Legal Question in Criminal Law in Tennessee
My license has been suspended. I was found guilty in the trial, but a motion for new trial (that is supported by a supreme court ruling) has not been heard. This is not an appeal- the trial judge is hearing the motion for new trial, because the court was so packed they continued my case till next month. I am going to lose my job because of this and in effect not be able to afford a new trial when granted. Can they do this? is this legal?
1 Answer from Attorneys
Yes.
A conviction removes the presumption of innocence, from then on the burden is on the Defendant.
So, as a general rule -- in Tennessee -- all of the consequences of a conviction begin to be imposed on a Defendant even while pending a Motion for NewTrial, Appeal, or Petition for Post-Conviction Relief.
Of course, if a new trial is granted, then all of the collateral consequences of the original conviction disappear with the conviction itself.
Best of luck on the new trial.
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