offers usually carry significantly lower sentences than trial-conviction sentences. The strategic question is whether the offered deal is better than your realistic trial-conviction risk. Factors include the strength of the evidence, the seriousness of mandatory minimums, immigration consequences, and the credibility of prosecution witnesses. Your attorney should walk through this calculation before any plea.
How long does a criminal case take?
Misdemeanors typically resolve in 3 to 6 months. Felonies often take 9 to 18 months. Federal cases are slower and routinely run 12 to 24 months. Cases that go to trial add 6 to 12 months beyond plea cases. Defendants in custody have constitutional speedy-trial rights that can compress these timelines.
Do I need a private attorney or can I use a public defender?
Public defenders are licensed criminal defense attorneys with significant trial experience, often handling the same kinds of cases for years. Caseloads vary by jurisdiction — overworked offices may have less time for individual cases. Private attorneys offer more flexibility, faster communication, and freedom to invest in expert witnesses and investigators. For serious felonies, most defendants who can afford private counsel hire it.
3 Attorney Answers
assuming i am reading your question correctly(big assumption), the question should be will the state of tennessee ask the state of florida to hold him until they can come and get him. you should direct your question to an experienced criminal defense attorney in the county where the warrant was issued. he/she can contact the prosecutor and find out if they intend to extradite. many states do not normally extradite for misdemeanors, however every prosecutor's office has discretion to decide to extradite in any given case.
An answer to your question depends on the discretion of the prosecutor.
I agree with Attorney Olney and Attorney Mullaney. You really need to speak with an attorney in the County where your warrant was issued. Use this AVVO website and Find a Lawyer tab to find an attorney in Tennessee. Good luck.
Sincerely,
B. Elaine Jones, Esq.
Sincerely,
B. Elaine Jones, Esq.