3325 Aspen Grove Dr, Suite 105
Franklin, Tennessee 37067
OFFICE 615.414.1329



Presumption of Innocence

The burden of proof is thus on the prosecution, which has to collect and present enough compelling evidence to convince the trier of fact, who is restrained and ordered by law to consider only actual evidence and testimony that is legally admissible, and in most cases lawfully obtained, that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused is to be acquitted.

The First Amendment 
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The Second Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

The Third Amendment
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

The Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grandy Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The Fifth Amendment protects agains double jeopardy and self-incrimination and guarantees the rights to due process, gran jury screening of criminal indictments, and compensation for the seizure of private property under eminent domain. The amendment was the basis for the court's decision in Miranda v. Arizona (1966), which established that defendants must be informed of their rights to an attorney and against self-incrimination prior to interrogation by police.

The Seventh Amendment 

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.

The Sixth Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence

The Sixth Amendment establishes a number of rights of the defendant in a criminal trial:
In Gideon v. Wainwright (1963), the Court ruled that the amendment guaranteed the right to legal representation in all felony prosecutions in both state and federal courts

August 7, 2014
Williamson County, TN
State of Tennessee v. Schmidt
 Aggravated Domestic Assault Trial - Not Guilty

Domestic Assault Trial - Not Guilty

August 5, 2014

Williamson County , TN
State of Tennessee v. Cantrell
First Degree Murder Trial
Not Guilty by Reason of Insanity

February 25, 2014

Williamson County , TN
Motion to Suppress Motor Vehicle Stop - DUI
Stop Suppressed - Case Dismissed

February 7, 2014
Williamson County, Franklin TN
State of Tennessee v. Brannon
 Simple Possession Trial
 - Not Guilty

October 17, 2013
Williamson County, Franklin TN
State of Tennessee v. Brannon
DUI / Simple Possession Trial
DUI 1st - Not Guilty
Simple Possession - Hung Jury

January 24, 2013
Williamson County, Franklin TN
DUI 2nd Trial - 
Not Guilty

April 14, 2011
Williamson County, Franklin TN
DUI 1st Trial - Not Guilty

The Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

The most frequently litigated clause of the amendment is the last, which forbids cruel and unusual punishment. This clause was only occasionally applied by the Supreme Court prior to the 1970s, generally in cases dealing with means of execution. In Furman v. Georgia (1972), some members of the Court found capital punishment itself in violation of the amendment, arguing that the clause could reflect "evolving standards of decency" as public opinion changed; others found certain practices in capital trials to be unacceptably arbitrary, resulting in a majority decision that effectively halted executions in the United States for several years. Executions resumed following Gregg v. Georgia (1976), which found capital punishment to be constitutional if the jury was directed by concrete sentencing guidelines. The Court has also found that some poor prison conditions constitute cruel and unusual punishment, as in Estelle v. Gamble.

The Ninth Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The Tenth Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people

Sandra L. Wells, Attorney at Law
3325 Aspen Grove Drive, Suite 105
Franklin, Tennessee 37067
(615) 414-1329 Office  
   (615) 807-4959 Fax
Website Builder