Criminal Law & Traffic Law
Serving Lawrence, Lewis, Marshall, and Maury Counties in Tennessee
Columbia, TN Criminal Lawyer with a record of results. If you’re looking for an attorney in the Columbia Tennessee area, look no further. Serving Middle Tennessee and surrounding counties at The Law Office of John M. Schweri. Member Tennessee Association of Criminal Defense Lawyers.
Click here to familiarize yourself with the typical steps in a criminal court case
WE REPRESENT CLIENTS FOR THE FOLLOWING TYPES OF CRIMINAL CHARGES
Violation of Probation/Violation of Parole/Violation of Community Corrections
Assault/Aggravated Assault/Aggravated Domestic Assault
Simple Possession, Casual Exchange, Cocaine for Resale, Meth for Resale, Heroine for Resale, Marijuana for Resale, Pills for Resale, Manufacturing and Promotion of Meth
Felon with a Weapon
Driving Under Influence (DUI), Driving While Intoxicated (DWI), Underage Drinking, Open Container, Implied Consent, Traffic Violations, Driving on Suspended, Driving on Revoked
Theft, Fraud, Forgery, Criminal Simulation, Embezzlement
Kidnapping, Robbery, Burglary
1st and 2nd Degree Murder, Manslaughter, Involuntary Manslaugter, Reckless Homicide
Vehicular Assault, Vehicular Homicide,
Child Abuse, Aggravated Child Abuse, Solicitation of a Minor
Juvenile Crimes, Delinquent, Unruly, Truancy, Transfer to Adult Court
Department of Children Services, Termination of Parental Rights
All Sex Crimes and Violations of Sex Offender Registry and Community Supervision for Life
John M. Schweri has attended the Tennessee Association for Criminal Defense Lawyers (TACDL) Trial College in 2015 and been a member of TACDL since 2014
Traffic Cases
DUI – Reduced to Reckless Endangerment in Davidson County General Sessions
DUI by Allowance – Dismissed in Maury County General Sessions
DUI 2nd – Amend to Implied Consent Violation Lawrenceburg General Sessions
CDL Moving Violation – Dismissed based on payment of Court costs Maury County General Sessions
Drug Cases
Simple Possession of Marijuana – Dismissed in Maury County General Sessions
Felony Amount of Marijuana for Resale – Diversion, Dismissed, Expunged Maury Circuit Court
Meth for Resale in Drug Free Zone (DFZ) – 10 years Probation Maury County Circuit Court
Other Types of Relief
VERY IMPORTANT TN DRUG LAW UPDATE
Help your friends and family in prison in Tennessee
The DFZ (Drug Free Zone) laws changed in the State of Tennessee on April 29, 2022 pursuant to TN Laws Pub. Ch. 927 TCA 39-17-432 (h) and Memorandum Summary SB 1528-HB 1449
Offenders in prison that plead guilty or were sentenced after trial to 100% sentences to serve DAY FOR DAY can now file a petition to have their case Re-sentenced, up to 30% of original sentencing
In many cases, eligibility for relief makes parole immediate because of the adjustment to their sentence down from 100% day for day to serve to a much lower amount
I have helped four (4) people successfully get their sentences drastically reduced and save many years of prison time they now don’t have to serve
Post Plea - Post Trial - Post Conviction Relief
Post Conviction DNA Act
Asking the Court to test DNA after conviction if new DNA is found or testing processes were not available specific to this case at the time of conviction
Motion to Correct Illegal Sentence Rule 36.1 Motion
Allows the defendant or the state to file a motion to correct an illegal sentence. The Rule defines illegal sentences as those that are not authorized by law or that directly conflict with the law.
Habeas Corpus at State and Federal Level
Writs of habeas corpus can be filed in state or federal court. A state-court writ of habeas corpus is brought pursuant to Tennessee law, whereas a federal writ is brought under prevailing federal law.
Writ of Error Coram Nobis
Filing a Petition to correct an error either in admission or denial of evidence, jury instructions, illegal arrest, illegal sentence
Post Conviction Relief
Putting trial counsel on trial for providing ineffective assistance of counsel leading to convictions
Motion to Reinstate Probation
Technically can be filed every 90 days every probation is revoked to attempt to convince Circuit Court Judge or General Sessions Judge to Reinstate Probation
Motion To Furlough To Rehab
A Circuit Court Trial Judge has a brief amount of time after someone is sentenced and a conviction is final to Furlough someone with a TDOC inmate status to Rehab before they lose Jurisdiction to TDOC
CASE RESULTS
Attempted 1st Degree Murder
Jury Trial Verdict of Not Guilty, Giles County
Domestic Assault and Vandalism
Not Guilty after Jury Trial, Maury County Circuit Court
1st Degree Murder
Plead to Accessory After the Fact, two Year Sentence, Maury County
Aggravated Robbery, Aggravated Assault, Aggravated Burglary, Theft over $10,000
Not Guilty Verdict after two day Jury Trial, Lawrence County
Aggravated Burglary, Theft over $10,000
Dismissed, Lawrence County
2nd Degree Murder
Plea to Involuntary Manslaughter, 5 yrs to serve at 30%, credit time served, paroled in 6 months from jail, Maury County Circuit Court
Attempted 1st Degree Murder
8 years to serve at 30% versus 25-40 yrs at 100%, Maury County Circuit Court
Attempted 2nd Degree Murder
Split confinement, 6 months to serve, rest on probation, Lawrence County Circuit Court
Attempted 2nd Degree Murder
6 yrs to serve at 30%, versus 25-40 yrs at 100%, Maury County Circuit Court
Aggravated Robbery
Dismissed, Maury County General Sessions
Especially Aggravated Robbery, Especially Aggravated Kidnapping, Aggravated Assault
4 yrs Probation, Maury County Circuit Court
Aggravated Assault
Hung Jury at Jury trial, not re-tried, case over, Maury County Circuit Court
Felony Harassment of Government official
Dismissed in Opening Argument at Jury Trial, Marshall County Circuit Court
Aggravated Robbery
7 counts, 6 yr Sentence at 30%, became trustee, paroled 6 months later out of county jail, no prison time, Maury County Circuit Court
Aggravated Burglary and Theft $10-60K
7 counts, 5 years Probation, Giles County Circuit Court
Aggravated Domestic Assault
Retired for 1 year in Marshall County Circuit Court
Aggravated Burglary and Theft $10-$60K
1 year split confinement, 270 days to serve, rest on probation, Marshall Circuit Court
Attempted 1st Degree Murder
(Exposure 25-40 years at 100%) reduced to misdemeanor Reckless Endangerment 11/29 probation
Sale of Meth in a Drug Free Zone, and Sale of Meth x 2
(Exposure 36 years to serve) Split confinement, 1 year to serve, credit time served, released in 3 1/2 months
Drugs: Sale of over 26 grams of meth x 2 in a Drug Free Zone, 1 yr to serve, 19 years probation, Giles County Circuit Court
Attempted 1st Degree Murder x 3
1 year to serve, 10 years probation Maury County Circuit Court