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John P. Cauley

John P. Cauley

John P. Cauley, Attorney at Law
1224 Columbia Ave.
Franklin, TN 37064

Phone: (615) 243-7839 http://johncauley.justia.net

Contact John P. Cauley

Aggressive, Experienced Federal/State Criminal Defense

Legal Topic

Criminal Defense

Preferred New Clients

I welcome all clients who are in trouble and look forward to solving their problems.

Sub-Categories

Criminal Defense
  • Aiding, Abetting, Accessory, Conspiracy
  • Appeals
  • Capital Crimes/Capital Cases
  • Environmental Violations
  • Felonies
  • Grand Jury Proceedings
  • Juvenile Crimes
  • False Identification
  • Truancy
  • Military Crimes (UCMJ)
  • Misdemeanors
  • Parole
  • Probation
  • Perjury
  • Plea Negotiation
  • Search & Seizure
  • Victims' Rights
  • Gay, Lesbian, Bisexual, Transsexual, Transgender (LGBT) Rights
Abuse
  • Animal Abuse
  • Domestic Violence
  • Elder Abuse
Automotive
  • DUI
  • Felony Auto Accidents
  • Parking Tickets & Towing
  • Traffic - Moving Violations
  • Open Container
  • Driving with a Suspended License
  • Driving without a License
  • DWI
Criminal Records
  • Expungement or Expunction
Drugs
  • Drug Cultivation & Manufacturing
  • Drug Possession
  • Intent to Distribute Drugs
  • Intent to Sell Drugs
Firearms & Weapons
  • Constitutional Rights Defense
  • Illegal Possession or Transportation
  • Other Weapons & Devices
Fraud & Financial Crimes
  • Checks & Credit Cards
  • Embezzlement
  • Extortion
  • Forgery
  • Identity Theft
  • Insurance Claims
  • Racketeering & RICO
  • Smuggling
Violent Crimes
  • Assault & Battery
  • Domestic Violence
  • Extortion
  • Kidnapping
  • Manslaughter
  • Murder
  • Robbery

Bar Admissions

TN, Mar 1994
Bar Number: 016432

Other Court Admissions

Tennessee, U.S. District Court for East Tennessee, U.S. District Court for Middle Tennessee, and U.S. Court of Appeals for the 6th Circuit.

Association Memberships

Middle Tennessee Criminal Justice Act - Panel Attorney and Member of the Tennessee and Williamson County Bar Associations.

Continuing Education

I attend legal education seminars on the topics of criminal defense, personal injury, and worker's compensation.

Papers and Publications

I have numerous published cases:

• Wright v. Pate, 117 S.W.3d 774 (Tenn.Ct.App. 2002)
• State v. Coley, 32 S.W.3d 831 (Tenn. 2000)
• King v. State, 992 S.W.2d 946 (Tenn. 1999)
• King v. State, 989 S.W.2d 319 (Tenn. 1999)
• State v. Nesbit, 978 S.W.2d 872 (Tenn. 1998)
• State v. Vann, 976 S.W.2d 93 (Tenn. 1998)
• State v. Cribbs, 967 S.W.2d 773 (Tenn. 1998)
• State v. Cauthern, 967 S.W.2d 726 (Tenn. 1998)
• State v. Anderson, 985 S.W.2d 9 (Tenn.Crim.App. 1997)
• Carter v. State, 958 S.W.2d 620 (Tenn. 1997)
• Rickman v. State, 972 S.W.2d 687 (Tenn.Crim.App. 1997)
• Bates v. State, 973 S.W.2d 615 (Tenn.Crim.App. 1997)
• State v. Downey, 945 S.W.2d 102, 74 A.L.R.5th 729 (Tenn. 1997)
• Goad v. State, 938 S.W.2d 363 (Tenn. 1996)

Example Cases

1. I was hired after trial as the appellate attorney for a person charged with hundreds of counts of animal cruelty arising from the operation of a "puppy mill." On appeal, I was able to persuade the Court of Criminal Appeals that the search was unconstitutional and the admission of the evidence at trial was "plain error" and that challenge to such an error could not be waived. The court agreed and reversed all convictions.

2. My client was accused of attempting to murder his father with a kitchen knife in the family home. The father was 100 percent certain that his son stabbed him. Arguing that the father was intoxicated and that law enforcement had failed to preserve evidence at the scene, we were able to convince a majority of the jury that the state had not met its burden of proof. Later, my client pleaded guilty to assault and avoided spending decades in jail.

3. In a recent case, my client faced charges of stalking, aggravated assault, felony evading arrest, and resisting arrest. After his two day jury trial he was found "not guilty."

4. In a recent case, my client was charged with DUI and refused to submit to a blood alcohol test. On the night of his arrest he failed every field sobriety test and actually fell asleep in the back of the police cruiser. He was heard snoring on the recording. The jury returned a "not guilty" verdict and found that he had not violated the implied consent law because he was asleep and did not knowingly refuse to take the test.

5. In a case where it was believed that my client was the largest marijuana manufacturer in this part of the county, he faced felony manufacturing and sale charges simultaneously in three different counties. After a "not guilty" jury verdict in the government's strongest case, the other matters were very favorably resolved. My client avoided jail entirely.

Education

Degree:

Juris Doctor

School:

Michigan State University

City:

Lansing

State:

MI

Year:

1993

Honors:

Moot Court Scholarship, 1992-1993.

Focus and Accomplishments:

Member of the 1991-1993 Moot Court & Advocacy Board; Concentration in Tax Law.

 

Degree:

Bachelor of Arts

School:

Saint Vincent College

City:

Latrobe

State:

PA

Year:

1986

Focus and Accomplishments:

Majored in Philosophy.

Number of Attorneys

1

State Licensed In

Tennessee

Firm Focus and History

My firm's focus is upon state and federal criminal defense.

I entered the practice of law in Nashville, Tennessee on May 10, 1994. Approximately half of my career has been devoted to the "public" practice of law. As Assistant Attorney General with the State of Tennessee from 1995 to 1999, I was a member of the State's Capital Litigation Team and litigated every legal challenge to a death sentence after its imposition.

In 1999, I joined the Public Defender's office. In the Public Defender's office I was given tremendous freedom with regard to my cases and gained a great deal of trial experience. In addition to the Attorney General and the Public Defender's office I spent a couple of years as an attorney with the Department of Children's Services. I worked closely with Child Protective Services, Foster Care, Adoption Services and Local Law Enforcement. I have an intimate understanding of how the Department of Children's Service and Law Enforcement operate when a child is injured or endangered.

Until 2007, my private practice was a general practice of law devoted largely to state and federal criminal defense, trial and appellate. Then, in 2007, I accepted a position as "in-house" trial counsel for Farmers Insurance Exchange (FIE). That position involved the defense of FIE's insured in the commercial, worker's compensation, and personal injury arenas. I also performed examinations under oath when insurance fraud was suspected.

Previous Employment Summary

I began law school in 1989 after my first tour in the United State Marine Corps. During law school, I interned with a federal judge and the U.S. Attorney's office. Although school was interrupted by a deployment during Desert Storm/Shield, I graduated in 1993. I began my legal career in the Criminal Justice Division of the Office of the Attorney General and Reporter. After several years as a prosecutor working in the appellate courts, I switched to criminal defense, where I place an emphasis on fighting to protect my clients' constitutional rights and ensuring that all defendants are treated fairly.

Activities and Awards

Pro bono work and work for Legal Aid.

What is your opinion regarding clients educating themselves on legal issues?

I appreciate clients who seek to self-educate about the law. Part of my role as an attorney is to be certain that my client accurately understands the legal process and what is at stake.

Are you willing to review documents prepared by clients?

I am always open to every idea and document my clients bring to me since I not only work for my clients, but also with them as a team.

Are you willing to coach clients who want to represent themselves?

For ethical reasons, I would decline a request to "coach" a pro se criminal defendant. I have in the past, at the request of a trial court judge, served as "elbow" counsel in a criminal matter. While an "elbow counsel" relationship is ethically permissible I do not believe that it is in the defendant's best interest to proceed in such a manner.

Why did you decide to be a lawyer?

I have never been able to just blindly accept what our government claims. That is especially true with criminal prosecutions. There must be an advocate for the people against the overwhelming power of the government.

What work experience and education helps you be a better lawyer?

My emphasis on public service has evolved into a passion to fight for what's right, and that translates into being a strong legal advocate on my clients' behalf.

Why did you decide on your primary area of practice?

Fifteen years ago, as an appellate prosecutor, I took great pride in the role that I played in our system of justice. Today, I take even greater pride in the role that I play as defense counsel.

What do you like best about your career?

Using my skill and experience to help people through challenging times in their lives.

Tell us about your law firm:

My clients always deal directly with me. I promptly return telephone calls and immediately answer emails.

What are your strengths and style?

My strength is as a trial lawyer. My style is aggressive and straight-forward.

Personal Interests:

Weight training and dual-sport motorcycling.

Office Hours

Monday through Friday
8:00 a.m. to 5:30 p.m.

Evenings and weekends by appointment.

Emergency After Hours

Yes

Foreign Languages

I have interpreters available for most languages.

Fixed-Price Services and Fees

Most of my fees are flat rate, depending on the type of charges and the complexity of the case.

Hourly Rates

$225.

Free Initial Consultation?

Yes, the first half-hour is free. I will happily answer simple questions via email, which goes directly to my BlackBerry and, in most cases, will be answered upon receipt.

Typical Retainer

I charge a flat-fee for my services based on the category of crime. In the U.S District Court, misdemeanors range from $2,500 to $5,000 and felonies start at $7,500. In State Courts, General Sessions fees range from $350 to $2,500 and Circuit Court fees begin at $2,500.

Understanding Fees

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