October 27, 2015

42 Pounds of marijuana found in trunk........Case Dismissed!


Earlier this month a client of this law firm was arrested for possession of 42 pounds of marijuana that was found in the trunk of his car while traveling down the interstate. Facing a felony conviction, a substantial fine amount and court costs and other fees, he didn’t know what to do. That’s when he gave M. DON HIMMELBERG & ASSOCIATES a call to set up a free consultation. We made a step by step game plan tailored to his case and went on the offensive.

During the preliminary hearing and after cross examination of the Officer who made the traffic stop which found the 42 pounds of marijuana, the judge presiding ruled in our favor claiming the stop was illegal. Case Dismissed. No Felony Record! No Fine! No Court Cost! No Probation!

Give us a call today at 615-353-0930 or 615-308-5405 to see what we can do for you!

Call now to set up a free consultation!

September 17, 2015

Sexual Battery Case Dismissed


Rutherford County General Sessions Court dismissed Sexual Battery case after judge finds the alleged victim was not being truthful.

Sexual Battery is a serious offense and if you are accused of this crime you could be facing some serious penalties, including jail time and/or put on sex registry.

Every case is different, so let our knowledge and skill go to work for you. Give us a call today to go over your options if you have been charged with a sexual crime in Middle Tennessee. Remember you are not guilty until proven guilty. Voluntary statements can and will hurt you, so call us first so we can better guide you in the right direction.

And remember we have free consultations! Call us now at 615-353-0930 or 615-308-5405.

April 14, 2015

Know what to do if you’re getting pulled over!

Okay, so you just got pulled over for weaving, speeding, or maybe it's 10:30 p.m. and you are just driving around downtown. The cop asks you for your license and insurance and then says, “Sir, where are you coming from tonight? “or “Ma’am, have you been drinking tonight?” What do you do? What do you say?

People always seem to believe that if they just tell the officer the truth they will be let go, or even if the officer decides to charge them they will somehow be allowed to go home. This is WRONG. Everything you say to a police officer can and will hurt you, because he is evaluating your speech, your eyes, and he is smelling in your car to see if he can detect anything.

Now, the officer asks you to step outside the vehicle. Be careful, because he is watching your every move. The officer pulls you aside and says he believes you have been drinking: "I just want to have you undergo a few tests before I let you head home."



In plain terms, NO, don’t take the FST, BAC or Blood test. You have the right to deny all of these tests. Please remember the officer will tell you about more penalties involved for refusing. However, in court this will work to your advantage. You will be arrested. You will need to make a bond. YOU WILL NEED TO CALL US!

Remember, a DUI cannot be expunged from your record. Call M. Don Himmelberg and Associates for a free consultation and let over 30 years legal experience with DUI’s go to work for you!

July 28, 2014

Forfeits and Seizures of Property


If you have been pulled over, been a victim to a search warrant, or have interest in property that has been seized by the State, then read this…

The State can seize your property consisting of vehicles, money, real property, and other miscellaneous property if you or someone that lives with you was charged with drug or alcohol crime. Property may be seized for possession of drugs, illegal or prescription. Vehicles may be seized for driving on a driver’s license which has been revoked for a DUI. Even if you lend someone your car and they get pulled over and their license is revoke for DUI, that vehicle is subject to seizure and can be forfeited to the State.

The State can and will take your property if it is tied to a drug or alcohol crime. Don’t play around with your valuable property. Hire an experienced lawyer who handles forfeits and seizures. If you had property seized due to a drug or alcohol crime or has interest in property that has been seized, call immediately 615-353-0930 or 615-308-5405. YOU DON’T HAVE TIME TO WASTE. There are statutory time restrictions on getting your property back and if you don’t act fast you will forfeit your property to the State.

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July 17, 2014



Hey everyone, don’t forget to follow me on twitter @DonHimmelberg and go “like” my Facebook page M. Don Himmelberg & Associates. I will be trying to keep you updated with news, law, and life as a criminal defense attorney in Nashville, Tennessee.

July 10, 2014

Domestic Violence Front and Center in Nashville


Domestic Violence victims as well as advocacy groups have been voicing their concern with Domestic Violence laws and procedures. Currently, those laws in place might be changing and powers of the judiciary limited. Recently, a Nashville developer was arrested for domestic assault against his ex-girlfriend. Being somewhat known and arrested is not the story here. The story is that he was released from jail earlier than expected and went back and assaulted the victim again that same morning. In a domestic assault case the accused is supposed to be held in custody for 12 hours before being released on bond, this is known as a “cooling-off” period. In this case a judge had waived the 12 hour “cooling-off” period and deemed it not a domestic case due to bad information. Waiving the 12 hour “cooling-off” period is not uncommon and is up to the Night Court commissioner. Since domestic violence can be an array of offenses each domestic violence case is different. Case law does not set out guidelines, so the Night Court commissioner has to examine the facts for each case differently. Legislatures now want to take that power away from judges and make the law more stringent when dealing with domestic violence cases.

Being charged with a domestic crime is a serious offense. Some domestic crimes are felonies and can carry lengthy prison sentences as well as large fines, domestic violence treatment programs, community service, and more. Individuals charged with a domestic crime have the right to hire an experienced attorney for representation. If you or someone you know has been charged with a domestic crime call immediately 615-308-5405 for a free consultation. Also note that if convicted of a domestic crime you are prohibited from possessing a firearm under law.

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July 3, 2014

Happy 4th of July


MDH & Associates would like to wish everyone a safe and happy holiday weekend. Remember not to drink and drive and always find a sober ride home. DUI checkpoints will be amped up this weekend and some checkpoints will be a NO REFUSAL. This means if you drive through a DUI checkpoint and they ask you to submit to a BAC test (Blood Alcohol Content) or Blood test you can’t refuse the test. In other circumstances you wouldn’t have to submit and would get an Implied Consent charge instead. Now if you refuse at these NO REFUSAL checkpoints the officer can call up a judge or judicial commissioner and get a warrant to have your blood taken. If this happens to you over the 4th of July weekend, please contact 615-308-5405. We can help you fight and go over your options.

Also remember you can still get a DUI on the lake or river. A BUI (Boating Under the Influence) conviction for operating under the influence will result in fines of up to $2,500 on the first offense, $2,500 on the second offense and $5,000 for the third offense. A jail sentence of 11 months and 29 days may also be imposed for any conviction and operating privileges may be suspended from one to ten years. Additional federal penalties may also be charged. You can deny the field sobriety test but you will be charged with Implied Consent.

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June 30, 2014

GET A WARRANT! SCOTUS says no more warrantless searches of cell phones.


The Supreme Court in the case of Riley v. California held that police must obtain a warrant before going through people’s cellphones. In a unanimous decision, this ruling is at the soul of privacy rights and marks a win for more American privacy in the ever changing technology era.

This ruling arose from two different cases Riley v. California and United States v. Wurie. In both cases police seized the defendant’s cell phone, incident to arrest, looked through it for information and that incriminating information found was used against the defendants in court.

The Police argued that searching through data on cellphones was no different from asking someone to turn out his pockets, but the justices rejected that, saying a cellphone holds the most personal and intimate details of someone’s life and falls squarely within the Fourth Amendment’s privacy protections.

The Supreme Court went on to say, “The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought,” Chief Justice John G. Roberts Jr. wrote in the unanimous opinion. “Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple — get a warrant.”

SCOTUS (Supreme Court of the United States) went even further to say law enforcement cannot check a cellphone’s call log because it could contain more information than phone numbers, and examining the call log is a violation of privacy that can be justified only with a court-issued warrant.

If a warrantless search was conducted on you or a family member leading to a criminal charge please contact MDH & Associates for a free consultation 615-308-5405. It’s good to know your rights!

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June 25, 2014



Alright, Alright, Alright we are starting to make some head way on the social media side of things. Please follow us on twitter @donhimmelberg https://twitter.com/DonHimmelberg

Also please go like and share our facebook page https://www.facebook.com/mdhandassociates so more people know where to turn to when they need help.

June 18, 2014




The law office of M. Don Himmelberg & Associates has moved to a new location. We are currently located inside the Higgins Firm on 525 4th Avenue South, Nashville, Tennessee. Same great people just a new building a couple blocks from our previous location. With these changes, we are also making some new changes in a way to communicate with our clients and keep people of Tennessee updated on the law. So the blog site will continually be updated with new exciting material covering, Tennessee law updates, U.S. and Tennessee Supreme Court decisions regarding criminal matters, local and national news, and finally our case disposition updates.

Himmelberg & Associates will also be found on Facebook, Twitter, Linkedin and many more social media outlets. The usernames or address will be posted as soon as we finish updating them. Remember if you or someone you know needs help in a criminal matter, we are here to help. Our consultations are always free so please call 615-353-0930 or 615-308-5405.

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November 20, 2012

Suppression of Evidence

Suppression of Evidence for a criminal defense attorney is pivotal in some major cases. Evidence that the District Attorney has obtained such as a search warrant, wiretap, video, and photos all can be challenged for its admissibility. Evidence is suppressed when a judge decides that the evidence in question was illegally obtained. This is known as the “exclusionary rule.”

Tennessee Code 50-4-108; states the following for suppression of evidence,
(a) Any person aggrieved by an unlawful inspection of premises named in an administrative inspection warrant may in any judicial or administrative proceeding move to suppress any evidence or information received, or moves for the return of any item seized, by the agency pursuant to the inspection.
(b) If the court or the administrative agency finds that the inspection was unlawful, the evidence and information shall be suppressed and any item seized returned and not considered in the proceeding.
[Acts 1979, ch. 345, § 9; T.C.A., § 50-608.]

There are other types of evidence that you can have suppressed at trial also. The “fruits of the poisonous tree” doctrine states that additional evidence discovered as a result of illegally obtained evidence is excluded at trial. For example, if an officer illegally searches your car and finds your illegal drugs in it, the drugs cannot be used as evidence at trial. The illegal search is the “poisonous tree” and the illegal drugs are the “fruit.”

However, there are some exceptions in which evidence that was obtained illegally may be used in court.

These exceptions are:
•Inevitable discovery – this means that the police would have inevitably found the evidence, with or without the illegal search
•Independent source – the discover of the evidence involved a combination of legal and illegal means, but the evidence could have been discovered by a reliable source
•Good faith – the officers who discovered the evidence has no reason to believe their search was illegal (i.e., believed the search warrant to be valid when it was not)
•Attenuation – if the connection between the illegal search and the evidence is sufficiently weak, the evidence may be considered untainted.

If you have been the victim of an illegal search and seizure or have questions about evidence suppression contact Attorney Don Himmelberg for your free consultation.

September 13, 2012

Sex Offender Registry Violations

Sex offender registry laws in the state of Tennessee continue to get stricter. Tennessee laws have increased sex offender registration violations from misdemeanor offenses to felony offenses. If you are convicted of any sexual offense you have up to (48) hours to notify the proper authorities in person. If you fail to comply with any of these regulations you may find yourself behind bars. Please contact Attorney Don Himmelberg if you or anyone you know would like more information about sex registry violations or to set up your free consultation.

Tennessee Code 40-39-208. Violations -- Penalty -- Venue -- Providing records for prosecution

(a) It is an offense for an offender to knowingly violate any provision of this part. Violations shall include, but not be limited to, the following:

(1) Failure of an offender to timely register or report;

(2) Falsification of a TBI registration form;

(3) Failure to timely disclose required information to the designated law enforcement agency;

(4) Failure to sign a TBI registration form;

(5) Failure to pay the annual administrative costs, if financially able;

(6) Failure to timely disclose status as a sexual offender or violent sexual offender to the designated law enforcement agency upon reincarceration;

(7) Failure to timely report to the designated law enforcement agency upon release after reincarceration;

(8) Failure to timely report to the designated law enforcement agency following re-entry in this state after deportation; and

(9) Failure to timely report to the offender's designated law enforcement agency when the offender moves to another state.

(b) A violation of this part is a Class E felony. No person violating this part shall be eligible for suspension of sentence, diversion or probation until the minimum sentence is served in its entirety.

(c) The first violation of this part is punishable by a fine of not less than three hundred fifty dollars ($350), and imprisonment for not less than ninety (90) days.

(d) A second violation of this part is punishable by a fine of not less than six hundred dollars ($600), and imprisonment for not less than one hundred eighty (180) days.

(e) A third or subsequent violation of this part is punishable by a fine of not less than one thousand one hundred dollars ($1,100), and imprisonment for not less than one (1) year.

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