Brooks Law Firm
If you have just been charged with a misdemeanor for the first time — a citation handed to you at the scene, or a night at 201 Poplar you never expected — the questions come fast. Will I go to jail? Will this be on my record forever? Do I need a lawyer for something this small? This guide walks through what actually happens with a first-time misdemeanor in Memphis and Shelby County, step by step. If you would rather just talk to a lawyer, call or text 901-412-2973.
The short version: many first-time misdemeanor cases in Shelby County end without a permanent conviction. Between negotiated dismissals, reductions, and Tennessee’s diversion laws for first-time offenders, the realistic goal in most first-offense cases is keeping your record clean — not just softening the sentence. None of that happens automatically. It depends on the charge, the facts, and how the case is handled from the first court date.
Citation or arrest: how your case started matters
In Tennessee, many misdemeanors do not begin with handcuffs. Under T.C.A. § 40-7-118, officers can issue a misdemeanor citation instead of taking you into custody for offenses like simple possession, shoplifting, or driving on a suspended license. You sign, you go home — but that citation is a real criminal charge, and it comes with a booking date you must attend before your court date. Missing that booking appointment can turn a citation into an arrest warrant. We cover that trap in detail in our guide to misdemeanor citations in Memphis.
If you were arrested instead, your case started with booking and a bond. Our guides on what happens after an arrest in Memphis and how bond works in Memphis pick up from the moment of the arrest.
Where a Memphis misdemeanor case is heard
Most Shelby County misdemeanor charges are resolved in General Sessions Criminal Court at 201 Poplar. There is no jury in General Sessions — a judge hears everything — and most misdemeanors are resolved there entirely, through dismissal, diversion, a negotiated plea, or a bench trial. If the outcome ever goes badly, you have the right to appeal to Criminal Court for a completely fresh start within ten days. Arrests in the suburbs can begin in a municipal court instead; some suburb courts share concurrent jurisdiction with General Sessions, which affects where and how the case can be resolved.
Your first court date
The first setting is the arraignment: the court confirms the charge, your rights, and whether you have a lawyer. It is short, and it is not the day your case is decided — but it is the day deadlines start running and early negotiating positions form. We walk through it in our guide to arraignment in Shelby County, and if you are wondering how many settings come after that, see how long a criminal case takes in Memphis.
Jail time: what first offenders actually face
Tennessee misdemeanors come in three classes, and the maximums sound scarier than the typical first-offense outcome:
- Class A — up to 11 months, 29 days and a fine up to $2,500 (examples: simple assault, theft under $1,000, simple possession, first DUI)
- Class B — up to 6 months and a fine up to $500 (examples: prostitution, reckless driving)
- Class C — up to 30 days and a fine up to $50 (examples: public intoxication, disorderly conduct)
A maximum is not a prediction. For a first-time, non-violent misdemeanor, jail is the exception, not the rule: sentences are routinely suspended to probation, and misdemeanor sentences are set with a percentage to serve — from 0% up to 75% — before release eligibility, which the judge sets based on the case and your history. The deeper mechanics of probation length, the percentage rule, and what a conviction carries afterward are on our Tennessee misdemeanor classes and sentencing page.
Getting a first-time misdemeanor dismissed
This is where being a first-time offender genuinely changes the math. There are three main routes to a clean record.
Outright dismissal or reduction
Weak proof, a missing witness, an unlawful stop or search, completed restitution — many first-offense cases are dismissed or reduced through negotiation before diversion ever comes up. A clean record is leverage, and an attorney who appears at 201 Poplar every week knows which cases will move.
Judicial diversion
Under T.C.A. § 40-35-313, a qualified first-time offender can plead guilty or no contest and have the court defer judgment — no conviction is entered. You complete a probationary period; if you finish successfully, the charge is dismissed, and you can then have the record expunged. Eligibility requires a certificate from the Tennessee Bureau of Investigation confirming you have no disqualifying history — there is a $100 application fee — and certain offenses, including DUI and sexual offenses, are excluded. You generally get this opportunity once in your life, which is exactly why it should not be spent carelessly, and why it should not be used on a case that could have been dismissed outright.
Pretrial diversion
Less common, and at the prosecutor’s discretion: the prosecution itself is suspended under a written agreement for up to two years. Complete the conditions and the charge is dismissed with no plea ever entered.
The DUI exception: a first DUI is a Class A misdemeanor, but it is not diversion-eligible and carries mandatory minimum jail time of 48 hours — 7 days if the BAC was 0.20 or higher — plus a one-year license revocation. A first-DUI case is fought differently; see our guide to a first DUI in Memphis.
What it costs
Two honest answers. First, what a lawyer costs: misdemeanor defense at Brooks Law Firm typically runs $750–$2,500 on a flat fee, with real numbers by charge on our misdemeanor lawyer cost page. Second, what a conviction costs: fines, court costs, probation fees, and a permanent public record that employers and landlords can see — most Tennessee misdemeanor convictions can never be expunged. For most first-time offenders, the record is the expensive part, which is why the clean-record outcome is worth pursuing properly the first time. If the charge is already behind you, our guide to misdemeanor expungement in Tennessee covers cleaning it up.
What to do this week
- Do not discuss the case — not with the other party, not on social media, not with police who call to “get your side.”
- Find your paperwork. The citation or release papers show your court date, courtroom, and — on citations — your booking date. Calendar both.
- Do not miss the booking date if you were cited. That appointment is mandatory.
- Write down what happened while it is fresh — times, locations, names of anyone present.
- Talk to a lawyer before your first court date. Diversion eligibility, negotiating room, and problems with the stop or search are all best assessed before anything is said in court.
Talk to a Memphis misdemeanor lawyer before your court date
A first charge does not have to follow you. Brooks Law Firm defends misdemeanor cases every week in Shelby County General Sessions Court and the surrounding counties, and we treat every client the way we would want our own family treated — straight answers, a clear plan, no drama. Call the office at (901) 324-5000, or call or text the criminal line at 901-412-2973, for a free, confidential consultation. Se habla Español. Our Memphis misdemeanor defense page covers how we handle these cases.
Frequently asked questions
Does a first-time misdemeanor go on your record in Tennessee?
The charge itself creates a public record the moment it is filed. Whether a conviction ends up on your record is the part you can still control — through dismissal, judicial diversion, and expungement. Many first-time misdemeanor cases in Shelby County resolve without a permanent conviction.
Can a first-time misdemeanor be dismissed in Tennessee?
Often, yes. The routes are outright dismissal or reduction through negotiation, judicial diversion under T.C.A. § 40-35-313 — deferred judgment, then dismissal and expungement after successful probation — and pretrial diversion by agreement with the prosecutor. DUI is the major exception: it is not diversion-eligible.
Will I go to jail for a first misdemeanor?
For a first-time, non-violent misdemeanor, jail is the exception rather than the rule. Sentences are routinely suspended to probation, though a Class A misdemeanor carries a maximum of 11 months, 29 days. A first DUI is the major exception, with a mandatory minimum of 48 hours in jail.
Do I need a lawyer for a misdemeanor in Memphis?
You are not required to have one. But the difference between a permanent conviction and a dismissal with expungement is usually made in negotiation and paperwork a first-timer has never seen — diversion certificates, plea terms, expungement petitions. For most settings we appear so our clients do not have to miss work; you come to court when the case actually requires you.
What if the charge is a felony?
The process changes significantly — start with our Memphis felony defense page. First-time offenders have meaningful options in felony cases too, including diversion for certain lower-class felonies.