Turnbow Law | Criminal Defense | Tennessee
Most people have no plan for what to do if they get arrested. That is not a character flaw. It is just reality, and it means the decisions made in the first hour or two after an arrest often happen under stress, without good information, and in ways that quietly damage whatever case comes next. Turnbow Law has seen the full range of what people do after being taken into custody in Tennessee. Some of it helps. A lot of it does not. What follows is a practical guide to navigating those first critical hours as cleanly as possible.
The First Thing You Do Is Stop Talking
This is not a dramatic suggestion. It is the single most important thing you can do after an arrest in Tennessee, and it is harder than it sounds. The instinct when you are scared, confused, or genuinely innocent is to explain yourself. Officers often encourage this. The booking process is designed around conversation. Fellow detainees will ask questions. None of it is neutral.
Under the Fifth Amendment and Tennessee law, you have the right to remain silent. Invoking it is simple. Tell the officer clearly: “I am invoking my right to remain silent and I want to speak with an attorney.” After that, do not answer questions about the alleged offense, the events leading up to the arrest, your whereabouts, or anything else substantive. You are not required to explain yourself, and nothing you say in custody will make the situation better before you have legal counsel.
One important exception: Tennessee requires you to provide your name when lawfully arrested. You must also provide a driver’s license, registration, and proof of insurance during a traffic stop. Beyond those basic identification requirements, the floor is yours to hold.
Comply Physically. Contest Everything Legally.
Resisting arrest in Tennessee is a separate criminal offense under TCA 39-16-602. Even if the underlying arrest is unlawful, physically resisting it creates an additional charge that will follow you through the entire case. The place to fight an illegal arrest is in court, not at the scene.
If an officer asks to search your vehicle or your person and you have not consented, you can say clearly that you do not consent to the search. You cannot physically block or prevent it, but your verbal non-consent creates a record that your defense attorney can use to challenge the search later. The distinction between a consensual search and one conducted over your objection matters significantly when a motion to suppress is on the table.
Use Your Phone Call the Right Way
Tennessee law does not specify a guaranteed single phone call, but jail facilities must allow arrested individuals reasonable access to a phone to contact an attorney or arrange bail. Your first call should go to a criminal defense attorney, not a family member. If you cannot reach an attorney directly, call someone who can reach one on your behalf.
Jail phones are recorded. Every call you make from a correctional facility, except calls to your attorney’s direct legal line, is captured and can be used as evidence. Do not discuss the facts of the case, do not speculate about what the police have or do not have, and do not tell the story of what happened. Keep it simple: you have been arrested, you need an attorney, here is where you are being held.
What to Know About Bail in Tennessee Before You or Someone Else Posts It
After booking, a bail amount is typically set based on a schedule for minor offenses or by a judge at an initial appearance for more serious charges. In Tennessee, the initial appearance must occur without unnecessary delay following arrest, usually within 72 hours. At that hearing, a judge can set bail, modify it, or in cases involving violent offenses, remand you without bail.
Bail can be posted as cash in the full amount, through a licensed bail bondsman who charges a non-refundable fee, typically 10 percent of the total bail, or in some cases through a property bond. If cash bail is posted and you appear for all court dates, the money is returned at the conclusion of the case. Bail bond fees are not refundable regardless of outcome.
An attorney can request a bail reduction hearing if the amount set is unreasonably high relative to the offense and your community ties. This is worth pursuing when the initial amount is set by schedule rather than by judicial review of your specific circumstances.
Social Media Is a Prosecutor’s Resource. Treat It That Way.
Tennessee prosecutors and law enforcement routinely review social media accounts of people who have been charged with crimes. Posts made before an arrest can be used to establish motive, timeline, or prior relationship with an alleged victim. Posts made after an arrest can be interpreted as consciousness of guilt, attempts to influence witnesses, or simply as contradicting something said during booking.
After an arrest, do not post about the incident, your charges, the people involved, or your feelings about law enforcement or the legal process. Do not delete existing posts either, since deletion after charges are filed can create its own legal complications around evidence preservation. The safest approach is to go quiet on all platforms and discuss next steps only with your attorney.
Things That Hurt Cases More Than Most People Realize
Beyond talking to police and posting on social media, a few other common mistakes consistently complicate Tennessee criminal cases:
• Contacting the alleged victim or witnesses. This can result in additional charges including tampering with a witness under TCA 39-16-507, and it often backfires badly regardless of what is said.
• Missing the court date. Failure to appear results in a bench warrant and a bond revocation. Tennessee courts do not view missed appearances generously, and fixing the situation after the fact costs more time, money, and credibility than showing up originally.
• Assuming a public defender will have time to build a full defense. Public defenders in Tennessee are often handling extremely high caseloads. That does not reflect poorly on them personally, but it is a practical reality that affects how much time any single case receives.
• Waiting too long to retain private counsel. Evidence can disappear, witnesses become harder to locate, and procedural deadlines like the seven-day window to request an administrative license hearing after a DUI arrest do not pause while you weigh your options.
Contact Turnbow Law as Early as Possible After an Arrest
The decisions made in the hours and days following an arrest shape every stage of the case that follows. An attorney who is involved early can challenge how evidence was gathered, flag procedural issues before they are waived, and make sure you are not inadvertently making things harder for yourself.
Turnbow Law represents clients facing criminal charges throughout Tennessee. If you or someone you know has been arrested, reach out to our office today. The earlier we are involved, the more we can do.
