Representation in Criminal Matters

Brooks Law Firm defends individuals charged with misdemeanor and felony offenses throughout Memphis, Shelby County, and the surrounding West Tennessee area. A criminal charge is a serious matter — one that can affect employment, housing, immigration status, professional licensing, and the right to vote or possess a firearm — and we approach each case with the preparation and attention it deserves.

Our goal is to understand the charge, the evidence, and the client’s circumstances, and then to provide an honest assessment of what the case is likely to involve and what outcomes are realistically possible. We represent clients from the first appearance in General Sessions Court through preliminary hearings, grand jury presentment, pretrial motions in Criminal Court, and trial if needed.

“An accusation is not a conviction. The State has to prove its case, and the defense has a right — and an obligation — to test every element of it.”

Offenses We Handle

DUI & Implied Consent

Driving under the influence under Tenn. Code Ann. § 55-10-401, including first and subsequent offenses, implied consent violations, and related license suspension proceedings.

Assault & Domestic Violence

Simple assault, aggravated assault, domestic assault, and related order-of-protection matters under Tennessee law.

Drug Offenses

Simple possession, possession with intent, and delivery/manufacture charges under the Tennessee Drug Control Act, as well as drug-related schedule and quantity issues.

Theft & Property Crimes

Theft of property or services, shoplifting, burglary, vandalism, and related property offenses, grouped by value under Tenn. Code Ann. § 39-14-105.

Weapons Charges

Unlawful possession, possession by a prohibited person, carrying during the commission of an offense, and related firearms matters under Tennessee law.

Expungement

Petitions to expunge eligible arrest and conviction records under Tenn. Code Ann. § 40-32-101 et seq. where the statutory criteria are met.

Probation Violations

Representation at probation revocation hearings, including responses to alleged technical and substantive violations of supervised release.

Juvenile Matters

Representation of minors in Shelby County Juvenile Court on delinquency petitions, including transfer hearings to adult court where applicable.

Where Criminal Cases Are Heard

Most criminal matters in Shelby County are handled in one of the following forums:

  • General Sessions Court of Shelby County — the first stop for most criminal charges. Misdemeanors may be disposed of here; felonies typically move forward through a preliminary hearing.
  • Criminal Court of Shelby County — felonies proceed here after indictment or presentment by the grand jury, for arraignment, motion practice, trial, and sentencing.
  • Shelby County Juvenile Court — jurisdiction over delinquency matters involving minors.
  • U.S. District Court for the Western District of Tennessee — for federal charges.

How We Approach a Criminal Case

1. The First Conversation

We begin by understanding the charge, the circumstances of the arrest, any statements made, any search that occurred, and the client’s prior record. That conversation shapes everything that follows.

2. Investigation and Discovery

We obtain the State’s discovery, review police reports, body-camera and dash-camera video where available, 911 recordings, and any scientific evidence. Where appropriate, we conduct our own investigation — witness interviews, scene review, records requests.

3. Pretrial Motions

Where the facts support them, we file motions to suppress evidence obtained in violation of the Fourth, Fifth, or Sixth Amendments, as well as motions in limine and motions to dismiss. A successful suppression motion can resolve a case before trial.

4. Negotiation

Most criminal cases are resolved by negotiated disposition. Whether that resolution is acceptable depends on the client’s circumstances, the strength of the State’s evidence, and what the client is willing to accept — decisions the client makes with candid advice from counsel.

5. Trial

If a case must be tried, it is tried. The quality of any plea offer often reflects how credibly the defense is prepared to go to verdict, and we prepare accordingly.

Working With Brooks Law Firm

Brooks Law Firm is a Memphis-based practice serving clients across Shelby County and the surrounding area. The firm’s attorneys — Robert Brooks, Patrick Brooks, and Beth Brooks — handle each matter personally. Clients work directly with their attorney from the first consultation through the conclusion of the case. Spanish-language services are available. Consultations may be arranged in person at our Union Avenue office or by telephone.