Recently, our client was caught with a loaded handgun and 52 grams of crack cocaine … while he was on parole. He was charged with Possession of Schedule II drugs, Felon in Possession of a Handgun, and Introduction of Controlled Substance into a Penal Institution. Our client was looking at 22-38 years in prison. After hiring us, we got all the evidence thrown-out and the case dismissed! We even got the charges expunged from our client’s record! How did we do it? We worked very hard and proved the police violated his rights.

This isn’t just a job for us. We take our client’s situations very seriously. At Himmelberg and Associates, we understand that we are dealing with people’s lives. For over 25 years, Attorney Don Himmelberg has helped people through the difficult and confusing process of the criminal justice system. For us, we know that criminal charges affect your family, job, and increase the stress on every other part of your life.

Don’t wait until it is too late. When you’re arrested, call us immediately. Contact our office so we can help you with your criminal charges and get your life back to normal. Call our office at (615) 353-0930 or call Don on his cell phone at (615) 308-5405.

weed.jpgEarlier 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!

juvenile-sex-offenses-prosecution.jpgRutherford 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.

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.”


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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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.


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.

Take a look at the Tennessee statute defining Domestic Assault and relationship:


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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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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