Lucas Law Firm

Lucas Law Firm I have practiced criminal law and delinquency law for more than 40 years.

06/22/2026
Things you need to know about.
06/21/2026

Things you need to know about.

Dozens of new laws will take effect in Tennessee on July 1, 2026.

06/20/2026

5 Things NOT to Do After Being Charged With a Crime

Being charged with a crime is frightening. Whether it is a misdemeanor, DUI, drug charge, assault allegation, theft case, domestic assault, probation violation, or felony indictment, the decisions you make early can affect the entire case.

Many people hurt themselves not because they are guilty, but because they panic. They talk too much. They miss court. They post online. They try to explain themselves to the wrong people. They wait too long to get help.

Here are five things you should not do after being charged with a crime.

1. Do Not Try to Talk Your Way Out of It

One of the biggest mistakes people make is believing they can explain the situation and make the case go away.

As I often tell my clients, far more people talk their way into jail than talk their way out.

You may think you are helping yourself. You may think the officer, detective, or prosecutor just needs to hear your side. But statements made in the heat of the moment can be misunderstood, taken out of context, or used against you later.

Even innocent explanations can create problems. A small inconsistency can become a major issue. A statement meant to sound cooperative can become evidence for the State.

You have the right to remain silent. You also have the right to speak with a lawyer before answering questions. Using those rights is not rude, suspicious, or disrespectful. It is often the smartest thing you can do.

A simple response is usually best:

“I want to remain silent. I want to speak with a lawyer.”

Then stop talking about the facts of the case.

2. Do Not Post About the Case on Social Media

Social media can be dangerous in a criminal case.

Do not post about what happened. Do not complain about the alleged victim, the officer, the witness, or the prosecutor. Do not post jokes, memes, explanations, screenshots, videos, private messages, or “your side of the story.”

Even posts that seem harmless can be used against you. Prosecutors may look at Facebook, Instagram, TikTok, X, Snapchat, and other platforms. Screenshots can be saved even after a post is deleted.

You should also be careful about comments, emojis, photos, check-ins, and private messages. “Private” does not always stay private.

The safest rule is simple: do not discuss the case online at all.

3. Do Not Contact the Alleged Victim or Witnesses

After an arrest, people often want to smooth things over. They want to apologize, explain, argue, ask someone to drop the charges, or ask a witness to “tell the truth.”

Do not do that without talking to your lawyer first.

Contacting an alleged victim or witness can create new problems. It may violate a bond condition, a no-contact order, an order of protection, or a court instruction. It can also be interpreted as intimidation, harassment, or an attempt to influence testimony.

Even if the other person contacts you first, be careful. A friendly conversation can turn into evidence. A text message can become an exhibit. A phone call can be recorded.

If communication is necessary, your lawyer can help determine the proper way to handle it.

4. Do Not Miss Court or Ignore Bond Conditions

Missing court can make a bad situation much worse.

If you fail to appear, the court may issue a warrant. Your bond may be revoked. You may face an additional charge. You may also make it harder for your lawyer to argue that you are responsible, reliable, and should remain out of custody while the case is pending.

Bond conditions matter too. If the court orders you not to contact someone, stay away from a location, avoid alcohol, report to supervision, submit to testing, or obey other restrictions, take those conditions seriously.

You may disagree with the conditions. You may think they are unfair. But violating them can damage your case and your freedom.

Write down every court date. Keep copies of your paperwork. Stay in contact with your lawyer. If you are unsure about a condition, ask before acting.

5. Do Not Wait Too Long to Get Legal Help

Criminal cases begin moving quickly. Evidence can disappear. Video may be overwritten. Witnesses may become harder to locate. Court dates may come up before you fully understand what is at stake.

A lawyer can review the charge, examine the facts, request discovery, evaluate possible defenses, look for constitutional issues, consider whether a motion to suppress should be filed, and advise you about the risks and options.

Early action can matter. In some cases, the most important work happens before trial — investigating the facts, challenging the stop or search, reviewing statements, preparing for preliminary hearing, negotiating with the State, or preserving evidence.

Waiting does not usually help. It often gives the State a head start.

Final Thought

Being charged with a crime does not mean you are guilty. It does not mean the State can prove its case. It does not mean you have no options.

But what you do next matters.

Do not talk your way into trouble. Do not post about the case. Do not contact witnesses or alleged victims. Do not miss court. Do not wait to protect yourself.

If you have been charged with a crime in Tennessee, contact Lucas Law Firm to discuss your case and your options.



Randy P. Lucas
Lucas Law Firm
111 College Street
Gallatin, Tennessee 37066
Phone: 615-512-6754
Email: [email protected]

Attorney Advertising / Disclaimer:
This blog post is attorney advertising and is provided for general informational purposes only. It is not legal advice and does not create an attorney-client relationship. Every case depends on its own facts and law. No result can be guaranteed. If you have been charged with a crime, you should speak directly with a criminal defense lawyer about your specific situation.

I have practiced criminal law and delinquency law for more than 40 years.

As a criminal defense attorney in Sumner County, one of the most common things I hear is: “I didn’t know I could say no....
06/20/2026

As a criminal defense attorney in Sumner County, one of the most common things I hear is: “I didn’t know I could say no.” Did you know you can legally refuse a police search? Most people don’t — and that silence costs them. Here’s what the Fourth Amendment actually protects. 👇

Know Your Rights: What the 4th Amendment Really Means for You
Most people have heard of the Fourth Amendment — but few truly understand what it protects, and what it doesn’t. If you’ve ever been pulled over, had police knock on your door, or been asked to hand over your phone, keep reading.
What Does It Protect?
The Fourth Amendment protects you from unreasonable searches and seizures. That means law enforcement generally cannot search your home, car, or phone without a valid warrant — or a recognized legal exception.
A Few Things You Should Know:
🚗 Traffic Stops — An officer asking to search your car is not the same as having the right to search it. You can say no.
🏠 Your Home — Police generally must have a warrant to enter your home. There are narrow exceptions, but your home has the strongest constitutional protection.
📱 Your Cell Phone — The U.S. Supreme Court ruled in 2014 that police must get a warrant before searching your phone, even after an arrest.
🖊️ Consent — If you voluntarily agree to a search, the warrant requirement goes away. You have the right to politely refuse.
What Happens If They Search Illegally?
Evidence obtained through an unlawful search can be thrown out of court entirely — and that can change everything about your case.
If you think your rights were violated, don’t wait. These issues must be raised early.
———
📍 Lucas Law Firm | Gallatin, Tennessee
📞 615-512-6754
📧 [email protected]
This post is for informational purposes only and does not constitute legal advice. Contact us to discuss your specific situation.

Let me be your criminal defense attorney. Experience matters.
06/19/2026

Let me be your criminal defense attorney. Experience matters.

Prescription Medication DUI Cases in Tennessee: How the State Tries to Prove ImpairmentMany people think of DUI as an al...
06/19/2026

Prescription Medication DUI Cases in Tennessee: How the State Tries to Prove Impairment

Many people think of DUI as an alcohol-related charge. But in Tennessee, a person can also be charged with DUI based on prescription medication, even if the medication was legally prescribed and taken under a doctor’s care.

That surprises a lot of people.

A valid prescription does not automatically protect someone from a DUI charge. Tennessee law prohibits driving while under the influence of alcohol, ma*****na, controlled substances, drugs, or other substances that impair the driver’s ability to safely operate a vehicle.

But that does not mean the State automatically wins just because a prescription medication is found in someone’s system.

The Key Issue Is Impairment

In a prescription medication DUI case, the real question is usually not simply:

“Was the person taking medication?”

The real question is:

“Was the person impaired to the point that they could not safely operate a motor vehicle?”

That distinction matters.

Many people take prescription medication every day and are not impaired. Some medications may remain detectable in a person’s blood even after the strongest effects have passed. Others may affect different people in different ways depending on dosage, tolerance, timing, medical condition, fatigue, food intake, and other factors.

The State must prove more than the mere presence of a medication. It must prove impairment.

How the State Tries to Prove a Prescription DUI

In these cases, prosecutors often rely on several types of evidence.

They may point to the officer’s observations, such as driving behavior, speech, balance, coordination, appearance, or the person’s ability to follow instructions.

They may use field sobriety tests, although those tests can be affected by age, injury, fatigue, medical conditions, nervousness, poor lighting, uneven pavement, or other non-drug-related factors.

They may introduce blood test results showing the presence of a controlled substance or prescription drug.

They may also call a toxicologist or other expert to explain what the medication is, how it can affect the body, and whether the level found in the blood is consistent with impairment.

But each of those areas can be challenged.

A Blood Test Does Not Always Tell the Whole Story

A blood test may show that a person had a prescription drug in their system. But that does not always answer the most important question: whether that person was actually impaired while driving.

Unlike alcohol, where Tennessee has a per se BAC level of 0.08%, prescription medication cases often involve more complicated issues. The State may not be able to point to a simple number and say, “That proves impairment.”

Different people can react differently to the same medication. A person who has taken a medication for years may have a tolerance that is very different from someone taking it for the first time. The timing of the dose may also matter. So may the person’s medical history.

That is why prescription medication DUI cases often require careful review of the toxicology, the officer’s report, the video evidence, the reason for the stop, and the actual driving.

Legal Use Is Not a Complete Defense — But It Still Matters

Tennessee law provides that being legally entitled to use a substance is not, by itself, a defense to DUI.

However, the fact that the medication was prescribed may still be important. It may help explain why the medication was present. It may also help show that the person was taking it as directed and was not abusing it.

A prescription does not end the case. But neither does the mere presence of a prescription drug.

Common Defense Issues in Prescription DUI Cases

A defense lawyer will often look closely at questions such as:

Was there actually bad driving?

Was the stop legally justified?

Did the officer observe true signs of impairment, or signs that could be explained by fatigue, illness, injury, age, or nervousness?

Were the field sobriety tests properly given?

Did the officer understand the person’s medical conditions?

Was the blood draw legal?

Was the blood sample properly handled and tested?

Does the toxicology result actually prove impairment?

Can the State’s expert connect the medication level to unsafe driving?

These questions matter because DUI cases are fact-specific. Small details can make a major difference.

Do Not Try to Explain It Away on the Roadside

If you are stopped and questioned about medication, be careful. Many people try to explain that they have a prescription or that they only took what the doctor told them to take. That may be true, but your statements can still be used against you.

You should be polite and respectful. But you should not try to talk your way out of a criminal investigation.

If you are arrested or accused of DUI involving prescription medication, speak with a criminal defense attorney before making statements about your medication, dosage, medical history, or what you felt like while driving.

Call Lucas Law Firm

Prescription medication DUI cases can be complicated. They often involve science, officer observations, medical issues, and constitutional questions.

If you have been charged with DUI in Tennessee, do not assume the case is hopeless simply because a blood test showed medication in your system.

At Lucas Law Firm, Randy P. Lucas represents people charged with DUI and other criminal offenses in Gallatin, Sumner County, and surrounding Tennessee courts.

Lucas Law Firm
Randy P. Lucas
Criminal Defense Attorney
Gallatin, Tennessee
Call: 615-512-6754

This post is for general informational purposes only and is not legal advice. Every case is different. If you have been charged with a crime, you should speak directly with an attorney about your specific situation.

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111 College Street
Gallatin, TN
37066

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