Just because you get a DUI doesn't mean that you're an alcoholic. In fact, in many cases, it's non-alcoholics who get DUIs simply because they had one too many drinks drinks one night out with friends and blew over the limit when they were pulled over on their way home. Regardless of the reason why you got a DUI, getting a DUI conviction comes with many repercussions. You're probably already aware that your license will be revoked for a period of time and that you might have to do a bit of time in jail, but there's a few unaccepted consequences of a DUI conviction that you might not know about.
1. Ignition Interlock Devices
In many states, it's required under UI law that you have an ignition interlock device placed on your vehicle for at least six months in order for you to get your license back. Not only are ignition interlock devices inconvenient since they require you to blow into them when they beep as you're driving down the road and in order to get them to start, they're also terribly expensive. In addition to the initial cost of getting the device put on your car, you'll also have to pay fees every month to keep it calibrated.
2. DUI Classes
Another UI law that most states have is that you complete DUI classes after getting a conviction. These classes aren't cheap either (we're talking at least a couple hundred dollars), and they're time-consuming. You usually have to complete at least 12 hours of them. Most states offer either four-hour night classes completed in three days or six-hour classes completed on two Saturdays.
3. Long-Term Repercussions
A conviction for a DUI can have long-term repercussions as well. For instance, a DUI will show up on a background check for a job. Regardless of whether the conviction was a first-time misdemeanor or a felony, it could result in you not getting the job that you applied for. While you can get many charges and convictions expunged from your arrest record, DUIs are ones that you cannot. In short, they'll follow you forever.
4. Professional License Forfeiture
People in certain professions could have their professional licenses revoked in they get a DUI simply because the DUI is a indication of poor judgement. Doctors, lawyers and other specialists are examples of the types of professionals who are in danger of having their licenses revoked by a governing agency due to a DUI. However, in most cases, there must be a perpetual habit of reckless behavior in order for this to happen. Usually, a first-time DUI won't result in professional license forfeiture, but it could, depending upon the issuing agency.
5. Increased Insurance Rates
Your auto insurance will most definitely go up if you get a conviction for a DUI because insurance companies will then view you as a risk factor. They figure if you get behind the wheel after drinking, then you're reckless and are, therefore, more likely to be involved in a wreck. Your health insurance could even go up as a result of a DUI since it could be viewed as a sign of alcoholism, which is adverse to your health.
6. Job Loss
Some employers have provisions in their handbooks that allow them to fire you if you get a criminal conviction. If that's the case with your employer, then you might find yourself in need of a new job, which will be more difficult to acquire when you've been fired and have a DUI to boot.
If you or a loved one have questions or need assistance with Bail Bond services in the Chattanooga area, The Bail Bondsmen at Gary's Bail Bonds are ready to help. With more than 20 years of experience in the Bail Bond business, we have the practical experience and knowledge to get you out of jail fast. 24 hours a day, 7 days a week, Gary's Bail Bonds is there when you need us most. 423-664-1000
Is Filming Or Recording The Police Legal?
Now, however, just about everyone carries a high-definition video camera in their pocket, thanks to smartphones and other pocket-sized video recording devices. This has led to an explosion of people recording and sharing their encounters with the police online through platforms like YouTube, Instagram, and other video sharing websites.
One of the side effects of people recording their police encounters has been numerous threats, arrests, and legal proceedings (often by the police themselves) against people who have taken and shared those videos. The obvious question then is: Is it legal to film or record encounters with the police?
What The Law Says
When it comes to what’s actually in the law books, there are very few states with laws explicitly pertaining to video recording of police officers and personnel. However, courts around the country have generally agreed that video recording of police is legal under the first amendment, even during protests or traffic stops.
With that said, there are some limits about when and where recording is okay.
Where Are You Filming?
One of the most important factors regarding legally filming encounters with the police is where the filming occurs.
In a public space, people are generally allowed to record on-duty police. The only requirements are that the person filming is also legally allowed to be in the same public space, the activity being filmed is in plain view, and the recording is not being conducted in secret.
If, however, the act of filming is legitimately interfering with law enforcement operations, the police can order the person or people filming to stop.
The right to record police is much more limited in private spaces. Filming on private property is subject to the permission and whims of the property owner. If the owner of the property doesn’t want someone filming, they can have the police arrest the offending party for trespassing.
Tips For Legally Filming & Recording Police Encounters
While just about anyone is legally entitled to film police encounters under the laws mentioned above, there are some additional steps anyone who decides to film can take to ensure that their own activity is on solid legal footing.
This includes:
- Inform the police they are being recorded
- Comply with police requests to step back or identify yourself
- Keep your camera out of the way (low and close to your body, and don’t point it like a gun)
- Calmly remind the police of your right to film them, if needed
If a police officer orders someone to stop filming—either out of ignorance or to intimidate them—and that person refuses, they should prepare to be arrested. In the event of an arrest, stay calm, and contact an attorney as soon as possible.
(This article is taken from www.guinannlaw.com )
If you or a loved one have questions or need assistance with Bail Bond services in the Chattanooga area, The Bail Bondsmen at Gary's Bail Bonds are ready to help. With more than 20 years of experience in the Bail Bond business, we have the practical experience and knowledge to get you out of jail fast. 24 hours a day, 7 days a week, Gary's Bail Bonds is there when you need us most. 423-664-1000
What Should I Do If I’m Arrested for Drug Possession?
Drug charges carry some pretty harsh penalties. The things you do and the decisions you make after an arrest can have a huge impact on your criminal case. Here’s what you need to know.
DON’T PANIC. STAY CALM.
An arrest doesn’t mean that your life is over. The state has the burden of proving that you’ve broken the law. Prosecutors don’t just have to prove it – they have to prove it beyond a reasonable doubt. That’s quite a high standard. So, don’t panic. The more composed you are, the easier it will be to understand what’s going on and make the best possible decisions.
ASK FOR YOUR LAWYER, THEN REMAIN SILENT.
You have the right to remain silent and you should absolutely exercise that right. However, before you cease all communication with the state, inform the police and prosecutor that you want your lawyer.
You also have the right to be represented by counsel from here-on out. Having an experienced criminal defense attorney by your side can help to ensure that your rights are respected and that you’re given the very best shot at beating the charges.
GIVE YOUR CRIMINAL DEFENSE ATTORNEY A DETAILED ACCOUNT OF WHAT HAPPENED
When you sit down with your team of criminal defense lawyers, be prepared to tell them everything you remember about your arrest. Try to include as many details as possible about your arrest, any searches that were conducted, and your interactions with anyone employed by the state following your arrest.
Your lawyer will probably ask you to repeat yourself a few times. There are a couple of reasons for this.
- First, retelling the circumstances can help you recall details that you might have forgotten about early on.
- Second, your attorney can gauge whether you’re being entirely forthcoming or if you’re hiding information because you think it might be harmful to your case.
Here’s the thing – don’t hide anything from your lawyer. They’re on your side. However, your attorney can only help you as much as you let them. If you fail to disclose certain details – because you think they’re unimportant or you think they’re harmful – your attorney will not be able to build you the very best defense.
Disclose all details – regardless of whether you think they’re big, small, good, bad, irrelevant – so that your defense can be set up for success.
REQUEST BAIL IF YOU HAVEN’T BEEN RELEASED
After an arrest for drug possession, you might be required to post bail before you can be released from custody. When you post bail, you’re essentially giving the court collateral in exchange for your freedom. You’ll have to show up for your court appearance if you want to get your money back.
ASK ABOUT A DRUG TREATMENT PROGRAM IN LIEU OF CONVICTION
Most drug possession cases don’t go to trial. Many are thrown out because the defendant completed a drug treatment program.
You would likely qualify for the drug diversion program if you were arrested for simple possession, and:
- Are not also facing charges for another crime
- Do not have a strike on your record
- Were not in possession of a firearm or deadly weapon at the time of your arrest, and
- Do not refuse drug treatment as a term of your probation.
If you successfully complete the drug treatment diversion program, your arrest, charges, and/or conviction can be dismissed.
ASK YOUR LAWYER ABOUT SEALING OR EXPUNGING YOUR RECORD
Once you’re arrested for drug charges, evidence of that will be public knowledge. It doesn’t matter if you’re never charged with a crime, if charges are filed by dropped, or if you’re acquitted. The fact that you were arrested will still be on your criminal record.
That’s not fair to you. So, be sure to ask your attorney about how you can seal your criminal record. Sealing means that traces of your arrest and charges – including fingerprints, mug shots, and reports – will be removed from your record.
If you are convicted of drug possession charges, that will also be part of your permanent criminal record. In certain situations, you might qualify to have your conviction expunged.
Expungement means that the status of your drug possession case is converted from “convicted” to “dismissed.” So, while there will still be evidence of your run-in with the law, you can legally say (in most cases) that you weren’t convicted.
(The information in this blog post is taken from www.aerlawgroup.com )
If you or a loved one have questions or need assistance with Bail Bond services in the Chattanooga area, The Bail Bondsmen at Gary's Bail Bonds are ready to help. With more than 20 years of experience in the Bail Bond business, we have the practical experience and knowledge to get you out of jail fast. 24 hours a day, 7 days a week, Gary's Bail Bonds is there when you need us most. 423-664-1000
When there is an intoxication-related arrest in Tennessee, people will often link it to driving under the influence. However, there can also be an arrest for simply being intoxicated in public. Certain elements must be in place for a person to be charged with public intoxication. Anyone can find themselves confronted with this issue; understanding the reason for the arrest is a fundamental part of crafting an effective defense.
Keys to being charged with public intoxication
Law enforcement must have three elements in place when they make an arrest for public intoxication. The person must have been under the influence of an intoxicating substance like alcohol or drugs; he or she must have created a disturbance, harmed him/herself or someone else during the incident and it must have happened in a public location. It is important to note that being legally drunk is not necessary to warrant charges. The key is behaving in a manner consistent with drunkenness. That can include a person being unable to care for him or herself, acting out of control or threatening others’ safety.
It can be difficult to determine exactly what constitutes creating a “disturbance.” Still, simply bothering others and acting disruptively could be sufficient. Being in a public place might seem relatively self-explanatory, but there is nuance involved. It largely depends on police interpretation of criminal law and the circumstances of the events that led to an investigation.
Avoiding consequences of public intoxication may require professional advice
Public intoxication charges differ from DUI cases and should be defended against in a way that addresses the specific allegations. While there might not be serious penalties, it can still be problematic personally, professionally and financially. To accurately assess these charges and forge an effective defense, it may be useful to have experienced guidance from an attorney.
(This article is taken from www.levittandlevittlaw.com )
If you or a loved one have questions or need assistance with Bail Bond services in the Chattanooga area, The Bail Bondsmen at Gary's Bail Bonds are ready to help. With more than 20 years of experience in the Bail Bond business, we have the practical experience and knowledge to get you out of jail fast. 24 hours a day, 7 days a week, Gary's Bail Bonds is there when you need us most. 423-664-1000
During a traffic stop, you cannot rely on a police officer to provide accurate information about your legal rights. Police officers sometimes will try to search a vehicle even when they do not have a legal basis to demand access to the interior during a traffic stop. When is it legal for an officer to search your vehicle?
After an arrest or with a warrant
If an officer arrests someone as part of a traffic stop, they might then have reason to search the vehicle for evidence related to the alleged crime. If they arrest a driver for the possession of drugs or driving under the influence, they might search the vehicle for open containers of alcohol or other evidence of drugs. Officers can also search a vehicle if they have a warrant related to an investigation into criminal activity.
When police have probable cause
One of the most common reasons for officers to search a vehicle without a warrant is the claim that they have probable cause for the search. If the officer believes the people in the vehicle have broken the law or are in the act of doing so, they can search the vehicle, but they will need to validate their grounds for probable cause in the report they file.
When police fear for their safety
If a driver threatens the police officer or otherwise makes a law enforcement agent believe that their safety is at risk, the officer could potentially search the vehicle for weapons.
When a driver gives permission
All too often, the reason police officers search someone’s vehicle is the driver gave them permission. You might think you have nothing to hide, but you never know what former owners or previous occupants of your vehicle may have left behind. Any number of items might implicate you and result in an arrest and possibly criminal charges.
Unlawful searches could have an impact on your criminal defense strategy, and knowing your rights about the police searching your vehicle could help you advocate for yourself.
(This article taken from www.levittandlevittlaw.com/ )
If you or a loved one have questions or need assistance with Bail Bond services in the Chattanooga area, The Bail Bondsmen at Gary's Bail Bonds are ready to help. With more than 20 years of experience in the Bail Bond business, we have the practical experience and knowledge to get you out of jail fast. 24 hours a day, 7 days a week, Gary's Bail Bonds is there when you need us most. 423-664-1000
Shoplifting is one of the more common criminal charges we see. A store owner may think they observe something suspicious and call the police. This can lead to a big disruption for the person being accused of wrongdoing.
Being charged with something does not mean you are guilty, however. Here is what you should know about shoplifting charges.
Shoplifting is not just taking an item from a store
Tennessee has a broad definition of shoplifting. Taking an item from a shop without paying is, of course, shoplifting. But someone could also be charged with shoplifting if they are accused of:
- Altering the price of an item or removing the price marker
- Moving merchandise from one bin to another
- Doing anything that causes a register to show the wrong price
- Tampering with an anti-shoplifting device in an attempt to steal product
- Activating a fire alarm system to commit theft
- Using a container, instrument or device to take an item
This means authorities have flexibility if they want to charge someone with shoplifting.
Charges depend on product value
A shoplifting charge can be anything from a misdemeanor to a very serious felony. It all depends on the value of the product.
For example, if the theft of property involves an item valued at $1,000 or less, it would be charged as a Class A misdemeanor, (which is the most serious misdemeanor in Tennessee). As the value of the merchandise goes up, so does the potential severity of the criminal charge. Anything worth more than that may be charged as a felony, ranging from Class E (the least serious) to Class A (the most serious).
It is important to remember that if someone is accused of shoplifting multiple items, the total value is what counts – not the value of each item separately.
How to defend yourself
Whatever the charge ultimately is, it is very important to have a strong defense. Even the lowest level shoplifting offense might result in time behind bars and a hefty fine, plus the repercussions in other areas of life. In some cases, prosecutors may even try to bring more serious allegations. That’s what happened to a woman charged with stealing $72 worth of property from Walmart – and somehow found herself facing felony burglary charges.
Do not let law enforcement trample all over you and dictate the outcome of the case. By fighting back, you can protect your name and help minimize any potential impact on your life.
(This article is taken from www.levittandlevittlaw.com )
If you or a loved one have questions or need assistance with Bail Bond services in the Chattanooga area, The Bail Bondsmen at Gary's Bail Bonds are ready to help. With more than 20 years of experience in the Bail Bond business, we have the practical experience and knowledge to get you out of jail fast. 24 hours a day, 7 days a week, Gary's Bail Bonds is there when you need us most. 423-664-1000
What Should I Do If I’m Arrested for Drug Possession?
Drug charges carry some pretty harsh penalties. The things you do and the decisions you make after an arrest can have a huge impact on your criminal case. Here’s what you need to know.
DON’T PANIC. STAY CALM.
An arrest doesn’t mean that your life is over. The state has the burden of proving that you’ve broken the law. Prosecutors don’t just have to prove it – they have to prove it beyond a reasonable doubt. That’s quite a high standard. So, don’t panic. The more composed you are, the easier it will be to understand what’s going on and make the best possible decisions.
ASK FOR YOUR LAWYER, THEN REMAIN SILENT.
You have the right to remain silent and you should absolutely exercise that right. However, before you cease all communication with the state, inform the police and prosecutor that you want your lawyer.
You also have the right to be represented by counsel from here-on out. Having an experienced criminal defense attorney by your side can help to ensure that your rights are respected and that you’re given the very best shot at beating the charges.
GIVE YOUR CRIMINAL DEFENSE ATTORNEY A DETAILED ACCOUNT OF WHAT HAPPENED
When you sit down with your team of criminal defense lawyers, be prepared to tell them everything you remember about your arrest. Try to include as many details as possible about your arrest, any searches that were conducted, and your interactions with anyone employed by the state following your arrest.
Your lawyer will probably ask you to repeat yourself a few times. There are a couple of reasons for this.
- First, retelling the circumstances can help you recall details that you might have forgotten about early on.
- Second, your attorney can gauge whether you’re being entirely forthcoming or if you’re hiding information because you think it might be harmful to your case.
Here’s the thing – don’t hide anything from your lawyer. They’re on your side. However, your attorney can only help you as much as you let them. If you fail to disclose certain details – because you think they’re unimportant or you think they’re harmful – your attorney will not be able to build you the very best defense.
Disclose all details – regardless of whether you think they’re big, small, good, bad, irrelevant – so that your defense can be set up for success.
REQUEST BAIL IF YOU HAVEN’T BEEN RELEASED
After an arrest for drug possession, you might be required to post bail before you can be released from custody. When you post bail, you’re essentially giving the court collateral in exchange for your freedom. You’ll have to show up for your court appearance if you want to get your money back.
ASK ABOUT A DRUG TREATMENT PROGRAM IN LIEU OF CONVICTION
Most drug possession cases don’t go to trial. Many are thrown out because the defendant completed a drug treatment program.
You would likely qualify for the drug diversion program if you were arrested for simple possession, and:
- Are not also facing charges for another crime
- Do not have a strike on your record
- Were not in possession of a firearm or deadly weapon at the time of your arrest, and
- Do not refuse drug treatment as a term of your probation.
If you successfully complete the drug treatment diversion program, your arrest, charges, and/or conviction can be dismissed.
ASK YOUR LAWYER ABOUT SEALING OR EXPUNGING YOUR RECORD
Once you’re arrested for drug charges, evidence of that will be public knowledge. It doesn’t matter if you’re never charged with a crime, if charges are filed by dropped, or if you’re acquitted. The fact that you were arrested will still be on your criminal record.
That’s not fair to you. So, be sure to ask your attorney about how you can seal your criminal record. Sealing means that traces of your arrest and charges – including fingerprints, mug shots, and reports – will be removed from your record.
If you are convicted of drug possession charges, that will also be part of your permanent criminal record. In certain situations, you might qualify to have your conviction expunged.
Expungement means that the status of your drug possession case is converted from “convicted” to “dismissed.” So, while there will still be evidence of your run-in with the law, you can legally say (in most cases) that you weren’t convicted.
(The information in this blog post is taken from www.aerlawgroup.com )
If you or a loved one have questions or need assistance with Bail Bond services in the Chattanooga area, The Bail Bondsmen at Gary's Bail Bonds are ready to help. With more than 20 years of experience in the Bail Bond business, we have the practical experience and knowledge to get you out of jail fast. 24 hours a day, 7 days a week, Gary's Bail Bonds is there when you need us most. 423-664-1000
Practically speaking, there can be a lot of overlap in how the two crimes are interpreted and charged in any given case. But for the purposes of explanation, we’ll use a simple example scenario to illustrate the difference.
Imagine the following scenario:
Two people get into an argument in a parking lot, they yell back and forth at each other, and then one person picks up a rock and throws it at the other person.
Assault
Assault is commonly defined as “an act that puts the victim in reasonable apprehension of harmful or offensive contact.” The key here is that no actual physical harm needs to occur for the police to charge someone with assault.
Looking at our example scenario, if the person who throws the rock misses the other person and the rock lands harmlessly on the pavement, then that would be considered assault.
It does not matter if the person who threw the rock actually intended to hit the other person, all the matters is if the person the rock was thrown at was reasonably afraid the rock would hit them.
Assault is a misdemeanor violation and is punishable by up to six months in jail (as opposed to state prison) and a maximum fine of $1,000.
Battery
Battery is defined as “any willful and unlawful use of force or violence on someone else.” Battery requires that one person actually inflicts harmful or offensive contact on another person. There is no requirement that the victim suffers a personal injury or bodily harm, only that contact was made.
Going back to our example scenario, if the person who threw the rock actually hit the other person, even if no harm occurred (hard to imagine, but theoretically possible), that would qualify as battery.
If there is no severe bodily harm to the victim, the battery would likely be charged as a misdemeanor and the punishment is the same as misdemeanor assault.
Aggravated Assault & Battery
When the use of a deadly weapon (such as a knife or gun) is used in an assault, and/or if a victim sustains severe bodily harm or injury, then the crimes can be charged as aggravated assault and battery.
Aggravated assault and battery can possibly be charged as felonies. If felony charges are brought, the punishments for those crimes are much more severe, and can result in prison time and huge financial penalties.
If you or a loved one have questions or need assistance with Bail Bond services in the Chattanooga area, The Bail Bondsmen at Gary's Bail Bonds are ready to help. With more than 20 years of experience in the Bail Bond business, we have the practical experience and knowledge to get you out of jail fast. 24 hours a day, 7 days a week, Gary's Bail Bonds is there when you need us most. 423-664-1000
For convicted felons, federal charges alleging possession of a firearm or ammunition pursuant to 18 U.S.C. §922(g) are extremely serious, and carry harsh penalties. Even seemingly minor and harmless circumstances involving felons and guns can result in up to 10 years of prison time. When persons charged as a felon in possession have prior convictions for certain crimes of violence or serious drug offenses, the Armed Career Criminal Act often causes that potential jail time to jump to 15 years to life in prison.
If you or a loved one have questions or need assistance with Bail Bond services in the Chattanooga area, The Bail Bondsmen at Gary's Bail Bonds are ready to help. With more than 20 years of experience in the Bail Bond business, we have the practical experience and knowledge to get you out of jail fast. 24 hours a day, 7 days a week, Gary's Bail Bonds is there when you need us most. 423-664-1000
DRIVING ON A SUSPENDED LICENSE IN TENNESSEE
BEING CONVICTED OF DRIVING ON A SUSPENDED LICENSE CAN MAKE A BAD SITUATION WORSE. CONSULT A KNOWLEDGEABLE CRIMINAL LAW ATTORNEY TO KNOW YOUR OPTIONS.
Having a suspended license disrupts your whole life. Getting around is difficult. You feel trapped at home. That being said, driving on a suspended license can have serious consequences. If convicted of this offense, you face jail time, fines, and an increase in the suspension period for your license.
WHAT HAPPENS IF YOU ARE FOUND DRIVING ON A SUSPENDED LICENSE?
In Tennessee, your driver’s license may have been suspended for a number of reasons, including, but not limited to:
o DUI
o Refusing BAC testing
o Driving without insurance
o Failing to pay traffic citations
o Vehicular assault or homicide
After your licenses is suspended, you may be able to apply for a restricted license after a certain amount of time. A restricted license will allow you to go to work, school, and required drug or alcohol treatment.
To have your license reinstated, you must:
o Apply
o Pay new license fee
o Provide proof of financial responsibility
o Pay reinstatement fees
The wait until you can get your license back can feel like an eternity. However, the penalties you can face for driving with a suspended license can make things much worse. Fighting a driving on a suspended license charge is difficult because, once the district attorney alleges that you drove on a suspended license, you carry the burden of proving that you did have a valid license at the time of the alleged offense. Without this evidence, you will lose. A skilled attorney may be able to offer negotiating skills or advice.
In Tennessee, driving on a suspended license is a Class B misdemeanor with a sentence of up to 6 months in jail and/or a $500 fine. The penalties may increase depending on why your license was suspended in the first place. Those found driving on a license that was suspended due to vehicular assault or homicide will find harsher penalties.
It should also be noted that if you are a repeat offender of driving with a suspended license, the penalties are more severe. If you have driven on a suspended license before, it becomes a Class A misdemeanor with up to one year in jail and/or a $2,500 fine. It will also result in an increase in the suspension period for your license.
If you or a loved one have questions or need assistance with Bail Bond services in the Chattanooga area, The Bail Bondsmen at Gary's Bail Bonds are ready to help. With more than 20 years of experience in the Bail Bond business, we have the practical experience and knowledge to get you out of jail fast. 24 hours a day, 7 days a week, Gary's Bail Bonds is there when you need us most. 423-664-1000