Legal Question in Criminal Law in Tennessee

My painter was working on a rental house late last night when the cops were called because the neighbors thought it was a break in. His worker who was helping him had possession of a schedule 2 drug and marijuana plus paraphernalia. There was nothing on our painter or in his truck. He is older and very poor but works very hard for what he does have. He does not use debit or credit cards, so when we write him checks, he cashes them. He does all of our work and always uses this cash to buy supplies needed for the job. Last night, he had about $1,600 in cash on him..so I'm sure they assumed the money was drug-related. He was taken in and given the exact same charges as his worker. Would it help if the whole family and extended family were willing to testify in court that this is money earned through work? He'll have to use a public defender since he can't afford to pay for an attorney. He is the most kind hearted person and hardest worker I know. How can we help?


Asked on 3/09/18, 2:27 pm

1 Answer from Attorneys
Charles Bloodworth

Wow. Thank you for looking out for your friend and employee. Too many people today would be quick to write him off as a "druggie" and drop him in favor of another painter.

First of all, don't "put down" Public Defenders. While over-worked, they are the experts in criminal law in almost all jurisdictions.

If the State is attempting to seize the $1,600 as "drug money" he would have been given a green form telling him that the State is going to try and seize (steal) it. On the back of the form, in very fine print, are instructions on how to object. There are strict time requirements, and he will have to act quickly to preserve his rights. That is "civil" law, not "criminal law" so rules like "beyond a reasonable doubt" don't apply.

As for the charges against your friend, YES YES, if you are an upright member of the community and you can testify on his behalf: Do It!

The sooner the better, and no later than the first appearance before the General Sessions judge. That's when he will have the first opportunity to be released with having to post a bail bond.

Be in touch with the attorney for your friend from the beginning, especially if that is a Public Defender. Realize that the Public Defender will hesitate to talk to you until he (or she, many excellent experienced Public Defenders are women) has approval from the client.

Again, thank you for standing up for your friend and painter.

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Answered on 3/09/18, 5:21 pm


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