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Fraud In Health Care

Thu, 05 Jun 2025 16:04:43 GMT

What does healthcare fraud look like and who can be charged?

According to the FBI, health care fraud costs American taxpayers tens of billions of dollars every year. It can lead to higher taxes, higher costs for health care and insurance, and even expose people to unnecessary medical treatments. Because the costs are so high and the effects so far-reaching, state and federal law enforcement take health care fraud allegations very seriously.

For instance, the Department of Justice recently announced it had arrested 138 people in what it said were a variety of health care fraud schemes in 31 federal districts across the country. Among the arrested were 42 licensed medical professionals, including doctors and nurses. According to the Justice Department, the defendants’ actions cost the United States more than $1.4 billion.

Wide variety of allegations

Although the arrests were announced at the same time, the alleged crimes represent a wide variety of behavior in different settings.

Most of the cases involved alleged telemedicine fraud schemes. For instance, a number of the defendants were charged with ordering unneeded expensive medical equipment for medical facilities in exchange for kickbacks. The telemedicine cases also involved instances in which medical providers allegedly billed Medicare for consultations with patients that did not actually occur as claimed.

Other cases involved medical professionals who allegedly referred patients to fraudulent drug and alcohol dependency treatment programs in exchange for kickbacks. According to the Justice Department, some of these programs subjected patients to unnecessary medical procedures and they charged the government thousands of dollars for simple drug tests.

Many other cases involved allegedly fraudulent prescriptions for opioid pain relievers in exchange for cash or other kickbacks.

A variety of defendants

As you can see from this recent Justice Department announcement, the term “health care fraud” covers a wide range of crimes, and the people who end up facing health care fraud charges can come from different walks of life. Many of them are doctors, nurses or other licensed medical professionals, but they can also include equipment providers and suppliers who allegedly overcharge for their goods and services.

The defendants in health care fraud cases often include business entities – both nonprofit and for-profit companies – but just as often they include individuals.

Prosecutions often allege sophisticated schemes in which defendants went to great lengths to deceive others in order to make money. Typically, the more elaborate cases are the ones that make the news.

Behind these charges there is often a relatively straightforward and rather sad story involving someone who suffered from addiction, who got in over their head, or who simply made a mistake. And sometimes the allegations are completely wrong altogether.

(This article taken from www.bfhelaw.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

Bar Fight And The Consequences

Mon, 02 Jun 2025 16:53:09 GMT

What are the potential legal ramifications of getting into a bar fight?

Life has been very challenging lately, and excessive drinking has been an unfortunate side effect for many people. When excessive drinking happens, it can lead to poor choices and reckless behavior. When life is particularly hard, some people overindulge in alcohol to help them forget about the hard parts of life. Sadly, while it may make someone make better in the short time, it can also lead to regretful decisions.

4 Types of Criminal Charges You Could Face From a Bar Fight

Fun is not overrated, until it gets out of hand and becomes a serious problem that could land you in legal trouble. Depending on the details of your situation, a bar fight could mean serious trouble, ranging from a misdemeanor assault charge to a felony. The severity of your charge is determined by a few contributing factors, like bodily harm to the victim and whether a weapon was used. In Tennessee, bodily harm and injury can range from a cut to scrapes or burns. Bodily injury differs in severity to serious bodily injury. Serious injury involves a near death risk or any range of life-threatening harm. In Tennessee, it is considered aggravated assault to inflict bodily harm with a weapon, so if you are involved in a bar or public fight that ends in bodily harm with a weapon – you can get into serious trouble.

If you are involved in a bar fight, you could face any of the following charges:

Assault: Assault is often found together with battery, but they are separate charges. Assault and battery are not interchangeable. Causing another person to fear bodily harm can result in assault charges. Assault is threatening bodily harm and attempting violence towards another person.

Battery: Unlike assault, battery happens when force is actually used to harm another person. If the injury isn’t serious, it is typically reflected in the punishment. However, if for example, a bar fight leads in serious harm to another person, you could face felony battery charges.

Disturbing the Peace: Considered by most to be a minor offense, disturbing the peace is a misdemeanor offense that carries up to 90 days in jail and a fine of $400 or less. Disturbing the peace doesn’t mean there was a physical fight. It can also be the result of shouting insult and using provocative language to incite a fight.

Manslaughter: Accidentally taking the life of another person is considered involuntary manslaughter. A heat of the moment and accidental death, like if one happened to die in a bar fight. Whether a manslaughter charge is categorized as voluntary or involuntary, it will carry jail time.

(This article taken from www.pattonandpittman.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

Laws About Drug Paraphernalia

Thu, 29 May 2025 15:32:49 GMT

Understanding Tennessee's drug paraphernalia law

Tennessee, like most states, has specific rules governing controlled substances, particularly the possession, production, and sale of them. When drugs are criminalized, the law also typically includes prohibitions that prevent the ownership of materials used in connection with the illegal drug. Controlled materials used in connection with controlled substances are called paraphernalia.

What Is Drug Paraphernalia?

Paraphernalia, according to Tennessee law, is any material used to grown, use, or make an illegal drug. Many people are often surprised when they realize that objects and materials can have both a legal purpose, and when they are used for their created and stated purpose, they are legal. However, a legal item can immediately become an illegal one if found with controlled substances.

Common legal items that instantly become illegal when used with a controlled substance:

Balloons
Pens
Plastic Bags
Scales
Small Spoons

These items could include a conviction because the material isn’t illegal – the action of using it to facilitate drug sales, usage, or creation makes the object part of a crime. The material or item won’t be identified as a criminal object unless law enforcement can prove it’s a drug tool. They will do this by examining any found item and materials for evidence of recent or previous drug usage. They look for signs of drug use like burns, residue, or reconfiguration. For example, reconfiguring a small spoon to make it easier for drug use would convert a legal object into an illegal one.

Tennessee Penalties for Possessing of Drug Paraphernalia

According to Tennessee law (TCA § 39-17-425), you can be convicted on drug paraphernalia charges if the prosecution can prove usage or intent to use the paraphernalia to complete any of the following drug-related tasks with a controlled substance:

“plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body.”

Personal possession of drug paraphernalia carries up to $2500 in fines, is a Class A misdemeanor, and can lead to just under 12 months in jail. While these fines and penalties vary by case, if found guilty, those charged could still be made to pay court costs or receive probation. The maximum fine is $2500 for a drug paraphernalia charge, even with prior convictions. However, the minimum fine does change based on an individual’s criminal history. If an individual has a prior offense, the minimum fine could change to:

Fines of at $150+ for a first conviction
Fines of at $250+ for any following convictions
Drug paraphernalia charges can become a Class E felony when an individual is found to have these items with the intent to sell or deliver drugs. Fines for Class E felony drug paraphernalia charges vary, but those found guilty could face fines up to $50,000 and up to two years in prison.

Carrying A Knife Legally

Thu, 22 May 2025 16:45:21 GMT

Can I be convicted of a weapons charge for carrying a knife?

Due to Tennessee’s vague legislative language, it can be difficult to understand exactly what type of weapon will get you convicted of a weapons charge.

As of 2013, it is legal to own any type of knife, including:

throwing stars;
daggers;
dirks;
swords;
sword canes; and
machetes.

Concealed Weapon Charge

There are generally no prohibited knives under statute laws, but you may still be convicted if you are concealing a knife with the intent of using it against another person. Tennessee law focuses on the intent to commit a crime rather than on whether or not the the knife is concealed.

You could get a deadly weapon charge if you:

commit an offense with a deadly weapon, other than a firearm, with the intent of employing it during an attempt to commit a dangerous crime or escape from the scene of a dangerous crime; or
commit an offense with a deadly weapon with the intent of employing it during an attempt to commit a non-dangerous crime or escape from the scene of a non-dangerous crime.

It’s important to note that a dangerous crime is a felony such as murder, kidnapping, manslaughter, stalking, burglary, or drug offenses. While a switchblade is legal in Tennessee, it’s important to note that if you possess a switchblade during the commission of a dangerous crime you are subject to a hefty fine or a more severe sentence.

Carrying a Knife onto School Property

It’s considered a crime for any person to possess and/or carry a knife (open or concealed) onto school property if it is not being used for the sole purpose of instruction or school-sanctioned ceremonial reasons.

School property consists of:

buildings;
buses;
campus grounds;
recreation areas; and
athletic fields.

If you are found carrying a knife on school grounds, you could face a felony conviction with penalties of up to 6 years in prison and a fine of up to $3,000.

(This article taken from www.pattonandpittman.com )

Harassment And Cyberbullying

Mon, 19 May 2025 17:25:52 GMT

What to know about online harassment and the consequences

It is a crime in Tennessee for any person to harass another person by any form of communication, including email, text message, or social networking posts. The crime may escalate to a felony if the victim is under 18. And, Tennessee law directs all school districts to develop and implement a policy prohibiting cyberbullying of students with discipline for violations spelled out.

Cyberbullying as a Crime

Anyone who uses a smart phone, laptop, or other device to follow, harass, or threaten another person can be prosecuted under various Tennessee criminal laws.

Harassment

It is a misdemeanor in Tennessee for any person to transmit or send messages that "knowingly annoy or alarm" the recipient of the message. (Tenn. Code Ann. § 39-17-308.) A person engaging in such conduct is guilty of criminal harassment.

And, anyone who posts or transmits an image to another person is guilty of harassment, if:

the person posting or transmitting maliciously intends to be perceived by the victim as a threat, and
a reasonable person viewing the image would perceive it as a threat. (Tenn. Code Ann. § 39-17-308.)

So, sending an annoying or alarming text message, for example, is a form of harassment under Tennessee law

Stalking

By making repeated contact with another person without that person's consent, including contact through electronic communications or via the internet, an individual in Tennessee may be engaging in criminal stalking. (Tenn. Code Ann. § 39-17-315.) Criminal stalking is a Class A misdemeanor in Tennessee.

The crime becomes a Class E felony if the victim is under age 18 and the stalker is five or more years older than the victim. (Tenn. Code Ann. § 39-17-315.)

How is Cyberbullying Punished in Tennessee?

Harassment and stalking are Class A misdemeanor. (Tenn. Code Ann. § § 39-17-308, 39-17-315.) A person convicted of harassment may face a jail sentence of not greater than eleven months and twenty-nine (29) days, a fine not to exceed $2,500, or both. (Tenn. Code Ann. § 40-35-111.)

Under Tennessee's stalking law, if the victim was under 18 and the stalker was five or more years older than the victim, the stalker may be convicted of a Class E felony. (Tenn. Code Ann. § 39-17-315.) A person convicted of felony stalking may face a prison sentence of not less than one year and not more than six years, a fine not to exceed $3,000, or both. (Tenn. Code Ann. § 40-35-111.)

Schools

Tennessee requires all public school districts to adopt and enact anti-cyberbullying policies . (Tenn. Code Ann. § § 49-6-4503, 49-6-4504.) Cyberbullying is defined by Tennessee law as "bullying undertaken through the use of electronic devices." It includes cell phones, computers, email, text messaging, and web sites. (Tenn. Code Ann. § 49-6-4502.)

The policies must:

define cyberbullying, harassment, intimidation, and bullying
prohibit cyberbullying, harassment, intimidation, and bullying of students
state the consequences to anyone who engages in prohibited conduct
set forth the reporting procedure to be used by anyone experiencing or witnessing prohibited conduct, including anonymous reporting
prohibit retaliation against anyone who reports prohibited conduct, and
describe the investigation that the district will conduct following reports.

(Tenn. Code Ann. § 49-6-4503.)

In addition, the Tennessee law requires district policies to include a "procedure for discouraging and reporting conduct aimed at defining a student in a sexual manner or conduct impugning the character of a student based on allegations of sexual promiscuity." This provision is aimed at protecting students from damage to their reputations from rumors or allegations of sexual promiscuity.

The law also requires districts to provide annual training on the policy to teachers and administrators, as well as to notify students and parents of the policy.

Immunity from Lawsuits

A school employee who promptly reports an act of cyberbullying, harassment, intimidation, or bullying in compliance with the district policy cannot be sued for damages for failure to remedy the prohibited conduct. (Tenn. Code Ann. § 49-6-4505.)

(This article taken from www.criminaldefenselawyer.com )

What Is Intent To Distribute?

Thu, 15 May 2025 17:18:33 GMT

Three ways that police officers and prosecutors establish the intent to distribute

Many people caught with drugs will face possession charges. However, it is sometimes possible for the police or state prosecutors to turn a straightforward possession case into a case of possession with intent to distribute.

Defendant in such cases face serious consequences. How do the police establish the intent to distribute a drug?

Types of drugs

People caught with drugs typically claim they are for personal use, but the quantity of drugs might make police or prosecutors question that assertion. When someone has dozens of pills or more than a few grams of a drug, it might appear the person intends to distribute the drugs.

Having numerous types of drugs could cause the same suspicion. Many recreational drug users only abuse one or two substances; if police catch someone with multiple types of drugs, they might believe an intent to distribute exists.

Socialization

Do you frequently have visitors to your house? Do you talk about your side hustle on Facebook or sell personal items online? The traffic in and out of your residence and your digital interactions with other people could make you look like a drug dealer, even if there are completely innocent explanations for the behaviors.

Police may surveil your residence or subpoena your phone records to show that you frequently interact with people you do not know.

Other items in your possession

Scales used to weigh drugs or packaging for individual drug purchases might leave people to suspect drug trafficking rather than personal use. Innocent items you have in your house, like sandwich bags or postage scales, might make police officers suspect you of drug dealing.

(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

Verbal Threats And Legal Consequences

Mon, 12 May 2025 18:13:25 GMT

How verbal threats can lead to a physical assault charge

We’ve all heard the saying, “sticks and stones may break my bones, but words can never hurt me.” That’s not exactly true in Tennessee. Sometimes, words can hurt you – legally. While verbal assault may sound like a misnomer, the state of Tennessee considers it a crime if words are used to threaten bodily harm or imply an act of violence against another person. You may find yourself in hot water even if you don’t follow through on the threat!

According to the Tennessee Code (Tenn. Code Ann. § 39-13-101), a person commits assault who:

intentionally, knowingly or recklessly causes bodily injury to another;
intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
intentionally or knowingly causes physical contact with another, and a reasonable person would regard the contact as extremely offensive or provocative.

So, if you threaten someone to the point where they fear for their lives or bodily harm from you, then you can be charged with assault.

How Threats Can Be Used Against You

A threat could be used to prove your intentions to harm another person, thus compounding the severity of the crime. Following through on a threat can result in more severe consequences. In our technology-driven world, evidence of threatening intent has never been easier to obtain. In the past, threats, unless shouted in mixed company, were one person’s word against another’s. Now, whenever you say anything or do anything, you have to assume you are being recorded. Even if you threaten someone over the phone, you have to assume you are being recorded there as well.

Tennessee Codes § 39-13-601; § 39-13-604; and § 40-6-303 state that only one-party consent is required for an electronic recording. It further outlines the following:

“It is not unlawful for an individual who is a party to or has consent from a party of an in-person or electronic communication to record and or disclose the content of said communication unless the person is doing so for the purpose of committing a tortious or criminal act. An individual may also disclose the content of any electronic communication that is readily accessible to the general public.”

(This article taken from www.pattonandpittman.com )

Borrowing Of A Firearm

Thu, 01 May 2025 16:29:40 GMT

Can I get in trouble for borrowing a friends gun?

Facing a gun charge is a serious charge in Tennessee, and if you have a gun charge on your record, it could impact your life and the choices available to you for many years to come. If you are facing a weapons charge, you may not be aware of how serious a gun crime can be. It can derail your future and leave you with a criminal record that you’ll need to explain to employers. You shouldn’t try to fight weapons charges without a robust legal defense. Many people assume that all you need to possess a gun is a copy of the constitution, but that’s not true. Gun rights throughout the United States have stipulations that regulate the execution of the right to bear arms. Tennessee state law regulates the type of weapons open to legal possession, and the law also dictates how the weapons may be carried. If you were arrested for possession of a weapon, it’s important that you consult advice from a licensed attorney to understand what you are facing. It’s possible to mount a strong defense against weapons charges, but you shouldn’t delay.

Prohibited Weapons in Tennessee

If you aren’t facing a weapons charge, but you’re wondering if your weapon is legal, the following weapons are outlawed for citizens in Tennessee.

According to Tennessee Code 39-17-1302, Prohibited weapons:

( a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells:

(1) An explosive or an explosive weapon;

(2) A device principally designed, made or adapted for delivering or shooting an explosive weapon;

(3) A machine gun;

(4) A short-barrel rifle or shotgun;

(5) A firearm silencer;

(6) Hoax device;

(7) A switchblade knife or knuckles; or

Laws and Penalties for Gun Charges in Tennessee

All of the gun-related charges above are felonies that carry anywhere from one year in prison to up to 30 years. Gun charges are not always straightforward, and mistakes happen. It’s easy to misidentify weapons – leading to incorrect weapons charges. The prosecuting attorney has to prove that your weapon was illegal or that you weren’t allowed to be in possession of the weapon in question. So, the role of an attorney in these types of cases is invaluable. Unlawful carrying or possession of a weapon in Tennessee law applies to the unlawful possession of a firearm, club, or knife blade measuring 4 inches or more. A first offense of this crime is considered a misdemeanor. It carries a sentence of no more than 30 days in jail and a fine of no more than $500. Any subsequent violations of the same statute will be charged as a misdemeanor with an incarceration period of no more than six months. Unlawful possession charges can be elevated to a felony if the accused has been convicted of a felony or if the weapon was drawn and used in public. Possession of a gun while under the influence of alcohol is a misdemeanor crime that carries jail time of up to a year and a fine of $2500.

(This article taken from www.pattonandpittman.com )

Checkpoints For DUI

Mon, 28 Apr 2025 15:55:07 GMT

What are your rights at a DUI checkpoint?

DUI checkpoints were designed to protect drivers and pedestrians from impaired drivers. Although police officers must have probable cause to pull over a motorist, this is not necessary at a DUI checkpoint. That said, there are some requirements law enforcement must fulfill for a checkpoint to be valid.

Law enforcement must announce a DUI checkpoint about a week in advance. Generally, this information is available in newspapers, on local news stations, and on law enforcement social media channels. Moreover, valid checkpoints must be visible through signage.

Know Your Rights

If you are approaching a DUI checkpoint and wish to bypass it, you can. However, you must not disobey the rules of the road or jeopardize anyone’s safety while doing so. DUI checkpoints tend to create substantial traffic due to the random traffic stops, so no one should assume you are intoxicated simply because you want to avoid it. Of course, if your driving appears erratic, law enforcement officers may stop you as you try to turn around.

While stopped at a DUI checkpoint, an officer will ask you for your license, which you must provide. Keep in mind that driving is a privilege, so you must comply with this request. If the officer asks if you have been drinking, you are not obligated to answer. If the officer believes you are intoxicated, however, he or she may arrest you, regardless.

If the law enforcement officer asks you to perform a series of field sobriety tests, you have the right to decline this request. In many cases, when officers make this request, they are already prepared to make an arrest. Do not build up the evidence against you by complying with this request.

Additionally, every state has an implied consent law, which means you must submit to a blood test or a chemical test. Noncompliance will result in serious consequences.

Criminal Conviction Appeal

Thu, 24 Apr 2025 16:37:32 GMT

What to expect when appealing a criminal conviction

There are a host of reasons why someone may be wrongly convicted.

Regardless of the criminal offense they were accused of committing, many different factors can play a role in an unjust conviction or unfair ruling. These can include:

Insufficient evidence
A mistake during sentencing
Misconduct of prosecutors
Exclusion of evidence
Improper jury instructions

Those who are struggling with the consequences of such a ruling may want to appeal the case. However, it is imperative to approach the criminal appeals process correctly.

A proactive approach to protecting rights

Failing to take the proper approach to appeal a case can be a costly and time-consuming error. The appeals process can be complicated and very stressful, which is why it is so pivotal for those who wish to appeal their case to be fully prepared for what lies ahead. A thorough investigation into what went wrong should be conducted.

In many instances, the appeals process can last for months or longer. Sometimes, appeals are denied, but even then, there may be additional options available.

Regrettably, many people have suffered as a result of unfairness during their trial, whether they had to deal with a judge who did not treat their case properly or some other serious problem.

(This article taken from www.levittandlevittlaw.com )

Potential Bar Fight Consequences

Thu, 17 Apr 2025 17:19:34 GMT

What are the potential legal ramifications of getting into a bar fight?

4 Types of Criminal Charges You Could Face From a Bar Fight

If you are involved in a bar fight, you could face any of the following charges:

Assault: Assault is often found together with battery, but they are separate charges. Assault and battery are not interchangeable. Causing another person to fear bodily harm can result in assault charges. Assault is threatening bodily harm and attempting violence towards another person.

Battery: Unlike assault, battery happens when force is actually used to harm another person. If the injury isn’t serious, it is typically reflected in the punishment. However, if for example, a bar fight leads in serious harm to another person, you could face felony battery charges.

Disturbing the Peace: Considered by most to be a minor offense, disturbing the peace is a misdemeanor offense that carries up to 90 days in jail and a fine of $400 or less. Disturbing the peace doesn’t mean there was a physical fight. It can also be the result of shouting insult and using provocative language to incite a fight.

Manslaughter: Accidentally taking the life of another person is considered involuntary manslaughter. A heat of the moment and accidental death, like if one happened to die in a bar fight. Whether a manslaughter charge is categorized as voluntary or involuntary, it will carry jail time.

Legal Implications Of Verbal Threats

Tue, 15 Apr 2025 17:52:47 GMT

How verbal threats can lead to a physical assault charge

According to the Tennessee Code (Tenn. Code Ann. § 39-13-101), a person commits assault who:

intentionally, knowingly or recklessly causes bodily injury to another;
intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
intentionally or knowingly causes physical contact with another, and a reasonable person would regard the contact as extremely offensive or provocative.

So, if you threaten someone to the point where they fear for their lives or bodily harm from you, then you can be charged with assault.

How Threats Can Be Used Against You

Tennessee Codes § 39-13-601; § 39-13-604; and § 40-6-303 state that only one-party consent is required for an electronic recording. It further outlines the following:

(This article taken from www.pattonandpittman.com )

Driving With A Firearm

Thu, 10 Apr 2025 17:12:01 GMT

What to do if pulled over with a gun in the car

The story has played out in the past. A man is pulled over and tells the officer that he has a gun in the car, but he is permitted to carry. The situation escalates as the officer reacts and now someone is in jail, injured or killed because someone failed to handle the situation properly. As a driver in Tennessee, how do you properly inform a police officer of the presence of a firearm during a traffic stop?

Remain calm and cooperative

Everyone understands that when police approach a vehicle, they don’t know what to expect from the driver. Police act with vigilance to protect themselves and the general public, which is why the presence of a handgun or rifle, even if you are permitted to carry, is alarming to an officer.

If a weapon is concealed, the officer may be unaware of its presence until you inform him or her of it. Acting calmly and cooperatively in this situation is vital to ensuring the safety of both yourself and the officer.

Tennessee law requires disclosure of permit at the request of an officer

According to Beretta, an Italian firearms manufacturer, drivers who conceal and carry weapons should take the following steps:

Keep your hands on the steering wheel at all times
Turn on the vehicle’s dome light if it is dark outside
Only reach for items like your driver’s license when instructed by the officer
Inform the officer you are carrying if your movement will reveal a weapon, such as one located in the glove box or at the hip.
Ask the officer how he or she would like you to proceed.
Produce driver’s license, vehicle registration and permit to carry as required by state law at the instruction of the officer.

Drivers who fail to use caution in this situation or do not have their firearm permit available risk administrative penalties, criminal charges or the escalation of the use of force by an officer.

Understanding how to conduct yourself if you are carrying a firearm during a traffic stop can help protect yourself, public safety and our greater Constitutional rights to bear arms and protections from unreasonable search and seizure.

(This article taken from www.levittandlevittlaw.com )

Some Tests For Intoxicated Driving

Thu, 27 Mar 2025 17:08:35 GMT

Different ways that officers test drivers for intoxicated driving in Tennessee

Imagine a police officer in Tennessee suspects you are driving while intoxicated. After you step out of your vehicle, the officer will likely instruct you to perform three roadside tests.

Knowing what to expect during these exams may help you perform them better.

Walk-and-turn test

This test involves taking nine steps in a straight line. Feet must touch at the end of each step. Once you reach the ninth step, turn around and make nine more steps in the opposite direction.

Your arrest is possible if you stumble or your heels and toes do not connect. Officers also look for miscounting and using arms for balance.

One-legged stand test

For this evaluation, you must stand on one leg. While in this position, count out loud until you reach a specified number.

Law enforcement will look for any swaying or loss of balance. Skipping numbers and both feet touching the ground are other indications of inebriation.

Horizontal-gaze test

When you are drunk, your eyes may jerk without your knowing. An officer will look for these automatic movements while you follow a pen or finger from one side to the other. Your head needs to remain still. The inability to stay rigid raises officer suspicion.

Alternative tests

There are other tests not approved by the National Highway Traffic Safety Administration. You may have to count backward, speak the alphabet or touch your nose with your finger. The NHTSA also sets standards for alcohol measurement devices that all officers use.

Getting pulled over for suspicion of drunk driving is a tenuous situation. Follow the instructions and tests that a representative of the law asks you to perform.

(This article taken from www.levittandlevittlaw.com )

Searching A Glove Box

Mon, 24 Mar 2025 15:40:16 GMT

Can the police search your glove box?

Another part of your vehicle may be off limits from a police search. A ruling by the Ninth Circuit US Court of Appeals determined that a police officer can’t search the glove compartment to find information readily available elsewhere—such as registration.

Michael Curtis Painter was outside of his vehicle after a police chase and crash in Spokane, Washington. After his arrest, an officer opened the glove box in search of registration, finding a handgun inside. Painter isn’t allowed to carry a gun, leading to another criminal charge. The officer needed registration for the accident report, but the court ruled they could have got that information without searching the vehicle because the VIN number can be read from outside of the car and then looked up on a computer.

There are two important criminal defense matters in the story: gun rights and search and seizure.

Gun rights and convictions

This case takes place in Washington state, but we have similar rules here in Tennessee, where convicted felons can't carry firearms. Regardless if you want a gun for hunting, sport or personal protection, you lose those rights after certain convictions. Felonies that are expunged, pardoned or involve less than one year of prison time don’t fall under this restriction, which is why criminal defense can influence not just your current situation, but also what happens later in life.

Illegal search and seizure

The US Fourth Amendment protects Americans from unreasonable searches. “Unreasonable” is a continually evolving definition as technology advances. In this case, the Ninth Circuit ruled that officers can easily get the information they needed (a vehicle’s registration) without opening the glove box. Thus, a search inside the vehicle was unnecessary and unconstitutional. The charges of resisting arrest still stand, but the additional gun charges were dismissed.

An experienced criminal defense attorney will review all aspects of your case, from probable cause and search and seizure to the arrest itself. Defense requires a strong knowledge of the law, not just to review your case, but also to determine the proper charges and to fight for your future rights.

(This article taken from www.levittandlevittlaw.com )

What Are Possible DUI Defenses?

Thu, 20 Mar 2025 16:50:21 GMT

There are some defenses that may help fight a DUI charge in court

A conviction from DUI charges is a serious matter that can greatly impact your life and how you live it. A conviction can cost you your job or future employment, your license, or your freedom. Despite what is at stake in these charges, not many people know how to defend themselves against these charges.

Each year, police arrest more than 1.5 million people for driving while under the influence of drugs or alcohol. Because of how common these arrests are, it is important for drivers to know what their options might be.

Improper traffic stops

Police officers need to follow the law during a traffic stop, including having a reasonable suspicion of probable cause to conduct the stop in the first place. If the police pull you over without having a valid reason, an experienced attorney may be able to get a court to dismiss the charges.

Improper testing

Police rely on sobriety tests and breath tests to verify a driver’s sobriety, and the results can be a vital piece of evidence during a trial. If the arresting officer failed to perform a test properly, or if their testing equipment was malfunctioning, they may not be able to prove you were under the intoxication of drugs or alcohol at the time of the arrest.

Duress

If someone forces a drunk person to drive under the threat of injury or death, that action may count as duress. A drunk driver who can prove that they were driving under duress may be able to avoid any charges for the crime since someone else forced them to commit it.

Unavoidable

A driver may be able to avoid a DUI conviction if they can prove that their driving while intoxicated was a matter of life or death. For example, if the driver was at a party, and someone needed a quick ride to the hospital, and the driver was the most capable of driving, there may ground for a strong defense.

Do not give up

If you are facing DUI charges, you may be able to defend yourself from a conviction. Consult with an attorney right away about your charges’ circumstances and what you can do to beat them.

(This article was taken from www.levittandlevittlaw.com )

Assault Or Battery? Know The Difference

Mon, 17 Mar 2025 16:06:00 GMT

Was it assault or was it battery and why it matters

Assault and battery are the two most common crimes people are charged with whenever there is a physical altercation between individuals. While the phrase “assault and battery” is commonly used to reference a single crime or category of crimes, they are actually two separate and distinct charges.

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.

What Is Shoplifting In TN?

Thu, 13 Mar 2025 16:23:43 GMT

Do you know what is considered shoplifting in Tennessee?

Tennessee, like most states, has specific laws in place regarding different kinds of theft. People can face criminal charges for everything from armed robbery to embezzlement. One form of theft that people tend to think of as not a big deal is shoplifting.

However, shoplifting is a serious criminal allegation that can have long-term consequences. Adults accused of shoplifting could face fines and potential jail time depending on the value of the items involved. Teenagers accused of shoplifting could also face criminal consequences. Their parents could have financial liability for the value of the items involved in the shoplifting offense.

Whether you face a shoplifting charge or your child does, developing a defense strategy is an important way to reduce the likelihood of long-term consequences from what was likely an impulsive or misunderstood act.

Shoplifting charges don’t just result from theft

One of the most common misconceptions about shoplifting is that it only occurs if you leave the store with unpaid merchandise. However, a merchant who catches you in the act of hiding, altering or otherwise manipulating products with the intention of not paying their full retail price could bring shoplifting charges against you.

Examples of situations where someone does not leave the store but still winds up charged with a crime could include:

Replacing a price tag on one item with a tag from another
Altering a price tag to change how it rings up
Putting items inside another item
Intentionally hiding an unpaid item in a purse, backpack, coat or pocket
Moving an item into a different container or packaging
Intentionally manipulating a cash register or similar device

You don’t even have to leave the store for loss prevention or security officers to stop you and charge you with a crime if they suspect these activities. A mistake on their part could result in serious criminal consequences for you or someone you love.

Treat all shoplifting allegations like a serious potential issue

Shoplifting isn’t just a minor issue that results in a slap on the wrist and an obligation to pay the retailer. It is a serious theft charge with real consequences. You or your child could find yourselves dealing with a permanent criminal record as the result of a simple mistake. There is also the potential for jail time and fines if the value of the items is high enough.

Working with a Tennessee criminal defense attorney could help you avoid charges or aid you in defending against them if you are not able to negotiate a solution outside of court. The sooner you sit down to talk about the situation with a defense attorney, the more time you will have to prepare a defense strategy.

(This article taken from www.levittandlevittlaw.com )

Suspended License Risks

Mon, 10 Mar 2025 15:48:10 GMT

Driving on a suspended license and its consequences in Tennessee

In Tennessee, your driver's license may be suspended or revoked for many reasons. If you drive while your license is suspended or revoked, you could be charged with a misdemeanor. Jail time, fines and other penalties may result.

Reasons for Suspension or Revocation

Your license may be subject to mandatory revocation for certain convictions. For example, your license may be revoked if you are convicted of:

manslaughter, if it was the result of your driving
driving under the influence of an intoxicant
a felony, if a vehicle was used to commit it
failing to stop if you were involved in an accident that killed or injured someone
two convictions for reckless driving within 12 months
possessing five or more grams of meth while driving a vehicle, or
Vehicle theft. (Tenn. Code. § 55-50-501(a)(c).)

A license may also be revoked if you fail to pay a judgment for damages resulting from negligently driving a vehicle. (Tenn. Code. § 55-50-501(b).)

Your license may be suspended for certain alcohol offenses, including driving under the influence. (Tenn. Code. § 55-10-406.) You may be eligible for a restricted license to drive to work. (Tenn. Code. § 55-50-502(c)(3).)

Your license may also be suspended if you:

have been convicted frequently enough of serious traffic offenses that the state believes you disrespect traffic laws and disregard the safety of others

are habitually reckless or negligent when you drive
are incompetent to drive
fail to appear in court for certain traffic violations
drop out of school if you are under 18. (Tenn. Code. § 55-50-502(a)(1).)

Reinstating Your License

The period of time your license is under suspension or revocation may vary. You should not drive while your driving privileges are withdrawn. After your suspension or revocation period expires, you may be required to pay a reinstatement fee, pay other fees, and fulfill other conditions before your license is reinstated.

Criminal Charges for Driving on a Suspended or Revoked License

You may be charged with a Class B or Class A misdemeanor if you drive while your license is suspended or revoked.

You may be charged with a Class B misdemeanor for a first offense. In general, the maximum penalty for a Class B misdemeanor is:

six months in jail, and
a $500 fine.

You may have a minimum sentence if your license was suspended or revoked due to certain offenses, including vehicular assault, vehicular homicide, and certain alcohol offenses. Your sentence may involve:

between two days and six months in jail, and
a maximum $1,000 fine.

For a second or subsequent offense within 10 years, you may be charged with a Class A misdemeanor. The maximum punishment for a Class A misdemeanor may involve:

up to 11 months, 29 days in jail, and
a maximum $2,500 fine.

between 45 days and 1 year in jail, and
a maximum $3,000 fine.

If you drive a vehicle without an ignition interlock device when you are required to have one, you may be charged with a Class B misdemeanor. Your sentence may involve:

between seven days and six months in jail, and
a fine up to $1,000.

In addition, a conviction for driving with a suspended or revoked license may come with an additional $15 fine.

Legal Help for Charges of Driving on a Suspended or Revoked License

A conviction for driving on a suspended or revoked license may come fines and even jail time. These are serious consequences that may cause problems with work or school, with insurance, and with other areas of your life. While Tennessee law provides specific penalties for a conviction, your sentence may depend on the view that your community, prosecutors and judges have of the crime. An attorney who is familiar with how these charges are handled in your area is best able to provide you with information about your individual case.

(This article is taken from www.criminaldefenselawyer.com )

What Is The Difference Between Assault And Battery

Thu, 06 Mar 2025 17:57:19 GMT

Was it assault or was it battery and why it matters

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

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

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

Defining Domestic Violence

Thu, 27 Feb 2025 17:07:00 GMT

What constitutes as domestic violence in Tennessee

The occurrence of domestic violence is, unfortunately, a common issue across the United States and in Tennessee. Many victims of domestic violence suffer for a prolonged period because they feel trapped in their situation and are fearful about reporting the incidents to the police.

While domestic violence is a serious issue, it is also common for domestic violence to be falsely reported, or misreported, just like other criminal accusations. If you have been accused of domestic violence but you believe that you are innocent and you want to defend yourself, you must take the time to understand the law.

The Definition Of Domestic Violence

Domestic violence can take many different forms. Contrary to popular belief, the abuse in question does not need to be physical for it to count as domestic violence under the law. Domestic violence is defined as a pattern of abusive behavior in any form of domestic relationship. The following are the possible types of abuse that could constitute an incident of domestic violence.

Physical Abuse

Physical abuse in any relationship is never acceptable. If a person hits, punches or perpetrates any type of physical violence against someone that they live with or are in a relationship with, this counts as domestic violence. A common defense against an accusation of physical abuse is self-defense.

Sexual Abuse

Sexual activity must always be consensual, regardless of whether the two people are married or not. If a person tries to force or coerce another into any form of sexual relations, it can count as a form of domestic violence.

Emotional Or Psychological Abuse

Domestic violence often involves a combination of emotional and physical abuse, but emotional abuse alone is enough for it to constitute an act of domestic violence. If a person tries to cause fear in another person, tries to damage their self-esteem or somehow alter their perspective on themselves or the way they are thought of by others, it can count as emotional or psychological abuse.

Being found guilty of domestic violence in Tennessee can negatively affect every aspect of your life. If you have been accused of this crime and you believe that you are innocent, it is important that you take swift action to defend yourself.

(This article taken from www.houstonalexander.com)

TN Protesting

Mon, 24 Feb 2025 16:14:32 GMT

What to know about the laws surrounding protesting in Tennessee

The rights to assemble and protest are among one of the most protected groups of rights in the American legal system. And while the government is not allowed to infringe upon these rights, it is very important for any and all citizens to be aware of the restrictions the government is allowed to put on these activities. It is always very helpful to understand the ways in which the state of Tennessee requires protesting to occur, and the charges you might be facing as a result of civil disobedience.

Where Am I Allowed to Protest?

All of your Constitutional rights apply only to the actions of the government. This means that your 1st amendment rights to assembly and protest do not apply to private property, such as businesses or residences, and the owner’s of that property have total control within the law over who is allowed to be there. While some private property owners may welcome and encourage protesting activities, you are not guaranteed any right to be there under the Constitution.

And while you are generally allowed access to property owned and operated by the government, there are certain types of property you can not access in the interests of safety and security. The public areas where protestors tend to and are legally allowed to gather are public parks, sidewalks, and streets.

How am I Allowed to Protest?

While the Constitution protects your basic rights of assembly and protest, state, city, and county governments are allowed to regulate the manner in which these activities happen. In general, groups of protesters are not allowed to block the normal flows of pedestrian or vehicle traffic in the areas that they are operating. And depending on local regulations, you might have to adhere to policies like the operating hours of a public park, or the requirement of a permit to gather in a park or march in the streets. It is always best to research your local county and city ordinances to find out what specific regulations need to be met in order to hold a legal protest. Due to the nature of protesting, governments often use their discretion to vary the leniency with which they enforce or respond to the violation of these usual regulations, like allowing a march to occur through popular streets without organizers having obtained a required permit, but those regulations that are outlined in state code or local ordinances can always be legally enforced.

What Can I Be Arrested For?

Some of the more frequent charges issued against individuals arrested while protesting include state laws prohibiting disorderly conduct, failure to obey, and resisting arrest. Read below the details of each law according to the Tennessee State Code, in order to understand what sort of behavior is legally allowed, as well as the punishment for breaking these specific laws.

Disorderly Conduct

TCA § 39-17-305:

(a) A person commits an offense who, in a public place and with intent to cause public annoyance or alarm:

(1) Engages in fighting or in violent or threatening behavior;

(2) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or other emergency; or

(3) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.

(b) A person also violates this section who makes unreasonable noise that prevents others from carrying on lawful activities.

Failure To Obey

TCA § 55-8-104:

(a) No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control or regulate traffic. (b) A violation of this section is a Class C misdemeanor.

Resisting Arrest

TCA § 39-16-602:

(a) It is an offense for a person to intentionally prevent or obstruct anyone known to the person to be a law enforcement officer, or anyone acting in a law enforcement officer's presence and at the officer's direction, from effecting a stop, frisk, halt, arrest or search of any person, including the defendant, by using force against the law enforcement officer or another.

(b) Except as provided in § 39-11-611, it is no defense to prosecution under this section that the stop, frisk, halt, arrest or search was unlawful.

(c) It is an offense for a person to intentionally prevent or obstruct an officer of the state or any other person known to be a civil process server in serving, or attempting to serve or execute, any legal writ or process.

(d) A violation of this section is a Class B misdemeanor unless the defendant uses a deadly weapon to resist the stop, frisk, halt, arrest, search or process server, in which event the violation is a Class A misdemeanor.

(This article is taken from www.bestlawhb.com )

Suspicion Of Drunk Driving

Thu, 20 Feb 2025 16:44:24 GMT

The steps you should take if you are suspected of driving under the influence

Even if you understand the seriousness of drinking and driving, there may come a day when you let your good time get the best of you. Rather than control your drinking or call for a ride, you jump behind the wheel and assume you are “sober enough” to reach your destination.

This is what you should do if you are pulled over:

Move to safety as soon as possible: This is not a time to continue driving as if nothing is happening. The officer wants you to immediately move to the side of the road. By putting on your hazard lights, you acknowledge to the officer that you see him or her.
Wait where you are: Do not get out of your vehicle, take off your seat belt or start grabbing for your license and registration. Put your hands on the steering wheel, wait for the officer to arrive and then follow his or her instructions.
Be polite: You do not have to go overboard, but it is critical that you remain respectful and polite as you are discussing the situation with the officer. If you become aggressive or condescending to the officer, it will raise suspicions and all but guarantee that you will find yourself in trouble.
Do not say too much: If you are asked a potentially incriminating question, think about how much information you will share. It is best to keep your answers short and to the point. Saying too much could result in your arrest. Remember, you always have the right to remain silent.
Stay calm if the officer puts you under arrest: This is the last thing you want to happen, but it is a possibility if you have been drinking. Stay calm, do not say anything the officer could use against you in court, and follow instructions.

If you take these steps after being pulled over for suspicion of drinking and driving, you improve your chances of avoiding an arrest or conviction.

(This article taken from www.levittandlevittlaw.com )

Tennessee Gun Laws

Mon, 17 Feb 2025 16:57:49 GMT

What a gun charge can mean for you in Tennessee

If you are found guilty of a gun charge in the state of Tennessee, you could lose your hunting license. There are other far-reaching implications that a conviction on gun charges can bring to your life. This is why it is so important that you understand the intricacies of the law when it comes to owning a gun here in Tennessee. This holds true regardless of whether you are a resident gun owner, a visitor or simply traveling through the state.

Tennessee is considered to be a gun-friendly state in comparison with other states across the country. However, safety is a top priority, and this is reflected in many of the state’s gun policies.

Owning and carrying weapons in Tennessee

There is no requirement to be approved before buying a gun in the state of Tennessee, and the gun does not need to be registered. However, in order to conceal and carry the weapon, you must apply for a CCW permit. This application will be evaluated by the state Department of Safety. It is only possible for residents of the state of Tennessee and out-of-state citizens that have regular employment in Tennessee to attain a CCW permit.

Legally carrying your gun in public places

Here in Tennessee, you can carry your concealed weapon in state parks, within your vehicle and in public places in general. However, it is not legal to carry guns when in playgrounds, schools or school buses, business meetings, airports or when under the influence of alcohol or drugs. You should never carry a gun into a building that displays a “no weapons” sign.

Weapons in your vehicle

You are permitted to carry a weapon anywhere in your vehicle as long as it is not on your person. If a police officer asks you to pull over, you are not legally obligated to inform him or her of the weapon in your vehicle.

If you have been accused of violating gun control laws in the state of Tennessee, it is important that you take action in order to defend yourself. A guilty charge could restrict your rights and bring many unwelcome complications.

(This article taken from www.levittandlevittlaw.com )

Implied Consent- What You Should Know

Thu, 13 Feb 2025 16:29:26 GMT

Refusal to take a blood alcohol test and what that means

If a Tennessee police officer suspects that you are driving while impaired, the officer may ask you to submit to a breath-alcohol test. While you are not obligated to comply with the request, there can be negative consequences for failing to do so. Let’s take a closer look at what those consequences could be.

You could lose your license for at least a year

Tennessee law says that those who violate the state’s implied consent laws for the first time will lose their license for a year. The penalty increases to two years if you violate the implied consent law for a second time.

Penalties increase if you caused a crash while impaired

Failing to submit to a blood alcohol test after causing an accident that results in bodily injury can lead to a license revocation of at least two years. The revocation can be extended to five years if you refuse to take a chemical test after causing an accident that led to someone’s death.

You may be eligible for a restricted license

A restricted license allows you to drive to work, school or other limited destinations during a portion of the revocation period. An attorney can provide more information about how to potentially restore your driving privileges.

What happens if you aren’t convicted of impaired driving?

Refusing to take a chemical test might be an effective way to avoid a drunk driving conviction. However, the license revocation will likely stand regardless of the result of your criminal case. It’s also important to remember that a refusal to be tested can be used as evidence of guilt at trial.

If you are convicted of DUI, you may face penalties such as jail time, a fine or license revocation. These penalties may be added to those imposed for violating implied consent laws. An experienced attorney may be able to help you avoid these penalties.

(This article taken from www.levittandlevittlaw.com )

Possible Defense To A DUI Charge

Mon, 10 Feb 2025 17:50:01 GMT

There are some defenses that may help fight a DUI charge in court

Improper traffic stops

Improper testing

Duress

Unavoidable

Do not give up

If you are facing DUI charges, you may be able to defend yourself from a conviction. Consult with an attorney right away about your charges’ circumstances and what you can do to beat them.

(This article was taken from www.levittandlevittlaw.com )

Car Searches And Police

Thu, 06 Feb 2025 17:46:45 GMT

Are police allowed to search my vehicle?

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/ )

What Can Be Done To Reduce Prison Time?

Mon, 03 Feb 2025 16:49:35 GMT

10 Ways To Reduce A Federal Prison Sentence

If you are being sentenced in federal court, the judge will determine the recommended sentencing range under the United States Sentencing Guidelines. Even after this is done, and assuming there is no mandatory minimum sentence requirement, there are still a number of ways to get a sentence below the recommended range. A federal criminal defense attorney can argue for a variety of downward departures set forth in the sentencing guidelines, each of which can significantly affect the length of the prison sentence ultimately imposed. It is important to note that these arguments must be made at the time of sentencing! After that, it is usually too late. There are also several programs that administered by the Bureau of Prisons that can reduce the amount of time you are actually required to serve on a sentence already imposed. Some of the most common reasons for a downward departure are:

Fast Track: This is a downward departure that is commonly included in many plea agreements. The departure is based on the idea that, by pleading guilty in an expeditious manner, you are relieving the government of the need to litigate the case. This saves the government time and resources, which is important in a border district with one of the highest caseloads in the country.

Criminal History: Downward departures based on the over-representation of your criminal history may be appropriate when you have older prior convictions or your prior convictions are not as serious as your criminal history category would suggest. This kind of downward departure could allow you to be sentenced based on a lower criminal history category than the one within which you technically fall.

Aberrant Behavior: This downward departure is appropriate if you have committed only a single criminal act of limited duration that was committed without significant planning and “represents a marked deviation by the defendant from an otherwise law-abiding life.” Of course, to be eligible for this departure you must fall within the lowest criminal history category. This departure is also not available for certain types of offenses, including serious drug offenses and offenses involving serious injury, death, or the use of a firearm.

Substantial Assistance to the Government: This type of departure can occur either before or after sentencing if you provide the government with information or some other service that substantially assists the government in an investigation (just remember, it’s usually not a good idea to get involved in something like this without the assistance of an attorney). This departure generally requires a motion from the government stating that such assistance has occurred.

Diminished Capacity: A downward departure may be appropriate if you committed an offense while suffering from a significantly reduced mental capacity and this reduced mental capacity substantially contributed to the commission of the offense. However, you cannot argue for a diminished capacity departure when the reason for your reduced mental capacity was your voluntary use of drugs or alcohol.

Coercion and Duress: If you committed an offense because of serious coercion or duress, you may have a legitimate defense at trial. This is a very difficult defense to assert, however, because it is often difficult to prove — you must show that you had a reasonable fear that immediate, serious bodily harm or death would occur if you did not commit the offense. If the circumstances of your coercion or duress do not amount to a complete defense, they may still be enough for a downward departure.

General Mitigation: A federal court can depart downward from the applicable guideline range for any mitigating circumstance that has not been adequately taken into consideration by the sentencing guidelines. These circumstances can include virtually any reason why the crime was not as serious as the guideline range reflects or why the history or characteristics of the defendant were such that a sentence below the guideline range is appropriate. The only cases in which a downward departure for general mitigation is not available are child crimes and sexual offenses.

There are also several common programs that can result in a reduced sentence after a defendant has been sentenced. These programs and their corresponding sentence reductions are administered by the Bureau of Prisons (BOP). The most common of these are:

500 Hour Residential Drug Treatment Program: If eligible, your prison sentence can be reduced by up to 12 months by completing the 500-hour Residential Drug Abuse Treatment Program (RDAP). The actual reduction depends on how much time you have left on your sentence by the time the program is completed (there’s always a waiting list for entry into the program). The average reduction is about 8 months. It is best to get the sentencing judge to recommend you for this program at the time of sentencing. There are some strict eligibility requirements to get a sentence reduction as a result of completing the program: (1) you must not have a conviction for a violent offense (any offense that involved the actual, attempted, or threatened use of physical force or a serious potential risk of physical force), a firearms or explosive device offense, or an offense involving homicide, forcible rape, robbery, aggravated assault, arson, kidnapping, or sexual abuse of a minor; (2) you must have a verifiable substance abuse problem and desire treatment; (3) you must be a citizen of the United States; (4) you must have at least 24 months remaining on your prison sentence; and (5) you must not have already received a RDAP sentence reduction in the past.

Good Conduct Time Credit: Most inmates can receive this credit for exemplary compliance with institutional disciplinary regulations, although convictions for certain offenses can prohibit an inmate from receiving this credit. The reduction in time can be as much as 54 days per year served.

Transfer to Residential Re-entry Centers (Halfway Houses): The BOP often transfers inmates to residential re-entry centers, and sometimes even home detention, near the end of their prison sentences. This is done to assist in their reintegration into society. An inmate can spend up to 12 months of their sentence in a residential re-entry center, but the average is about 4 months.

There are numerous arguments that can be made for a sentence below the recommended guideline range — many more than are listed above. The availability of various departures and variances depends on the specific facts of a particular case.

Implied Consent?

Thu, 30 Jan 2025 17:32:02 GMT

Refusal to take a blood alcohol test and what that means

You could lose your license for at least a year

Penalties increase if you caused a crash while impaired

You may be eligible for a restricted license

What happens if you aren’t convicted of impaired driving?

(This article taken from www.levittandlevittlaw.com )

Exercising Your Miranda Rights

Mon, 27 Jan 2025 16:18:09 GMT

When should you waive your Miranda Rights?

Question: When should I waive my Miranda Rights in Tennessee and speak with police about a criminal case?

Answer: Never.

If police want to ask you questions, tell the police that you want a lawyer with you. Do not speak to law enforcement or answer any questions without your lawyer present.

Though I could write more extensively on this subject, that just about covers it.

Driving And Carrying A Firearm

Thu, 23 Jan 2025 16:16:33 GMT

What to do if pulled over with a gun in the car

Remain calm and cooperative

Tennessee law requires disclosure of permit at the request of an officer

According to Beretta, an Italian firearms manufacturer, drivers who conceal and carry weapons should take the following steps:

Keep your hands on the steering wheel at all times
Turn on the vehicle’s dome light if it is dark outside
Only reach for items like your driver’s license when instructed by the officer
Inform the officer you are carrying if your movement will reveal a weapon, such as one located in the glove box or at the hip.
Ask the officer how he or she would like you to proceed.
Produce driver’s license, vehicle registration and permit to carry as required by state law at the instruction of the officer.

Drivers who fail to use caution in this situation or do not have their firearm permit available risk administrative penalties, criminal charges or the escalation of the use of force by an officer.

(This article taken from www.levittandlevittlaw.com )

Driving And Prescription Drugs

Mon, 20 Jan 2025 15:57:44 GMT

The danger of driving while using prescription drugs

Here is the scenario: you were not drinking, but police pulled you over and arrested you for DUI. Your doctor prescribed a new drug last week and, like a good patient, you took it. You did not realize you should not be driving while on your new prescription.

Should you drive while on your prescription?

While many people assume their doctor or health care provider will tell them if it is safe to drive while using their prescription, that is not always the case.

It is best to make sure you ask, even if they do not bring it up. You can do so by checking the warning labels on your prescription or by asking your doctor or pharmacist. You should also be aware of side effects that can have an impact on your ability to drive, including:

Drowsiness
Blurred vision
Slower movement or reaction times
Dizziness
Fainting
Lack of focus
Nausea
Excitability or irritability

If these are potential side effects of your prescription or if you are experiencing these side effects, you should not drive until you talk to your health care provider. Driving on prescription drugs can lead to legal consequences.

Tennessee and Georgia laws

Both Tennessee and Georgia have laws that prohibit anyone from driving or being in control of a vehicle while under the influence of any intoxicants, including a controlled substance like a prescription drug. Consequences for a DUI often depend on your level of influence or intoxication and how many past DUI charges you have had. You can be facing fines, loss of your license and even jail time.

Even though you may not have known how your prescription would affect your driving abilities, you can still be charged with a DUI. Be careful.

(This article taken from www.levittandlevittlaw.com )

The Risk Of Driving On A Suspended License

Thu, 16 Jan 2025 17:54:36 GMT

Driving on a suspended license and its consequences in Tennessee

Reasons for Suspension or Revocation

Your license may be subject to mandatory revocation for certain convictions. For example, your license may be revoked if you are convicted of:

manslaughter, if it was the result of your driving
driving under the influence of an intoxicant
a felony, if a vehicle was used to commit it
failing to stop if you were involved in an accident that killed or injured someone
two convictions for reckless driving within 12 months
possessing five or more grams of meth while driving a vehicle, or
Vehicle theft. (Tenn. Code. § 55-50-501(a)(c).)

A license may also be revoked if you fail to pay a judgment for damages resulting from negligently driving a vehicle. (Tenn. Code. § 55-50-501(b).)

Your license may also be suspended if you:

have been convicted frequently enough of serious traffic offenses that the state believes you disrespect traffic laws and disregard the safety of others

are habitually reckless or negligent when you drive
are incompetent to drive
fail to appear in court for certain traffic violations
drop out of school if you are under 18. (Tenn. Code. § 55-50-502(a)(1).)

Reinstating Your License

Criminal Charges for Driving on a Suspended or Revoked License

You may be charged with a Class B or Class A misdemeanor if you drive while your license is suspended or revoked.

You may be charged with a Class B misdemeanor for a first offense. In general, the maximum penalty for a Class B misdemeanor is:

six months in jail, and
a $500 fine.

between two days and six months in jail, and
a maximum $1,000 fine.

For a second or subsequent offense within 10 years, you may be charged with a Class A misdemeanor. The maximum punishment for a Class A misdemeanor may involve:

up to 11 months, 29 days in jail, and
a maximum $2,500 fine.

between 45 days and 1 year in jail, and
a maximum $3,000 fine.

If you drive a vehicle without an ignition interlock device when you are required to have one, you may be charged with a Class B misdemeanor. Your sentence may involve:

between seven days and six months in jail, and
a fine up to $1,000.

In addition, a conviction for driving with a suspended or revoked license may come with an additional $15 fine.

Legal Help for Charges of Driving on a Suspended or Revoked License

(This article is taken from www.criminaldefenselawyer.com )

Domestic Violence Consequences In TN

Fri, 03 Jan 2025 16:24:13 GMT

Tennessee domestic violence charges have a ripple effect

When Chattanooga police officers are called to a house or apartment where there’s been a domestic dispute between boyfriend and girlfriend, or husband and wife, and there is evidence of an assault, they must make an arrest – even when both people say that they don’t want the other arrested.

Police arrest who they believe to be the “primary aggressor,” but in many instances where there are contradictory versions of events, it is difficult to determine who that is. So in some cases, both people are arrested. In others, the confusion over contradictory stories can mean that the victim is actually arrested and charged with domestic assault.

In all cases, there is peripheral damage to the person arrested and convicted of domestic assault. That person can lose their job and career, or personal relationships, their reputation or their standing in the community.

In Tennessee domestic assault charges are in one of two categories:

Class A misdemeanor , which is punishable by up to 11 months and 29 days in jail and a fine of up to $2.500.
Class B misdemeanor , which is punishable by not more than six months in jail and a $500 fine.

We read recently of a Tennessee police officer who has been charged with domestic assault after an early-morning dispute with his girlfriend. She told responding officers that he had knocked a cellphone from her hands and damaged a coffee table.

She said he also held her arm underwater in order to prevent her Bluetooth-enabled watch to function properly.

After the officer’s arrest, the Nashville Police Department decommissioned him and launched an investigation into the incident.

The best thing for anyone in this type of situation to do is to refrain from trying to argue their way out of their predicament. Instead, they should speak with an attorney experienced in domestic violence defense about the evidence and their best legal options.

(This article taken from www.levittandlevittlaw.com )

Exercising Your Miranda Rights

Fri, 27 Dec 2024 18:34:33 GMT

When should you waive your Miranda Rights?

Question: When should I waive my Miranda Rights in Tennessee and speak with police about a criminal case?

Answer: Never.

If police want to ask you questions, tell the police that you want a lawyer with you. Do not speak to law enforcement or answer any questions without your lawyer present.

Though I could write more extensively on this subject, that just about covers it.

The Intent To Distribute

Fri, 20 Dec 2024 18:01:51 GMT

Three ways that police officers and prosecutors establish the intent to distribute

Defendant in such cases face serious consequences. How do the police establish the intent to distribute a drug?

Types of drugs

Socialization

Police may surveil your residence or subpoena your phone records to show that you frequently interact with people you do not know.

Other items in your possession

Some Consequences Of A Bar Fight

Tue, 17 Dec 2024 18:19:12 GMT

What are the potential legal ramifications of getting into a bar fight?

4 Types of Criminal Charges You Could Face From a Bar Fight

If you are involved in a bar fight, you could face any of the following charges:

Assault: Assault is often found together with battery, but they are separate charges. Assault and battery are not interchangeable. Causing another person to fear bodily harm can result in assault charges. Assault is threatening bodily harm and attempting violence towards another person.

Battery: Unlike assault, battery happens when force is actually used to harm another person. If the injury isn’t serious, it is typically reflected in the punishment. However, if for example, a bar fight leads in serious harm to another person, you could face felony battery charges.

Disturbing the Peace: Considered by most to be a minor offense, disturbing the peace is a misdemeanor offense that carries up to 90 days in jail and a fine of $400 or less. Disturbing the peace doesn’t mean there was a physical fight. It can also be the result of shouting insult and using provocative language to incite a fight.

Manslaughter: Accidentally taking the life of another person is considered involuntary manslaughter. A heat of the moment and accidental death, like if one happened to die in a bar fight. Whether a manslaughter charge is categorized as voluntary or involuntary, it will carry jail time.

What Is Constructive Possession

Fri, 13 Dec 2024 17:46:20 GMT

What should you know about constructive possesssion?

If law enforcement officers and a prosecutor charge you with a drug crime, a court of law cannot convict you unless it believes beyond a reasonable doubt that you possessed or owned the drugs.

The prosecutor can go one of two ways to prove your ownership: actual possession and constructive possession.

Actual possession

Actual possession means when officers recovered the drugs, they did so from somewhere on or near your person. All the court needs is the officer’s testimony that (s)he took the drugs out of your pocket, purse, etc.

Constructive possession

Constructive possession means the prosecutor must prove by circumstantial evidence alone that you not only knew about the drugs but also possessed the ability to control them.

Example

The following example should make constructive possession easier for you to understand. At your trial, the officer testifies as follows:

(S)he observed you speeding.
(S)he pulled you over for this alleged traffic violation.
(S)he noticed two other people in your car: someone in the passenger seat and someone in the back seat.
(S)he asked you for your license and registration, from which (s)he determined that you owned the car.
(S)he asked to search your car, and you gave him or her permission to do so.
(S)he found illegal drugs in your unlocked glove box.

This evidence establishes that you had illegal drugs in your vehicle. It does not establish, however, that you knew they were in your glove box or that you put them there. Both of your passengers had just as much opportunity and ability to put them there as you did.

Consequently, no one can determine who owned the drugs, and the prosecutor failed to meet his or her burden of proof. The court cannot convict you of a drug crime.

Property Crime

Fri, 06 Dec 2024 17:54:49 GMT

What are the different types of property crimes?

Tennessee property crimes vary, depending on the circumstances. It is easy to get confused about the different categories of theft, robbery and burglary. When planning a defense, it is imperative to assess which charge applies to the situation.

How do theft, robbery and burglary differ?

Theft – also referred to as larceny – is the simplest charge in these categories. It is considered theft if someone is accused of taking another’s property, was unauthorized to do so and meant to deprive them of it permanently. Taking a wallet that was left on a table would be considered theft.

Robbery – the items are taken without the other person’s permission, but it happens through physical force or intimidation. With the wallet example, the person alleged to have committed robbery would need to order the owner to hand it over or physically take it through real or implied violence.

Burglary – a person commits burglary who, without the effective consent of the property owner; 1) enters a building other than a habitation (or any portion thereof) not open to the public, with intent to commit a felony, theft or assault; 2) remains concealed, with the intent to commit a felony, theft or assault, in a building; 3) enters a building and commits or attempts to commit a felony, theft or assault is a Class D felony, or 4) enters any freight or passenger car, automobile, truck, trailer, boat, airplane or other motor vehicle with intent to commit a felony, theft or assault or commits or attempts to commit a felony, theft or assault, a Class E felony.

Aggravated Burglary – an aggravated burglary is burglary of a habitation and is a Class C felony.

Especially Aggravated Burglary – an especially aggravated burglary is: 1) burglary of a habitation or building other than a habitation; and 2) where the victim, lawfully on the premises, suffers serious bodily injury. This a Class B felony.

Test For Intoxicated Driving

Fri, 29 Nov 2024 17:49:40 GMT

How police officers test for intoxicated driving

Imagine a police officer in Tennessee suspects you are driving while intoxicated. After you step out of your vehicle, the officer will likely instruct you to perform three roadside tests.

Knowing what to expect during these exams may help you perform them better.

Walk-and-turn test

This test involves taking nine steps in a straight line. Feet must touch at the end of each step. Once you reach the ninth step, turn around and make nine more steps in the opposite direction.

Your arrest is possible if you stumble or your heels and toes do not connect. Officers also look for miscounting and using arms for balance.

One-legged stand test

For this evaluation, you must stand on one leg. While in this position, count out loud until you reach a specified number.

Law enforcement will look for any swaying or loss of balance. Skipping numbers and both feet touching the ground are other indications of inebriation.

Horizontal-gaze test

When you are under the influence, your eyes may jerk without your knowing. An officer will look for these automatic movements while you follow a pen or finger from one side to the other. Your head needs to remain still. The inability to stay rigid raises officer suspicion.

Alternative tests

Getting pulled over for suspicion of drunk driving is a tenuous situation. Follow the instructions and tests that a representative of the law asks you to perform.

A Simple Drug Possession

Mon, 25 Nov 2024 17:58:46 GMT

What is considered simple drug possession in Tennessee?

In the state of Tennessee, you commit a simple possession drug offense if you “knowingly possess or casually exchange a controlled substance, unless the substance was obtained directly from…a valid prescription…while acting in the course of a professional practice” (TCA 39-17-418).

A simple drug possession conviction, even one that carries probation with no jail time, will get you probation for 1 year and will stay on your permanent record forever. Which drugs will get you a simple drug possession charge? What can you do about it?

Simple Drugs and Possible Penalties

In Tennessee, a simple drug is one of the following:

Powder cocaine
Crack cocaine
Heroin
Marijuana
Methamphetamine
The penalties for being caught in possession of one of the drugs listed above vary depending on the amount of the drug and the number of previous offenses.

A first offense is considered a Class A Misdemeanor and will get you either:

probation;
court fees;
fines; or
a jail sentence of up to 11 months and 29 days.

The fine amount for simple drug possession will vary depending on the type of drug found on your person.

If found with marijuana, you could be fined:

$250 for the first conviction;
$500 for the second conviction; and
$1,000 for the third conviction and every other conviction after. If you are convicted for a third time, you will be charged with a felony rather than a misdemeanor.

If you are found with a scheduled controlled substance (cocaine, heroin, methamphetamine), you could be fined:

$750 for the first conviction;
$850 for the second conviction; and
$1,000 for the third conviction and every other conviction after. If you are convicted for a third time, you will be charged with a felony rather than a misdemeanor.

DUI Checkpoints

Fri, 22 Nov 2024 18:02:48 GMT

What are your rights at a DUI checkpoint?

Know Your Rights

Additionally, every state has an implied consent law, which means you must submit to a blood test or a chemical test. Noncompliance will result in serious consequences.

DUI And Criminal Record

Wed, 20 Nov 2024 16:31:50 GMT

How long does a DUI stay on your record?

Understanding the Severity and Permanence of Tennessee DUIs

DUIs are major offenses in every state with the severity of punishments reflecting the seriousness of the crime. While many of the punishments are geared towards correcting behavior, such as by necessitating participation in driving safety courses, the conviction leaves a lasting stain on a Tennessee criminal record. Luckily, in some cases, the mark isn’t necessarily permanent.

DUIs that Were Dismissed or Did Not Result in a Conviction

Tennessee laws allow for any criminal charge that did not result in a conviction to be expungable. Even if you were arrested, being released without a charge offers an opportunity to seek an expungement of the event from your record.

Expungable DUI Cases

If an offense started as a DUI but was later reduced to a reckless driving or reckless endangerment charge, it is expungable under Tennessee law after five years. This is important for drivers who have been arrested for DUI in Tennessee for a first offense, as these individuals are often offered a reduced charge in return for a guilty plea, meaning many drivers charged for a DUI are instead given a reckless driving or endangerment conviction that can be removed after the necessary waiting period.

Inexpugnable DUI Cases

A DUI charge, if not reduced to a lesser charge or dismissed before conviction, will lead to a permanent mark on your criminal record. However, it’s worth remaining aware of the potential for expungement in the discussed scenarios, as many remain unaware of the freeing potential for expunction that awaits them after their reduced charges or dropped case.

The Legality Of Carrying A Knife

Fri, 15 Nov 2024 18:41:06 GMT

Can I be convicted of a weapons charge for carrying a knife?

Due to Tennessee’s vague legislative language, it can be difficult to understand exactly what type of weapon will get you convicted of a weapons charge.

As of 2013, it is legal to own any type of knife, including:

throwing stars;
daggers;
dirks;
swords;
sword canes; and
machetes.

Concealed Weapon Charge

You could get a deadly weapon charge if you:

commit an offense with a deadly weapon, other than a firearm, with the intent of employing it during an attempt to commit a dangerous crime or escape from the scene of a dangerous crime; or
commit an offense with a deadly weapon with the intent of employing it during an attempt to commit a non-dangerous crime or escape from the scene of a non-dangerous crime.

Carrying a Knife onto School Property

School property consists of:

buildings;
buses;
campus grounds;
recreation areas; and
athletic fields.

If you are found carrying a knife on school grounds, you could face a felony conviction with penalties of up to 6 years in prison and a fine of up to $3,000.

(This article taken from www.pattonandpittman.com )

Bar Fight

Fri, 08 Nov 2024 19:08:45 GMT

What happens if I get into a bar fight?

4 Types of Criminal Charges You Could Face From a Bar Fight

If you are involved in a bar fight, you could face any of the following charges:

Assault: Assault is often found together with battery, but they are separate charges. Assault and battery are not interchangeable. Causing another person to fear bodily harm can result in assault charges. Assault is threatening bodily harm and attempting violence towards another person.

Battery: Unlike assault, battery happens when force is actually used to harm another person. If the injury isn’t serious, it is typically reflected in the punishment. However, if for example, a bar fight leads in serious harm to another person, you could face felony battery charges.

Disturbing the Peace: Considered by most to be a minor offense, disturbing the peace is a misdemeanor offense that carries up to 90 days in jail and a fine of $400 or less. Disturbing the peace doesn’t mean there was a physical fight. It can also be the result of shouting insult and using provocative language to incite a fight.

Manslaughter: Accidentally taking the life of another person is considered involuntary manslaughter. A heat of the moment and accidental death, like if one happened to die in a bar fight. Whether a manslaughter charge is categorized as voluntary or involuntary, it will carry jail time.

(This article taken from www.pattonandpittman.com )

Gun Laws And Consequences

Fri, 01 Nov 2024 16:07:58 GMT

Why you should make sure you are comply with Tennessee gun laws

Tennessee is considered to be a gun-friendly state in comparison with other states across the country. However, safety is a top priority, and this is reflected in many of the state’s gun policies.

Owning and carrying weapons in Tennessee

Legally carrying your gun in public places

Weapons in your vehicle

(This article taken from www.levittandlevittlaw.com )

The Legal Dangers of a Verbal Threat

Fri, 25 Oct 2024 16:03:49 GMT

How verbal threats can lead to a physical assault charge

According to the Tennessee Code (Tenn. Code Ann. § 39-13-101), a person commits assault who:

intentionally, knowingly or recklessly causes bodily injury to another;
intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
intentionally or knowingly causes physical contact with another, and a reasonable person would regard the contact as extremely offensive or provocative.

So, if you threaten someone to the point where they fear for their lives or bodily harm from you, then you can be charged with assault.

How Threats Can Be Used Against You

Tennessee Codes § 39-13-601; § 39-13-604; and § 40-6-303 state that only one-party consent is required for an electronic recording. It further outlines the following:

(This article taken from www.pattonandpittman.com )

Drug Paraphernalia

Tue, 22 Oct 2024 17:17:00 GMT

Understanding Tennessee's drug paraphernalia law

What Is Drug Paraphernalia?

Common legal items that instantly become illegal when used with a controlled substance:

Balloons
Pens
Plastic Bags
Scales
Small Spoons

Tennessee Penalties for Possessing of Drug Paraphernalia

Fines of at $150+ for a first conviction
Fines of at $250+ for any following convictions
Drug paraphernalia charges can become a Class E felony when an individual is found to have these items with the intent to sell or deliver drugs. Fines for Class E felony drug paraphernalia charges vary, but those found guilty could face fines up to $50,000 and up to two years in prison.

Borrowing Of A Firearm

Fri, 18 Oct 2024 16:46:01 GMT

Can I get in trouble for borrowing a friends gun?

Prohibited Weapons in Tennessee

If you aren’t facing a weapons charge, but you’re wondering if your weapon is legal, the following weapons are outlawed for citizens in Tennessee.

According to Tennessee Code 39-17-1302, Prohibited weapons:

( a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells:

(1) An explosive or an explosive weapon;

(2) A device principally designed, made or adapted for delivering or shooting an explosive weapon;

(3) A machine gun;

(4) A short-barrel rifle or shotgun;

(5) A firearm silencer;

(6) Hoax device;

(7) A switchblade knife or knuckles; or

Laws and Penalties for Gun Charges in Tennessee

(This article taken from www.pattonandpittman.com )

Driving Impaired Concerns

Tue, 15 Oct 2024 17:27:58 GMT

Impaired driving continues to be a concern & what Tennessee officials are doing about it.

A recent report on traffic fatality statistics from the Tennessee Department of Safety shows that while distracted and impaired driving has decreased since 2007, plenty of work still remains to be done. The figures from the report suggest that teenagers in particular may need to be educated on the risks of driving while distracted, including talking on the phone and texting while driving. Further, more sobriety checkpoints may need to be implemented to further prevent drunk driving. Both initiatives would likely help reduce fatal and serious car accidents in Tennessee.

KEY FINDINGS OF THE TRAFFIC FATALITIES STATISTICS REPORT

The Tennessee traffic fatality figures showed an increase in all vehicular fatalities between 2011 and 2012. However, 2012 still represented the third lowest annual incidence of traffic deaths since 1963. The 2012 figures also show a nearly 24 percent decrease in fatalities since 2004, showcasing a significant downward trend in recent years. However, according to Safety Commissioner Bill Gibbons, the state still has plenty of work to do.

In particular, state officials pointed out that impaired driving statistics still remained distressingly high. In 2012, 246 people were killed in crashes involving alcohol impairment. However, this number represents a nearly 30 percent decrease in the past five years, showing that recent efforts to combat drunk driving have succeeded. The report notes that Tennessee State Troopers had made about 25 percent more DUI arrests than they did in 2011.

TENNESSEE’S PLANS FOR IMPROVING SAFETY

A colonel with the Tennessee Highway Patrol remarked that efforts to reduce drinking and driving will only increase going forward. Sobriety checkpoints and “no refusal” enforcement campaigns will be implemented to combat impaired driving and help prevent traffic fatalities. In addition, more than half of all Tennessee traffic fatalities in 2012 involved drivers who were not wearing their seat belts. With this in mind, Highway Patrol officers will ramp up checks for seat belts as well as those for drunk or distracted driving.

In remarks about the 2012 traffic statistics, the director of the Governor’s Highway Safety Office said that distracted driving was the primary killer of teenage drivers. Driving while talking or texting falls under this category. In Tennessee, teenage traffic fatalities went up by 10 percent between 2011 and 2012. To combat this rise, officials plan on improving responsible driving education efforts in schools and through general outreach.

(This article taken from www.loganthompsonlaw.com )

Potential Gun Law Consequences

Fri, 11 Oct 2024 17:14:33 GMT

Why you should make sure you are comply with Tennessee gun laws

Tennessee is considered to be a gun-friendly state in comparison with other states across the country. However, safety is a top priority, and this is reflected in many of the state’s gun policies.

Owning and carrying weapons in Tennessee

Legally carrying your gun in public places

Weapons in your vehicle

(This article taken from www.levittandlevittlaw.com )

Type Of Assault

Fri, 04 Oct 2024 19:22:36 GMT

Different types of assault charges in Tennessee

There are two types of assault (simple and aggravated), and those accused can face misdemeanor or felony charges. Depending on the severity, penalties can range from prison time to fines.

Simple Assault

Simple assault is defined as knowingly or recklessly causing bodily harm to another person.

Simple assault can result in:

a victim reasonably fearing imminent bodily injury; or
physical contact with another person that would cause them to feel reasonably provoked.

This type of assault is a misdemeanor because it generally involves minor bodily injuries such as cuts, scrapes, or bruises.

Class A or B Misdemeanor

A simple assault can either be a Class A misdemeanor or a Class B misdemeanor. For an assault to be a Class A misdemeanor, the offender must have caused bodily injury or threatened the victim with immediate bodily harm. The punishments for Class A misdemeanors are up to 11 months and 29 days in jail, a fine up to $2,500, or both.

A Class B misdemeanor is physical contact that is offensive or provocative. The punishments for Class B misdemeanors are up to 6 months in jail, a fine up to $5,000, or both.

Someone convicted of simple assault may be required to pay restitution. Restitution involves reimbursing any victims for expenses resulting from the crime.

Aggravated Assault

Aggravated assault is a felony with severe consequences.

To commit aggravated assault, a person must:

knowingly or recklessly cause serious physical injury to another person;
knowingly or intentionally attempt to cause physical injury;
be a parent or guardian of a child or adult who refuses to protect the child or adult from an aggravated assault or child abuse;
knowingly or intentionally cause or attempt to cause bodily injury to another person while under a legal order or agreement that prohibits such actions; and/or
intentionally cause physical injury to a public employee while the person was performing their job.

Felony Charges

Anyone who commits a simple assault while brandishing or using a deadly weapon will be charged with a felony aggravated assault.

A deadly weapon is any object that is capable of causing death or serious bodily injury.

Deadly weapons include:

firearms;
hunting knives; or
brass knuckles.

Any object that wasn’t manufactured with intent to cause bodily harm can be considered a deadly weapon if used against another person. For example, if an aggressor uses a rope to strangle another person.

There are two felony classes—Class C felony and Class D felony:

The sentence for a Class C felony is 3 to 15 years in prison and/or a fine of up to $10,000.
The sentence for a Class D felony is 2 to 12 years in prison and/or a fine of up to $5,000.

Like a simple assault, a person may be required to pay restitution to a victim for expenses resulting from their crime.

(This article taken from www.pattonandpittman.com )

Consequences of a DUI

Fri, 20 Sep 2024 17:05:23 GMT

What to expect when receiving a DUI in Tennessee

Driving drunk, otherwise called “driving under the influence” (DUI), is unlawful in Tennessee. The DUI laws in Tennessee include blood alcohol concentration (BAC) limits for adults and minors, criminal sentences with prison time and fines, driver’s permit repudiations, and implied consent to alcohol testing for all drivers.

BAC Limits

Tennessee has a blood alcohol level at which the state assumes the driver is intoxicated. This is known as a “per se” BAC and is set at .08 in Tennessee. Likewise, having a very high BAC, in Tennessee of .20 or above, can bring about more severe punishments.

For minors and adults under the drinking age of twenty years of age in Tennessee, the state has a “zero tolerance” strategy. On the off chance that an individual under the age of twenty-one has a BAC of .02 while driving, regardless of whether or not they are intoxicated, the individual can be found to have committed a DUI. In the event that an adolescent (sixteen to twenty) is seen as liable for impeded driving, their license will be suspended for one year, they will get a $250 fine, and the court can mandate community service.

Punishments and Sentences

Tennessee possesses required prison time for first-time DUI offenders. At a minimum, offenders will get forty-eight hours in prison, unless one’s BAC is .20 or higher. At that point, the sentence is seven days. Be that as it may, a first-time DUI can ultimately lead to a sentence of eleven months and twenty-nine days in prison as well as a $350-$1,500 fine. Additionally, the offender’s license can be suspended for one year. Furthermore, DUI offenders are also required to attend an alcohol treatment program.

A second DUI leads to at least forty-five days in prison, a compulsory fine of $600-$3,500, and a license suspension for a year. When the offender does get their license restored, it is limited to going to work, school, court-ordered rehabilitation, and/or court-ordered community service. The offender’s vehicle can be seized beginning at the offender’s second DUI.

A third DUI offense conveys at least one hundred and twenty days in prison (greatest under one year), $1,100-$10,000 in compulsory fines, and license suspension for six to ten years with no chance of getting a limited license, for even limited necessities like work. Fourth and ensuing DUIs are lawful offenses that will get the offender at least three hundred sixty-five days in prison, a $3,000-$15,000 required fine, and an eight-year license suspension with no restricted license available.

Additionally, the appointed court authority can arrange compensation to any individual hurt by the offender for any DUI. Furthermore, getting a driver’s license after a DUI includes many expenses, including, but not limited to, a $100 reestablishment charge.

Implied Consent

In the event that a DUI offender will not submit to a blood liquor test when pulled over by a police officer, they can have their driver’s permit repudiated for one year for the principal offense, two years for the subsequent offense, and two years if the accident brought about real injury, regardless of whether or not it’s the offender’s first offense. In the event that the accident killed somebody and the offender declined a blood alcohol test, they might have their license suspended for several years. Additionally, a police officer can affirm different components that demonstrate the offender’s inebriation, regardless of whether or not they submitted to the test. These components include the smell of the offender’s breath, visible alcohol in the vehicle, and the offender’s behavior.

As a rule, denying a blood alcohol test will not assist an offender with keeping away from the outcomes of driving under the influence. Only not driving drunk can shield a potential offender from these punishments.

(This article taken from www.loganthompsonlaw.com )

Tests For Intoxicated Driving

Fri, 13 Sep 2024 17:58:34 GMT

Different ways that officers test drivers for intoxicated driving in Tennessee

Imagine a police officer in Tennessee suspects you are driving while intoxicated. After you step out of your vehicle, the officer will likely instruct you to perform three roadside tests.

Knowing what to expect during these exams may help you perform them better.

Walk-and-turn test

This test involves taking nine steps in a straight line. Feet must touch at the end of each step. Once you reach the ninth step, turn around and make nine more steps in the opposite direction.

Your arrest is possible if you stumble or your heels and toes do not connect. Officers also look for miscounting and using arms for balance.

One-legged stand test

For this evaluation, you must stand on one leg. While in this position, count out loud until you reach a specified number.

Law enforcement will look for any swaying or loss of balance. Skipping numbers and both feet touching the ground are other indications of inebriation.

Horizontal-gaze test

Alternative tests

Getting pulled over for suspicion of drunk driving is a tenuous situation. Follow the instructions and tests that a representative of the law asks you to perform.

(This article taken from www.levittandlevittlaw.com )

Appealing Criminal Conviction

Fri, 06 Sep 2024 17:56:11 GMT

What to expect when appealing a criminal conviction

There are a host of reasons why someone may be wrongly convicted.

Regardless of the criminal offense they were accused of committing, many different factors can play a role in an unjust conviction or unfair ruling. These can include:

Insufficient evidence
A mistake during sentencing
Misconduct of prosecutors
Exclusion of evidence
Improper jury instructions

Those who are struggling with the consequences of such a ruling may want to appeal the case. However, it is imperative to approach the criminal appeals process correctly.

A proactive approach to protecting rights

In many instances, the appeals process can last for months or longer. Sometimes, appeals are denied, but even then, there may be additional options available.

Regrettably, many people have suffered as a result of unfairness during their trial, whether they had to deal with a judge who did not treat their case properly or some other serious problem.

(This article taken from www.levittandlevittlaw.com )

Understanding Property Crime

Fri, 30 Aug 2024 17:56:10 GMT

What are the different types of property crimes?

How do theft, robbery and burglary differ?

After the arrest, it is important to understand the charges and how they impact the case and its potential consequences.

Aggravated Burglary – an aggravated burglary is burglary of a habitation and is a Class C felony.

Tailoring a defense to the crime can be essential

Regardless of the criminal allegation, the defense is fundamental to achieving a positive outcome, whether that is an acquittal, a plea bargain or another solution. From the start, directly addressing the specific crime is vital. Having experienced legal assistance will help in determining how to fight the charges.

(The article taken from www.levittandlevittlaw.com )

Search Of Glove Box

Fri, 23 Aug 2024 16:26:26 GMT

Can the police search your glove box?

There are two important criminal defense matters in the story: gun rights and search and seizure.

Gun rights and convictions

Illegal search and seizure

(This article taken from www.levittandlevittlaw.com )

Domestic Violence Defense

Fri, 16 Aug 2024 17:57:54 GMT

What are some possible defenses to a domestic violence charge?

Allegations of domestic violence are taken seriously by law enforcement, because many people die each year at the hands of a person with whom they are living.

However, many domestic violence allegations result from petty fights or are fueled by alcohol and drugs. In these situations, the person accused may be innocent. If you have found yourself in a situation where you have been wrongly accused of domestic violence, you should be aware of possible defense options in Tennessee.

Arguing that the alleged victim acted out of spite

If the alleged victim had a reason to be angry at you or had cause to spite you, he or she may have deliberately lied to achieve their goal. When a parent is accused of domestic violence, it can negatively affect their chances of gaining child custody. Therefore, accusing the other parent of domestic violence has been known to be a wrongful strategy undertaken by a person going through a child custody battle.

Accusing another person of committing the alleged abuse

If an argument arose between more than two people, mistaken identity can occur. For example, if the victim was hit, they may have made an incorrect assumption about who did it. If there were many people at the scene, they may have made a genuine mistake.

Claiming you acted out of self defense

If you had reason to believe you were in immediate danger, you might have instinctively acted to prevent becoming injured. This may have involved pushing the person away so they could not harm you. This person may then have accused you of domestic violence.

Lack of proof

A lack of proof can sometimes be enough to show that the alleged victim is not being truthful about the events that occurred. For example, they may have been unable to provide evidence of cuts and bruises after allegedly being attacked. Alternatively, they may have given an account of a timeline of events that does not add up.

You must take swift action if you have been accused of domestic violence in Tennessee. Failing to defend yourself could lead to jail time and future challenges. If convicted of domestic assault, you will permanently lose your right to own or possess firearms.

(This article taken from www.levittandlevittlaw.com )

Gun Laws In TN

Fri, 09 Aug 2024 16:00:06 GMT

What a gun charge can mean for you in Tennessee

Tennessee is considered to be a gun-friendly state in comparison with other states across the country. However, safety is a top priority, and this is reflected in many of the state’s gun policies.

Owning and carrying weapons in Tennessee

Legally carrying your gun in public places

Weapons in your vehicle

(This article taken from www.levittandlevittlaw.com )

Police Searching Car

Fri, 02 Aug 2024 15:33:35 GMT

Are police allowed to search my car?

After an arrest or with a warrant

When police have probable cause

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

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 )

Shoplifting In TN

Fri, 26 Jul 2024 18:10:28 GMT

Do you know what is considered shoplifting in Tennessee?

Shoplifting charges don’t just result from theft

Examples of situations where someone does not leave the store but still winds up charged with a crime could include:

Replacing a price tag on one item with a tag from another
Altering a price tag to change how it rings up
Putting items inside another item
Intentionally hiding an unpaid item in a purse, backpack, coat or pocket
Moving an item into a different container or packaging
Intentionally manipulating a cash register or similar device

Treat all shoplifting allegations like a serious potential issue

(This article taken from www.levittandlevittlaw.com )

Protesting In TN

Tue, 23 Jul 2024 17:42:11 GMT

What to know about the laws surrounding protesting in Tennessee

Where Am I Allowed to Protest?

How am I Allowed to Protest?

What Can I Be Arrested For?

Disorderly Conduct

TCA § 39-17-305:

(a) A person commits an offense who, in a public place and with intent to cause public annoyance or alarm:

(1) Engages in fighting or in violent or threatening behavior;

(2) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or other emergency; or

(3) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.

(b) A person also violates this section who makes unreasonable noise that prevents others from carrying on lawful activities.

Failure To Obey

TCA § 55-8-104:

Resisting Arrest

TCA § 39-16-602:

(b) Except as provided in § 39-11-611, it is no defense to prosecution under this section that the stop, frisk, halt, arrest or search was unlawful.

(This article is taken from www.bestlawhb.com )

Drunk Driving Suspicion

Fri, 19 Jul 2024 17:50:02 GMT

The steps you should take if you are suspected of driving under the influence

This is what you should do if you are pulled over:

Move to safety as soon as possible: This is not a time to continue driving as if nothing is happening. The officer wants you to immediately move to the side of the road. By putting on your hazard lights, you acknowledge to the officer that you see him or her.
Wait where you are: Do not get out of your vehicle, take off your seat belt or start grabbing for your license and registration. Put your hands on the steering wheel, wait for the officer to arrive and then follow his or her instructions.
Be polite: You do not have to go overboard, but it is critical that you remain respectful and polite as you are discussing the situation with the officer. If you become aggressive or condescending to the officer, it will raise suspicions and all but guarantee that you will find yourself in trouble.
Do not say too much: If you are asked a potentially incriminating question, think about how much information you will share. It is best to keep your answers short and to the point. Saying too much could result in your arrest. Remember, you always have the right to remain silent.
Stay calm if the officer puts you under arrest: This is the last thing you want to happen, but it is a possibility if you have been drinking. Stay calm, do not say anything the officer could use against you in court, and follow instructions.

If you take these steps after being pulled over for suspicion of drinking and driving, you improve your chances of avoiding an arrest or conviction.

(This article taken from www.levittandlevittlaw.com )

What Is Constructive Possession

Tue, 09 Jul 2024 17:03:08 GMT

What should you know about constructive possession?

If law enforcement officers and a prosecutor charge you with a drug crime, a court of law cannot convict you unless it believes beyond a reasonable doubt that you possessed or owned the drugs.

The prosecutor can go one of two ways to prove your ownership: actual possession and constructive possession.

Actual possession

Constructive possession

Constructive possession means the prosecutor must prove by circumstantial evidence alone that you not only knew about the drugs but also possessed the ability to control them.

Example

The following example should make constructive possession easier for you to understand. At your trial, the officer testifies as follows:

(S)he observed you speeding.
(S)he pulled you over for this alleged traffic violation.
(S)he noticed two other people in your car: someone in the passenger seat and someone in the back seat.
(S)he asked you for your license and registration, from which (s)he determined that you owned the car.
(S)he asked to search your car, and you gave him or her permission to do so.
(S)he found illegal drugs in your unlocked glove box.

Consequently, no one can determine who owned the drugs, and the prosecutor failed to meet his or her burden of proof. The court cannot convict you of a drug crime.

(This article taken from www.levittandlevittlaw.com )

Waiving Miranda Rights

Fri, 05 Jul 2024 17:26:18 GMT

When should you waive your Miranda Rights?

Question: When should I waive my Miranda Rights in Tennessee and speak with police about a criminal case?

Answer: Never.

If police want to ask you questions, tell the police that you want a lawyer with you. Do not speak to law enforcement or answer any questions without your lawyer present.

Though I could write more extensively on this subject, that just about covers it.

About Domestic Violence?

Wed, 03 Jul 2024 17:23:50 GMT

What constitutes as domestic violence in Tennessee

The Definition Of Domestic Violence

Physical Abuse

Sexual Abuse

Emotional Or Psychological Abuse

(This article taken from www.houstonalexander.com)

Driving And Prescription Drugs

Fri, 28 Jun 2024 17:06:57 GMT

The danger of driving while using prescription drugs

Should you drive while on your prescription?

While many people assume their doctor or health care provider will tell them if it is safe to drive while using their prescription, that is not always the case.

Drowsiness
Blurred vision
Slower movement or reaction times
Dizziness
Fainting
Lack of focus
Nausea
Excitability or irritability

Tennessee and Georgia laws

Even though you may not have known how your prescription would affect your driving abilities, you can still be charged with a DUI. Be careful.

(This article taken from www.levittandlevittlaw.com )

Firearms And Driving

Fri, 21 Jun 2024 17:10:13 GMT

What to do if pulled over with a gun in the car

Remain calm and cooperative

Tennessee law requires disclosure of permit at the request of an officer

According to Beretta, an Italian firearms manufacturer, drivers who conceal and carry weapons should take the following steps:

Keep your hands on the steering wheel at all times
Turn on the vehicle’s dome light if it is dark outside
Only reach for items like your driver’s license when instructed by the officer
Inform the officer you are carrying if your movement will reveal a weapon, such as one located in the glove box or at the hip.
Ask the officer how he or she would like you to proceed.
Produce driver’s license, vehicle registration and permit to carry as required by state law at the instruction of the officer.

Drivers who fail to use caution in this situation or do not have their firearm permit available risk administrative penalties, criminal charges or the escalation of the use of force by an officer.

(This article taken from www.levittandlevittlaw.com )

Constructive Possession

Wed, 19 Jun 2024 16:56:18 GMT

What to know about constructive possession

If law enforcement officers and a prosecutor charge you with a drug crime, a court of law cannot convict you unless it believes beyond a reasonable doubt that you possessed or owned the drugs.

The prosecutor can go one of two ways to prove your ownership: actual possession and constructive possession.

Actual possession

Constructive possession

Constructive possession means the prosecutor must prove by circumstantial evidence alone that you not only knew about the drugs but also possessed the ability to control them.

Example

The following example should make constructive possession easier for you to understand. At your trial, the officer testifies as follows:

(S)he observed you speeding.
(S)he pulled you over for this alleged traffic violation.
(S)he noticed two other people in your car: someone in the passenger seat and someone in the back seat.
(S)he asked you for your license and registration, from which (s)he determined that you owned the car.
(S)he asked to search your car, and you gave him or her permission to do so.
(S)he found illegal drugs in your unlocked glove box.

Consequently, no one can determine who owned the drugs, and the prosecutor failed to meet his or her burden of proof. The court cannot convict you of a drug crime.

(This article taken from www.levittandlevittlaw.com )

Miranda Rights

Fri, 14 Jun 2024 18:19:43 GMT

When should you waive your Miranda Rights?

Question: When should I waive my Miranda Rights in Tennessee and speak with police about a criminal case?

Answer: Never.

If police want to ask you questions, tell the police that you want a lawyer with you. Do not speak to law enforcement or answer any questions without your lawyer present.

Though I could write more extensively on this subject, that just about covers it.

Defining Domestic Violence

Fri, 07 Jun 2024 16:30:46 GMT

What constitutes as domestic violence in Tennessee

The Definition Of Domestic Violence

Physical Abuse

Sexual Abuse

Emotional Or Psychological Abuse

(This article taken from www.houstonalexander.com )

Driving And Prescription Drugs

Wed, 05 Jun 2024 16:46:19 GMT

The danger of driving while using prescription drugs

Should you drive while on your prescription?

While many people assume their doctor or health care provider will tell them if it is safe to drive while using their prescription, that is not always the case.

Drowsiness
Blurred vision
Slower movement or reaction times
Dizziness
Fainting
Lack of focus
Nausea
Excitability or irritability

Tennessee and Georgia laws

Even though you may not have known how your prescription would affect your driving abilities, you can still be charged with a DUI. Be careful.

(This article taken from www.levittandlevittlaw.com )

What Is Public Intoxication?

Fri, 31 May 2024 17:13:05 GMT

When might there be an arrest for public intoxication?

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 )

Police And Searching Your Car

Wed, 29 May 2024 16:29:26 GMT

Are police allowed to search my vehicle?

After an arrest or with a warrant

When police have probable cause

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

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/ )

Risk Of Driving On A Suspended License

Fri, 24 May 2024 16:22:16 GMT

Driving on a suspended license and its consequences in Tennessee

Reasons for Suspension or Revocation

Your license may be subject to mandatory revocation for certain convictions. For example, your license may be revoked if you are convicted of:

manslaughter, if it was the result of your driving
driving under the influence of an intoxicant
a felony, if a vehicle was used to commit it
failing to stop if you were involved in an accident that killed or injured someone
two convictions for reckless driving within 12 months
possessing five or more grams of meth while driving a vehicle, or
Vehicle theft. (Tenn. Code. § 55-50-501(a)(c).)

A license may also be revoked if you fail to pay a judgment for damages resulting from negligently driving a vehicle. (Tenn. Code. § 55-50-501(b).)

Your license may also be suspended if you:

have been convicted frequently enough of serious traffic offenses that the state believes you disrespect traffic laws and disregard the safety of others

are habitually reckless or negligent when you drive
are incompetent to drive
fail to appear in court for certain traffic violations
drop out of school if you are under 18. (Tenn. Code. § 55-50-502(a)(1).)

Reinstating Your License

Criminal Charges for Driving on a Suspended or Revoked License

You may be charged with a Class B or Class A misdemeanor if you drive while your license is suspended or revoked.

You may be charged with a Class B misdemeanor for a first offense. In general, the maximum penalty for a Class B misdemeanor is:

six months in jail, and
a $500 fine.

between two days and six months in jail, and
a maximum $1,000 fine.

For a second or subsequent offense within 10 years, you may be charged with a Class A misdemeanor. The maximum punishment for a Class A misdemeanor may involve:

up to 11 months, 29 days in jail, and
a maximum $2,500 fine.

between 45 days and 1 year in jail, and
a maximum $3,000 fine.

If you drive a vehicle without an ignition interlock device when you are required to have one, you may be charged with a Class B misdemeanor. Your sentence may involve:

between seven days and six months in jail, and
a fine up to $1,000.

In addition, a conviction for driving with a suspended or revoked license may come with an additional $15 fine.

Legal Help for Charges of Driving on a Suspended or Revoked License

(This article is taken from www.criminaldefenselawyer.com )

Filming The Police

Fri, 17 May 2024 16:18:32 GMT

Is Filming Or Recording The Police Legal?

Is Filming Or Recording The Police Legal?

Until the smartphone era, recordings of police encounters were few and far between. Aside from the occasional camcorder footage that might show up on a local news broadcast, video recordings of police interactions with the public were almost exclusively provided by either the police themselves or police-friendly programs like Cops.

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 )

Possible Defenses To A DUI Charge

Wed, 15 May 2024 16:41:22 GMT

There are some defenses that may help fight a DUI charge in court

Improper traffic stops

Improper testing

Duress

Unavoidable

Do not give up

If you are facing DUI charges, you may be able to defend yourself from a conviction. Consult with an attorney right away about your charges’ circumstances and what you can do to beat them.

(This article was taken from www.levittandlevittlaw.com )

What Is Public Intoxication?

Fri, 10 May 2024 17:52:10 GMT

When might there be an arrest for public intoxication?

Keys to being charged with public intoxication

Avoiding consequences of public intoxication may require professional advice

(This article is taken from www.levittandlevittlaw.com )

Difference In Assault and Battery

Fri, 03 May 2024 16:40:01 GMT

Was it assault or was it battery and why it matters

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

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

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

The Unexpected Consequences Of A DUI

Mon, 29 Apr 2024 16:21:40 GMT

Drinking and driving can cost more than just your license

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.

Filming The Police

Fri, 26 Apr 2024 16:01:54 GMT

Is Filming Or Recording The Police Legal?

Is Filming Or Recording The Police Legal?

What The Law Says

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.

If, however, the act of filming is legitimately interfering with law enforcement operations, the police can order the person or people filming to stop.

Tips For Legally Filming & Recording Police Encounters

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

(This article is taken from www.guinannlaw.com )

Drug Possession Charges

Fri, 19 Apr 2024 15:22:17 GMT

Some things you should know if faced with arrest for possession of drugs

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 )

What Is Public Intoxication?

Mon, 15 Apr 2024 16:00:26 GMT

When might there be an arrest for public intoxication?

Keys to being charged with public intoxication

Avoiding consequences of public intoxication may require professional advice

(This article is taken from www.levittandlevittlaw.com )

Police And Searching Your Car

Fri, 12 Apr 2024 16:39:21 GMT

Are police allowed to search my vehicle?

After an arrest or with a warrant

When police have probable cause

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

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/ )

How Serious Is Shoplifting?

Fri, 05 Apr 2024 16:44:57 GMT

An overview of shoplifting charges and their consequences

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 )

Drug Possession Charges

Tue, 26 Mar 2024 16:59:01 GMT

Some things you should know if faced with arrest for possession of drugs

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.

ASK FOR YOUR LAWYER, THEN REMAIN SILENT.

GIVE YOUR CRIMINAL DEFENSE ATTORNEY A DETAILED ACCOUNT OF WHAT HAPPENED

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.

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

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

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.

(The information in this blog post is taken from www.aerlawgroup.com )

Difference In Assault and Battery

Fri, 22 Mar 2024 15:54:11 GMT

Was it assault or was it battery and why it matters

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

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

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

What To Know About Gun Possession And Having A Felony

Mon, 18 Mar 2024 16:20:07 GMT

Can You Legally Be In Possession Of A Firearm If Convicted Of A Felony?

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.

18 U.S.C. §922(g) forbids the use or possession of a “firearm” (which is defined to include a destructive device) by a person who is a “prohibited person.” The possession of the firearm can be “actual” possession or “constructive” possession (meaning you never actually touched the firearm but had the ability to do so). The list of prohibited people as defined by 18 U.S.C §922(g) includes: (1) a felon; (2) a fugitive from justice; (3) an unlawful user or addict to any controlled substance; (4) a person “adjudicated as a mental defective” or committed to a mental institution; (5) an illegal alien; (6) a person dishonorably discharged from the military; (7) a person who renounced U.S. citizenship; (8) a person subject to an order of protection or restraining order; or, (9) a person with a misdemeanor domestic violence conviction.

Often, circumstances involving charges of possession of a firearm or ammunition by a “prohibited person” are harmless and unintentional. Perhaps, your friend or partner failed to tell you there was a registered gun in his or her glove compartment when you were left alone in a car. Perhaps, you cleaned a friend’s gun as a favor, and were left alone with it. Or perhaps, the person you live with didn’t lock the gun safe, leaving you alone with an array of hunting weapons or bullets that you have never even handled. Or perhaps, you used your friend’s firearm in an emergency to defend your own life or the life of another person, and although that action was life-saving, you now find yourself charged with the possession of that firearm.

Unfortunately, innocent-seeming circumstances involving weapons can lead to serious weapons charges that can have life-altering consequences.

Do not assume that your felony conviction will “fall off” your record after a long period of time passes or that with enough passing time, your status as a “prohibited person” will change. Without intervening action, such as a legal expungement or pardon, you will remain a prohibited person for your entire life.

Suspended License? Here's What to Know

Tue, 12 Mar 2024 14:34:37 GMT

Yes, it’s illegal to drive on a suspended license.

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.

What to know about restraining orders

Tue, 05 Mar 2024 17:34:48 GMT

The Power of a Restraining Order

You’ve probably seen examples of restraining orders (and the stressful circumstances surrounding them) on some of your favorite TV shows, but how much is fact and how much is fiction?

Whether you need a restraining order or you’re just curious about how they work, here’s what to know about why, how and when to get one in real life.

The Basics

There are many types of restraining orders, including those that protect elder and dependent adults, minor children and workplaces. An individual who wants to get a restraining order should first complete the necessary forms for the order. They should then serve papers for the request on the party to be restrained.

Next, the court will set a hearing. At the hearing, the court will grant or deny the request for an order.

Penalties for Violation

When a party who has been restrained violates a restraining order, they can be penalized with a period of incarceration and a fine. A restraining order is issued by a civil court. A violation of an order can be charged as a criminal offense.

Using a Restraining Order Effectively

A restraining order can be a tool to protect a victim, pets and property. To get a restraining order granted, an individual must explain what occurred clearly and concisely and in chronological order.

The court wants a petitioner to get to the point by presenting concrete evidence of the harasser’s actual or threatened abuse.

When to Get Help

A petitioner should consider getting help if their petition rambles, seems overly broad or cannot clearly explain the harm the harasser has done or threatens to do. The petitioner should seek help from an attorney rather than a victim advocate or other party who is not a legal professional.

Suspected DUI

mbrock1963@aol.com (Mike Brock) — Fri, 01 Mar 2024 17:14:20 GMT

Suspicion of DUI: what should you do?

Police are on the lookout for drivers who aren’t following the rules of the road. Taking this one step further, if they have reason to believe you’re under the influence of alcohol, it won’t be long before you find yourself pulled to the side of the road.

If you’re stopped for suspicion of DUI, it’s important that you take every step you can to protect your legal rights. Here’s a basic outline of what you should do:

Quickly pull to a safe place : Once you realize the officer is stopping your vehicle, quickly find a safe place to park. For example, if you’re on the highway, search for a safe place on the shoulder of the road.
Put your hands on the wheel and stay in your vehicle : Don’t become so anxious that you begin to shuffle around the cabin or open your door to confront the officer. Not only does this look suspicious, but the officer may assume they’re in danger.
Don’t say too much : You may have an idea of why the officer pulled you over, but you shouldn’t admit to such. If asked if you know what you did wrong, a simple “no” is the best answer. The more you say, the more likely you are of slipping up.
Don’t resist arrest : As the officer digs deeper, they may eventually come to the conclusion that you’re under the influence of alcohol. For example, this could result from a failed field sobriety test. If you’re put under arrest, keep calm and follow directions. Resisting or talking back won’t make things any better. In fact, it can result in additional criminal charges, which only complicates your case.

DUI charges are very serious, as a conviction can result in a large fine, license suspension and even jail time.

As scared as you may be, DUI charges don’t always result in a conviction. There are a variety of defense strategies you can use to protect your legal rights. Implementing the right one will go a long way in protecting you, while also putting you in the best position possible to avoid the serious consequences of a conviction.

(This article taken from www.patrickmcnallylegal.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

Drug Possession- What To Know

mbrock1963@aol.com (Mike Brock) — Fri, 23 Feb 2024 18:13:19 GMT

Five things you should know if you are charged with drug possession

It’s no secret one of the many important roles of law enforcement in the US revolves around drugs. While it isn’t as crucial as stopping violent crimes, taking a strong approach to illegal substances is the only way to make sure people follow the law and keep themselves safe, and this means many people end up being arrested for drug possession in the US.

The way this sort of issue will impact you varies from state to state, but this article will be focusing on Tennessee.

To help with your drug possession charge, it explores a few of the key items that you need to be aware of before you get caught, giving you the chance to work the situation into a more favorable one from the beginning. Being arrested for drug possession is always serious, but you can make it less so with the right work.

DEALING WITH THE POLICE

At this point, a lot of police officers in the US are tired of dealing with drug charges. This can result in them having very little patience for those that are caught with drugs, and it can be easy for those getting arrested to react badly to this.

You should always work diligently to be polite and cooperative when you are caught in possession of an illegal substance. Not only will this help to reduce the perceived threat you pose to the officers, but it will also reflect well on you if bodycam footage is ever shown in court. It will be much easier for your attorney to paint your drug possession as a one-time issue if you show remorse from the very first part of your arrest.

UNDERSTANDING THE PENALTIES

The type of penalty you receive when found in possession of drugs in Tennessee depends on the drug itself.

Cannabis, for example, can result in a citation that doesn’t impact your permanent record if it is your first offense, though it can be more serious than this.

When it is your first offense, you are most likely to be charged with a Class A misdemeanor when found in possession of drugs in Tennessee. This can come with up to 1 year of jail time and a fine of up to $2,500. This will stay the same for your second charge of cannabis possession, though other illegal substances will automatically become a Class E felony with the potential of 1 to 6 years in prison and a fine up to $3,000. A third cannabis charge will also become a felony.

(This article taken from www.crainlawtn.com )

Tennessee DUI Laws

mbrock1963@aol.com (Mike Brock) — Tue, 20 Feb 2024 18:22:10 GMT

Important things to know about Tennessee DUI laws

Being arrested for a first DUI offense can be daunting, particularly if you’re unfamiliar with the legal process. Tennessee courts impose strict punishments on those who drive while impaired, and DUI offenses are classified according to the circumstances of the arrest, prior offenses, and other factors.

However, even a first DUI charge can result in heavy fines, required educational courses, and even a prison sentence. Being aware of these laws and having guidance from a Tennessee DUI attorney is important for anyone dealing with these potential penalties

PENALTIES YOU MAY FACE FOR A FIRST-OFFENSE DUI IN TENNESSEE

For a first-offense DUI conviction, which is a Class A misdemeanor charge in Tennessee, you face the following penalties:

Jail time of 48 hours to 11 months and 29 days
At least seven days of jail time if your BAC is .20 or higher when you were arrested
One-year license revocation (you may apply for a restricted license, depending on your situation)
Complete a drug or alcohol treatment program
A fine of $350 up to $1,000
Pay restitution to anyone who suffered injuries or property damage due to the DUI incident
Installation of an ignition interlock device (IID)

CAN A FIRST OFFENSE DUI BE REDUCED AND EXPUNGED IN TENNESSEE?

Depending on the circumstances, the weight of a DUI charge can be lessened to a minor offense such as a traffic violation or reckless driving. But this is subject to various factors. These include legal issues your Tennessee DUI attorney can raise in court, the weakness or strength of the prosecution’s evidence against you, and whether your actions show accountability and acknowledgment of your substance abuse problem, among many others. A successful attempt at lessening the offense can help you avoid incarceration and other consequences.

You can’t expunge a DUI from your criminal record. However, even if a conviction for DUI cannot be erased from your record according to the current law, a reckless driving charge can be expunged five years past your completion of the six-month probationary period. Also, certain criminal charges, including reckless driving, are eligible for judicial diversion.

Judicial diversion is a form of probation for first-time, non-violent offenders. It enables the charges against the offender to be diverted for a predetermined period as soon as the defendant confesses their guilt and agrees to the judge’s given conditions. The defendant’s sentence is not executed if they can accomplish their probationary period successfully. Take note, however, that offenders who have been convicted of a Class A misdemeanor or a felony are not eligible for judicial diversion.

It’s also crucial to note that any violation of the judicial diversion requirements will result in the court issuing a warrant for your immediate arrest. It will also likely revoke your diversion, convict you of the original offense, increase your probation requirements, and add more jail time.

(This article taken from www.crainlawtn.com )

Felony Vs Misdemeanor

mbrock1963@aol.com (Mike Brock) — Fri, 16 Feb 2024 16:13:46 GMT

Felony vs misdemeanor: whats the difference?

When facing criminal charges, it is crucial to understand the difference between a felony and a misdemeanor, as well as the potential consequences of each.

1. DEFINING FELONIES AND MISDEMEANORS IN TENNESSEE

In Tennessee, crimes are classified as either felonies or misdemeanors. Felonies are more serious offenses that carry a potential prison sentence of one year or more, while misdemeanors are less severe crimes punishable by less than one year in jail. Some examples of felonies include murder, rape, and robbery, while misdemeanors can include offenses such as shoplifting, DUI, and simple assault.

2. THE IMPACT OF A FELONY OR MISDEMEANOR CONVICTION ON YOUR LIFE

Both felony and misdemeanor convictions can have lasting consequences on your life. Some of the potential impacts of a criminal conviction include:

Loss of employment opportunities
Difficulty obtaining housing
Loss of professional licenses
Difficulty obtaining loans or financial aid
Loss of voting rights (for certain felonies)
Loss of the right to possess firearms (for certain felonies)

Because of these potential consequences, it is essential to consult with an experienced criminal defense attorney if you are facing felony or misdemeanor charges.

3. NAVIGATING THE LEGAL SYSTEM: PLEA BARGAINS AND TRIALS

If you are charged with a felony or misdemeanor, you may have the option to accept a plea bargain or proceed to trial. A plea bargain is an agreement between the defendant and the prosecutor in which the defendant agrees to plead guilty to a lesser charge in exchange for a reduced sentence. This can be a beneficial option for some individuals, as it can result in a lighter sentence and a quicker resolution to the case.

However, accepting a plea bargain means giving up your right to a trial, where you have the opportunity to present evidence and argue your case before a judge or jury. It is essential to consult with a knowledgeable criminal defense attorney to determine the best course of action for your specific situation.

4. EXPUNGEMENT: CLEARING YOUR CRIMINAL RECORD

In some cases, individuals with a criminal conviction may be eligible for expungement, a process that removes the conviction from their criminal record. Expungement can be a valuable option for those who have completed their sentence and are looking to move forward with a clean slate. However, not all convictions are eligible for expungement, and the process can be complicated. It is essential to consult with an experienced attorney to determine if expungement is an option for you.

(This article taken from www.crainlawtn.com )

First DUI

mbrock1963@aol.com (Mike Brock) — Wed, 14 Feb 2024 17:39:31 GMT

Steps to take after getting your first DUI

STEPS TO TAKE AFTER GETTING YOUR FIRST DUI |

Getting arrested for a DUI is an immensely serious offense because of the potentially harsh repercussions that come with it, and this applies even to a first DUI offense. If you or a loved one has been arrested for or charged with a first DUI in Tennessee, you must know the proper steps to take to protect your rights. If you have yet to discuss your case with our Tennessee DUI defense lawyer, here’s what you can do to increase your chances of securing the best possible outcome for your DUI case.

ORGANIZE YOUR EVIDENCE AND ANYTHING RELATED TO YOUR DUI CASE

Winning a DUI case will require proper evidence. Make sure to:

Collect receipts, such as photos, videos, text messages, social media posts, or actual receipts from purchases from the day of your arrest to document exactly what you were doing that day before you got arrested. Note the places you went that day and where you were going when you were stopped by the police. Your Tennessee DUI defense lawyer will review everything (and maybe look for more evidence via their own investigation) to see what they can use to strengthen your DUI defense.
Remember that memories fade over time, so record or list down anything you can recall about the day of your arrest and your interaction with the police. No matter how insignificant it may be, it will be up to your lawyer to determine if it can help your case.
Take note of everyone you interacted with or talked to before, during, and after your DUI arrest. If possible, get their names and contact information.

TALK TO A TENNESSEE DUI DEFENSE LAWYER ABOUT YOUR CASE

In most cases, a first DUI offense in Tennessee will be charged as a misdemeanor. However, you can be charged with a felony, even for a first DUI offense or if you seriously injured or killed another person.

The penalties for a first DUI offense conviction include administrative and criminal consequences, including:

48 hours minimum jail time and up to 11 months 29 days in jail
Mandatory participation in alcohol or drug treatment classes
License revocation for one year
Restitution to anyone you harmed during the DUI incident
Ignition Interlock Device (IID) installation

Apart from the mandatory fine of $350 to $1,500, a DUI conviction also comes with related expenses for bail, court costs, towing or impound fees, IID installation, DUI education classes, legal fees, probation fees, and higher auto insurance rates.

Talking to a Tennessee DUI defense lawyer as soon as possible after getting a DUI is crucial. Your lawyer can negotiate for reduced charges, such as reckless driving instead of DUI, or have your case dropped due to insufficient evidence, unlawful arrest protocols, or other defenses that may apply to your case.

(This article taken from www.crainlawtn.com )

DUI Overview

mbrock1963@aol.com (Mike Brock) — Fri, 09 Feb 2024 17:55:48 GMT

DUI overview in Tennessee

Consuming alcoholic beverages as an adult (21yrs and older) is perfectly legal and socially acceptable. However there are legal limits to the amount of consumption and then operating a vehicle in the state of Tennessee. While a small amount of alcohol may be relaxing, too much can easily put you over the limit and you could be classified as legally intoxicated. Social drinking can be a form of relaxation, but those limits can be easily abused. If you exceed those limits and become legally intoxicated, operating a vehicle in an intoxicated state can lead to serious and embarrassing problems if you are arrested and charged with a DUI offense.

Being arrested for Driving Under the Influence (DUI) is a serious charge that could result very harsh penalties. Whether you are being charged as a first time offender or have had other similar offenses, you will need the help of an experienced DUI attorney in Nashville, Tennessee to fight for your innocence and avoid the many penalties associated with a DUI arrest.

New DUI Penalty Legislation

Beginning in January of 2011, there was new legislation regarding DUI arrests that are pending trial. When you have made bond there is a possibility that you may be required to endure specific conditions of your bond while awaiting a hearing in your case including one, or a combination of the following:

Ignition Interlock Device
The Ignition Interlock Device is a mechanism which is installed to your vehicle’s dashboard and requires you to exhale into it before you are able to start the vehicle. It operates like a breathalyzer to determine the level of your blood alcohol and if found in excess of a certain limit will disable your vehicle from starting.

The device can also intermittently require more breath samples while you are operating the vehicle to ensure compliance with the legal limit and to ascertain that the driver is the same operator who gave the initial sample before starting the vehicle. If the new test exceeds the limit, your vehicle’s horn will sound and lights will flash until the ignition is turned off or a clean sample is given.

SCRAM Bracelet and Testing
The SCRAM bracelet is a device that monitors the alcohol content of your blood. It is designed to provide for continuous alcohol monitoring and to ensure that the wearer remains under house arrest. It registers an average of 48 alcohol tests daily and transmits all data to a central data system at least once during the day.

Some DUI charges require a person to submit to a weekly mandatory test to screen for excesses in blood/urine samples for drugs and/or alcohol. These conditions of bond are being required under the new law for offenders charged with a second DUI offense or more.

These restrictions and regulations are being enforced between the charges made and bond secured to the actual trial or until such time that the charges may be resolved by a plea. There are some instances where you may get relief of these conditions of bond by filing a Motion with the Court prior to your trial date. Our attorneys can help you determine your eligibility for such pre-trial Motions.

(This article taken from www.nashvillecriminalattorney.com )

DUI And Seizure Of Vehicle

mbrock1963@aol.com (Mike Brock) — Tue, 06 Feb 2024 14:02:17 GMT

Can my vehicle be seized for DUI in Tennessee?

Yes. In Tennessee, you can actually LOSE YOUR VEHICLE for Driving Under the Influence. The requirements are very specific. If you are convicted of two DUI offenses, that occurred within 5 years of each other, and one of them was committed on or after January 1, 1997, your vehicle is subject to forfeiture.

One of the requirements is that “only POST certified” police officers (commissioned by the State of Tennessee) can initiate a forfeiture warrant under this section.

The purpose of this statute was intended to be “remedial measures” and NOT punishment. The intent of the forfeiture statute of a vehicle after a second or subsequent DUI is to prevent “unscrupulous or incompetent persons” from driving on Tennessee’s highways while under the influence of alcohol or drugs.

Below I have quoted the actual TCA code on this issue. It is found at TCA 55-10-403(k).

(k) (1) The vehicle used in the commission of a person’s second or subsequent violation of § 55-10-401, or the second or subsequent violation of any combination of § 55-10-401, and a statute in any other state prohibiting driving under the influence of an intoxicant, is subject to seizure and forfeiture in accordance with the procedure established in title 40, chapter 33, part 2. The department of safety is designated as the applicable agency, as defined by § 40-33-202, for all forfeitures authorized by this subsection (k).

(2) In order for subdivision (k)(1) to be applicable to a vehicle, the violation making the vehicle subject to seizure and forfeiture must occur in Tennessee and at least one (1) of the previous violations must occur on or after January 1, 1997, and the second offense after January 1, 1997, occurs within five (5) years of the first offense occurring after January 1, 1997.

(3) It is the specific intent that a forfeiture action under this section shall serve a remedial and not a punitive purpose. The purpose of the forfeiture of a vehicle after a person’s second or subsequent DUI violation is to prevent unscrupulous or incompetent persons from driving on Tennessee’s highways while under the influence of alcohol or drugs. Driving a motor vehicle while under the influence of alcohol or drugs endangers the lives of innocent people who are exercising the same privilege of riding on the state’s highways. There is a reasonable connection between the remedial purpose of this section, ensuring safe roads, and the forfeiture of a motor vehicle. While this section may serve as a deterrent to the conduct of driving a motor vehicle while under the influence of alcohol or drugs, it is nonetheless intended as a remedial measure. Moreover, the statute serves to remove a dangerous instrument from the hands of individuals who have demonstrated a pattern of driving a motor vehicle while under the influence of alcohol or drugs.

(4) Only P.O.S.T.-certified or state-commissioned law enforcement officers will be authorized to seize these vehicles under this section.

(This article taken from www.nashvillecriminalattorney.com )

Illegal Weapon

mbrock1963@aol.com (Mike Brock) — Fri, 02 Feb 2024 14:33:23 GMT

How do the police know a weapon is illegal?

Police officers follow specific procedures to determine if a weapon they encounter is legally owned. Understanding the key factors that help police identify illegal weapons can help you protect yourself and your family from potential complications.

There are a few ways that law enforcement can verify the status of a weapon.

Sales and registration database

Federal firearm laws require sellers to keep records of firearm sales and transmit them to the state police or other regulatory authorities for long-term recordkeeping. Some states keep long-term records of long-gun sales as well as handguns. While these databases are not intended as records of ownership, they do identify the individual who purchased the firearm.

Additionally, many states require firearm registration with local authorities. Law enforcement can search the firearm sales and registration records to identify any weapons purchased by or registered to an individual.

Serial numbers

Any firearm manufactured legally has a serial number imprinted on the body. This serial number is a unique identifier that police can use to track the ownership or purchase history of a specific weapon.

When a firearm is missing the serial number, it raises concerns about the weapon’s legality. Altering or eliminating serial numbers on a firearm can lead to significant legal charges and strict penalties.

Individual status

Sometimes individuals cannot legally own a firearm. Certain situations can lead to firearm ownership prohibitions, including:

Felony convictions
Domestic violence
Restraining orders
Severe mental health issues

Police can verify legal ownership eligibility to ensure that a firearm’s ownership is valid and legal.

Pew Research reports that more than 40% of adults in America have a firearm in their household. If you or anyone in your home owns a firearm, keep any records that verify the weapon’s legal status.

(This article taken from www.thomasovertonlegal.com )

Tax Mistakes

mbrock1963@aol.com (Mike Brock) — Fri, 26 Jan 2024 18:19:32 GMT

Tax mistakes are not a crime

If someone ever tells you that they’re nervous to do their taxes, what they’re really telling you is that they’re worried they might make a mistake. Unlike many other developed countries, the United States still makes its citizens do their own taxes, rather than simply telling them what they owe or taking the money out of their paychecks upfront, and that leaves the door open for untrained professionals to make some serious inadvertent errors.

However, you do not need to worry about criminal ramifications if you make a mistake. An error is not the same as a tax crime.

You must have the intent to defraud the government for your actions to be criminal

The biggest key is intent. For something to be a criminal action in a tax setting, there has to be an intent to report the taxes improperly and avoiding paying. If you make the same error and pay too little in taxes, but without any intent to deceive, it’s not a crime.

Think of it this way: Your records show that you made $100,000 last year. You report earnings of $50,000 because you want to be in a lower tax bracket. That’s potentially a criminal act. On the other hand, if you misplace some of your paperwork and accidentally leave out $10,000 in earnings, that’s just a mistake. You thought you had everything accounted for, but the process was complex and some of the documents slipped through the cracks.

(This article taken from www.thomasovertonlegal.com )

DUI Leading To Death Or Injury

mbrock1963@aol.com (Mike Brock) — Mon, 22 Jan 2024 18:25:55 GMT

What are the penalties for a DUI leading to death or an injury?

Driving under the influence is a serious offense that can have severe consequences, especially when it leads to injury or death. The legal system imposes strict penalties to deter individuals from making irresponsible choices and endangering lives on the road.

Understanding the details of these penalties can help you defend yourself appropriately if you are facing DUI charges.

DUI causing injury

If a DUI results in injury to another person, the consequences will be more severe than if police officers arrest you during a routine stop. Offenders may face criminal charges, including felony charges in some jurisdictions. Felony convictions carry harsher penalties compared to misdemeanors.

In addition to fines and mandatory alcohol education programs, individuals convicted of DUI causing injury may receive a lengthy prison sentence. The exact length of imprisonment varies depending on the severity of the injuries and the offender’s previous criminal record.

DUI causing death

The gravest consequence of a DUI is when it leads to the death of another person. In such cases, legal consequences become even more severe. Offenders can receive a charge of vehicular manslaughter or homicide. This may lead to harsh sentencing, often culminating in life in prison.

Ignition interlock devices

Some jurisdictions require DUI offenders, especially those involved in injury or death cases, to install ignition interlock devices in their vehicles. These devices require the driver to pass a breathalyzer test before starting the vehicle. This measure aims to prevent individuals from driving under the influence again.

Restitution to victims

In cases involving injuries or fatalities, the court may order the DUI offender to pay restitution to the victims or their families. This financial compensation will cover medical expenses, funeral costs and other damages resulting from the incident.

Statistics indicate that an average of 37 people per day die in drunk-driving crashes. While getting behind the wheel after a few drinks might be a seemingly minor lapse in judgment, it can lead to devastating outcomes with life-changing consequences.

(This article taken from www.thomasovertonlegal.com )

Tax Evasion

mbrock1963@aol.com (Mike Brock) — Fri, 19 Jan 2024 19:06:29 GMT

What is tax evasion and what are the possible consequences?

Income taxes are a fact of life for everyone earning income while living in the United States. Employers generally withhold money from every paycheck they issue to their workers to contribute toward their estimated annual tax obligations. Independent contractors and other self-employed professionals will withhold funds on their own behalf and send quarterly estimated payments. People even need to pay taxes on their capital gains from investments.

Most people make an effort when filing their tax returns to minimize what they pay and to maximize the value of any refund that they might potentially receive. They may claim every credit they can and even catch-up contributions to their retirement savings to help reduce their taxes due. The avoidance of taxes is perfectly legal, but some people will cross the line into tax evasion, which might put them at risk of prosecution.

What is tax evasion?

Attempts to minimize tax payments that violate the law or constitute fraud could lead to allegations of tax evasion. Someone claiming tax credits for which they do not qualify is one form of tax evasion. Intentionally underreporting personal income or seeking cash payment for work to avoid reporting it entirely are another form of evasion. Hiding assets that are subject to taxation, such as international bank accounts, could also lead to accusations of tax evasion. If the Internal Revenue Service (IRS) discovers a discrepancy between the assets and income reported to the IRS and the tax return of an individual, they may audit that person or ask federal prosecutors to bring charges against them.

What are the penalties for tax evasion?

If the federal government prosecutes someone for tax evasion, a guilty plea or conviction could carry major consequences. Tax evasion is typically a felony offense. The possible penalties include up to five years in prison and fines that could amount to $250,000. Additionally, the federal government will require that the person prosecuted pay for the costs of their time in court. Those costs are all in addition to the tax debt someone may owe and the penalties and interest that the IRS can assess.

Seeking legal guidance to learn more about tax evasion and the possible penalties it carries might help people better respond to allegations of intentional underpayment of their tax obligations.

(This article taken from www.bfhelaw.com )

Criminal Accusations

mbrock1963@aol.com (Mike Brock) — Fri, 05 Jan 2024 18:50:12 GMT

Affirmation defenses to criminal accusation

According to the Tennessee Bureau of Investigation, the state had over 505,000 crimes committed from January 1 to December 4, 2023. Facing criminal charges can be a daunting experience.

Affirmative defenses offer individuals the opportunity to present evidence that could excuse or justify their actions. There are various options under the state law for such claims.

Self-defense

If an individual reasonably believes that the use of force is necessary to protect themselves or others from imminent harm, they may invoke self-defense. However, this is typically not straightforward. The actions of the person must be proportional to the perceived threat. There also has to be reasonableness of the belief that such force was necessary.

Voluntary intoxication

Voluntary intoxication, while not a complete defense, can be a mitigating factor in certain cases. If an individual was involuntarily intoxicated or did not have the capacity to understand the consequences of their actions, it may be an affirmative defense.

Mistake of fact

Mistake of fact is a defense that comes into play when an individual reasonably believes certain facts that, if true, would justify their actions. For example, if someone mistakenly believes they are defending themselves from an immediate threat, this mistake of fact may be a defense.

Consent

If an individual can demonstrate that the alleged victim gave voluntary and knowing consent to the actions in question, it may be a valid defense in certain cases. For example, a person may defend against a theft charge by saying the alleged victim gave permission to take the item in question.

It is important to note that affirmative defenses require careful consideration of the specific circumstances surrounding the alleged criminal activity. These defenses are not one-size-fits-all solutions, and their applicability depends on the details of each case.

(This article taken from www.levittandlevittlaw.com )

Roadside Breath Test

mbrock1963@aol.com (Mike Brock) — Fri, 22 Dec 2023 18:16:54 GMT

Roadside breath test: What you should know

When a law enforcement officer asks you to submit to a roadside breath test, you may feel anxious and alarmed. Facing a driving while driving charge is daunting and overwhelming. You may think that the reading obtained from the breath test device is enough to charge and convict you of a DUI. There are some things to keep in mind when evaluating the accuracy of breath test devices.

Studies from the State University of New York at Potsdam found that blood alcohol content levels obtained from breath test devices differed from those obtained from actual blood tests by at least 15%. This discrepancy may be enough to wrongfully charge someone with a DUI. In fact, one in four people who take a roadside breath test will have inflated results.

The machines obtain blood alcohol content levels by detecting methyl structures in exhaled breath samples. There are other substances that also have methyl structures that the breath test devices may detect, including the following:

Temperature and relative humidity of the air
Smoke, fumes and dirt in the air
Fumes from cleaners, gasoline and cigarettes
Residual blood, vomit, food and drink left in the mouth

In one test, a subject was asked to apply contact cement for an hour, then gave an exhaled breath sample 20 minutes later. The subject’s BAC level read 0.12, which is over the legal limit, even though he did not consume any alcohol.

Other issues arise, such as whether law enforcement officers have calibrated the devices properly and routinely. Furthermore, the officer administering the test must know how to use the device correctly. Law enforcement should consider all of these factors before charging someone with a DUI.

(This article taken from www.patrickmcnallylegal.com )

Suspicion Of DUI

mbrock1963@aol.com (Mike Brock) — Fri, 15 Dec 2023 18:42:45 GMT

Suspicion of DUI: What should you do?

If you’re stopped for suspicion of DUI, it’s important that you take every step you can to protect your legal rights. Here’s a basic outline of what you should do:

Quickly pull to a safe place : Once you realize the officer is stopping your vehicle, quickly find a safe place to park. For example, if you’re on the highway, search for a safe place on the shoulder of the road.
Put your hands on the wheel and stay in your vehicle : Don’t become so anxious that you begin to shuffle around the cabin or open your door to confront the officer. Not only does this look suspicious, but the officer may assume they’re in danger.
Don’t say too much : You may have an idea of why the officer pulled you over, but you shouldn’t admit to such. If asked if you know what you did wrong, a simple “no” is the best answer. The more you say, the more likely you are of slipping up.
Don’t resist arrest : As the officer digs deeper, they may eventually come to the conclusion that you’re under the influence of alcohol. For example, this could result from a failed field sobriety test. If you’re put under arrest, keep calm and follow directions. Resisting or talking back won’t make things any better. In fact, it can result in additional criminal charges, which only complicates your case.

DUI charges are very serious, as a conviction can result in a large fine, license suspension and even jail time.

(This article taken from www.patrickmcnallylegal.com )

The Fifth Amendment

mbrock1963@aol.com (Mike Brock) — Fri, 08 Dec 2023 18:35:26 GMT

How much do you really know about the fifth amendment?

Most everyone has some idea of what “pleading the Fifth” means. They’ve seen people do it hundreds of times on the various incarnations of Law & Order and seen or heard people do it in real-life legal proceedings. The idea that a person shouldn’t be forced to incriminate themselves dates back to the very earliest founders of our country — people who had seen what happens when defendants aren’t given that kind of protection under the law and are forced to confess to whatever they are suspected of doing (even when they weren’t guilty).

Here’s what you should know about the rights you have under the Fifth Amendment — and the ones you do no:

You have the right not to testify in your own criminal trial. However, if you do testify, you can’t choose to answer some questions but plead the Fifth to others. Once you’re under oath, you’ve waived your right to invoke the Fifth Amendment throughout the proceedings.
Witnesses to a crime generally have no right to refuse to testify. If you’re subpoenaed to be a witness in a criminal legal proceeding, you can’t decline to testify or to answer the questions posed to you unless doing so would incriminate you of a crime (either involving the crime at hand or an unrelated one).
The right against self-incrimination applies only to “communicative evidence,” according to a U.S. Supreme Court ruling. It doesn’t mean that you can refuse to have your DNA (such as blood or saliva), fingerprints or other evidence collected.

While many people assume that a person must be guilty of some criminal wrongdoing if they take the Fifth, that’s not necessarily the case. That’s why jurors in criminal cases are instructed not to consider a defendant’s refusal to take the stand as an indication of guilt. In a 2001 case, the Supreme Court ruled that “a witness may have a reasonable fear of prosecution and yet be innocent of any wrongdoing. The [Fifth Amendment right against self-incrimination] serves to protect the innocent who otherwise might be ensnared by ambiguous circumstances.”

The Fifth Amendment is also what gives you the “right to remain silent” if you’re arrested. It’s always wise to talk with an attorney if you’re in that situation as well as about whether or not it’s in your best interests to testify in any criminal proceeding you may be facing.

(This article taken from www.patrickmcnallylegal.com )

Speeding

mbrock1963@aol.com (Mike Brock) — Fri, 17 Nov 2023 19:28:32 GMT

Does speeding save time?

“I was running late” is probably the most common excuse drivers give when they are caught speeding. Someone has somewhere to be, they don’t think they’re going to make it, so they drive as fast as possible to try to save time.

This is dangerous. If a rushing driver does have an accident, the damage they cause is likely to be worse due to their increased speed and the energy of the crash. The odds of an accident are also increased because a speeding driver has less time to react to problems in the road or stop their vehicle.

Why don’t drivers slow down?

Just telling people to slow down does not always get them to comply. We live in a society where being on time is seen as very important. Drivers may take on the risks if they think they can save some time.

Speeding is not worth it

The worst part about speeders is that they’re buying into a fallacy that they’ve told themselves.

When you run out the math, you see that the time savings are minimal. We’re talking about a couple of minutes. If a driver is half an hour late for an appointment, they’re simply not going to make it by shaving two or three minutes off their drive.

Plus, they may lose all of that time at the stoplights. If a driver flies by someone at 15 MPH over the limit and then has to wait at the next red light, they could very well still be waiting at the light when the slower driver pulls up.

Accidents happen when driver speed

Unfortunately, people are going to keep speeding, despite the fact that it doesn’t make any sense to do so. This is going to cause accidents. If you get injured in a crash someone else causes, you may be able to see compensation for your injuries and losses. Speak to an experienced advocate about how best to pursue your claim.

(This article taken from www.levittandlevittlaw.com )

Domestic Abuse And Impact On Life

mbrock1963@aol.com (Mike Brock) — Wed, 15 Nov 2023 18:31:42 GMT

How a domestic abuse charge could affect your life

Domestic abuse cases seem to be climbing throughout the United States. In Tennessee’s Knox County, authorities say domestic violence cases have been on the rise there since the COVID-19 pandemic. Knox County law enforcement officials report they now receive 911 calls every 30 minutes pertaining to domestic violence.

Closer to home, a Hamilton County sheriff’s deputy found himself with similar legal troubles, facing two charges in separate incidents. If the deputy’s February 5 arrest for domestic assault was not enough, he was arrested again 10 days later in Hixson for violating a no contact order. Anyone in these predicaments may wonder what to expect on the legal and personal fronts.

Damage to reputation, kicked out of home

Domestic assault charges and accusations are fraught with many ramifications. Incarceration, probation, fines and restitution are among the most obvious ones. And what if your estranged spouse or partner has falsely accused you? Here are a few other things that could occur:

Tarnished reputation: Your standing in the community, among relatives and within your professional circles could drop significantly. Some relationships could end as a result, and some job opportunities could disappear.
Kicked out of your home: With a restraining order in place, you likely could not return to your home. In situations such as retrieving personal belongings, you may do so if accompanied by law enforcement.
No contact with the victim: Courts likely would order you not to contact the victim in any way. That includes in person at their home as well as workplace. Other communication methods that could get you in trouble include phone calls, letters, texts and contact through social media. As in the case of the Hamilton County deputy, such actions lead to new criminal charges.
Limited contact with your children: Your visitation rights could hit a snag as the result of a domestic assault charge. Under strict supervision from authorities, you could try to maintain relationships with your children.
Loss of rights to own or possess a weapon for the rest of your life.

Blaming COVID-19 for the surge in domestic violence cases may be a bit misleading. In many cases, these situations arise due to a culmination of many issues. Being labeled an abuser is difficult to shake. Recovering from such accusations can be slow, but it is possible.

(This article taken from www.levittandlevittlaw.com )

Intoxicated Driving Tests

mbrock1963@aol.com (Mike Brock) — Mon, 13 Nov 2023 17:52:28 GMT

How officers in Tennessee test for intoxicated driving

Imagine a police officer in Tennessee suspects you are driving while intoxicated. After you step out of your vehicle, the officer will likely instruct you to perform three roadside tests.

Knowing what to expect during these exams may help you perform them better.

Walk-and-turn test

This test involves taking nine steps in a straight line. Feet must touch at the end of each step. Once you reach the ninth step, turn around and make nine more steps in the opposite direction.

Your arrest is possible if you stumble or your heels and toes do not connect. Officers also look for miscounting and using arms for balance.

One-legged stand test

For this evaluation, you must stand on one leg. While in this position, count out loud until you reach a specified number.

Law enforcement will look for any swaying or loss of balance. Skipping numbers and both feet touching the ground are other indications of inebriation.

Horizontal-gaze test

Alternative tests

Getting pulled over for suspicion of drunk driving is a tenuous situation. Follow the instructions and tests that a representative of the law asks you to perform.

(This article taken from www.levittandlevittlaw.com )

Arrested for Public Intoxication

mbrock1963@aol.com (Mike Brock) — Fri, 10 Nov 2023 19:00:36 GMT

When might there be an arrest for public intoxication

Keys to being charged with public intoxication

Avoiding consequences of public intoxication may require professional advice

(This article taken from www.levittandlevittlaw.com )

Police Decision Making

mbrock1963@aol.com (Mike Brock) — Fri, 03 Nov 2023 17:02:12 GMT

The significance of police decision making

Quick thinking is a necessary skill for police officers. However, police are only human and do not always make appropriate decisions. Hasty decisions can have consequences.

All too often, a police officer’s decisions reveal implicit biases. If you are facing criminal charges, you should understand how these biases can affect police decisions.

Bias in police decision making

People make decisions using two systems of thought. System one is intuition, a fast, automatic process. Intuition can be life-saving when there is little time to make a decision, but it often reflects implicit bias.

System two is slower, more logical and more deliberate. However, it does not completely guard against bias. While police officers in Chattanooga receive implicit bias education as part of their training, bias is insidious because most people do not realize they have it.

Why police decision making matters

Police make decisions every day that affect the public. They decide which cars to pull over, what questions to ask and whether to conduct searches.

When implicit bias influences these decisions, they can have unfair consequences for you. For example, implicit bias may cause an officer to search you or your property without probable cause, or it may influence the officer to take a witness’ word over yours.

If you are facing criminal charges, it may seem as though the evidence against you is airtight. However, if the police obtained the evidence without following appropriate procedures, it might be inadmissible in court. If you believe that bias affected the officer’s decision-making, you may be able to fight the charges.

Police officers make decisions using the same processes and biases as civilians. It is important to understand how these processes impact decision-making and the effect they can have on your case.

(This article taken from www.levittandlevittlaw.com )

Juvenile Crimes

mbrock1963@aol.com (Mike Brock) — Fri, 27 Oct 2023 17:56:37 GMT

Understanding how Tennessee treats juvenile crimes

Juvenile crime consists of a wide range of offenses, and Tennessee judges sentence young offenders to some of the most severe penalties in the country. However, the court uses various factors when determining how to proceed after your child’s violation.

These factors are essential for understanding the penalties your child potentially faces.

The type of offense

Juvenile offenses typically fall under two categories. First, a status offense is illegal primarily because it involves offenders under age 18. However, the same behavior would not be unlawful for an adult. Status offenses include truancy, possessing or smoking cigarettes and alcohol use.

Delinquency offenses are illegal regardless of the offender’s age. These include theft and shoplifting, assault and battery, illicit drug possession and use, trespassing and vandalism, disorderly conduct and handgun possession.

The severity of the offense

Status offenses involve a probationary period during which your child must agree to refrain from continuing the same or similar behaviors and possibly undertake community services and other forms of rehabilitation. However, probation violations may prompt a judge to give the Tennessee Department of Children’s Services custody of your child.

Delinquency offenses are either misdemeanors or felonies. According to a judge’s discretion, children who commit misdemeanors must undergo rehabilitation at facilities specializing in behavioral issues.

Children who commit felony crimes, including armed robbery, aggravated assault or murder, typically undergo minimum six-month stays in a state or privately-operated high-security facility, where the staff monitors and counsels them. However, Tennessee imposes the harshest penalty of 51 years in prison for first-degree murder, which is the same for adults.

A juvenile crime conviction can impact your child’s future, including education choices, job prospects, and financial security. For this reason, petitioning the court to expunge qualifying offenses from your child’s record is critical.

(This article taken from www.levittandlevittlaw.com )

Juveniles And Police

mbrock1963@aol.com (Mike Brock) — Tue, 24 Oct 2023 16:43:03 GMT

Police lying to juveniles: facts parents should know

It is perfectly legal for police to lie to you to get a confession. This is true in 48 states, including Tennessee. According to a 1969 Supreme Court ruling, the police may use false statements or deceptive means to gain a confession.

As a parent, understanding the facts about these coercive tactics can help you prepare your child if he or she faces police questioning.

What is the impact of police lying to juvenile suspects?

To compel a confession or encourage a suspect to implicate others, police often lie about DNA, fingerprints, confessions of co-defendants and other evidence. They may also fabricate stories about what will happen if the suspect does not confess.

Such lies can easily lead to false confessions, and young people are much more likely to give false confessions than adults. In fact, Psychology Today reports on an experiment in which juveniles were 27% more likely to falsely confess. This number rose to approximately 60% when the children saw fake evidence of their guilt. According to the Innocence Project, among its exonerees, nearly 35% of those with childhood convictions falsely confessed, compared to only 10% of convicted adults.

Why are juveniles so vulnerable to police deception?

Children and teens are more likely to confess to a crime they did not commit because their brains have not finished developing. This means that, when placed under pressure, your child may not yet have the ability to consider long-term consequences and make sound judgments. Further, children often feel they must comply with authority figures.

Though many states are working to change deceptive police practices, for now, law enforcement can lie to your child in Tennessee. Helping your child understand the types of deceptions the police might use may prevent a false confession.

(This article taken from www.levittandlevittlaw.com )

Felony Drug Charge

mbrock1963@aol.com (Mike Brock) — Fri, 20 Oct 2023 17:30:39 GMT

Five Ways A Drug Charge Can Turn Into A Felony

While it may seem like a simple drug charge, any type of offense may come with serious outcomes.

Many individuals are unaware of how easily drug-related crimes can escalate to felony status, even if the circumstances are unintentional.

1. Type of drug charge

The classification of your charge depends on various factors, including the type and amount of the drug involved. Possessing a controlled substance, such as marijuana, cocaine, or prescription drugs without a valid prescription, is typically a Class A misdemeanor for first-time offenders. However, if found in possession of a significant quantity of the substance, it can quickly turn into a felony charge.

2. Drug manufacturing or distribution

Engaging in drug manufacturing or distribution is a serious offense in Tennessee. Even some first-time offenses involving the production or sale of controlled substances are a felony, usually falling into the Class C or D felony categories.

3. Drug-free school zones

Tennessee has strict laws concerning drug offenses within drug-free school zones. If caught with drugs within 1,000 feet of a school, park, or daycare center, your charge can automatically become a felony, regardless of the type or amount of the substance involved.

4. Aggravating factors

Certain aggravating factors can significantly increase the severity of a drug charge. Being in possession of a firearm at the time of your arrest or trafficking drugs across state lines, for example, can result in your offense elevating to a felony.

5. Repeat offenses

Repeat drug offenders face harsher penalties in Tennessee. A second or subsequent drug offense is more likely classified as a felony, even if the initial charges were misdemeanors.

Every year, 1.16 million arrests involve possessing, selling, or manufacturing illegal substances. While every outcome is different, a conviction comes with long-lasting consequences.

(This article taken from www.levittandlevittlaw.com )

Avoiding Drunk Driving Conviction

mbrock1963@aol.com (Mike Brock) — Mon, 02 Oct 2023 16:05:15 GMT

Drunk driving: avoid a conviction with these steps

You wanted to have a good time out with coworkers, and you planned to stay sober that night. After a while, your thoughts changed. You thought you could get away with a single drink here and there and still have the ability to get home safely.

Around a block from your home, you saw an officer turn on his lights and head your way. He said your rear tail light wasn’t working, but then noticed that you smelled of alcohol. He asked you to take a field-sobriety test and to take a breath test, where you failed at the .08 percent limit.

What can you do now to protect yourself against a conviction for drunk driving?

1. Don’t incriminate yourself

The first thing that you should do is remember to stay quiet. Don’t tell the officer how much you had or suggest that you were out drinking. You have a right to stay silent and should to protect yourself. You can speak with your attorney and decide what you want to tell police.

2. Come to court with the right attitude

When you do need to go to a hearing or court date, look the part of a good citizen. Wear a suit or business casual, well-fitting outfit that is appropriate for the occasion. Show that you’re respectful of the judge and be on time. Just presenting yourself in a respectful way can have a positive impact on your case.

3. Question everything

It’s your attorney’s job to question every piece of evidence and to make sure the prosecution has it available for the court date. If the evidence goes missing or you can show that it was collected illegally, the prosecution’s case goes out the window. Likewise, you should question the officer’s reason for pulling you over, his or her training in sobriety tests and breath testing, and any other aspect of the arrest. There are many steps officers have to follow, and if your rights were violated, you’ll have a potential way to get the case dropped.

It is never easy to live with a DUI, so it’s in your best interests to do what you can to question the officer’s claims and to defend your reputation. A DUI conviction could impact your job, home life, schooling and other parts of your life, so it’s always best to do what you can to have that conviction taken off the table in court.

(This article taken from www.levittandlevittlaw.com )

DUI And Child Endangerment

mbrock1963@aol.com (Mike Brock) — Fri, 29 Sep 2023 15:51:53 GMT

Understanding child endangerment DUI charges

If you are found to be driving over the legal blood alcohol concentration (BAC) limit of .08 percent, you will be arrested and will face a DUI charge. It is up to you how you defend yourself against this charge.

How you are charged will depend on other factors.

Whether you caused injury as a result of your intoxicated driving
Whether there was a passenger in your vehicle who was under the age of 18
Whether you have been charged with DUI in the past

If there was a passenger under the age of 18 in your vehicle while you were driving over the legal limit, you will be accused of child endangerment and will face more serious charges. If you have been accused of child endangerment in Tennessee, it is important that you understand how the law works so that you can adequately defend yourself.

What is child endangerment under Tennessee law?

Child endangerment is defined as any DUI that occurred when a passenger in the vehicle was under the age of 18. This crime could lead to a Class D felony if the child suffers a serious injury, and a Class B felony if there is a child death. The driver of the vehicle could face between two and up to 30 years in jail if found guilty.

How are decisions made regarding the length of incarceration?

Many factors are considered when determining the length of the incarceration. The driver’s criminal history will be taken into account, and it is likely that the age of the child, as well as the BAC reading will be considered.

How can I defend myself against child endangerment?

Everyone has the right to defend themselves against a crime. It is important that you take action to challenge the charges as soon as possible.

(This article taken from www.levittandlevittlaw.com )

First DUI Penalties

mbrock1963@aol.com (Mike Brock) — Tue, 26 Sep 2023 16:51:19 GMT

Typical jail time and fines after first DUI arrest

Traffic patrol officers in Tennessee constantly watch for signs of intoxicated drivers. People pulled over on suspicion of drunk driving will generally be asked to take some type of sobriety or breath test. Failing a test will result in arrest. People who refuse to cooperate with a test will likely also end up in jail where authorities could insist on a blood or urine test to look for alcohol or drugs. As the criminal justice system processes people accused of intoxicated driving, first-time offenders can expect lighter sentences than those with previous records.

insist on a blood or urine test to look for alcohol or drugs. As the criminal justice system processes people accused of intoxicated driving, first-time offenders can expect lighter sentences than those with previous records. insist on a blood or urine test to look for alcohol or drugs. As the criminal justice system processes people accused of intoxicated driving, first-time offenders can expect lighter sentences than those with previous records. insist on a blood or urine test to look for alcohol or drugs. As the criminal justice system processes people accused of intoxicated driving, first-time offenders can expect lighter sentences than those with previous records.

(This article taken from www.levittandlevittlaw.com )

Jail Or Prison Releases

mbrock1963@aol.com (Mike Brock) — Fri, 22 Sep 2023 17:05:33 GMT

What are the types of release from jail or prison?

If you have been arrested in Tennessee you are no doubt starting to wonder what may happen to you. Depending upon the reason for your arrest and the circumstances of your case, including the presence of any prior offenses on your record, the results of your arrest may vary quite a bit. If you are eventually convicted of an offense, you may be required to spend some time in jail or prison. However, if this happens you should know that there are different options via which you may be able to get out of confinement early or avoid it altogether.

As explained by the Tennessee Department of Correction, some people are able to serve a probation sentence instead of spending any time in jail. In some cases, a defendant may be required to spend some time in jail or prison but then serve the remainder of a sentence out on probation. In addition to standard probation, there is a special type of probation called determinate release. This program is for people convicted of felonies with sentences lasting from 12 to 24 months. At least one third of the sentence must be served in jail.

Community corrections give defendants convicted of non-violent offenses the opportunity to participate in community programs instead of going to jail. There are some of these programs and sites run by counties, non-profits or other agencies. Parole may be granted to people, allowing them to get out of prison or jail earlier than originally planned.

This information is not intended to provide legal advice but is instead meant to give defendants in Tennessee an overview of some of the types of release from serving a jail or prison sentence that may be available to them.

(This article taken from www.levittandlevittlaw.com )

Heroin And Opioid Abuse

mbrock1963@aol.com (Mike Brock) — Wed, 20 Sep 2023 16:48:52 GMT

Heroin and opioid abuse in Tennessee

Tennessee residents who have been charged with drug crimes or other crimes in which drugs may have been a factor may know better than anyone else how serious the problem of drug addiction can really be. The effect these substances can have on the body and the mind can be extremely hard to combat which is why drug use may be associated with a negative, downward spiral for many people. Across Tennessee, there are many concerns about heroin and opioid abuse.

According to the Tennessee Bureau of Investigations, as many as 80 percent of all crimes in the state are somehow connected to drugs. The use of heroin is said to be on the rise in Tennessee and perhaps one of the biggest concerns about this is the inclusion of fentanyl, a potentially lethal synthetic opioid, with heroin. This drug is so strong that even contact with the skin can be fatal if the drug is in its pure state.

Of equal concern is prescription drug use and abuse. Of the five percent of people estimated to use opioid medications for non-medical reasons, as many as 70 percent of them received the drug from someone they know. The State of Tennessee indicates that Tennessee’s incidence of abuse of prescription medications is greater than the national average based on 2010 statistics.

Data from 2011 show that among people in state-run treatment programs, nearly 80 percent had some addiction to prescription drugs and another 17 percent were noted to be addicted to prescription drugs and heroin together. It is important for people to understand the hold that a drug can create on a person’s life.

(This article taken from www.levittandlevittlaw.com )

Tennessee And Pot Possession

mbrock1963@aol.com (Mike Brock) — Mon, 18 Sep 2023 16:50:14 GMT

Pot possession charges in Tennessee

Over the past several years, the national debate about the use of marijuana for medicinal as well as recreational purposes seems to have heated up and is definitely reflected in Tennessee. As residents watch eagerly what other states do, there is continued concern about how the state may prosecute people for simply possessing pot.

When it comes to the use of marijuana for medicinal purposes, the Marijuana Policy Project notes that the state has a rather odd law in place currently. Some people can qualify to legally use cannabis oil with minimal amounts of tetrahydrocannabinol in it. However, the oil is not able to be purchased in the state of Tennessee which forces people to be put in the very vulnerable positoin of buying it elsewhere and bringing it home to Tennesee. This effectively violates federal laws and puts people at risk of an arrest.

When it comes to the recreational use of marijuana, the state’s laws are a bit clearer even if they are not popular with everyone. NORML reports that criminal charges for the possession of pot are handled as misdemeanors in Tennessee.

Last year in fact, a law changed and actually reduced the penalties associated with third-time charges of pot possession in the state. Despite that, people convicted of even a first-time offense let alone subsequent possession charge may face time in jail as well as financial penalties. The same is also true if the possession is not for actual marijuana but pot-related paraphenalia, hash or concentrates.

(This article taken from www.levittandlevittlaw.com )

Getting Caught Driving High

mbrock1963@aol.com (Mike Brock) — Fri, 15 Sep 2023 18:36:11 GMT

Drivers do not think they will get busted for driving high

According to a poll by the AAA Foundation for Traffic Safety, the vast majority of Americans think it is unlikely that drivers will get caught driving while high on weed. Nearly 70 percent of respondents said they think it’s unlikely that drivers will get busted for drugged driving.

The AAA survey also found that in the past month, an estimated 14.8 million people have gotten behind the wheel within an hour of using marijuana.

As you undoubtedly know, driving while under the influence of marijuana in Tennessee can result in punishment that includes hefty fines, suspension or revocation of your driver’s license, mandatory drug education classes and more.

The AAA Foundation survey also found that 7 percent of Americans say that they do not think there is anything wrong with driving after recent marijuana use.

Nearly 14 percent of millennials said that in the past month, they have driven a vehicle within an hour of using weed. Ten percent of Generation Z members also acknowledged the behavior.

Eight percent of men said they drove within an hour of pot use in the past 30 days; 5 percent of women reported the same.

The Tennessee Public Affairs Director for AAA said, “Law enforcement officials are getting more sophisticated in their methods for identifying marijuana-impaired drivers and the consequences are not worth the risk.”

Those who are arrested for drugged driving or driving under the influence of alcohol should contact a Chattanooga attorney experienced in effective defense against drugged driving and DUI charges.

(This article taken from www.levittandlevittlaw.com )

Defense To Public Intoxication

mbrock1963@aol.com (Mike Brock) — Fri, 08 Sep 2023 16:29:29 GMT

Understanding the defenses to a public intoxication charge

Drunk driving is illegal in all states, of course. What many people do not realize is that being drunk and disorderly in a public place can be a crime.

If you have been accused of public intoxication in Tennessee, it is vital that you take the time to fully understand where the law stands on this. By doing so, you will be able to take the appropriate action by asserting your rights and defending yourself.

What is a public intoxication charge?

For a person to be charged with public intoxication, three elements must be proven beyond a reasonable doubt.

First, it should be shown that the defendant was under the influence of alcohol and drugs.

Second, they must have been present in a public place when they were under the influence.

Third, it must be shown that the defendant caused harm or disturbance to another person.

What are the most common defenses?

Defendants have legal options, because disproving just one of the elements is enough to have the charges dropped.

The first and perhaps the most obvious defense option is arguing that you were not intoxicated. You could argue that your behavior was a result of enthusiasm, joy or anger. You could also attribute your behavior to a specific condition that you have.

You may also be able to argue that you were not in a public place at the time the event took place. For example, if you were in your back yard when you were accused of causing an intoxicated disturbance, in theory, you were on private property.

You could also dispute the accusation that you caused a disturbance or harm. If there is no proof of the alleged actions, you may be able to successfully defend yourself.

If you have been accused of public intoxication in Tennessee, it is important that you do not waste time in taking action. By understanding the law and asserting your rights, you will have the best chance of defending yourself.

(This article taken from www.levittandlevittlaw.com )

Addictive Prescription Drugs

mbrock1963@aol.com (Mike Brock) — Wed, 06 Sep 2023 17:22:41 GMT

What are the common addictive prescription drugs

Tennessee residents who must take prescription medications may find themselves at risk of criminal charges if they ultimately develop an addiction to the drugs they are given. This may come in the form of a driving under the influence charge or another type of drug crime. What may have originated as a legitimate medical need may cause new problems for people in part because of the impact some drugs have on the brain.

WebMD explains that some drugs can literally change the way the brain works and is structured, therefore altering a person’s functioning and contributing to the development of an addiction. Basically this makes a drug addiction a type of disease of the brain.

According to Healthline, the most addictive medications fall into one of three categories: stimulants, depressants or pain-relieving opioids. Stimulants might boost a person’s energy or mental alertness by opening airways and increasing blood flow and heart rate. Examples of these drugs include the amphetamine Adderall and Ritalin.

Depressants on the other hand are used to calm or quiet the brain and central nervous system. Often prescribed for people with sleep problems or anxiety, examples of these addictive drugs include klonopin, xanax and valium.

Pain relief for acute or chronic conditions or needs is often achieved through the use of opioid medications. Codeine, oxycodone, percocet, demerol and darvocet are some of the most commonly used and most highly addictive forms of opioids. These may be needed to help reduce pain after surgery or manage an ongoing back injury or other situation.

(This article taken from www.levittandlevittlaw.com )

Fighting Drug Possession Charges

mbrock1963@aol.com (Mike Brock) — Fri, 01 Sep 2023 16:48:38 GMT

Yes you can fight drug possession charges

Tennessee has yet to get on board with the tide of drug decriminalization that is gaining momentum throughout the country. If you get caught with drugs on your person, in your vehicle or in your home in Tennessee, you will probably face criminal charges.

However, you can still fight those charges, and you should. Your future may suffer significantly if you receive a drug conviction, far beyond what a non-violent crime usually yields. Depending on the nature of the charges, you may have a number of defenses available, and you’ll need all of them. Drug charges are serious business in Tennessee, and those who receive convictions often find they continue to see the repercussions for years afterward.

If you or someone you know faces drug charges, you should begin building your defense as soon as you can. The state prosecution is already building its case to seek a conviction, and every day you wait to build a defense means the prosecution is a day further ahead. An experienced defense attorney can help you scrutinize the details of your arrest and determine how to build a strong defense that uses the strength of the law to protect your rights.

Was the arrest appropriate?

Police officers are required to follow specific procedures to ensure that they do not violate your civil rights. In some instances, an officer may violate a person’s civil rights by breaking with procedure during the arrest. If, for instance, you get pulled over and the police officer searches your vehicle without receiving your permission or citing cause, the officer may have searched your car illegally, and thus arrested you illegally.

You may similarly face arrest for drugs found in your home, whether they belong to you or not. In many instances, defendants may successfully argue that the drugs do not belong to them, if they can demonstrate that someone else may have left the drugs in the home. These are only some of the ways that an arrest may violate your rights.

Does the evidence withstand scrutiny?

Once you receive charges, the prosecution must still make a convincing case that you are guilty. This means that their evidence must bear out their allegations. One can test the evidence in a number of ways. For instance, it is possible to request that the drug evidence undergo laboratory testing to determine its composition.

First, this compels the prosecution to find and present the evidence for testing. Sometimes, drug evidence goes missing before it is used in trial, and the prosecution cannot actually produce it. Furthermore, the laboratory tests may indicate that the drugs themselves are not the drugs you face charges for possessing.

(This article taken from www.levittandlevittlaw.com )

Shoplifting Defense

mbrock1963@aol.com (Mike Brock) — Mon, 28 Aug 2023 16:44:36 GMT

Defending yourself against a shoplifting charge

When you are accused of engaging in petty theft in Tennessee, even the smallest incident can lead to a serious charge. It is common for many people in Tennessee to believe that stealing an item of small value from a store, for example, a packet of cigarettes or a couple of cans of beer, will not lead to any major circumstances. However, this can be far from the truth.

Stealing property, even if it is an item of very low value, can lead to serious consequences. This is because a successful conviction can result in having a theft conviction on your criminal record in Tennessee. This means that you may struggle to find work in the future, since many employers refuse to take on those who have stolen in the past.

What is shoplifting?

Shoplifting is defined under the law in a slightly different way to other forms of theft. It is the theft of an item that was commercial property, and that was intended to be sold. The crime itself typically includes the act of the offender trying to conceal the stolen item while attempting to remove it from the store.

The e e nclude the act of a person trying to remove or alter the price of an item so that he or she can dishonestly avoid paying the full price.

How serious is a shoplifting charge?

The seriousness of a shoplifting charge depends largely on the value of the items that were stolen, or that were subject to attempted theft. For the theft of an item of a very menial sum, such as a candy bar, for example, offenders will likely be subject to a Class A Misdemeanor. However, if a person in Tennessee is found to be trying to steal an expensive item, such as jewelry, they will likely be subject to a serious felony, and may face jail time.

If you have been accused of shoplifting in Tennessee, it is important that you understand the serious consequences that this could have on the rest of your life. Therefore you should research how your current situation and how the specific charges you face apply to the law in Tennessee.

(This article taken from www.levittandlevittlaw.com )

Marijuana Point Of Emphasis

mbrock1963@aol.com (Mike Brock) — Fri, 25 Aug 2023 18:01:32 GMT

Marijuana possession a point of emphasis for law enforcement

There were 659,700 people taken into custody for marijuana offenses in the United States in 2017. Of those, 599,282 were taken into custody for being in possession of the substance. This was an increase from 587,516 in 2016, and there are calls to reduce the amount of time and energy spent by law enforcement focusing on those who use the drug in Tennessee and other states where it has not been legalized.

A representative from the Marijuana Policy Project said that it wasn’t a good idea to focus on a drug that hasn’t killed anyone while opiods kill 100 people per day. Overall, there were 1,632,921 people taken into custody for drug crimes in 2017. There was a drug bust once every 19 seconds on average in the country during that year while a marijuana drug bust took place once every 48 seconds.

Individuals who are charged with drug possession could face serious consequences if convicted. Penalties may include jail time or a fine in addition to possible damage done to their personal or professional reputations. Whenever a person is charged with a crime, it may be a good idea to hire an attorney to help create a defense against the charge. Defense tactics may include casting doubt on a police report or a witness statement.

It may also be possible to argue that an individual was not in possession of an illegal substance when taken into custody. Alternatively, if a person didn’t know that the substance was illegal to possess, that may be enough to obtain a favorable outcome in a legal matter. A positive outcome may mean a full acquittal for a defendant, but it could also mean a plea bargain or receiving a suspended sentence.

(This article taken from www.levittandlevittlaw.com )

Involuntary Intoxication

mbrock1963@aol.com (Mike Brock) — Wed, 23 Aug 2023 16:48:41 GMT

Involuntary intoxication as possible DUI defense

All Tennessee drivers should know it is illegal and unsafe for them to operate a vehicle if their blood alcohol concentration (BAC) is over 0.08%. Drivers should track how much alcohol they have been consuming in the hours before they operate a vehicle.

Of course, it is best if drivers refrain completely from drinking alcohol if they intend to drive a vehicle after.

What is involuntary intoxication?

Drivers are assumed to have control of their actions, and therefore they are legally responsible if they break the law by drunk driving. However, if you can show that you were not in control of your actions, you may be able to have your charges dismissed.

For example, if you were at a bar and ordered a non-alcoholic cocktail, you would’ve believed you could drink as many as you wanted without getting drunk. However, if the drinks were spiked with alcohol and you were not aware of this, it is likely that you would have been over the legal drinking limit when you left the bar and got behind the wheel.

If you were suspected of drunk driving and flunked a Breathalyzer test, it’s likely the results surprised you.

How you react to being arrested is very important. First, you should hire an experienced attorney. He or she may want to bring the accuracy of the Breathalyzer test into question. Alternatively, there might be reason to suspect your drink was spiked at the bar.

(This article taken from www.levittandlevittlaw.com )

Addictive Prescription Drugs

mbrock1963@aol.com (Mike Brock) — Mon, 21 Aug 2023 16:47:11 GMT

What are some common addictive prescription drugs?

(This article taken from www.levittandlevittlaw.com )

Suspected Of Drunk Driving

mbrock1963@aol.com (Mike Brock) — Fri, 18 Aug 2023 18:05:07 GMT

What to do if you are suspected of drunk driving

If you make this mistake, there is always a chance an officer could spot your vehicle and pull you over.

This is what you should do if you are pulled over:

Move to safety as soon as possible: This is not a time to continue driving as if nothing is happening. The officer wants you to immediately move to the side of the road. By putting on your hazard lights, you acknowledge to the officer that you see him or her.
Wait where you are: Do not get out of your vehicle, take off your seat belt or start grabbing for your license and registration. Put your hands on the steering wheel, wait for the officer to arrive and then follow his or her instructions.
Be polite: You do not have to go overboard, but it is critical that you remain respectful and polite as you are discussing the situation with the officer. If you become aggressive or condescending to the officer, it will raise suspicions and all but guarantee that you will find yourself in trouble.
Do not say too much: If you are asked a potentially incriminating question, think about how much information you will share. It is best to keep your answers short and to the point. Saying too much could result in your arrest. Remember, you always have the right to remain silent.
Stay calm if the officer puts you under arrest: This is the last thing you want to happen, but it is a possibility if you have been drinking. Stay calm, do not say anything the officer could use against you in court, and follow instructions.

If you take these steps after being pulled over for suspicion of drinking and driving, you improve your chances of avoiding an arrest or conviction.

(This article taken from www.levittandlevittlaw.com )

Vehicle Searches

mbrock1963@aol.com (Mike Brock) — Wed, 16 Aug 2023 16:35:47 GMT

Are police allowed to search my vehicle?

After an arrest or with a warrant

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

(This article taken from www.levittandlevittlaw.com )

Is It Murder Or Manslaughter?

mbrock1963@aol.com (Mike Brock) — Mon, 14 Aug 2023 16:54:00 GMT

What is the difference in Tennessee between murder and manslaughter?

Criminal offenses related to the death of a human being are among the most serious charges. How does Tennessee differentiate between manslaughter and murder?

Murder involves intent

Although the consequences of both murder and manslaughter are the death of someone, murder requires that someone intentionally caused the death. Murder comes in multiple categories, including first-degree murder, which involves premeditation or planning.

For Tennessee prosecutors to convict someone of murder, they not only have to show that someone caused the death of another individual but also that they intended to do so. The exception to that rule may be second-degree murder charges, which could also involve a death due to the sale of illegal drugs.

Manslaughter scenarios can involve accidents

Like murder, manslaughter comes in multiple definitions. All of them involve the unintentional or unplanned death of another person. Causing a fatal car crash due to irresponsible behavior might be involuntary manslaughter because there was not intent to harm the other person.

Some forms of manslaughter are more serious than others. Voluntary manslaughter is the charge that is closest in nature to a murder offense. Someone accused of voluntary manslaughter will not have accidentally or unintentionally caused the death of another person. The circumstances of their offense could also lead to charges of murder. However, a moment of extreme passion or emotional intensity may have resulted in a temporary loss of rational thinking. Such circumstances, sometimes called crimes of passion, may lead to voluntary manslaughter charges rather than murder charges.

Anyone implicated in the death of another person should learn about the charges against them and the legal options for a criminal defense. Defeating murder or manslaughter charges requires support and strategy.

(This article taken from www.levittandlevittlaw.com )

How Intent To Distribute Is Established

mbrock1963@aol.com (Mike Brock) — Fri, 11 Aug 2023 17:34:18 GMT

Three ways that police and prosecutors establish intent to distribute

Defendants in such cases face serious consequences. How do the police establish the intent to distribute a drug?

Types of drugs

Having numerous types of drugs could cause the same suspicion. Most recreational drug users only use one or two substances; if police catch someone with multiple types of drugs, they might believe an intent to distribute exists.

Socialization

Police may surveil your residence or subpoena your phone records to show that you frequently interact with people you do not know.

Other items in your possession

Recognizing how the state establishes the intent to distribute drugs can help you fight back against pending drug charges.

(This article taken from www.levittandlevittlaw.com )

Potential Failed Breathalyzer Defenses

mbrock1963@aol.com (Mike Brock) — Mon, 07 Aug 2023 16:24:30 GMT

Possible defense options after failing a breath test

Many motorists assume that a failed breath test means an automatic conviction for driving under the influence, so they do not even try to defend themselves. But even if your breath test reads over the legal limit, there are options for fighting the charges.

The first thing to consider is the integrity of the test itself.

Has the equipment been properly maintained and calibrated?

The machines used for breath tests require maintenance and calibration for accuracy. Your attorney can request maintenance records to determine if the officer used faulty or poorly-maintained equipment.

Did the officer administer the test correctly?

Proper administration of a breath test is imperative. With dash cameras and body cameras gaining popularity in law enforcement, footage from the traffic stop can show if there was any deviation from the procedure that could negate your results.

Did you pass the field sobriety tests?

During a traffic stop for a suspected DUI, officers typically start with a field sobriety test, including reciting the alphabet, walking in a straight line and balance activities. If you passed the field sobriety test, it may cast doubt on the breath test results.

Was there a delay in testing?

If you were on the scene for half an hour or more before the test, you can argue that delayed absorption may have altered the test results and that you were not over the limit at the time of the stop.

A failed breath test does not lock in your case. Consider your options for challenging the charges.

(This article taken from www.levittandlevittlaw.com )

Money Laundering Charges

Fri, 04 Aug 2023 14:43:01 GMT

Why a money laundering charge should be taken seriously

Money laundering is a complex process involving many moving parts. It is a complicated type of white-collar crime, which can happen in various ways in various industries.

The government and private organizations take money laundering extremely seriously. There are many government regulations in place to prevent money laundering, and most organizations have anti-money laundering policies in place.

Potential money laundering penalties

There are major criminal penalties for money laundering, including prison time and high fines. If you are convicted of money laundering, you may never regain your career or good reputation, even after you’ve completed all of your sentencing requirements.

The complex nature of money laundering means people sometimes find themselves facing money laundering charges when they had no intention of deceiving or defrauding. Therefore, it is important to understand exactly what money laundering is and ways to defend yourself.

How money laundering works

In its simplest form, money laundering is making illegally gained money appear legal by running it through a legitimate financial system. There are three stages to money laundering:

Placement
Layering
Integration

Placement involves putting the illegally gained or “dirty” money into some type of legal financial resource, such as a business bank account. The illegal money then mixes with the legally obtained money through accounting methods or different transactions, which is known as layering.

Integration occurs when the layered money, or a combination of the legally and illegally gained money, is withdrawn and can be used. Money laundering can happen without these three steps or by only using one or two steps.

The technology revolution has increased the ways money can be laundered. The United Nations Office on Drugs and Crime estimates that global money laundering transactions make up 2 to 5% of global gross domestic product.

Defending against a money laundering charge

A money laundering charge must be proven, and the intricate details involved in money laundering mean that proving each element of the charge can be challenging. A conviction requires strong evidence, and there may be ways to attack that evidence.

A federal criminal charge like money laundering can rob you of your freedom and future. Experienced criminal defense attorneys understand this and can help explore potential defenses and minimize the chance of a negative outcome.

(This article taken from www.bfhelaw.com )

Assault Charges In Tennessee

mbrock1963@aol.com (Mike Brock) — Mon, 31 Jul 2023 16:54:07 GMT

What kinds of behavior could lead to assault charges in Tennessee?

However, there is nothing simple about basic assault charges. Many people across the state of Tennessee don’t understand how the state defines assault and therefore don’t understand what actions may put them at risk of an arrest for assault charges.

There are three different ways that a person could commit assault in Tennessee

The second way that Tennessee defines assault involved touching someone without their consent, especially in a rude, provocative, or inappropriate manner. The third definition of assault is likely the one that most people wind up surprised by.

Under Tennessee law, putting someone else in a state of fear for their own safety or the physical safety of others also constitutes assault. You could theoretically face assault charges for verbal threats or aggressive body language that led someone to believe you were going to harm them.

Regardless of the circumstances that lead to an arrest or charges related to assault, there will be opportunities to defend yourself, especially if harming another person was not your intention.

(This article taken from www.bfhelaw.com )

Law Enforcement Searching Home

mbrock1963@aol.com (Mike Brock) — Fri, 28 Jul 2023 17:21:51 GMT

Can law enforcement search your home for evidence of a crime?

If law enforcement officials in Tennessee suspect that you or your vehicle has been involved in a crime, they may request to search your vehicle for possible evidence of the alleged criminal activity. If the search is done lawfully, the evidence they find can be used against you in court. However, because of the protections provided by the Fourth Amendment of the United States Constitution, if an officer conducts an illegal search, any evidence found during the search will be inadmissible in court.

Where can an officer search?

Under the Fourth Amendment, you are protected from unreasonable searches and seizures in any place where you have a reasonable expectation of privacy (house, business office, purse, etc.).

When can an officer search?

If an officer has a valid search warrant signed by the judge, he or she can search the area specified in the warrant. However, there are exceptions that allow an officer to search without a warrant. Here are some examples of when officer can conduct a legal search without a warrant.

The officer has consent.
The officer has probable cause (reason to believe the suspect or the area has evidence of a crime).
The officer is protecting himself from harm during a lawful arrest.

While many officers respect suspects’ constitutional rights, there are some officers that are more than happy to violate those rights to get the evidence they need.

(This article taken from www.bfhelaw.com )

White Collar Charges

mbrock1963@aol.com (Mike Brock) — Mon, 24 Jul 2023 15:40:05 GMT

Just about anyone can face white collar charges

For most of us, the idea of financial fraud or white-collar criminal charges seems like issues other people face. However, the fact of the matter is, just about anyone could face white collar charges.

Wait, how?

Do you have access to Chattanooga, Tennessee, customer information? If so, at a minimum, you could face identity theft charges for any misuse of that information. Just do not just misuse customer information, right? Wrong. Even if you never intentionally misuse customer information, you could still face identity theft charges.

For example, if you leave your computer logged on, and someone else takes information from your computer, access can trace back to you. If you inadvertently drop customer information or forget to shred something, access could also be traced back to you.

What if you work for a fraudster?

Have you ever run a background check on your boss or your Chattanooga, Tennessee, employer? Have you hired a company to vet your employer or the products or services they sell? The answer is probably, no. Rarely, do employees or potential employees do these things, even if they had the resources to conduct a background check. However, if it turns out that your employer or boss is a fraudster, you too could face white-collar criminal charges.

For example, even the secretary at a company perpetrating a Ponzi scheme could face charges as a result. A marketing company could be an illegal Pump and Dump scheme, but even if you just run their social media, you could face charges too.

What do I do if I face charges?

The old adage of, “you can avoid the time, but you cannot avoid the ride” is very apt to these situations. This is because, even though you did not knowingly do anything wrong, you can still be arrested (the ride), but with the help of an experienced Middle Tennessee white collar crime attorney, you can use this lack of knowledge and intention to get your case dropped or win at trial.

(This article taken from www.bfhelaw.com )

Fentanyl Crimes

mbrock1963@aol.com (Mike Brock) — Fri, 21 Jul 2023 16:24:47 GMT

Those accused of fentanyl crimes can face serious consequences

Fentanyl has received much attention in the media lately, with numerous reports of unlawful sales of the drug and overdoses. Due to its dangerous nature, those who engage in the distribution of fentanyl will be harshly penalized.

What is fentanyl?

Fentanyl is an opioid drug that is made synthetically. It is much stronger than other opioids such as morphine.

Fentanyl was originally meant to help those with cancer manage their pain. However, the drug can be abused.

When mixed with heroin, fentanyl creates a much more powerful drug. Many of those ingesting heroin mixed with fentanyl are not aware they are consuming the much stronger fentanyl, leading to overdose and possible death.

Fentanyl distribution is illegal

Because of its dangerous nature, the possession and distribution of fentanyl are federal crimes.

If you possess or distribute 40 to 399 grams of fentanyl, you could face five to 40 years in prison for a first offense. If you distributed fentanyl to someone and that person passes away due to fentanyl use, you could face 20 years to life in prison.

If you possess or distribute 400 grams or more of fentanyl, you could face 10 years to life in prison for a first offense. If you distributed fentanyl to someone and that person passes away due to fentanyl use, you could face 20 years to life in prison.

Being accused of a federal drug crime is a serious situation to find yourself in. If you are charged with a crime involving Fentanyl, you can expect to face significant penalties, so it is important to develop a sound defense strategy in your favor.

(This article taken from www.bfhelaw.com )

Assault Charges In Tennessee

mbrock1963@aol.com (Mike Brock) — Mon, 17 Jul 2023 16:28:35 GMT

Things to know when facing an assault charge in Tennessee

If you think back to the incident that led to your arrest, there may be various things you wish you would have done or said differently. You may even regret some of the choices you made that day, such as allowing yourself to be drawn into the altercation that took place. Regardless of the details of your particular situation, if it landed you behind bars in a Tennessee jail, things may get a whole lot worse before they get better.

If a police officer charged you with assault, you’ll definitely have your work cut out for you to avoid conviction. This is because it’s often difficult to combat various tactics and strategies employed by prosecutors in such situations. For instance, you may s and strategies employed by prosecutors in such situations. For instance, you may s and strategies employed by prosecutors in such situations. For instance, you may n a particular disruption took place; however, if the prosecution convinces the court otherwise, the outcome may not be in your favor.

What constitutes assault?

Just because someone accuses you of assault doesn’t necessarily mean you are guilty. In order to fight against assault charges in court, it often helps to seek clarification of the legal definition of the term in order to determine how best to proceed to counteract the charges against you. The following list provides pertinent information regarding assault charges:

Words alone do not constitute assault. Even if you shout at someone in anger, if you do not physically act in such a way to cause a threat of imminent harm, you are likely not committing assault.
For an assault charge to stick, there typically needs to be two issues at hand: You must be proved to have intended to cause apprehension or fear of harm, and you must successfully carry out the threat, meaning you actually cause harm in connection with the threat.
If you tell someone you want to kill them, it is not necessarily an assault; however, if you happen to be pointing a gun in their direction when you say it, that’s another story altogether. Presenting yourself physically in such a way that leads another person to believe that you intend to carry out a threat is considered assault under state law.

Is it possible to stay on the outside of a Tennessee jail cell when a police officer tells the court you committed assault? In some cases, it definitely is, depending on various factors. Many people who have fought against such charges in the past were successful because they reached out for support from others who were well-versed in criminal defense law and were able to provide aggressive representation.

If you hope to get your life back on track and avoid long-term negative consequences in relation to the current charges against you, you can research the types of helpful resources that are available in your area and access them as needed.

(This article taken from www.thomasovertonlegal.com )

Implied Consent Tennessee

mbrock1963@aol.com (Mike Brock) — Fri, 14 Jul 2023 17:46:57 GMT

Implied consent in Tennessee: what does it mean for me?

Once arrested for suspected drunk driving, you have already agreed to submit to a chemical test — whether you realize it or not. By applying for and receiving a driver’s license in the state of Tennessee, you have agreed to a test of your breath, blood or urine if ordered by a law enforcement officer.

You technically have the right to refuse a chemical test for suspected DUI, but that decision could come at a steep cost. If you refuse, you will still face arrest and could lose your license for an extended period of time. If you have previously refused a breath test, your loss of driving privileges could last longer.

The penalties for refusing to submit

You may have the right to refuse a chemical test, but per the state’s implied consent law, you could face a suspension of your driver’s license. The varying lengths of the suspension are as follows:

One year for first offense
Two years for second offense
Two years if DUI crash resulted in bodily injury to another person
Five years if DUI crash resulted in death of another person

Losing your driver’s license is more than a simple inconvenience. It can affect your ability to work, drive your kids around and even make it to the doctor. Fortunately, you may have certain options for challenging your suspension for violation of implied consent laws.

Challenging the suspension

You do not have to simply accept that a license suspension is the only option. Like any other DUI charge or criminal penalty, you are entitled to a defense and have the right to challenge any of the repercussions brought against you. If you wish to challenge the loss of your license, you will have to request a hearing as soon as possible.

Waiting too late to request a hearing could compromise your ability to restore your rights to drive in the near future. Ultimately, you will find great benefit in securing defense help as soon as possible in order to ensure that you have fully explored all of your legal options.

A future at stake

Losing your license can impact various areas of your life. It could affect your career, custody disputes and even your educational opportunities. If you cannot drive, you have suffered a significant reduction in your personal freedom. Do not underestimate the serious nature of an implied consent license suspension. You may find it useful to learn how you can protect your future and your right to drive.

(This article taken from www.thomasovertonlegal.com )

Felony Traffic Offense

mbrock1963@aol.com (Mike Brock) — Mon, 10 Jul 2023 16:52:20 GMT

When does a traffic offense become a felony?

While traffic violations might seem like a minor offense, they often carry significant penalties. From hefty fines to jail time, a Tennessee driver could face lasting consequences. Unfortunately, certain factors can turn a misdemeanor offense into a felony charge.

Essentially, the difference between a felony and a misdemeanor is the consequences an individual might face. Felony offenses often require the existence of aggravating factors such as the presence of children, driver impairment or a criminal history. Even though Tennessee relies on the point system for traffic violations, some charges immediately carry devastating consequences, such as:

Aggravated DUI: A BAC level of 0.20% or higher, for example, can lead to a charge of aggravated DUI. Additionally, factors such as a motor vehicle collision or a criminal history can quickly turn a DUI charge into an aggravated DUI.
Child endangerment DUI: As above, if a motorist is driving under the influence with a minor in the vehicle, the consequences can be significant. If the child suffers an injury in a motor vehicle collision, the driver could face a charge of vehicular assault. If the child dies, the offense would be punished as vehicular homicide.
Fleeing and eluding an officer: The felony level of evading arrest in Tennessee generally includes the use of a motor vehicle to flee from law enforcement.

No matter the severity of the charge, navigating the criminal justice system alone can be a frustrating, intimidating experience. Individuals might face fines, jail time, community service, mandatory training programs and the loss of driving privileges. It is crucial that you act quickly to defend your rights and your freedom at all costs.

(This article taken from www.thomasovertonlegal.com )

Felony Probation And Jail

mbrock1963@aol.com (Mike Brock) — Fri, 07 Jul 2023 16:44:23 GMT

Will you automatically go to jail for violating felony probation?

Probation is a common punishment Tennessee courts impose on convicted criminals as an alternative to prison time. Felony probation can involve terms such as community service, restitution, mandatory therapy and having to check in with a probation officer.

Felony probation lasts an average of three to five years. During this time, if you break any of the rules of your probation, you could face severe penalties. One of the possibilities in Tennessee is going to jail.

Felony probation violations

The Tennessee courts reserve a sentence of felony probation for those convicted of felony crimes. You could violate your probation in a number of ways:

Refusing to complete community service hours
Failing to submit to search conditions
Failing a drug test (in cases of some drug felonies)
Missing a meeting with your probation officer
Breaking a law

If you violate your probation, you could face serious penalties for the violation. A defense lawyer could help you state your case before a judge in Nashville and may be able to minimize the repercussions of a mistake.

Probation revocation

A judge has the power to revoke your felony probation if you violate its terms. Revocation could mean a new sentence instead of probation, with the potential of facing the maximum prison term for your original crime. First, the judge must give you details of your alleged probation violation when he or she summons you to court. Then, the judge informs you of your right to legal counsel.

(This article taken from www.thomasovertonlegal.com )

Assault Charge In Tennessee

mbrock1963@aol.com (Mike Brock) — Mon, 03 Jul 2023 16:36:35 GMT

Things to know when facing an assault charge in Tennessee

If a police officer charged you with assault, you’ll definitely have your work cut out for you to avoid conviction. This is because it’s often difficult to combat various tactics and strategies employed by prosecutors in such situations. For instance, you may assert that you were merely defending yourself when a particular disruption took place; however, if the prosecution convinces the court otherwise, the outcome may not be in your favor.

What constitutes assault?

Words alone do not constitute assault. Even if you shout at someone in anger, if you do not physically act in such a way to cause a threat of imminent harm, you are likely not committing assault.
For an assault charge to stick, there typically needs to be two issues at hand: You must be proved to have intended to cause apprehension or fear of harm, and you must successfully carry out the threat, meaning you actually cause harm in connection with the threat.
If you tell someone you want to kill them, it is not necessarily an assault; however, if you happen to be pointing a gun in their direction when you say it, that’s another story altogether. Presenting yourself physically in such a way that leads another person to believe that you intend to carry out a threat is considered assault under state law.

(This article taken from www.thomasovertonlegal.com )

Drug Crime Penalties

mbrock1963@aol.com (Mike Brock) — Fri, 30 Jun 2023 17:15:44 GMT

What are the penalties for drug crimes in Tennessee

Drug charges can have serious legal and personal ramifications. If you find yourself facing them, you will likely fear their impact on your livelihood and reputation. Yet, you may be able to mitigate their effect by learning about Tennessee’s drug penalties. Understanding these can help you prepare for any potential consequences you could face.

Understanding Tennessee’s possession penalties

In Tennessee, the penalties for first-time simple possession offenses are the same for all drugs. No matter the substance in question, including marijuana, you will receive a Class A misdemeanor charge. This charge could come with a prison sentence of up to one year, as well as a fine of up to $2,500. If you commit a second offense you will likely receive felony charges instead. The exception to this rule is if the offense involves marijuana. In this case, you will not receive felony charges unless you possess more than half an ounce. If you are caught with more than half an ounce of any substance, you may receive felony charges and a longer sentence.

Understanding Tennessee’s distribution penalties

Sale and distribution offenses have heftier consequences than possession and purchasing offenses. Yet, their severity depends upon the schedule of the substance the offense relates to. Tennessee recognizes seven different drug schedules. Substances under schedule I and II have a high risk of abuse, whereas those under schedules III through V have a lower risk of abuse. Schedule VI includes marijuana, and schedule VII consists solely of butyl nitrate.

Selling or distributing substances under schedules III through V is a felony. This offense could carry consequences that include a prison sentence between one and 10 years. And it could also include fines, the suspension of your driver’s license and forfeiture of your property. The sentencing period increases to between five to 30 years for substances under schedules I and II. Second offenses involving schedule I and II substances can come with sentences between 10 and 40 years. And depending on the substance in question, the amount in question and any aggravating factors, it could lead to a life prison sentence instead.

Understanding your options

Even first-time drug offenses can come with significant penalties in Tennessee. By understanding the consequences of the charges you’re facing, you can take the steps you need to protect yourself.

(This article taken from www.thomasovertonlegal.com )

What Is Probation?

mbrock1963@aol.com (Mike Brock) — Wed, 28 Jun 2023 15:51:59 GMT

An introduction into probation

WHAT IS PROBATION?

An individual that pleads guilty to or is found guilty of a criminal offense may be required to serve a period of probation. Probation is an opportunity for individuals to demonstrate to the court that they can reside in the community, obey the law, and comply with any additional restrictions or requirements that the court deems appropriate for a set period of time.

CONDITIONS OF PROBATION

While probation is preferable to a jail sentence, there are requirements that must be followed in order for probation to be successfully completed. Probation can be unsupervised or supervised.

Unsupervised probation is less common and is generally only granted if you have met all other probation requirements, such as paying any fines owed. If probation is unsupervised, generally the only condition that must be met is that there are no re-arrests or violations of the law during the probationary period.

Supervised probation (the more common type) has additional restrictions. If you are on supervised probation, you will be assigned a probation officer. The probation officer will review the conditions of your supervised release with you, which can vary from case to case.

Those conditions could include:

REPORTING TO PROBATION

You will be required to report to a probation officer periodically (most often in person, but in some circumstances can be done remotely through phone or mail).

DRUG TESTING

It is common that probationary requirements will involve periodic drug tests.

OTHER REQUIREMENTS

Other requirements (depending on the nature of the original criminal charges) could include completion of classes or community service, abstinence from alcohol, or other conditions.

For any other requirements, such as classes, you will need to secure documentation to confirm your completion of these requirements to provide to your probation officer and the court.

While on probation, you may be required to provide notice to your probation officer of any out-of-state travel. Your probation officer also needs to have your most recent contact information, so be sure to provide notice of any change of address or phone number.

There are fees associated with being on supervised probation. While failing to pay probation fees won’t typically result in jail time, most counties will not allow you to be released from probation until fees are satisfied.

Often, probation conditions include an expectation of reduced privacy. For example, you may be required to be subject to searches. As a result, any continued illegal activity could put you at increased risk of being in violation of your probation conditions.

COMPLETION OF PROBATION

If no probation violations are issued and all costs are paid, probation will naturally expire upon completion of the probationary period without any additional court appearances.

While probation often provides clients with an easier alternative to jail time, defendants must be aware of the conditions of probation since probation violations can come with stiff penalties.

(This article taken from info.midtndefenseattorney.com )

Field Sobriety Test

mbrock1963@aol.com (Mike Brock) — Mon, 26 Jun 2023 15:55:28 GMT

Just saying no to a field sobriety test

We have all seen the YouTube videos of police officers giving clearly intoxicated drivers field sobriety tests. Whether they are trying to break dance for the cop or can barely walk the line, these dash cam gems provide endless hours of entertainment. Have you ever stopped and thought about what you would do if faced with the same situation? In Tennessee, knowing your rights could help you avoid severe legal issues.

IMAGINE YOURSELF IN A SIMILAR SITUATION

Maybe it was a birthday party, a wedding or a special date night, whatever the case you enjoyed some drinks to commemorate the occasion. After the festivities and food, it was time to go home and getting behind the wheel was no problem, you felt entirely in control. Then out of the corner of your eye, you see the flashing lights and realize you are getting pulled over. What do you do?

THE RIGHT TO REFUSE

Tennessee law states that it is not required to submit to a field sobriety test, or FST. Understanding the law becomes crucial at this point because what the officer is not required to tell you is that you have the right to refuse their request to take a field sobriety test. However, your license could possibly be suspended if you have refused a FST in the past and if an accident resulted due to impaired driving.

Often field sobriety tests are used to prove that a driver is too impaired to operate a vehicle and drive it safely. Should you decide to go through with the FST, even if you pass, in Tennessee you can still be charged with a DUI.

(This article taken from info.midtndefenseattorney.com )

Self Defense Laws In Tennessee

mbrock1963@aol.com (Mike Brock) — Fri, 23 Jun 2023 16:36:43 GMT

Am I allowed to fight back? Self defense laws in Tennessee

Let’s say that you and your friends are at a bar, hanging out and having a few drinks. Everyone else in the bar has had a few drinks, too, and the atmosphere is getting tense. Another patron starts to argue with you and your friends, and he becomes increasingly belligerent. Without warning, he takes a swing at you. Should you fight back?

Assault and battery are serious charges in Tennessee—the court does not look kindly on bar fights. But if the other person was attacking you and you hit him back, can you still be prosecuted?

Fortunately, the state does have laws that allow the use of force for self-defense. If your life is under imminent threat, it is legal to defend yourself through physical violence. Actions that would be considered criminal under regular circumstances may be allowed in these rare instances. Sometimes it’s not even necessary to be hit first: If you have reason to believe that someone is about to attack you, it is generally acceptable to defend yourself.

There are some caveats to self-defense though.

If someone has physically attacked you but he indicates that he is not going to attack you again, you typically may not continue to use force against him.

You cannot use violence against someone because he physically attacked you in the past.

The actions that you use to defend yourself must be proportionate to the actions used against you. For example, you generally may not claim self defense if someone punches you and you shoot him in return.

It is not always acceptable to use deadly force — force that takes someone’s life — in self defense. The state generally only permits the use of deadly force if you were afraid for your own life.

Unfortunately, the bar fight scenario that we discussed earlier is all too real for many Tennesseans. Even if you were forced to use self defense to protect yourself, you may still face a sticky legal situation. A criminal defense lawyer can stand up for you in court and help demonstrate that you were acting in self defense.

(This article taken from info.midtndefenseattorney.com )

DUI Penalties

mbrock1963@aol.com (Mike Brock) — Wed, 21 Jun 2023 16:22:31 GMT

DUI penalties and consequences in Tennessee

A fun night on the town with friends could have dire consequences if you’re convicted of a DUI in TN. Tennessee has some of the toughest DUI laws in the country. First offenders found guilty of driving while under the influence of drugs or alcohol will be convicted of a misdemeanor and will serve a mandatory minimum of 48 hours in jail.

According to the Tennessee Highway Safety Office, a drunk driver’s level of intoxication is typically determined by the measurement of blood alcohol content (BAC). A BAC measurement of 0.08% defines the criminal offense.

DUI PENALTIES IN TENNESSEE

FIRST TN DUI OFFENCE

Class A Misdemeanor
Mandatory minimum of 48 hours incarceration, up to 11 months 29 days in jail
$350-$1000 in fines
DUI School and/or Victim Impact Panel
1 year loss of driver’s license
Possible Ignition Interlock Device (IID)

SECOND TN DUI OFFENCE

Class A Misdemeanor
Mandatory minimum of 45 days in jail with up to 11 months 29 days possible
$600-$3,500 in fines
Mandatory IID
2 years license revocation

THIRD TN DUI OFFENCE

Class A Misdemeanor
Mandatory minimum of 120 days in jail with up to 11 months 29 days possible
$1,100-$10,000 in fines
Mandatory IID
6 years license revocation

4TH OR 5TH TN DUI OFFENCE

Class E Felony
Mandatory minimum of 150 days in jail with 1 to 6 years possible
$3,000-$15,000 in fines
Mandatory IID
8 years license revocation

6TH TN DUI OFFENSE

Class C Felony
Mandatory minimum of 150 days in jail with 3 to 15 years possible
$3,000-$15,000 in fines
Mandatory IID
8 years license revocation

If convicted, administrative and court costs will be assessed, court-ordered alcohol monitoring devices may be mandated, and restitution for injured parties may also be imposed. For second and subsequent offenses, an alcohol and drug assessment and inpatient rehabilitation may also be ordered. Vehicle forfeiture may also be applied.

SECONDARY CONSEQUENCES OF A DUI CONVICTION

Although the legal consequences of a DUI conviction in Tennessee are incredibly costly, the secondary consequences can be life altering.

INSURANCE

A DUI conviction in Tennessee will result in increased car insurance insurance premiums. Your existing insurer may even drop your coverage and you may be forced to purchase an expensive high-risk (SR-22) insurance policy. A conviction may also result in increased premiums for health and life insurance.

PUBLIC RECORD AND BACKGROUND CHECKS

A DUI conviction stays on your public record forever and will appear on background checks.

EMPLOYMENT

A conviction may affect current and prospective employment opportunities. Court dates, jail time, and in-patient treatment programs can put your existing job in jeopardy. Many employers are uncomfortable hiring applicants who have DUI convictions. Jobs that require driving company vehicles may also be closed to you.

EDUCATION

A DUI conviction may have consequences on high school or college campuses and may impact student athletic eligibility.

PARENTING

Having your license suspended renders it impossible to pick up your kids and take them to practices or doctor’s appointments. You may also be disqualified from volunteering at your child’s school due to a criminal conviction.

PERSONAL RELATIONSHIPS

Friends, family members, and co-workers may perceive you differently and a conviction may adversely affect your relationships.

IMMIGRATION AND TRAVEL

A conviction or arrest may impede your ability to travel. Canada, for example, requires Americans with a DUI record to seek a waiver of exclusion before allowing entry into the country. If you’re not a US citizen, a DUI may affect your immigration status. If you’re an illegal immigrant, you will likely face immigration proceedings and may be deported.

Because the legal and secondary consequences of DUIs in TN are so severe, everyone, even first-time offenders, should seek experienced legal representation.

(This article taken from info.midtndefenseattorney.com )

Marijuana Defense In Tennessee

mbrock1963@aol.com (Mike Brock) — Mon, 19 Jun 2023 16:42:14 GMT

Marijuana possession defense in Tennessee

Unlike many states, possession of any amount of marijuana in the State of Tennessee is a criminal offense. If an amount of one-half (1/2) ounce or less of marijuana is possessed, the charge is misdemeanor simple possession. If the amount of marijuana possessed exceeds one-half (1/2) ounce, the State generally presumes that the intent of the possession is to sell. Possession with the intent to sell or deliver marijuana is a felony, and the severity of the felony increases with the amount possessed.

CONSEQUENCES OF MARIJUANA CHARGES

A misdemeanor charge of simple possession carries a potential maximum sentence of 11 months and 29 days in jail and a fine of $250. The potential sentence for felony charges of marijuana possession with intent to sell vary depending on the amount. Over one-half (1/2) ounce, but less than ten pounds is an E felony that carries a potential sentence of 1-6 years. Over ten (10) pounds, but less than 70 pounds is a D felony that carries a potential sentence of 2-12 years. Over 70 pounds, but less than 300 pounds is a B felony that carries a potential sentence of 8-30 years. And anything 300 pounds or more is an A felony that carries a potential sentence of 15-60 years.

DEFENDING YOUR CASE

There are a number of potential ways that defendants can mount a successful defense against marijuana charges. Many defense strategies rely on examining the constitutionality of how the marijuana was discovered.

DRUGS DISCOVERED THROUGH TRAFFIC STOP

For example, many marijuana charges result from a traffic stop. In these cases, an experienced defense attorney will examine:

Did the officer have probable cause to pull you over? In order to pull over a car, police must have probable cause that a traffic offense (such as speeding, a seat belt violation, or failure to use a turn signal for example) occurred.
Did the officer have probable cause to search your vehicle? In order to search your vehicle without consent, the officer must have probable cause to believe that there is evidence of a crime in the vehicle.
Did the officer obtain consent to search your vehicle? If the officer does not have probable cause to search your vehicle, you must provide consent to search.

Each of these steps present unique opportunities for a defense; defendants can assert that the initial traffic stop itself was invalid because there was no probable cause to believe that a traffic offense occurred; defendants can challenge the warrantless search for lack of probable cause; or defendants can even challenge the validity of the consent obtained by the officer.

DRUGS DISCOVERED THROUGH SEARCH WARRANT

Marijuana charges may also originate through the execution of a search warrant. Search warrants provide multiple opportunities for a defense. In examining your case, an experienced attorney will consider:

Did the search warrant establish probable cause that evidence of a crime will be found at the location? Search warrants are required to meet this threshold in order to be valid.
Was the information contained within the search warrant timely? If the search warrant contains old or stale information, it could be deemed invalid.
Was the search warrant specific as to the location to be searched? Search warrants do not allow officers to search in every location; they are required to provide specific parameters as to where the officers can search.

In order to execute a search warrant lawfully, law enforcement must satisfy these criteria; any instances in which they do not presents an opportunity for defendants to challenge the lawfulness of the search. Finding an attorney who can examine the details of your particular case is key to a successful defense.

DRUGS DISCOVERED THROUGH SALES ON THE STREET

Marijuana charges often result from street level sales. These sales might be undercover buys arranged by police or drug exchanges simply observed by police. These scenarios also have potential defenses, including examination of:

Was the undercover buy set up properly? Officers have a number of procedures to follow to properly set up an undercover buy.
Did the officers have probable cause to believe they observed a drug exchange? Officers need to describe the circumstances with enough particularity to later satisfy a court to be able stop individuals and search them on the basis of suspicion that a drug transaction has occurred in front of them. The kind of detail needed generally includes information about the area where the activity occurred (high crime area or area known for drug activity for example), the time of day, as well as the suspicious action they observed (often a hand to hand exchange).

OUTCOMES OF MARIJUANA DEFENSE CASES

Using the potential defense strategies outlined above, defendants may be able to have their charges dismissed or reduced. If the legality of the officer’s actions are successfully challenged, the prosecution’s case may be significantly weakened and allow the defendant to prevail. This is why it is so important to have an experienced defense attorney in your corner.

If the above defense strategies are not available, there are still other potential avenues available to many defendants to challenge the evidence or reduce the potential consequences of a marijuana charge. For example, individuals with no prior criminal history may be eligible for an alternate sentence that would allow them to avoid serving jail time and eventually have their record expunged.

Even individuals facing felony marijuana charges may be eligible for judicial diversion. This program allows defendants with no prior criminal history who successfully complete a period of probation to be given a second chance and have their record wiped clean.

(This article taken from info.midtndefenseattorney.com )

Probation Violations

Fri, 16 Jun 2023 17:16:25 GMT

Common probation violations

If a person pleads guilty or is found guilty of a crime, that person’s sentence may include some amount of probation. As noted in an earlier post, probation allows individuals to serve all or a portion of their sentence in the community while preventing probation violation by complying with certain conditions set forth in their plea agreement.

While this presents a great opportunity to avoid serving additional jail time, probation will generally have a number of requirements that must be followed in order to complete it successfully.

PROBATION VIOLATIONS

The most common way to prevent probation violations include:

NOT REPORTING TO THE PROBATION OFFICER

Under the terms of supervised probation, defendants are required to report to their probation officer periodically. The reporting is sometimes required to be in person. Other times reporting may be done over the telephone or through other means. If a probationer fails to report or falls out of communication with the probation officer, the officer may issue a probation violation warrant.

FAILED DRUG SCREENING

Many probation terms include periodic drug screenings. If a probationer tests positive for drugs for which they do not possess a valid prescription, the probation officer may issue a probation violation warrant.

NEW CRIMINAL CHARGES

If a probationer is arrested on new criminal charges during the probationary period, this will also lead to a probation violation.

CONSEQUENCES

If one of the conditions of probation is violated, the probation officer can issue a violation warrant for the judge’s signature. This violation warrant must be issued and signed by the judge within the period of time set for the probation. Once the warrant is signed, the defendant will be served with a warrant so that the court can adjudicate whether or not the defendant is in violation.

If the court determines that the terms of the probation were violated, the defendant faces a full range of punishment, subject to the judge’s discretion. The maximum punishment can be the full maximum sentence the defendant faced when found guilty.

For example, if a defendant was on 2 years of probation and had successfully completed 23 months of probation when a violation was issued, the defendant could face up to 2 full years of jail time (despite having already completed almost 2 years of probation).

The court could also decide to restart the probationary period or to put additional restrictions on the defendant. Probationers are subject to the judge’s reasonable discretion when the terms of probation are violated, and judges are given a great deal of latitude in determining an appropriate outcome once a probation violation has been proven.

DEFENSE FOR A PROBATION VIOLATION

If a probation violation warrant is issued for you there are, of course, many potential avenues of defense depending on the type of violation that was issued.

One such defense that has been successful for prior clients is examining the dates of the probation violation warrant. These warrants must be issued and signed during the probation period. If they are issued and signed after this period, the court loses its authority to punish a violation of probation (even if the conduct relating to the violation occurred during the probation period).

If probation was violated due to a failed drug screen, there are also potential ways to defend the violation. For example, it may make sense to have the sample retested to confirm that the test was accurate. Examining the methods of sample collection and processing could also be a potential defense.

If a probation violation is issued related to new criminal charges, it often happens that the hearing for the probation violation is delayed until the new charges are adjudicated or probable cause for the new charges is established. If the new charges are found to be baseless, the probation violation may be resolved and dismissed as a result.

(This article taken from info.midtndefenseattorney.com )

DUI Suspect Switches Seat With Dog

mbrock1963@aol.com (Mike Brock) — Fri, 19 May 2023 16:30:24 GMT

Colorado DUI suspect switches seat with dog during traffic stop

In an effort to avoid arrest during a traffic stop over the weekend, a Colorado man behind the wheel swapped places with a dog in his passenger seat, police said.

It did not work.

Police in Springfield, a town of about 1,300 people in the southeastern part of the state, said an officer pulled the man over for speeding Saturday night and watched him maneuvering inside the car before eventually getting out on the passenger side.

"The male party showed clear signs of intoxication," an officer with Springfield Police Department wrote in a Facebook post about the incident.

Police said the man claimed he was not driving, and when asked about his alcohol consumption, he ran.

The man made it 20 yards before he was taken into custody, according to police.

Police said they also learned the man, a local resident, was driving from Las Animas to Pueblo and got lost in Springfield.

The driver was taken to a hospital to be checked out, then arrested on suspicion of charges including speeding, driving under the influence of alcohol as well as on additional warrants.

"The dog was given to an acquaintance of the driver to take care of while the party was in jail," police wrote in the post. "The dog does not face any charges and was let go with just a warning."

(This article taken from www.usatoday.com)

DUI And What To Do

mbrock1963@aol.com (Mike Brock) — Wed, 17 May 2023 16:11:09 GMT

What to do if you get pulled over for a DUI in Tennessee

Most DUI's start because law enforcement pulls a car over because the driver is showing "signs of impairment." However, Middle Tennessee officers aggressively pursue DUI's leading to many individuals being wrongly accused. Knowing your rights if you are pulled over can make all the difference if you are pulled over and subsequently charged with DUI.

YOUR RIGHTS IF POLICE PULL YOU OVER

Let's start by discussing what you should do if you are ever pulled over by police officers. It's surprising how many people don't know their rights.

POLICE CAN ONLY PULL YOU OVER IF THEY HAVE PROBABLE CAUSE.

Officers aren't allowed to randomly pull you over and search for things like drugs in your car. Police have to have a reason such as a broken tail light, speeding, or reckless driving for example. It should be noted that if you are pulled over and you do get charged with a DUI , their notes from the encounter and testimony can be enough evidence to pursue the charge in court. You don't have to receive a speeding ticket or other infractions. Nor do they always have video of the encounter, though they often do.

PULL OVER TO THE SIDE WHEN YOU CAN DO SO SAFELY.

Your safety is important. You have the right even when you are being pulled over to find somewhere safe to stop. When this happens, you need to indicate that you see the officer. Turning on your hazard lights and slowing down are helpful. Don't wait too long until you find somewhere. Officers can get impatient and possibly charge you with evading arrest if they think you are intentionally refusing to pull over.

YOU DO NEED TO STOP AT CHECKPOINTS.

Police departments pre-plan checkpoints with specific strategies to stop either every car or say every fourth car. If you come to a checkpoint and your vehicle is selected, you do have to stop.

WHAT TO DO IF YOU GET PULLED OVER FOR A DUI

Now that we've addressed the basics for getting pulled over let's consider the process in the event of a DUI investigation.

PULL OVER SAFELY AND FOLLOW THE RULES.

As previously mentioned, you want to pull over when you are somewhere safe. As soon as your car is parked get your driver’s license, registration, and insurance ready. Shut off your car, keep your hands on the steering wheel and remove anything like sunglasses, hats, or hoods.

REMAIN COURTEOUS AND POLITE.

Negative behavior won't get you far. Don't get an attitude, curse, or disobey orders. Acting out will only make a bad situation worse. If you are charged with DUI, the behavior you exhibit at the time the officer pulls you over can either work for or against you. A courteous attitude will be useful to your defense if you are charged with DUI.

YOU CAN INVOKE THE 5TH AMENDMENT.

The 5th Amendment gives you the right to remain silent about anything that could be deemed "incriminating." The more you cooperate, the easier the situation will be, but that doesn't mean you have to implicate yourself. The less you say the better, especially when it comes to answering how much alcohol you've consumed. If the officer is asking you questions, you can respectfully decline to answer.

YOU DON'T HAVE TO ANSWER HOW MUCH YOU'VE CONSUMED.

Law enforcement can only pull you over if they have probable cause. Reckless driving is "probable cause." If you are being pulled over for reckless driving, be helpful, but don't get candid. There is no need to admit to having "one drink." Offering up that information will only allow them to ask more questions. You can politely refuse to answer.

You can refuse to participate in the Field Sobriety Tests.

Submitting to any form of testing is voluntary. The Field Sobriety Tests are designed to assist the police officer determine if you are under the influence of an intoxicating substance. Generally speaking, at the point in time that an officer has requested (or ordered) you to participate in these tests they have already reached an opinion about your sobriety. The officer is asking you to participate in these tests as a means of developing additional evidence that supports their suspicion that you are under the influence. You do not have to agree to participate in these tests. They are entirely voluntary. When asked to participate, you can simply decline.

YOU CAN REFUSE A BREATHALYZER OR BLOOD TEST.

Submitting to a breath or blood test is voluntary. You have the right to refuse. However, there are consequences for refusing the breath or blood test and the officer must let you know what those consequences are. Specifically, if you are arrested for DUI and refuse to provide a breath or blood sample (the officer is the one who decides which test to administer, you do not get to choose) then you could lose your driver’s license for 1 year or more depending on your prior record.

IF YOU GET ARRESTED, THE BEST THING TO DO IS STAY CALM.

Your behavior, no matter what happens, is crucial. How you act is always noted. Being respectful will help you later. But, being respectful does not mean you have to answer the officer’s questions or participate in the variety of tests he/she asks you to perform.

(This article taken from info.midtndefenseattorney.com )

Marijuana Possession

mbrock1963@aol.com (Mike Brock) — Mon, 15 May 2023 16:45:50 GMT

Knowing your rights about marijuana possession in Tennessee

CONSEQUENCES OF MARIJUANA CHARGES

DEFENDING YOUR CASE

DRUGS DISCOVERED THROUGH TRAFFIC STOP

For example, many marijuana charges result from a traffic stop. In these cases, an experienced defense attorney will examine:

Did the officer have probable cause to pull you over? In order to pull over a car, police must have probable cause that a traffic offense (such as speeding, a seat belt violation, or failure to use a turn signal for example) occurred.
Did the officer have probable cause to search your vehicle? In order to search your vehicle without consent, the officer must have probable cause to believe that there is evidence of a crime in the vehicle.
Did the officer obtain consent to search your vehicle? If the officer does not have probable cause to search your vehicle, you must provide consent to search.

DRUGS DISCOVERED THROUGH SEARCH WARRANT

Did the search warrant establish probable cause that evidence of a crime will be found at the location? Search warrants are required to meet this threshold in order to be valid.
Was the information contained within the search warrant timely? If the search warrant contains old or stale information, it could be deemed invalid.
Was the search warrant specific as to the location to be searched? Search warrants do not allow officers to search in every location; they are required to provide specific parameters as to where the officers can search.

DRUGS DISCOVERED THROUGH SALES ON THE STREET

Was the undercover buy set up properly? Officers have a number of procedures to follow to properly set up an undercover buy.
Did the officers have probable cause to believe they observed a drug exchange? Officers need to describe the circumstances with enough particularity to later satisfy a court to be able stop individuals and search them on the basis of suspicion that a drug transaction has occurred in front of them. The kind of detail needed generally includes information about the area where the activity occurred (high crime area or area known for drug activity for example), the time of day, as well as the suspicious action they observed (often a hand to hand exchange).

OUTCOMES OF MARIJUANA DEFENSE CASES

(This article taken from info.midtndefenseattorney.com )

DUI Defense

mbrock1963@aol.com (Mike Brock) — Fri, 12 May 2023 17:40:27 GMT

Defending against DUI charges

Driving while under the influence of drugs or alcohol is a serious crime. There are numerous disastrous possible outcomes from this, which is why DUI is an aggressively prosecuted crime in Tennessee.

However, not every case that is charged as a DUI should be resolved as such. An honest review of the case files and evidence are required to make sure such a serious charge is justified. And often, these cases aren’t handled correctly. This is where the assistance of an experienced attorney like John Webb is essential.

A mistake shouldn’t ruin a person’s life. We understand that a lapse in judgement will occasionally happen. Attorney John Webb has represented clients against DUI charges throughout the Middle Tennessee area. He’s familiar with these cases and is informed by years of experience.

THE CASE OF THE MISSING CAR

A Williamson County case presented a unique set of circumstances for the offices of John Webb. The client was reportedly observed wandering around a yard in a residential neighborhood that was not their own. The presence of an unknown figure is always slightly unsettling for those who know the members of their neighborhood quite well. This is why the neighbors were so concerned that they phoned the police department who soon arrived on the scene.

The officers were suspicious that the client was under the influence based on the behavior that they had witnessed. They proceeded to charge the client with DUI. This, of course, put the client in a very difficult position.

THE OUTCOME

John Webb got to work reviewing the client’s paperwork. He reviewed the reports of the arresting officers and analyzed what happened. He immediately realized that the arrest warrant failed to establish that the client had actually driven or operated a motor vehicle while they were under the influence. In fact, they failed to establish the client was even in possession of a motor vehicle at all. The charges were actually written as if the charge was just a public intoxication rather than DUI.

John Webb took this information to the prosecutor and argued that the case was incorrectly charged. The prosecutor reviewed the evidence laid before him and considered how the case should proceed. He eventually agreed with John Webb and reduced the client’s charges to public intoxication.

The maximum penalty for public intoxication is up to 30 days in jail and a $50 fine. It is a class C misdemeanor.

The maximum penalty for Driving Under the Influence is up to 11 months and 29 days in jail and a $1,500 fine. A DUI will also result in a forfeiture of your driver’s license.

As you can see, the difference in punishments between DUI and public intoxication are quite significant. The reduction of the criminal charge saved the client from facing the mandatory jail time and loss of driver’s license that go along with a DUI conviction.

Justice was still carried out, but John Webb made sure it was done fairly and correctly. Public intoxication is how the case should have been charged from the beginning.

Unfortunately, mistakes are made in the justice system all the time. It can happen anytime from the initial arrest to the jury verdict at the conclusion of a trial. If you are accused of a crime, it is important that you have someone on your side who can make sure that the law is applied correctly and that you are treated fairly.

(This article taken from info.midtndefenseattorney.com )

Probation

mbrock1963@aol.com (Mike Brock) — Wed, 10 May 2023 15:06:19 GMT

An introduction to probation

WHAT IS PROBATION?

CONDITIONS OF PROBATION

While probation is preferable to a jail sentence, there are requirements that must be followed in order for probation to be successfully completed. Probation can be unsupervised or supervised.

Those conditions could include:

REPORTING TO PROBATION

You will be required to report to a probation officer periodically (most often in person, but in some circumstances can be done remotely through phone or mail).

DRUG TESTING

It is common that probationary requirements will involve periodic drug tests.

OTHER REQUIREMENTS

Other requirements (depending on the nature of the original criminal charges) could include completion of classes or community service, abstinence from alcohol, or other conditions.

For any other requirements, such as classes, you will need to secure documentation to confirm your completion of these requirements to provide to your probation officer and the court.

COMPLETION OF PROBATION

If no probation violations are issued and all costs are paid, probation will naturally expire upon completion of the probationary period without any additional court appearances.

While probation often provides clients with an easier alternative to jail time, defendants must be aware of the conditions of probation since probation violations can come with stiff penalties.

(This article taken from info.midtndefenseattorney.com )

Probation Violations

mbrock1963@aol.com (Mike Brock) — Mon, 08 May 2023 15:52:43 GMT

Common probation violations

While this presents a great opportunity to avoid serving additional jail time, probation will generally have a number of requirements that must be followed in order to complete it successfully.

PROBATION VIOLATIONS

The most common way to prevent probation violations include:

NOT REPORTING TO THE PROBATION OFFICER

FAILED DRUG SCREENING

NEW CRIMINAL CHARGES

If a probationer is arrested on new criminal charges during the probationary period, this will also lead to a probation violation.

CONSEQUENCES

DEFENSE FOR A PROBATION VIOLATION

If a probation violation warrant is issued for you there are, of course, many potential avenues of defense depending on the type of violation that was issued.

Attorney John Webb has successfully used this defense in prior cases; in one case, a client’s probation was violated in Sumner County, TN. In examining the paperwork relating to the violation, John realized that the paperwork was filed and signed following completion of the probation period. As a result, the court had no authority to issue the violation. As a result, the probation violation was dismissed.

The assistance of an experienced defense attorney is critical when facing a violation of probation since the potential penalties are so strict.

(This article taken from info.midtndefenseattorney.com )

Road Rage

mbrock1963@aol.com (Mike Brock) — Fri, 05 May 2023 19:01:26 GMT

How to prevent road rage from escalating

A vacation in Tennessee can be a lot of fun, but it can also be very stressful trying to navigate by car. Being unfamiliar with the roads and local traffic laws can cause you to make mistakes. This is not only a frustrating situation for you, it may also cause aggravation for the other motorists around you.

Many locals understand about tourists and are willing to cut you some slack. However, others may become aggressive or hostile. If you respond by becoming defensive or belligerent, the situation may escalate into an altercation. If that happens, you may end up in the hospital or jail, neither of which is likely a sight you wanted to see on your vacation.

Therefore, when faced with a case of road rage, it is best to try to de-escalate the situation.

Remain calm

Admittedly, this is difficult to do in a confrontation with another driver, but if you do not match the other driver’s aggression, it can help to keep the situation under control.

Avoid making eye contact

Shooting a look at the other driver may seem like a challenge to his or her superiority. This may provoke an even more hostile reaction as the driver is likely already experiencing feelings of frustration or anger.

Keep your hands to yourself

You may get some fleeting satisfaction from expressing your feelings with a rude hand gesture, but it is likely to provoke the other driver even further. It is not worth it to incite a confrontation that could become violent.

(This article taken from www.patrickmcnallylegal.com )

Roadside Breath Test

mbrock1963@aol.com (Mike Brock) — Mon, 01 May 2023 18:13:09 GMT

Roadside breath test: what you should know

Temperature and relative humidity of the air
Smoke, fumes and dirt in the air
Fumes from cleaners, gasoline and cigarettes
Residual blood, vomit, food and drink left in the mouth

(This article taken from www.patrickmcnallylegal.com )

What Is Tax Fraud?

mbrock1963@aol.com (Mike Brock) — Fri, 28 Apr 2023 17:18:40 GMT

What is the difference between tax fraud and a mistake?

People often feel nervous when doing their taxes, as if any little mistake they make is going to lead to an investigation by the IRS, serious financial fines and perhaps even jail time. This makes the tax season very stressful because the vast majority of Americans are not tax professionals, but are still required to properly file their taxes every year.

One important thing to note is that mistakes on your taxes are not automatically tax fraud. Just because you did not do the paperwork correctly does not mean that you tried to defraud the government and that the authorities are going to take you to jail. They understand that having private citizens do their own taxes naturally means some mistakes are going to be made.

In order for it to be fraud, you have to have an intent to commit that financial fraud. You need to do it on purpose.

For instance, perhaps you do not want to pay taxes on all $500,000 that you earned this year. You decide to report that you only made $300,000 to lower your taxes. That’s an act of fraud since your intent was to make it appear that you earned less than you did.

However, if you decided to write off some personal expenses as business expenses because you did not know the difference between the two or because you honestly thought they were business expenses, that’s not necessarily fraud. That’s just an oversight or a lack of understanding of the process. You may still need to rectify the error, but, without intent, you did not commit fraud.

If you do find yourself facing criminal accusations, make sure you know what rights you have.

(This article taken from www.patrickmcnallylegal.com )

Suspected DUI

mbrock1963@aol.com (Mike Brock) — Mon, 24 Apr 2023 16:36:47 GMT

What should you do if you are suspected of a DUI

If you’re stopped for suspicion of DUI, it’s important that you take every step you can to protect your legal rights. Here’s a basic outline of what you should do:

Quickly pull to a safe place : Once you realize the officer is stopping your vehicle, quickly find a safe place to park. For example, if you’re on the highway, search for a safe place on the shoulder of the road.
Put your hands on the wheel and stay in your vehicle : Don’t become so anxious that you begin to shuffle around the cabin or open your door to confront the officer. Not only does this look suspicious, but the officer may assume they’re in danger.
Don’t say too much : You may have an idea of why the officer pulled you over, but you shouldn’t admit to such. If asked if you know what you did wrong, a simple “no” is the best answer. The more you say, the more likely you are of slipping up.
Don’t resist arrest : As the officer digs deeper, they may eventually come to the conclusion that you’re under the influence of alcohol. For example, this could result from a failed field sobriety test. If you’re put under arrest, keep calm and follow directions. Resisting or talking back won’t make things any better. In fact, it can result in additional criminal charges, which only complicates your case.

DUI charges are very serious, as a conviction can result in a large fine, license suspension and even jail time.

(This article taken from www.patrickmcnallylegal.com )

Marijuana In Tennessee

mbrock1963@aol.com (Mike Brock) — Fri, 21 Apr 2023 16:55:07 GMT

Is marijuana legal in Tennessee?

It feels, at times, like marijuana legislation is sweeping across the country. Colorado was one of the first states to legalize recreational use, but it has been followed by many other states. This seems to be a trend that could make its way everywhere.

For instance, the most recent approvals for recreational use came from South Dakota, New Jersey, Montana and Arizona. What was a huge media sensation when it happened in Colorado largely went overlooked this time. It is just becoming normal. Has this type of legalization happened in Tennessee?

No legal use

It has not. Tennessee still makes the use of recreational marijuana illegal. It does not matter where your home state is or where you purchased the marijuana. If you have it or use it in Tennessee, you’re breaking the law.

Interestingly, Tennessee bans more than just recreational use. Most states allow medical use, and the number that do not is now down to 14 out of 50 after Mississippi and South Dakota just approved it. However, Tennessee still does not have a medical marijuana program, so any and all use is illegal. There are no medical conditions that will help you skirt this law.

After an arrest

Will these changes happen eventually? Perhaps, but it’s clear that Tennessee will be one of the last holdouts. If you get arrested for using marijuana, you could face stiff penalties. Even coming from a different state and claiming you got confused about the laws will not help.

(This article taken from www.patrickmcnallylegal.com )

Implied Consent Laws

mbrock1963@aol.com (Mike Brock) — Wed, 19 Apr 2023 17:24:53 GMT

Potential penalties for violating implied consent laws

You could lose your license for at least a year

Penalties increase if you caused a crash while impaired

You may be eligible for a restricted license

What happens if you aren’t convicted of impaired driving?

If you are convicted of DUI, you may face penalties such as jail time, a fine or license revocation. These penalties may be added to those imposed for violating implied consent laws.

(This article taken from www.crainlawtn.com )

Property Crimes

mbrock1963@aol.com (Mike Brock) — Mon, 17 Apr 2023 16:57:35 GMT

What are the different types of property crimes?

How do theft, robbery and burglary differ?

After the arrest, it is important to understand the charges and how they impact the case and its potential consequences.

Aggravated Burglary – an aggravated burglary is burglary of a habitation and is a Class C felony.

(This article taken from www.crainlawtn.com )

Intent To Distribute

mbrock1963@aol.com (Mike Brock) — Wed, 12 Apr 2023 16:13:29 GMT

Three Ways Police And Prosecutors Establish The Intent To Distribute

Defendants in such cases face serious consequences. How do the police establish the intent to distribute a drug?

Types of drugs

Socialization

Police may surveil your residence or subpoena your phone records to show that you frequently interact with people you do not know.

Other items in your possession

(This article taken from www.crainlawtn.com )

Testing For Intoxicated Driving

mbrock1963@aol.com (Mike Brock) — Mon, 10 Apr 2023 16:34:59 GMT

How officers in Tennessee test for intoxicated driving

Imagine a police officer in Tennessee suspects you are driving while intoxicated. After you step out of your vehicle, the officer will likely instruct you to perform three roadside tests.

Knowing what to expect during these exams may help you perform them better.

Walk-and-turn test

This test involves taking nine steps in a straight line. Feet must touch at the end of each step. Once you reach the ninth step, turn around and make nine more steps in the opposite direction.

Your arrest is possible if you stumble or your heels and toes do not connect. Officers also look for miscounting and using arms for balance.

One-legged stand test

For this evaluation, you must stand on one leg. While in this position, count out loud until you reach a specified number.

Law enforcement will look for any swaying or loss of balance. Skipping numbers and both feet touching the ground are other indications of inebriation.

Horizontal-gaze test

Alternative tests

Getting pulled over for suspicion of drunk driving is a tenuous situation. Follow the instructions and tests that a representative of the law asks you to perform.

(This article taken from www.crainlawtn.com )

Public Intoxication Charges

mbrock1963@aol.com (Mike Brock) — Fri, 07 Apr 2023 17:35:59 GMT

Possible defenses for public intoxication charges

Tennessee has scores of distilleries and drinking establishments. Despite its party atmosphere, it is still against the law to be drunk out in public.

The Centers for Disease Control and Prevention says millions of people binge drink at least once per week. Since many do so in bars, the law discourages public intoxication.

Legal arguments against charges of public intoxication

Here are the legal elements needed to prosecute public intoxication in Tennessee:

The offender may be endangered;
There is endangerment to other persons or property; or
The offender unreasonably annoys people in the vicinity.

The individual facing charges could claim an absence of nuisance. The prosecution must produce evidence of inconvenience or disruption dealt with by others. Offering the possibility that a passerby could suffer annoyance is not enough.

A defendant might also argue that public intoxication did not occur because no danger was present. Video footage showing someone in control is sometimes enough to successfully defend the charges.

Penalties for guilty findings of public intoxication

Those found guilty of public intoxication in Tennessee can get up to a month in jail. Fines go no higher than $50, but counseling is sometimes ordered. Only defendants free of arrest can get treatment in place of incarceration.

(This article taken from www.crainlawtn.com )

A.I. And Convictions

mbrock1963@aol.com (Mike Brock) — Wed, 05 Apr 2023 16:25:14 GMT

Artificial intelligence can lead to wrongful convictions

Artificial intelligence is quickly becoming a driving force in our daily lives. Whether it allows a favorite streaming service to recommend movies or helps drivers navigate their next road trip, most people rely upon some form of artificial intelligence throughout the day.

Despite the many ways artificial intelligence can replace or outperform humans, it is not error-free and can lead to devastating consequences if you face a criminal conviction.

How do law enforcement agencies use artificial intelligence?

Police forces throughout Tennessee, Georgia and other states rapidly embrace innovative technology to solve crimes. For example, the placement of smart devices throughout neighborhoods can instantly capture details about criminal activity through facial recognition or gunshot detection software or pinpoint minute details undetectable by the human eye, leading to arrests.

The use of artificial intelligence also extends to the stages of criminal justice following conviction to determine:

Bail
Incarceration
Parole
Sentencing

Is artificial intelligence infallible?

Unfortunately, artificial intelligence can lead to false convictions in the pursuit of criminal justice. For example, facial recognition software can capture unclear details about the face of someone in the vicinity of a crime and send them to a database that relies upon an algorithm to match it to a mugshot or driver’s license. However, poor-quality images can lead to the wrong match and, therefore, innocent people’s convictions. In addition, holding innocent people responsible for crimes means guilty criminals can resume illegal activities with impunity.

Artificial intelligence can reduce the crime rate in the public and private sectors. However, it can also increase the number of trials focusing on reversing wrongful convictions that can strain the court system.

(This article taken from www.crainlawtn.com )

Failing A Breath Test

mbrock1963@aol.com (Mike Brock) — Mon, 03 Apr 2023 17:21:17 GMT

Possible defense options after a failed breath test

The first thing to consider is the integrity of the test itself.

Has the equipment been properly maintained and calibrated?

Did the officer administer the test correctly?

Did you pass the field sobriety tests?

Was there a delay in testing?

A failed breath test does not lock in your case. Consider your options for challenging the charges.

(This article taken from www.crainlawtn.com )

Criminal Charges

mbrock1963@aol.com (Mike Brock) — Fri, 31 Mar 2023 18:08:29 GMT

Understanding different types of criminal charges in Tennessee

Tennessee criminal law divides different criminal offenses into two categories.

They are either classed as a felony or they are classed as a misdemeanor.

Felonies are all of the serious crimes that have an impact on lives, as well as the property of others. The kind of crimes that you would be committing in order to be facing a felony criminal charge include DUI, assault, drug crimes, rape, kidnapping, robbery, manslaughter, and first-degree or second-degree murder. Felony criminal crimes against properties include burglary, credit card fraud, arson, and theft.

The Tennessee Criminal Code further divides up felonies into different classes, which indicates the severity of the crime.

Of course, the more severe the crime, the more severe the punishment. For example, a minor who steals from a store won’t get charged with the same charges that someone will get if they were to take a gun into a store, start shooting, and then robs the cash register.

Knowing what kind of criminal charges you could be facing will give you an idea of the severity of the crime. These can all vary, though, as some circumstances can impact the penalty that could potentially be faced.

COMMON TYPES OF CRIMINAL CHARGES

In Tennessee, felony crimes are usually punishable with a year or more jail time. This can vary depending on a number of things, such as how severe the crime was and how many other people were impacted. You could also face fines as well as other penalties, such as not being allowed to possess a firearm ever again.

BELOW IS A BRIEF OVERVIEW OF COMMON TYPES OF CRIMINAL CHARGES.

Killing a person is a very severe felony charge, regardless of what the circumstances are. If you are found guilty of first-degree murder, then it could mean life imprisonment and possibly the death sentence.

Assault is another serious crime in the state of Tennessee. It will depend on the circumstances of the case, but you will face felony charges and could be looking to serve up to fifteen years in jail.

Rape or sexual assault is a felony charge, without question. You could face from one year to sixty years in jail if facing aggravated rape, and you will be put on the sex offender register for life.

Driving under the influence is something that is very dangerous, putting the lives of others at risk. As a result, there is a mandatory jail time of 48-hours to seven days in Tennessee, but depending on the circumstances, could mean nearly a year in prison. There are also fins of up to $1500, and the chance that your driver’s license will be revoked.

Drug crimes can vary in their severity. If you are caught with something like marijuana, then you won’t face jail. However, if you are found with something like opioid pills, especially if trying to cross state lines with them, then it will mean time in federal prison.

Kidnapping, whether children or adults, can lead to some Class C criminal charges in Tennessee. A Class C criminal charge will mean that you face no less than three years in prison, but no more than fifteen years in prison. There could also be a penalty of up to $10,000 if found guilty.

Robbery, when stealing something of value from another, especially with force, can mean severe punishment. If you are convicted in Tennessee of even the most basic kind of robbery, then you can face anything from three to fifteen years in prison, and deal with large fines, reaching up to $10,000.

(This article taken from www.crainlawtn.com )

DUI In Tennessee

mbrock1963@aol.com (Mike Brock) — Wed, 29 Mar 2023 16:37:47 GMT

What happens if I am charged with a DUI in Tennessee?

Drinking and then driving, often referred to as driving under the influence, or DUI is illegal in Tennessee.

If you are found to be doing this, you are not only putting your life at risk, as well as those around you, but you are also risking penalties that vary from:

Jail time
Large fines
And the removal of driver’s license

Tennessee DUI laws do have some different components which include looking at the concentration of alcohol in your blood, and when you are over the BAC limit (blood alcohol concentration), then you will face a penalty. Implied consent alcohol testing could also be required.

IMPLIED CONSENT

If you are to refuse to have a blood alcohol test, when stopped and required to do so by a police officer, then it can result in having your driver’s license taken away for one year. Also, if you do this again when you have your license back, then it can be revoked for two tears.

In addition, if there is an injury, no matter when the test is refused, you can have your license revoked for two years. If you were to kill someone as a result of a DUI and you refuse a blood alcohol test, then your license is taken away for five years.

If you were to go to court over this incident and refused to have the test, then the police officer involved can testify to other factors that show that you were intoxicated, such as:

How you were acting
Physical signs like slurred speech
Or alcohol smell on your breath

By refusing to have a blood alcohol test you will not be helping yourself to avoid any consequences. The way to protect yourself from any kind of penalty when driving is to drive safely and not drink and drive.

WHAT ARE THE CONSEQUENCES FOR FIRST-TIME DUI OFFENDERS IN TN?

If you are caught drinking under the influence in Tennessee, then you need to remember that under Tennessee DUI law, there is mandatory jail time for any first-time offenders. The minimum you will face is 48-hours in jail, however, this depends on what your blood alcohol test states. If the results are high, then you could face a minimum of seven days in jail.

As a first-time DUI offender, you could:

Receive up to nearly 12-months in jail
Face a fine of up to $1500
Have your license revoked (especially if there is harm to someone else as a result of your offense)

Attending an alcohol and drug treatment program will also be required in Tennessee, which is why hiring a DUI attorney can be helpful, in order to plead your case for you.

HOW ARE TENNESSEE DUI PENALTIES DETERMINED?

There are a number of things that can change the kind of penalty that you will face. For example, DUI with a child under 18 in the car with you can lead to larger penalties, and not only that but if you have caused harm to another person, the judge can order you to pay restitution.

As there are a number of fees and forms that are associated with a DUI charge, having an attorney that knows this area completely, knows what to do and how to reduce these for you, where possible, will be helpful in making this all to be as uncomplicated as possible for you.

IGNITION INTERLOCK DEVICE

You could have to do this for six months, even after jail time and getting your license back. This is something that would be worth speaking to an attorney about.

(This article taken from www.crainlawtn.com )

Breathalyzer Myths

mbrock1963@aol.com (Mike Brock) — Fri, 24 Mar 2023 18:24:49 GMT

Will a penny in the mouth beat a breathalzyzer?

Have you heard that holding a penny in your mouth when you take a Breathalyzer can “fool” the machine into a negative result? Supposedly, the copper in the penny creates a chemical reaction with the alcohol in your mouth and neutralizes it.

It’s a surprisingly common urban legend that gets repeated around bars and family tables – but it’s entirely fiction. First, copper doesn’t magically neutralize the alcohol molecules. Second, most pennies are primarily made of zinc.

Of course, that’s not the only urban legend you’ll hear when it comes to trying to avoid a drunk driving conviction.

More myths about beating Breathalyzer tests you should know

Whether it’s your co-worker’s brother or your best friend’s cousin that supposedly swears it works, none of these things will actually help you trick your way into a lower blood alcohol content (BAC) reading:

Eating bread or other starchy foods: This can settle your stomach, but it certainly won’t affect the amount of alcohol in your bloodstream.
Using mouthwash: This will actually raise your BAC reading. The average glass of wine has only 12% alcohol, while the alcohol in mouthwash can hit a whopping 26.9%.
Burping: This is supposed to cause the air to bypass your lungs and come directly from your stomach – an idea that doesn’t actually make anatomical sense.
Eating mints: This can reduce the odor of alcohol on your breath and make it less noticeable, but it won’t affect the BAC reading.
Putting a battery in your mouth: This is another version of the penny trick, and it’s an actual choking hazard with no potential benefit.
Hyperventilating: Done correctly, this can potentially reduce your BAC reading – but there’s no way that an officer isn’t going to notice what you’re doing. You’ll just be instructed to retake the Breathalyzer test properly.
Swallowing paper or paper towels: Like bread or starch, this is supposed to soak up the alcohol in your stomach. That still won’t alter a Breathalyzer reading.

(This article taken from www.bcjohnsonlaw.com )

Administrative Hearing

mbrock1963@aol.com (Mike Brock) — Wed, 22 Mar 2023 15:44:43 GMT

Do I have to go to that administrative hearing?

You got arrested during a traffic stop because the police officers suspected you of impaired driving or you failed a breath test following a minor fender bender. You find yourself not only facing driving under the influence (DUI) charges but also the potential loss of your license.

Even a first-time DUI can mean losing your license for a year, and a refused breath test can lead to an additional licensing penalty. Most people think of the loss of their driving privileges as inevitable. Given that you will soon have to attend hearings in criminal court if you hope to avoid a conviction, you may question whether attending an administrative hearing is truly necessary.

Tennessee allows those accused of infractions that will affect their driver’s licenses to attend an administrative hearing and preserve their driving privileges. Do you need to attend that hearing?

Requesting and attending the hearing can help you

Although it is natural to want to focus your energy primarily on the criminal charges that you face, you also need to think about the Practical implications of your recent arrest. The loss of your license can be inconvenient not just for you but for your entire family.

A hearing can at least temporarily allow you to retain your driving privileges until you go to court to fight back against your charges. If you do not request to hearing within 10 days of your arrest, you may face the suspension of your license and will have to deal with the hardship that losing your independent transportation options may cause.

You don’t always have to attend yourself

Although attending an administrative hearing is a smart move, you may not want to take time off of work to do so. If you hire a criminal defense attorney to help you fight the charges against you and preserve your driver’s license, you don’t always need to attend hearings in person. Especially if you have a successful career, the courts will often waive the requirement for your personal presence so long as the lawyer that you hired physically attends the hearing.

Losing your license could mean waiting months to regain your driving privileges and incurring thousands of dollars in transportation costs in the interim. Attending and administrative hearing and fighting back against impaired driving charges will both be important steps for those who currently face drunk driving allegations.

(This article taken from www.bcjohnsonlaw.com )

Drug Crime Misdemeanors V Felonies

mbrock1963@aol.com (Mike Brock) — Mon, 20 Mar 2023 16:47:54 GMT

What drug crimes are misdemeanors? When do they become felonies?

Although social attitudes about drugs have changed dramatically in recent years, the laws in Tennessee really haven’t followed suit. It is still against the law to use, possess, manufacture and sell controlled substances and numerous prohibited drugs. Those who are arrested based on allegations of violating drug laws may face harsh sentences in many cases and, all too often, life-altering criminal charges.

The exact penalties that someone will face depend on various factors, including the type of drug involved, the amount of the drug police discover and the defendant’s criminal history. Some drug offenses in Tennessee are misdemeanor charges, but others are classified as felony charges.

It can be hard for people to understand exactly what penalties they might face after an arrest because of the vast array of drug charges possible under Tennessee state law. Those who learn more about basic drug charges will be in a better position to mount the strongest possible defense under the circumstances.

When is a drug crime a misdemeanor?

First-time possession offenses in Tennessee often lead to misdemeanor charges that frequently carry up to $2,500 in fines and potentially up to a year in state custody in some cases. However, only those in possession of a small amount of a substance will face simple possession charges. Anyone caught with more than a half ounce of a controlled substance will likely face more serious penalties.

Other than first-time possession charges, the other possible drug charges in Tennessee are actually felony offenses. Drug sales, possession with intent to sell, as well as manufacturing and trafficking, are all possible charges when the police arrest someone with a large amount of controlled substances in their possession.

The weight of the substances will determine the class of the felony offense and therefore the amount of prison time possible. Those caught with under ten pounds of a controlled substance might face up to six years in state custody. Those caught with more than 300 pounds could face up to 30 years in prison.

Learning state law is a good start for those accused of breaking it

Anyone who has been accused of a criminal infraction needs to educate themselves and get adequate legal support if they want to avoid life-altering consequences.

(This article taken from www.bcjohnsonlaw.com )

Probable Cause Traffic Stop

mbrock1963@aol.com (Mike Brock) — Fri, 17 Mar 2023 17:33:38 GMT

What can be used as probable cause during a traffic stop?

Many DUI arrests simply start as a traffic stop. There are certainly cases in which the police believe someone is intoxicated in advance. But a lot of these stops happen when the police don’t know why the driver made a mistake, but they simply want to pull them over for that mistake and find out more. This is when an officer may realize that the driver is impaired and make an arrest.

However, it is unlawful for the police to make random stops of any cars that they want simply to see if these drivers are intoxicated. To conduct a legal traffic stop, they need to have some sort of probable cause in advance. There must be reasonable suspicion that the stop is warranted. So what types of things will they look for?

Standard traffic driving errors

To start with, police are going to look for normal mistakes that drivers make routinely. These include things like breaking the speed limit or changing lanes without signaling. An officer who pulls someone over on these grounds may not have any suspicion at all that the person is intoxicated. These mistakes are common enough that many sober drivers still make them.

Signs of impairment

Officers will also analyze the way that someone is driving to look for any potential signs that they are impaired. Some examples include:

Weaving within the lane
Driving right on top of the centerline
Making extra-wide turns
Driving below the speed limit
Failing to start moving when a light turns green
Stopping much to far before a red light
Running a red light or a stop sign
Drifting off the side of the road
Being involved in a near miss situation with another vehicle

These are just a few examples, but they help to show you the types of things that police are looking for. Perhaps more importantly, they also demonstrate that police need to have a reason for the traffic stop to initially occur, long before any sort of drunk driving arrest takes place.

(This article taken from www.bcjohnsonlaw.com )

Neighbors Calling Police?

mbrock1963@aol.com (Mike Brock) — Mon, 13 Mar 2023 16:41:23 GMT

When your neighbor calls the police, someone may go to jail

Your neighbors probably mean well, even if they cause legal problems for you. Maybe you know them closely, so they worry about you when something sounds wrong at your house. Maybe you only ever see them to wave in passing as you roll out your trash canisters for weekly pick up, so they misunderstand and believe that what is really just a spirited argument is a sign of domestic violence.

If a neighbor calls the police when they hear shouting, screaming or items breaking in your home, the cops will knock on your door to assess the situation for signs of domestic violence. Very frequently, these visits result in someone from the household getting arrested.

How do Tennessee police officers handle domestic violence calls?

With most kinds of violent offenses, the person who got hurt is often eager to talk to the police. That is typically not the case in domestic violence scenarios. Instead, the victim may try to deny that there is anything wrong and get the police to leave.

Often, both parties may have played a role in the arguments or physical confrontation. Both of them may have broken items around the home. The police officers need to look for signs of bodily harm and either person and try to determine who was the primary aggressor. Someone who throws a punch to defend themselves during a strangulation attack would not face the same degree of responsibility for the situation as the person choking them.

If the police determine that domestic violence likely did occur and that one of the two people present was the primary aggressor, they will arrest that individual. They will also need to offer support to the victim, including transportation to a safe place, like a family member’s house.

The other person involved can’t necessarily prevent prosecution

The victims of a violent crime can sometimes ask prosecutors to drop the charges. Someone mugged by a stranger might meet with their attacker, sympathize with their financial situation and forgive them, for example.

You likely won’t have that option in a domestic violence case. Victims involved in the prosecution of domestic violence offenses frequently recant their prior statements, which can complicate prosecution. As a result, many Tennessee prosecutors will only bring domestic violence charges when the evidence of an injury or statements by police officers and other witnesses are enough to secure a conviction without the cooperation of the victim.

(This article taken from www.bcjohnsonlaw.com )

Intent To Distribute

mbrock1963@aol.com (Mike Brock) — Fri, 10 Mar 2023 18:47:50 GMT

What is intent to distribute and how could you face this charge?

Drug charges can negatively influence your life for many years to come. If you’re facing them, something you need to understand is that a simple act of possession could become a charge for intending to distribute drugs if you possessed enough for the prosecution to pursue that charge.

Someone caught at any part of the distribution chain can be charged with this crime, too. This means that if you were manufacturing, delivering, selling or transporting drugs to others, then you could be charged with possession with the intent to distribute.

Possession with intent to distribute comes with harsher penalties

You should know that simple possession has much less severe penalties compared to those that come with intent to distribute drugs. For one thing, bail will be higher. There will also be a more severe punishment upon conviction.

It is a felony to intend to distribute, so it’s important to take action to fight back against charges. Potential penalties also vary depending on the schedule of the drug involved.

How could you be falsely accused of intending to distribute drugs?

Imagine this scenario: You’re driving home and have a friend with you. You drop them off at their house on the way, but they leave some drugs behind in your vehicle. You don’t know about them.

You get stopped because you’re speeding. The officer happens to have a drug dog with him that he takes around the vehicle as he completes the traffic stop. The drug dog alerts him to the vehicle, and you end up having a search. The drugs are found, and there are baggies within a larger bag that appear they’re packaged for sale.

In this case, you could be falsely accused of not only possessing drugs but also intending to distribute them to others. You’d want to take steps to learn more about your legal rights as soon as possible after the arrest, because the last thing you want is to go to jail or face trial for a crime that you did not commit.

(This article taken from www.bcjohnsonlaw.com )

First Time DUI

mbrock1963@aol.com (Mike Brock) — Mon, 06 Mar 2023 19:45:43 GMT

What penalties do you face for a first offense DUI?

If you enjoy going out to bars or spending time at parties, there is a chance that you could have alcohol at those events. Alcohol in and of itself isn’t bad, but if you decide to drive, you could end up facing serious repercussions.

Did you know that while the per-se limit is .08%, you could actually be stopped and arrested at a lower blood alcohol concentration? Making an error on the road, like swerving to avoid what you thought was a hazard, might draw an officer’s attention. If you had anything at all to drink, they may attribute your actions to being impaired.

A first-offense DUI should be taken just as seriously as if you’ve faced charges before. Why? Even this first-offense accusation could harm your reputation and lead to serious trouble.

What are the penalties a first-time offender would face upon conviction?

If you are convicted of drinking and driving, you could be imprisoned for between 48 hours and 11 months and 29 days. If you have a blood alcohol concentration over .2%, the minimum jail time will increase to seven days.

As a first-time offender, you could be ordered to go to an alcohol and drug treatment program and have your license revoked for a year. There is a potential to obtain a restricted license, which could help you maintain your job or keep up with your other responsibilities.

If anyone was harmed as a result of your drinking and driving, then you will be asked to pay restitution for their losses. On top of that, there are administrative penalties that range from $350 to $1,500 in fines depending on the case.

First-time offenders must use Ignition Interlock Devices if ordered. Those are installed at your expense and may cost $1,000 or more in the first year. All added together, a first-time conviction for a DUI is expected to cost an average of $4,900.

(This article taken from www.bcjohnsonlaw.com )

Neighbors and police

mbrock1963@aol.com (Mike Brock) — Wed, 01 Mar 2023 18:43:51 GMT

When your neighbors call the police, someone might go to jail

How do Tennessee police officers handle domestic violence calls?

The other person involved can’t necessarily prevent prosecution

It can be a significant challenge to defend against domestic violence charges, but that does not mean it is impossible. Understanding the rules that apply to such police calls and prosecution in Tennessee can help you plan an appropriate defense strategy when facing allegations of domestic violence.

(This article taken from www.bcjohnsonlaw.com )

Tennessee Marijuana Laws Stay The Same

mbrock1963@aol.com (Mike Brock) — Fri, 24 Feb 2023 19:00:28 GMT

Tennessee rules apply despite other states’ changing drug laws

A little over a decade ago, politicians could run for office with very few official policy stances. Just claiming to be tough on drugs was enough to get voters to back someone.

Social attitudes about drug use have changed drastically in recent years. Between an increasing body of evidence showing that prohibition policies are ineffective at reducing drug use and more states embracing medical and recreational marijuana legalization, cultural attitudes about drugs have changed substantially in the last two decades.

While the average person now has a much less negative view of social drug use, especially when it comes to marijuana, Tennessee state law still requires jail time for even possession offenses.

Tennessee law reflects federal rules rather than progress in other states

While it would only take a few hours in the car to cross the border into Kentucky and then Illinois to make a legal marijuana purchase or even less time to go to another nearby state with legal medical marijuana, you will be at risk of state charges when you bring that marijuana back to Tennessee with you. If you get caught transporting it across state lines, you can even face federal charges.

Currently, if the police catch you in possession of marijuana in Tennessee, you will face misdemeanor charges. Even the little bit of a leftover joint at the bottom of your purse could lead to up to 11 months and 29 days in prison and a fine of as much as $2,500. If you already have two prior marijuana offenses on your record, then a possession offense will be a felony the third time the state charges you.

Those caught distributing or cultivating marijuana could face long-term incarceration if convicted of the resulting felony offenses that these actions carry. If you get caught with marijuana in Memphis or Nashville, the officer who notices the marijuana has the right to use personal discretion about whether they arrest you or not. You gamble with your freedom and your future if you hope that an officer will choose not to arrest you despite state law permitting them to do so.

Waiting for the law to catch up to social change is the best approach

Although you may think that marijuana could be a good medicine for a medical condition that you have or an alternative to alcohol for relaxing on the weekends, you take a lot of risk by trying a substance currently prohibited under state and federal law.

Understanding the rules that can lead to drug charges in Tennessee can help you avoid accidentally breaking the law. Remembering that Tennessee laws are the only ones that matter when you get arrested in Tennessee can help you make smarter personal decisions.

(This article taken from www.bcjohnsonlaw.com )

Beyond The First DUI

mbrock1963@aol.com (Mike Brock) — Wed, 22 Feb 2023 16:51:30 GMT

Not your first DUI? Here's what to expect

If you had a DUI in your past and are facing a DUI again, now is a good time to look at the kinds of penalties that you could face.

Even a first-time DUI is negative in Tennessee, but a second, third, fourth or subsequent charge will be treated much more strictly. If this is your second offense, you can expect to face harsher penalties. For third and fourth offenses, those penalties are even more severe.

A second DUI in Tennessee

When you get a second DUI conviction in Tennessee, you could face penalties such as:

Having to install an Ignition Interlock Device at your own expense if you’ve had two DUIs within five years
Losing your vehicle due to vehicle seizure/forfeiture
A mandatory fine of between $600 and $3,500
Up to 11 months and 29 days in jail
Having to go to an alcohol and drug treatment program
A license restriction for two years
Paying restitution to anyone harmed by your actions

These penalties are only administrative and criminal. They don’t account for other issues, like the loss of a job or higher cost of auto insurance.

A third-time DUI offense

With a third-time DUI offense, you could face up to 11 months and 29 days in jail. The mandatory fine also grows to up to $10,000.

Additional penalties may include:

Going to an alcohol and drug addiction treatment program
Having your vehicle seized
A license revocation of up to six years
Needing to install an Ignition Interlock Device for six months if at least two of your DUI convictions has taken place in the last five years

These penalties are severe, but they are not the worst that could happen. With fourth and subsequent convictions, you’ll see greater penalties.

4th convictions for DUIs

When you have four or more DUIs in Tennessee, you’ll now face a Class E Felony. Jail time starts at a year with a minimum sentence of 150 days. Fines increase up to $15,000.

(This article taken from www.bcjohnsonlaw.com )

Common Issues With DUIs

mbrock1963@aol.com (Mike Brock) — Mon, 20 Feb 2023 17:18:07 GMT

What are some common issues with DUI charges

There are all kinds of reasons that a person may want to challenge DUI charges lodged against them. They may think that the police officer was targeting them or that they failed the Breathalyzer test because it was not given appropriately.

DUI charges can be extremely damaging to your life, so it’s important to seek out ways to defend yourself. You can take issue with:

The officer’s reasoning for the traffic stop
The way the Breathalyzer test was given
The results of field sobriety tests
Accusations of intoxication when you were sober

It’s always important to defend yourself against drunk driving allegations, because these can come with the risk of heavy fines and penalties.

How should you address common concerns about DUI allegations?

There are a few steps to take to address the concerns you may have about the DUI allegations you could be facing.

The first is to go over the basis for the traffic stop. Did the officer have a reason to pull you over? Did you speed, or were you driving erratically?

The next thing to think about is how the Breathalyzer test was performed. Did you burp or stop blowing into the machine sooner than you should have? Was the officer qualified to perform the test? These questions could help you determine if a defense is available against the alleged evidence.

If you failed a field sobriety test, you should consider if a medical condition could have played a role in failing. For example, do you have vertigo? If so, that might make it hard for you to complete a test based on balance.

Finally, if you were sober, you need to think about why the tests might have shown otherwise. For instance, diabetes could trigger a positive Breathalyzer test and make you appear drunk during a traffic stop.

(This article taken from www.bcjohnsonlaw.com )

Assault Or Battery

mbrock1963@aol.com (Mike Brock) — Fri, 17 Feb 2023 17:37:29 GMT

Assault or battery: What's the difference?

If you are accused with assault or battery, you need to understand what that means and how those accusations could affect you. Violent crimes can lead to serious punishments, which is why you need to have a strong defense to protect yourself.

In the scenario in which you’re accused of threatening or harming someone, you may be accused of assault or battery. The two are different charges, though many people think of them as the same thing.

What is assault?

Assault is unique from battery because no contact is necessary for you to be accused of assault. For example, if you threaten someone else and make them fear for their life, then you could be accused of assault.

Here’s how that charge could come up. Imagine getting involved in an argument with someone you’ve just met. You start yelling at them and threatening them in some way. In that case, since they could reasonably think that you’re going to harm them, you could be accused of assault.

What is battery?

Battery is different because harmful or offensive conduct does have to happen. For example, if you are involved in a bar fight and hit another person with a chair, you’d be accused of battery.

Sometimes, assault and battery charges go together. Initially, there may have been threats, or a situation might have built up into a physical altercation. Since these two offenses could happen near the same time, it makes sense that you could face both charges in court.

You can build a defense if you’re accused of assault and battery

If you are accused of assault or battery, you have the option to build a defense and fight the charges. You have a right to speak with an attorney and to go over what these charges could mean for you.

It is helpful to understand the possible penalties as well as the defensive options you could use to help yourself. In some cases, you may be able to get the charges reduced or eliminated completely. The exact defenses available will depend on your circumstances, so it’s valuable to learn more about your legal options.

(This article taken from www.bcjohnsonlaw.com )

Prescription Drugs And Criminal Charges

mbrock1963@aol.com (Mike Brock) — Mon, 13 Feb 2023 17:53:35 GMT

Two reasons prescription drugs lead to Tennessee criminal charges

Most adults are acutely aware of the fact that possession and use of prohibited substances can lead to criminal charges. However, not as many adults in Tennessee understand controlled substances, like prescription medication.

There are numerous useful drugs, ranging from narcotic pain relievers to psychiatric medication, which are only available when prescribed by a licensed medical professional. There are many adults in Tennessee who wrongly assume that they won’t get into criminal trouble if they use a legal prescription medication instead of a banned drug like methamphetamine or heroin.

Although people can and do legally utilize prescription medication for appropriate medical purposes, people can also abuse prescribed drugs, which has led to the criminalization of their use in certain ways. There are two common circumstances that can lead to criminal charges over prescription drugs.

Someone gives medication to others or buys medication

It is only legal to possess prescription medications recommended to you by your physician and provided to you by a licensed pharmacist. Even if you have a prescription for a certain medication, it is not legal to buy that medication from an unregulated supplier.

It is equally illegal for you to give away, trade or sell prescription medication that you obtained from a pharmacy. While you may no longer need that medication, you cannot legally give it to others. Even a transfer that does not result in gain can still lead to accusations of drug trafficking. Especially if the medication in question is one with commonly associated with drug abuse, you could end up prosecuted for buying, selling for giving away the medication.

Driving after taking a prescription

It is illegal for you to operate a vehicle while under the influence of any substance that will impair your ability. A prescription medication can easily affect how well you drive, just like alcohol or illegal drugs might.

If a police officer believes that you are under the influence and unsafe to drive, they may pull you over and then arrest you for drugged driving. The legality of the medication does not necessarily make it legal to drive after consuming it.

Recognizing the limits on what you can do with prescription medication could potentially help you avoid Tennessee drug charges.

(This article taken from www.bcjohnsonlaw.com )

DUI Traffic Stop

mbrock1963@aol.com (Mike Brock) — Fri, 10 Feb 2023 19:41:40 GMT

What leads police to do a DUI traffic stop?

Police officers have a duty to keep the streets as safe as they can. Making sure that they don’t have any unsafe drivers around is one way they can do this. While they’re out on patrol, they’ll look for signs of drunk driving.

In order to conduct a drunk driving traffic stop, the officer needs to have reasonable suspicion that there’s a law being broken or that one has been broken. This is much less strict than probable cause, which is the standard required to arrest someone.

What are some signs police officers look for?

Officers are trained to look for some very specific behaviors that are associated with drunk driving. While there are many that can occur, some of the more common include:

Braking frequently or without cause
Driving too slowly
Turning without a signal
Swerving between lanes
Driving erratically
Hitting roadside objects or almost hitting them

Sometimes, drunk driving charges stem from other events. One of these is if an accident occurs. Drivers are usually evaluated if they have any signs of impairment after the crash.

Cops may also initiate a traffic stop for another reason, such as a broken taillight, and then recognize signs of impairment when they make contact with the driver. The signal might be the driver’s behavior or potentially the smell of alcohol.

What happens when they stop the vehicle?

Once they stop the vehicle, the police officer will try to determine what’s going on. They’ll likely talk to the driver, but drivers in these situations should remember they have constitutional rights. The officer may also ask the driver to go through a field sobriety test and take a chemical test.

(This article taken from www.bcjohnsonlaw.com )

Probable Cause

mbrock1963@aol.com (Mike Brock) — Wed, 08 Feb 2023 17:04:41 GMT

What can be used as probable cause for a traffic stop?

Standard traffic driving errors

Signs of impairment

Officers will also analyze the way that someone is driving to look for any potential signs that they are impaired. Some examples include:

Weaving within the lane
Driving right on top of the centerline
Making extra-wide turns
Driving below the speed limit
Failing to start moving when a light turns green
Stopping much to far before a red light
Running a red light or a stop sign
Drifting off the side of the road
Being involved in a near miss situation with another vehicle

(This article taken from www.bcjohnsonlaw.com )

DUI Traffic Stop

Fri, 03 Feb 2023 17:06:27 GMT

What leads police to a DUI traffic stop?

What are some signs police officers look for?

Officers are trained to look for some very specific behaviors that are associated with drunk driving. While there are many that can occur, some of the more common include:

Braking frequently or without cause
Driving too slowly
Turning without a signal
Swerving between lanes
Driving erratically
Hitting roadside objects or almost hitting them

Sometimes, drunk driving charges stem from other events. One of these is if an accident occurs. Drivers are usually evaluated if they have any signs of impairment after the crash.

What happens when they stop the vehicle?

(This article taken from www.bcjohnsonlaw.com )

Buzzed Driving

mbrock1963@aol.com (Mike Brock) — Wed, 01 Feb 2023 17:36:51 GMT

Buzzed driving increases risk of car accidents

Everyone knows that drunk driving is dangerous. What many people may not realize, however, is that buzzed driving – driving after one or two drinks, with a blood alcohol content of less than the .08 legal limit – is also a significant danger. Indeed, one recently published study indicates that buzzed drivers are far more likely to be at fault for car accidents than sober drivers.

Researchers at the University of California at San Diego examined information from a national database that includes data from approximately 570,000 car accidents that occurred in the U.S. between 1994 and 2011. Data from fatal accidents indicates that when it comes to ensuring safe driving, there is no such thing as a safe level of alcohol in a driver’s blood.

The authors of the study, which was published in the journal Injury Prevention , specifically examined drivers’ measured BAC at the time of their accidents and whether there were clear indicia of blame. Indicia of blame might include, for example, whether one driver had switched lanes unexpectedly or had disobeyed a traffic signal.

Surprisingly, researchers found that people who had a .01 BAC, which represented the lowest blood alcohol level recorded in the database, had about a 46 percent greater chance of being the sole cause of a car accident than sober drivers. According to the authors of the study, an adult man would register a .01 BAC after having only six ounces of beer. Unsurprisingly, the data indicated that as drivers’ BAC levels increased, so did the probability that they would be responsible for a serious accident.

This study is the first to offer an analysis of nationwide data on buzzed drivers, but its findings are not likely to surprise many safety experts. More than anything else, the study shows that the .08 BAC level, set by every state as the threshold for most DUI offenses, is really rather arbitrary. Driving with a .07 BAC is significantly dangerous, even if it may be, strictly speaking, legal.

It remains to be seen whether lawmakers are likely to take action on this issue, although some have suggested that states make efforts to set the BAC level for DUI to .05 percent.

(This article taken from www.loganthompsonlaw.com )

Impaired Driving

mbrock1963@aol.com (Mike Brock) — Fri, 27 Jan 2023 18:30:48 GMT

Impaired driving continues to be an issue for Tennessee officials

KEY FINDINGS OF THE TRAFFIC FATALITIES STATISTICS REPORT

TENNESSEE’S PLANS FOR IMPROVING SAFETY

(This article taken from www.loganthompsonlaw.com )

DUI In Tennessee

mbrock1963@aol.com (Mike Brock) — Fri, 20 Jan 2023 17:24:49 GMT

What to expect when an offender receives a DUI in Tennessee

BAC Limits

Punishments and Sentences

Implied Consent

(This article taken from www.loganthompsonlaw.com )

DUI & Cannabis

mbrock1963@aol.com (Mike Brock) — Wed, 18 Jan 2023 16:41:58 GMT

DUI and cannabis- Tennessee Law

Though we typically associate a DUI with alcohol, it’s important to note that Driving Under the Influence means driving under the influence of any substance that can and will impair your judgment and driving abilities. DUIs can be for controlled substances, alcohol, and drugs. Tennessee is one of the 13 states where medical cannabis is not available. Tennessee is one of the 19 states where anyone possessing cannabis, even a small amount of a half ounce or less, is punishable by incarceration.

The only form of cannabis allowed in Tennessee is high-CBD, low-THC cannabis oil for seizure patients, which means that any use of cannabis, medically or recreationally, is illegal. As with Tennessee law, cannabis possession and cultivation is illegal. Cannabis possession is a misdemeanor, punishable up to 11 months and 29 days with a fine of up to $2,500. Cultivation of 10 plants or less is a felony, punishable by one to six years in prison with years added per plant over the 10.

When it comes to driving, part of getting a license is to hold yourself accountable to the laws of the land. No matter your personal beliefs on cannabis, you cannot be under its influence while driving. Not only will you be charged with possession, but you will also be charged with a DUI. If you cause injury or death, the charges will increase per incident.

Please drive safely and stay attentive to yourself and others.

(This article taken from www.loganthompsonlaw.com )

Violating Felony Probation

mbrock1963@aol.com (Mike Brock) — Mon, 16 Jan 2023 17:28:42 GMT

Will you automatically go to jail for violating felony probation?

Felony probation violations

The Tennessee courts reserve a sentence of felony probation for those convicted of felony crimes. You could violate your probation in a number of ways:

Refusing to complete community service hours
Failing to submit to search conditions
Failing a drug test (in cases of some drug felonies)
Missing a meeting with your probation officer
Breaking a law

Probation revocation

(This article taken from www.thomasovertonlegal.com )

Prescriptions

mbrock1963@aol.com (Mike Brock) — Fri, 13 Jan 2023 17:07:45 GMT

Legal issues with prescription medications

When you are sick or injured, you seek medical care to feel better. Depending on the severity of your condition, your doctor may prescribe opioids or other drugs to help you manage symptoms while you recover.

However, what happens when the doctor stops ordering your drugs? For some, restricted access to previously available substances can lead to serious drug crimes.

Addiction

Many people develop a dependency on medications after following a legitimate prescription protocol. Some of the most common and most addictive drugs include:

Vicodin
OxyContin
Percocet
Demerol
Darvocet

Doctor shopping

Many addicts attempt to gain access to their preferred drugs by doctor shopping or making numerous visits to various clinics in hopes of attaining a prescription. These patients will lie to medical practitioners, misrepresenting or embellishing symptoms in desperate attempts to attain their next fix.

The Uniform Narcotic Drug Act prohibits doctor shopping, and doctors who fail to check for signs of abuse before issuing prescriptions for opioids, narcotics or other serious medications may also face criminal charges.

Drug sharing

Even if your intentions are good, letting someone else take your medications is a serious health risk because you have no knowledge of that person’s medical history, allergies or potential drug interactions. For this reason, distributing drugs without a medical license is a crime. Therefore, sharing your personal prescription medication with another person is against federal and Tennessee state law.

A drug conviction can have a lasting impact on your future. If you are struggling with dependency on prescription medication, it is important to seek treatment before your addiction takes control of every aspect of your life.

(This article taken from www.thomasovertonlegal.com )

Search Warrant

mbrock1963@aol.com (Mike Brock) — Wed, 11 Jan 2023 17:22:38 GMT

How to keep the police from entering your house without a search warrant

The Founding Fathers of this country rebelled against the English government to establish certain basic human rights. A fundamental principle in the Constitution is protection against unreasonable searches and seizures.

Understanding the application of this concept can help a person keep police with no warrant out of the home.

Fourth Amendment protections

The Fourth Amendment guarantees citizens security against unreasonable searches and seizures. Police officers must have a valid warrant before entering someone’s home and may only search an individual’s property if they have reasonable cause.

People can protect this right by understanding how to address law enforcement who wish to enter. An occupant should be respectful to the officers but make it clear that they cannot come into the home without a warrant.

Suppose an officer insists on entering the premises without a warrant and no critical circumstances are present, such as fire or the smell of smoke. In that case, a home occupant can say, “I do not consent to your entry,” or invite them to wait outside until obtaining a proper warrant.

Exceptions

In specific scenarios, the police may enter a home without a warrant. Such cases include:

During life-threatening emergencies for the occupants
When there is probable cause to believe a serious crime is taking place
If evidence of a crime is on the premises
When pursuing a criminal suspect of a serious crime

In these cases, officers must act to protect the community’s safety. Such situations must meet high levels of scrutiny that other authorities must review later.

Constitutional protections attempt to strike a balance that preserves the freedoms of individuals and the community. By preparing to take well-thought-out action, a person may prevent law enforcement from entering a home.

(This article taken from www.thomasovertonlegal.com )

DUI Consequences

mbrock1963@aol.com (Mike Brock) — Mon, 09 Jan 2023 17:08:47 GMT

Long term consequences of a DUI conviction

Almost immediately after your DUI arrest, you may have sensed that things could go very badly for you. If you refused to take a blood alcohol test, officers probably warned you of Tennessee’s implied consent law, which means the court could suspend your license if you don’t submit to the test. Even if this was your first offense, you could be facing time in jail in addition to substantial fines, fees and other penalties.

The conviction on your record, however, may affect you for years after you have served your sentence and paid your fine. A DUI conviction may jeopardize your efforts to find meaningful work.

A DUI may cost you dearly

Because many employers interpret a drunk driving conviction as a serious lapse in judgment, you may find yourself passed over when you are otherwise well-qualified for a job. Some employers may jump to the conclusion that a deeper concern, such as addiction, may make you a risk. You may experience such rejection in jobs with requirements similar to these:

Jobs that entail driving
Employment working with children
Positions dealing with sensitive information
Work that is carefully scrutinized by the public
Careers requiring a professional license
Health care positions
Military or law enforcement jobs

Potential employers may also pass you over for jobs that require impeccable vetting, such as investment or dealing with finances.

In addition to your possible ineligibility for new jobs, your present boss may have reservations about your continued employment. If your driver’s license is suspended and transportation difficulties make you late or absent, a manager may use this as an excuse to cut your hours or let you go. Even if your DUI conviction does not directly affect your work, you may lose your job if you need to take time off for hearings, community service or jail time.

(This article taken from www.thomasovertonlegal.com )

DUI Penalities

mbrock1963@aol.com (Mike Brock) — Fri, 06 Jan 2023 17:30:32 GMT

What penalties could you face for DUI in Tennessee?

If you made a mistake and got behind the wheel of your car after drinking, you may face charges for drunk driving. A conviction could jeopardize job opportunities, college admission and college scholarships. Of course, you could also face criminal penalties.

Here in Tennessee, a breath test indicating a blood alcohol concentration of .08 or higher could land you in jail on suspicion of driving under the influence. A DUI conviction comes with numerous penalties that depend on how many prior convictions you have for this offense. Those penalties can increase if your BAC is .20 or higher. Laws regarding underage drinkers differ, but the information on potential penalties given below focuses on individuals age 21 or older.

First offense

If convicted of a first-offense DUI, you could face a mandatory minimum of two to seven days in jail to a maximum of 11 months and 29 days. Fines could range between $350 and $1,500. You could also lose your license for up to one year, and a judge may obligate you to attend a drug and alcohol treatment program. The court may order you to use an ignition interlock device as well.

Second offense

A prior conviction for DUI could cause you to face a minimum of 45 days in jail. Fines could range between $600 and $3,500. You could lose your license for up to two years. When you do get your license back, the court could restrict your driving to going to court-ordered alcohol treatment programs, school and work. In the alternative, the court may require you to use an ignition interlock device. A second DUI conviction also allows for the confiscation of your vehicle.

Third offense and beyond

Two or more convictions for DUI could land you in jail for 120 days — minimum. The fines increase to between $1,100 and $10,000. You could lose your license anywhere between six and 10 years, and you wouldn’t have the opportunity to obtain a restricted license. Any additional DUI convictions require a minimum of 365 days of incarceration. Fines go up once again to between $3,000 and $15,000. You could also lose your license for eight years without the possibility of obtaining a restricted license.

Those penalties are just a starting point

The penalties outlined above represent a starting point for a DUI conviction. Other factors such as accidents could mean an increase in penalties. If you injured someone in an alcohol-related crash, you could face charges for vehicular assault. If someone died, that charge may upgrade to vehicular homicide.

As you can see, you face harsh penalties if convicted of DUI here in Tennessee. It may be a good idea to challenge the charges against you. You retain the presumption of innocence unless proved guilty beyond a reasonable doubt, the option to confront any witnesses against you (this includes the officer that arrested you) and the right to challenge any evidence the prosecution intends to present to the court. You may also exercise your right to legal counsel to help you achieve the best outcome possible to the charges.

(This article taken from www.thomasovertonlegal.com )

Wrongful Convictions

mbrock1963@aol.com (Mike Brock) — Mon, 02 Jan 2023 17:13:28 GMT

Bad evidence can lead to a wrongful conviction

A loved one has been charged with a crime that you know he or she did not commit. All you need to do is wait for the not-guilty verdict to be read so that you can all leave this nightmare in the past, right? Not necessarily.

Wrongful convictions are a lot more common than any of us would like to believe. Innocent people in Tennessee can be convicted of crimes they did not commit, often because of questionable evidence.

According to the Innocence Project, which exonerates the wrongly convicted through DNA testing, many wrongful convictions involve the following problems with evidence, testimony or confessions:

1. Flawed eyewitness testimony: Eyewitness testimony is prone to human error and manipulation.

2. Erroneous forensic evidence: Forensic evidence can be questionable or fraudulent because of human error, scientific error, or purposeful misconduct.

3. Untruthful informants: Informants, or snitches, often have ulterior motives for providing dishonest testimony.

4. False confessions: False confessions can be the result of coercion, confusion, fear, intimidation or lack of mental capacity.

There is no way of knowing exactly how many people are wrongfully convicted of crimes in Tennessee each year, but according to the National Registry of Exonerations well over 1,700 people in the U.S. have been formally exonerated. This does not include people who were informally exonerated, or those who were never exonerated even though they were wrongfully convicted.

How to avoid wrongful conviction in Tennessee

The most effective way of ensuring that your loved one is not wrongfully convicted is to take the misdemeanor or felony charges seriously, even if you know for a fact that he or she is innocent.

That means getting a lawyer who will make sure that your loved one’s rights are protected, and objects to any problems that could arise with evidence, testimony or a confession.

Once a guilty verdict is rendered, it becomes more difficult to prove innocence. However, even years later, it may still be possible to pursue an appeal or expungement.

(This article taken from www.thomasovertonlegal.com )

Vehicular Homicide

mbrock1963@aol.com (Mike Brock) — Fri, 30 Dec 2022 17:23:17 GMT

Can you negotiate in a vehicular homicide case?

To face a charge of vehicular homicide in Tennessee, there are a number of different penalties. Circumstance matters in a vehicular homicide case. For instance, a reckless driving is a class C felony whereas aggravated vehicular homicide is a class A felony. The circumstances surrounding the accident and your behavior during the accident matter in these cases. When charged, you may even be able to negotiate a lesser charge or penalty.

A breakdown

To face charges of vehicular homicide, you have to cause another person’s death through reckless driving. For instance, you may have:

Sped in a construction zone
Drove dangerously
Used alcohol or drugs before driving
Raced with other vehicles

Each of these behaviors may hold a variety of charges. When charged with vehicular homicide, it is up to the prosecution to prove that you acted recklessly and that your actions led to another person’s death. To act recklessly means that you know you act dangerously and you understand the risks involved but still take part in the behavior. Whenever you drive over the legal limit of intoxication, you essentially take a risk. A BAC over 0.08% can result in a vehicular homicide charge if a person dies due to the accident.

Plea bargains

In criminal cases, including vehicular homicide, you can settle the case before you get to court by negotiating a plea bargain. A plea bargain normally provides the defendant with an opportunity to plead guilty to a lesser charge. In addition, the prosecution will often recommend that the sentencing is far more lenient than it would have been if the case went to trial.

Often, when you enter negotiations for a plea bargain, the entire process remains private until you finish your plea. When it comes to sentencing, you may receive a lesser penalty, but in terms of your sentence, it is ultimately the judge’s decision.

(This article taken from www.thomasovertonlegal.com )

Assault Charges In Tennessee

mbrock1963@aol.com (Mike Brock) — Wed, 28 Dec 2022 17:22:47 GMT

Things to know when facing an assault charge in Tennessee

If a police officer charged you with assault, you’ll definitely have your work cut out for you to avoid conviction. This is because it’s often difficult to combat various tactics and strategies employed by prosecutors in such situations. For instance, you may assert that you were merely defending yourself when a particular disruption took place; however, if the prosecution convinces the court otherwise, the outcome may not be in your favor.

What constitutes assault?

Words alone do not constitute assault. Even if you shout at someone in anger, if you do not physically act in such a way to cause a threat of imminent harm, you are likely not committing assault.
For an assault charge to stick, there typically needs to be two issues at hand: You must be proved to have intended to cause apprehension or fear of harm, and you must successfully carry out the threat, meaning you actually cause harm in connection with the threat.
If you tell someone you want to kill them, it is not necessarily an assault; however, if you happen to be pointing a gun in their direction when you say it, that’s another story altogether. Presenting yourself physically in such a way that leads another person to believe that you intend to carry out a threat is considered assault under state law.

(This article taken from www.thomasovertonlegal.com )

Drivers License After DUI

mbrock1963@aol.com (Mike Brock) — Fri, 16 Dec 2022 19:02:00 GMT

Getting your drivers license reinstated after a DUI

The loss of driving privileges can be a devastating consequence for Tennessee drivers. Numerous types of traffic violations can ultimately result in this type of criminal penalty. License suspension or license revocation can make it challenging for people to get to work, get to school or simply run household errands. Unfortunately, license reinstatement can be a lengthy, costly process full of fines, paperwork and government deadlines.

In general, a driver must wait a specified period of time before attempting to reinstate a revoked or suspended license. The loss of driving privileges for a mandatory time period is the central penalty. However, there are additional steps individuals must accomplish before regaining the legal ability to drive. Depending on the type of violation and the court-ordered restrictions, the path to license reinstatement could potentially include:

Paying a license reinstatement fee
Paying any additional fees ordered by the court
Completing any court-ordered alcohol treatment and awareness programs
Installing an interlock ignition device on the vehicle
Retaking the driver’s examination test
Providing proof of SR-22 insurance

Even with so many online conveniences, the ability to get in your vehicle and travel to a destination is a critical part of daily life. While this often means crucial activities such as getting to work or school, it can quickly expand based on factors in your life. Taking the children to school, daycare or extracurricular activities, for example, or taking your pet to the veterinarian’s office means you must have ready access to a vehicle. After the suspension period has passed, it is important to take steps to have your driver’s license reinstated as soon as possible.

(This article taken from www.thomasovertonlegal.com )

Drug Crime Sentences

mbrock1963@aol.com (Mike Brock) — Mon, 12 Dec 2022 16:19:38 GMT

Two things that impact drug crime sentences in Tennessee

The old saying “The Devil is in the details” holds true when it comes to drug charges. The details of the allegations, of the things the police claim when filing criminal charges, will impact the severity of the penalties.

Example #1: Type.

Controlled substances, or illegal drugs, are put into one of seven categories in Tennessee. Lawmakers consider those that fall into the first category as the most dangerous with the highest risk of addiction. As such, they come with the strictest penalties. Examples of substances that fall within this category include heroin and LSD.

Lawmakers arrange the drugs down the list of controlled substances based on a number of factors. One of which is whether or not they sever a medicinal purpose. Moving down the list, Schedule II drugs include opioids, cocaine and meth, Schedule III, steroids and ketamine, Schedule IV includes prescription medications like Xanax and sedatives, and Schedule V, Tylenol with Codeine. Lawmakers in Tennessee moved away from the federal controlled substance list with this next part, Schedule VI, placing marijuana here. The federal list puts marijuana as a Schedule I substance. Finally, Schedule VII, contains butyl nitrate also known as poppers.

Example #2: Weight.

The weight or amount of the illegal substance can also impact the potential sentence. Simply put, the more the police claim you have in your possession the more time in person or monetary penalties they can push for at sentencing. If there is more than a certain amount, more than 0.5 ounces for marijuana as an example, the state can argue that you did more than simply possess the substance, you were also looking to sell it.

Take-home lesson

It is important to carefully review criminal charges and fight back if the police made false charges. A miscalculation of the weight of the substance or misinterpretation of the situation can have a huge impact on the potential sentence — and sentences are harsh. They can range from up to life imprisonment for the most serious offenses to a year for even the most mundane allegations.

(This article taken from www.thomasovertonlegal.com )

Field Sobriety Test

mbrock1963@aol.com (Mike Brock) — Fri, 09 Dec 2022 18:20:46 GMT

Is field sobriety testing biased?

Police use field sobriety tests to check for DUI during a stop or at checkpoints.

The problem with these tests is they are inherently subjective, and officers use little more than their own discretion to draw conclusions.

What are the types of field sobriety tests?

There are three field sobriety tests used in most states. The horizontal gaze nystagmus is an eye test. The officer will ask you to stand in place while they hold an object, usually their finger or a pen, and ask you to follow it with your eyes only. Moving anything else constitutes failure.

Another test requires you to walk in a straight line, counting your steps, until the officer tells you to turn back. You cannot use your arms to balance or look up from your feet.

The last test is the one-leg stand. The office will ask you to stand on one leg and lift the other six inches off the ground. They expect you to hold it for approximately 30 seconds.

Can you refuse?

You can politely decline to participate in field sobriety tests, and the officers cannot arrest you on that basis alone. However, they will likely then ask you to submit to a chemical test. Chemical tests use your urine, breath or blood to determine blood alcohol level. They typically ask you to breathe into a device, but these commonly produce false positives. You can decline a chemical test at the scene, but the officer will likely place you under arrest.

An arrest is not a conviction. You still have the chance to argue your case in court.

(This article taken from www.thomasovertonlegal.com )

Legal Trouble With Prescriptions

mbrock1963@aol.com (Mike Brock) — Thu, 08 Dec 2022 15:59:24 GMT

What are some legal issues with prescription medications

However, what happens when the doctor stops ordering your drugs? For some, restricted access to previously available substances can lead to serious drug crimes.

Addiction

Many people develop a dependency on medications after following a legitimate prescription protocol. Some of the most common and most addictive drugs include:

Vicodin
OxyContin
Percocet
Demerol
Darvocet

Doctor shopping

Drug sharing

(This article taken from www.thomasovertonlegal.com )

DUI Over Holidays

mbrock1963@aol.com (Mike Brock) — Wed, 07 Dec 2022 17:20:33 GMT

Increase police stops for DUI over the holidays

Nearly every holiday provides an opportunity for celebration. It is a chance to spend time with friends or family, and maybe cut a little loose while you have a break from your daily routine.

However, celebrating a holiday is not an excuse to drink irresponsibly before getting behind the wheel of your car. If you think that authorities take a lax approach to monitoring the roads on a holiday, you might be in for a rude awakening.

Do DUI cases increase on holidays?

According to various DUI statistics, the chance of a deadly crash involving intoxicated drivers approximately doubles around major holidays. In response to this evident threat, police in many cities will increase their street presence on holidays, particularly after dark. Drivers who exhibit unusual driving behaviors may be especially likely targets for a DUI stop during these times.

What should you do during a DUI stop?

Whether or not you have alcohol in your system, it is always best to comply with an officer during a DUI stop. You should, however, be aware of your rights. You do not have to provide any information beyond your name, nor do you have to consent to a search of your vehicle. If you do give verbal consent for a search, this can negate your ability to claim an unlawful search in the event that the matter eventually goes to court.

When you venture out during the holidays, it is important to know that drunk drivers are significantly more common and that police officers are being especially vigilant. You can protect yourself by following defensive driving practices and remaining constantly aware of your surroundings.

(This article taken from www.thomasovertonlegal.com )

Fifth Amendment

mbrock1963@aol.com (Mike Brock) — Mon, 07 Nov 2022 19:48:40 GMT

How much do you really know about the fifth amendment?

Most everyone has some idea of what “pleading the Fifth” means. They’ve seen people do it hundreds of times on the various incarnations of Law & Order and seen or heard people do it in real-life legal proceedings. The idea that a person shouldn’t be forced to incriminate themselves dates back to the very earliest founders of our country — people who had seen what happens when defendants aren’t given that kind of protection under the law and are forced to confess to whatever they are suspected of doing (even when they weren’t guilty).

Here’s what you should know about the rights you have under the Fifth Amendment — and the ones you do no:

You have the right not to testify in your own criminal trial. However, if you do testify, you can’t choose to answer some questions but plead the Fifth to others. Once you’re under oath, you’ve waived your right to invoke the Fifth Amendment throughout the proceedings.

Witnesses to a crime generally have no right to refuse to testify. If you’re subpoenaed to be a witness in a criminal legal proceeding, you can’t decline to testify or to answer the questions posed to you unless doing so would incriminate you of a crime (either involving the crime at hand or an unrelated one).

The right against self-incrimination applies only to “communicative evidence,” according to a U.S. Supreme Court ruling. It doesn’t mean that you can refuse to have your DNA (such as blood or saliva), fingerprints or other evidence collected.

The Fifth Amendment is also what gives you the “right to remain silent” if you’re arrested . It’s always wise to talk with an attorney if you’re in that situation as well as about whether or not it’s in your best interests to testify in any criminal proceeding you may be facing.

(This article taken from www.patrickmcnallylegal.com )

Probation Violation

mbrock1963@aol.com (Mike Brock) — Fri, 04 Nov 2022 18:25:03 GMT

Common probation violations

While this presents a great opportunity to avoid serving additional jail time, probation will generally have a number of requirements that must be followed in order to complete it successfully.

PROBATION VIOLATIONS

The most common way to prevent probation violations include:

NOT REPORTING TO THE PROBATION OFFICER

FAILED DRUG SCREENING

NEW CRIMINAL CHARGES

If a probationer is arrested on new criminal charges during the probationary period, this will also lead to a probation violation.

CONSEQUENCES

(This article taken from midtndefenseattorney.com )

Refusing A Breath Test

mbrock1963@aol.com (Mike Brock) — Fri, 28 Oct 2022 17:06:03 GMT

What drivers should know about refusing a breathalyzer

When stopped by law enforcement, no one wants to potentially incriminate him or herself and risk a ticket or worse, an arrest. To avoid possibly giving the authorities evidence to use against them, many drivers consider refusing requests to submit to blood alcohol content testing.

If asked, it benefits people to know their rights and the possible consequences of their actions with regard to breath testing for determining BAC levels.

Implied consent

According to Tennessee state law, by driving a motor vehicle in the state, people agree to submit to BAC testing when asked by law enforcement. To make such a request, however, the authorities must have reasonable cause to believe the driver was under the influence. For example, such grounds include seeing an open container in the car, smelling alcohol on the driver’s breath during questioning or witnessing the driver swerving prior to the stop.

Penalties for refusal

According to the Tennessee Department of Safety and Homeland Security, for violating the implied consent law, drivers face penalties in addition to the ones imposed if they plead guilty or the court convicts them of driving under the influence. If they have no prior record of this violation, a first-time offense results in a one-year driver’s license revocation. With a previous conviction or if they caused a crash that resulted in serious injuries, people lose their driving privileges for two years. The duration of the driver’s license revocation due to refusing a breath test extends to five years if motorists caused fatal collisions.

The consequences of a drunk driving arrest often have significant short- and long-term effects on people’s lives. Therefore, those facing DUI charges may consider all their options for establishing a solid defense.

(This article taken from www.danielforresterlaw.com )

Underage Drinking

mbrock1963@aol.com (Mike Brock) — Wed, 26 Oct 2022 15:18:30 GMT

The impact of underage drunk driving charges in Tennessee

If you face charges due to alleged drunk driving and you are under the age of 21, it is essential to understand how this could impact your life. Aside from resulting in immediate consequences, such as penalties imposed by the court, these charges could also come back to haunt you in the future.

Underage drunk driving is especially difficult for various reasons. For example, young drivers have their entire lives ahead of them, and some find themselves in this position due to peer pressure or unfamiliarity with alcohol. Some are wrongly accused of drinking alcohol before driving altogether.

Court-imposed penalties for underage drunk driving

According to the Tennessee Department of Safety and Homeland Security, drivers between the ages of 16 and 20 can face various repercussions if charged with driving while impaired. For example, if you find yourself in this position, the court could require you to perform community service. Additionally, you could face a fine of $250.

Drivers in this age group can also face the revocation of their license for one year without the ability to apply for a restricted license.

Other hardships due to drunk driving charges

Losing your driving privileges could make it very challenging to get to school or work. Additionally, you could struggle with a damaged reputation and face problems with respect to your friends and family members. Later in life, while applying for work in a certain field, your record could come back to haunt you.

(This article taken from www.danielforresterlaw.com )

Larceny

mbrock1963@aol.com (Mike Brock) — Mon, 24 Oct 2022 17:05:44 GMT

A better understand of larceny

Individuals in Tennessee who have never faced allegations of larceny may find it difficult to grasp the level of stress that can accompany a similar circumstance. Those who face larceny charges may benefit from gaining a better understanding of what to expect from the process early on. However, without the necessary legal experience to know how best to approach the situation, the process could prove intimidating.

Upon being accused of larceny, one may wish to begin preparing for the subsequent process by focusing on forming a strong defense. One of the first steps to take in building a defense for similar charges could be to examine the basic elements that define larceny.

Elements of Larceny

These elements include the unlawful taking of another party's property without consent with the intent of permanently depriving him or her of the item.

There could be a variety of ways to go about building a defense to larceny charges. In some cases, one may argue that he or she did receive consent from the owner before taking the property, or that the action was carried out under duress. One who believes that he or she owned the item in question may also wish to focus on this element, but providing evidence to back up this belief could prove challenging at times.

With a variety of factors to consider during what will likely prove a stressful experience, building a defense to challenge larceny charges can be a challenging task. Fortunately, there are attorneys who can provide a person in Tennessee with much-needed advice in making informed decisions about his or her case. An attorney can examine the charges and evidence against a client and assist him or her in building a strong defense for use during subsequent court proceedings.

(This article taken from www.ericlarsenlaw.com )

Drunk Driving Accusation

mbrock1963@aol.com (Mike Brock) — Fri, 21 Oct 2022 17:08:01 GMT

Being accused of drunk driving can be stressful

Facing charges for driving under the influence of alcohol or drugs can be a stressful and daunting process. Upon being accused of similar offenses, the average person may lack the necessary legal experience to know how best to handle the situation. Individuals in Tennessee who face drunk driving charges may wish to gain a better understanding of each of their available options, but they might not be sure where to turn for guidance on how best to proceed.

When facing DUI charges, there may be a variety of factors to consider when developing a strategy prior to entering legal proceedings. In some cases, a person may contest that his or her actions were made under duress or that he or she ingested alcohol unknowingly. In addition, the presence of alcohol isn't the only factor to consider, as even some prescription medications can cause impairment, and those who believe that the effects of their medication had worn off before driving may have valid grounds to dispute the charges.

Another factor to address pertains to the events surrounding the manner in which they came to be accused of impairment. When it comes to a traffic stop that leads to a DUI, the charges against a person could be dropped if authorities did not have probable cause to initiate the stop. In some cases, one may also be able to question the validity of the testing procedures that were used to determine impairment.

(This article taken from www.ericlarsenlaw.com )

Halloween

mbrock1963@aol.com (Mike Brock) — Wed, 19 Oct 2022 15:46:42 GMT

Stay out of legal trouble on Halloween

Halloween is a night of mischief and madness, of course! While some scares are wanted to properly celebrate the spooky evening, many are the results of an uptick in crime and accidents. In some places, crime has been said to have spiked up to 50% above average on the evening of October 31st. With so many people out during the evenings, wild parties hosted in popular college towns, and a greater inclination to cause some trouble as tradition suggests, below are a few things you should be aware of on Halloween night.

The Most Common Crimes on Halloween Night

While many of the following can take place any day of the year, there seems to be an influx in these crimes on Halloween night.

Vandalism

Because it’s a night known for its shenanigans, people are more likely to commit acts of random vandalism. Some examples are smashing pumpkins and destroying others’ property, which could get you in trouble with the law should you choose to partake in something serious.

Burglary

During Halloween, parents may be out of their homes and attending their children’s trick or treating adventures. However, with the house left unattended, it may be easier for people to commit robberies during this time, especially while wearing masks, which won’t look as suspicious this one night of the year.

Car Accidents

With so many children walking/running around from door to door, drivers and pedestrians should take extra safety precautions during the evening. Adults should stay with their children to make sure they’re safe from traffic.

Underage Drinking

College parties are common on Halloween night which leads to large groups of people partaking in underage drinking. In order to stay safe, avoid parties you see getting out of control and practice safe and legal behavior.

Violent Crimes

For some reason, more violent crimes are committed on Halloween night. Whether this has to do with an increase in alcohol consumption or the fact that violent imagery can be a part of the holiday, be sure to use proper judgment and safety practices this evening.

(This article taken from hplawtn.com )

Drug Trafficking Or Distribution?

mbrock1963@aol.com (Mike Brock) — Mon, 17 Oct 2022 17:33:39 GMT

Understanding drug trafficking or distribution charges

The use and sale of drugs is prominent in many communities and can lead to dangerous and sometimes fatal situations. For this reason, those who face criminal charges may endure stiff penalties if convicted.

In such cases, it is important to fully understand what drug trafficking and distribution charges entail so that you can develop the best possible defense for your case.

Distribution charges

Distribution occurs when a person actually exchanges a controlled substance for a form of payment. Tennessee’s drug laws specify that illegal distribution occurs even in the exchange of prescription drugs if the person receiving them doesn’t have a valid prescription.

In order to charge someone with distribution, law enforcement must catch the person in the act. In many cases, they achieve this through surveillance and undercover operations.

Defining trafficking

Trafficking is the transportation of a controlled substance. Whether the distance is far away or within the same city, the charge remains the same. However, the type of controlled substance and the amount that the trafficker has are both important variables in determining what the charges are and how severe the penalties will be.

Furthermore, if drugs are transported across state lines, a person could be charged with a federal crime, which has mandatory minimum penalties. Similarly, trafficking drugs near a school or a children’s playground will likely increase the penalties the accused party will face.

Related but different

A few key things set these two charges apart. Unlike a distribution charge, law enforcement can prove trafficking with probable cause. For example, if officers found drug paraphernalia, bags and other supplies, large amounts of cash, or excessive amounts of the substance, they can reasonably assume the accused meant to traffic (i.e. transport) drugs somewhere else.

Also, a party may be guilty of one charge or both. For example, a trafficker who also distributes the drug is guilty of both charges while someone that just sells the drug is only guilty of distribution. This distinction is critical in the sentencing process.

This is a brief overview of drug trafficking and distribution; there are many more details that may be relevant in certain situations. If you or a loved one face such charges, it may be beneficial to review the law in full and to consult with a knowledgeable attorney.

(This article taken from hplawtn.com )

Domestic Violence

mbrock1963@aol.com (Mike Brock) — Fri, 14 Oct 2022 18:08:50 GMT

Understanding domestic violence charges in Tennessee

Domestic assault cases are tricky and can involve a vast array of factors. First of which includes the definition of a domestic relationship — it involves more than just a husband and a wife. A domestic relationship can be classified as any of the following:

• Former Spouse

• The Father/Mother of Your Children — Regardless of current marital status

• An Individual Related by Either Blood or Marriage

• Your Roommate

• Your Current Spouse

What Happens During a Domestic Assault Charge?

In the case that the authorities are called to an area where an alleged domestic assault has occurred, the police are responsible for identifying the primary aggressor. They are then required to remove that individual from the premises and escort them to jail. Should the aggressor be released from jail with a pending court date, the bond conditions require that the defendant stay away from the alleged victim and have no contact with that person.

From there, Tennessee laws state that several different outcomes are possible. Common punishments for domestic assault include:

• Anger Management

• Jail Time

• Monetary Fines and Court Costs

• Loss of Right to Carry a Firearm

• Counseling

• Other Punishment Alternatives

(This article taken from hplawtn.com )

Drug Trafficking

mbrock1963@aol.com (Mike Brock) — Mon, 10 Oct 2022 16:34:05 GMT

Understanding drug trafficking and distribution charges

In such cases, it is important to fully understand what drug trafficking and distribution charges entail so that you can develop the best possible defense for your case.

Distribution charges

In order to charge someone with distribution, law enforcement must catch the person in the act. In many cases, they achieve this through surveillance and undercover operations.

Defining trafficking

Related but different

(This article taken from hplawtn.com )

Arrested Friend

mbrock1963@aol.com (Mike Brock) — Fri, 07 Oct 2022 18:03:50 GMT

Your friend got arrested- what do you do?

Usually, it happens when you least expect it. You’re out on the town and something prompts an officer to arrest your friend. All of a sudden, your friend is being handcuffed and escorted to the back of a police car. You’re probably feeling helpless and at a loss for what to do in the present moment. Below we’re going to break down what you should do if you find yourself in a similar situation.

When The Arrest is Taking Place

Although you may be compelled to interfere, this could potentially do more harm than good. A police officer is trying to do their job and as long as they’re doing it professionally, interference could lead to aggravating an officer and even your own arrest, to make matters worse. You won’t be able to help your friend if you’re behind bars too. One thing you can do is ask where your friend will be taken and then leave the situation be.

What Happens Next

In order to have peace of mind when your friend’s going to jail, it’s important to understand what will occur during the process. After their arrest your friend will:

Be taken to a police station
Be informed of their charges
Have their personal belongings confiscated
Be allowed a phone call

Although you won’t be able to make contact with your friend at this time, there are other things you can do as the arrest is taking place.

What You Can Do

Take a Deep Breath

You have to let an officer do their job. Getting upset and losing control of your emotions can oftentimes make matters worse. Remaining calm is important in order to get a handle on the situation.

Accept Their Call

If your friend chooses to call you, ask them if they know of good bail bondsmen and lawyers. If they don’t, you can suggest they call Hagar & Phillips lawyers at 615-784-4588.

You might end up paying for your friend’s bail, but know that getting them out of jail soon after their arrest is the best thing for them if you’re able to afford it. The most important thing is to help your friend secure a lawyer who will fight for their rights. That is where we can help you.

(This article taken from hplawtn.com )

Search Consent

mbrock1963@aol.com (Mike Brock) — Wed, 05 Oct 2022 15:55:48 GMT

Do I have to consent to a search?

Picture this scenario. You’re driving down the highway after a long day of work. All of a sudden out of the corner of your eye, you see the notorious blue and red lights flashing, signifying one thing — a policeman or woman is asking you to pull over. You are not 100% sure why you were targeted or pulled over, but nonetheless you do so.
As the police walk over, you learn that you were pulled over for driving over the speed limit. After a bit, the policeman states he needs to search your car. What do you do?

You Do Not Need to Consent to a Search

First, a minor traffic violation such as speeding does not constitute the need for a search . Keep this in mind if you ever get pulled over for a broken tail light, expired registration or other slight traffic infractions.

In order to properly authorize and conduct a search of your car, house, personal belongings, a police officer must have probable cause . Probable cause is defined as “ reasonable belief, based on facts that can be articulated, that is required to sue a person in civil court or to arrest and prosecute a person in criminal court.”

Therefore, a police officer must have concrete evidence, and/or reason, to search you and your possessions.

The 4th Amendment of the United States Constitution protects citizens from unwarranted searches and seizures. Should you consent to a search, regardless of guilt or reason, you waive these rights. You can say “No” to a search request .

What To Do When Refusing a Search

When refusing a search conducted by a police officer, keep the following tips in mind:

1) Remain Calm — Calmly and confidently refuse the search request. Often, the police officer will back down upon receiving your response. A search conducted after the individual has not consented will not hold up in courts, and this is a waste of time and resources for police officers. On the contrary, should you become aggressive towards the officer, you will find yourself in a tricky situation.

2) Ask the Officer If You Are Free to Go — If you have not consented to the search, you should ask the officer if you are being detained or arrested. Remember, stay calm during this conversation. If the officer is not detaining you, you can end the conversation at any time. Do so by asking the officer if you are free to go.

3) Ask for a Lawyer — If by chance you are being detained, tell the officer that you are going to remain silent and that you would like to see a lawyer. In this situation, do not say anything else! Should you be arrested or detained, the criminal defense attorneys at Hagar and Phillips are here to help. Not consenting to a search will help your case!

Throughout your entire encounter with the police officer(s) stay as calm and collected as possible. It can be a scary situation, but if you remain composed throughout your conversation, it’ll be in your best interest.

(This article taken from hplawtn.com )

No Contact Order And Facebook

mbrock1963@aol.com (Mike Brock) — Mon, 03 Oct 2022 16:03:18 GMT

Does Facebook violate a no contact order?

You have a “no contact order” or a restraining order against you, taken out by an old romantic partner. You know that it means you can’t call them, go to their home or go visit them at work. They worried for their safety — even if you know you’d never harm them — and they got the order to force you to keep your distance. Fine. That’s not hard to do.

But what about online communications? Say you send them a Facebook message on their birthday, wishing them a happy birthday. Does that violate the order? What if you don’t even send them a message, but you just write on their wall, along with dozens of their other friends? Is that a violation?

It is. Courts have had to answer this question as the internet has become more mainstream over the years, and they have determined that this type of online communication is illegal when facing a no contact order. You may think you’re following the order and keeping your distance, but the court may not agree.

It’s important to understand this. Maybe you were just trying to mend the fences, and you thought that a well-intentioned birthday message would help. You didn’t mean to break the order or harass them. Yet, that may be how they took it, and you may find yourself suddenly facing legal charges for something you did not know was prohibited in the first place.

If this happens to you, the ramifications are real. You need to understand all of your legal defense options and exactly what steps you can take to protect your future.

(This article taken from www.bfhelaw.com )

Mortgage Fraud

mbrock1963@aol.com (Mike Brock) — Fri, 30 Sep 2022 18:10:10 GMT

What is mortgage fraud?

Allegations of mortgage fraud can have far-reaching consequences, including fines and jail time. If you’re a real estate broker, it could also lead to a revocation of your license. That’s why, before you buy or sell a home, it’s important to inform yourself as to what constitutes mortgage fraud, so that you can avoid allegations or defend yourself against them if they come.

Types of mortgage fraud

The term “mortgage fraud” does not refer to one specific offense. Instead, it’s an umbrella term that encompasses any type of fraud or improper behavior involving mortgage documents or payments that defrauds a buyer, seller or lender.

Common types of mortgage fraud include:

Providing false financing or income information
Obtaining an improperly inflated appraisal
Purchasing a property through someone else to use their credit score
Taking out a second loan to cover the down payment on the first loan

As you can see, these types of fraud could be committed by a buyer, seller, or real estate broker. If you receive a conviction for one of these types of fraud, the consequences can be quite severe.

Penalties for a conviction

Mortgage fraud is often a federal offense, and the FBI is often involved in their investigation. Since mortgage fraud encompasses a variety of offenses, the penalties vary according to the specific crime alleged. For example, the Fraud Enforcement and Recovery Act allows courts to order fines of up to $1 million and 30-year prison sentences for extreme cases. Most cases are not that extreme, however.

For example, earlier this year a man in Maryland received a conviction for offering fraudulent loan modification services. He faces 11 years in prison. Another man in Florida faces over two years in prison for engaging in fraudulent short-sale transactions.

The thought of a conviction for mortgage fraud can be very worrying. However, just because you have a criminal charge does not necessarily mean that you will have a conviction. You will have the option of exercising your Constitutional rights by hiring an attorney and preparing your defense.

(This article taken from www.bfhelaw.com )

Health Care Fraud

Wed, 28 Sep 2022 15:15:20 GMT

What does health care fraud look like?

Wide variety of allegations

Although the arrests were announced at the same time, the alleged crimes represent a wide variety of behavior in different settings.

Many other cases involved allegedly fraudulent prescriptions for opioid pain relievers in exchange for cash or other kickbacks.

A variety of defendants

The defendants in health care fraud cases often include business entities – both nonprofit and for-profit companies – but just as often they include individuals.

(This article taken from www.bfhelaw.com )

Implied Consent

mbrock1963@aol.com (Mike Brock) — Mon, 26 Sep 2022 16:59:31 GMT

Implied consent in Tennessee: What does it mean for me?

The penalties for refusing to submit

One year for first offense
Two years for second offense
Two years if DUI crash resulted in bodily injury to another person
Five years if DUI crash resulted in death of another person

Challenging the suspension

A future at stake

(This article taken from www.bfhelaw.com )

Distributing Marijuana

mbrock1963@aol.com (Mike Brock) — Fri, 23 Sep 2022 16:43:55 GMT

Distributing marijuana can lead to serious federal consequences

Using marijuana may be relatively common for people in Tennessee, but it is still illegal for people to use it. As it is illegal for people to use it, in order to obtain marijuana people need to sell it illegally as well. There are also both federal and state laws prohibiting the sale of marijuana and people who are caught selling it could end up with federal charges against them.

People who are convicted of marijuana trafficking can face harsh penalties in federal court. The penalties depend on the amount people possess and the number of convictions people may have on their record.

Potential federal penalties for marijuana trafficking

1,000 kilograms or more or 1,000 plants or more – First time offense – 10 years to life in prison and a fine between $10 million and $50 million. Second time offense – 20 years to life in prison and a fine between $20 million and $75 million.
100 to 999 kilograms or 100 to 999 plants – first time offense – 5 to 40 years in prison and a fine between $5 million and $25 million. Second time offense – 10 years to life in prison and a fine between $8 million and $50 million.
50 to 99 kilograms or 50 to 99 plants – first time offense – up to 20 years in prison and a fine between $1 million and $5 million. Second time offense – up to 30 years in prison and a fine between $2 million and $10 million.
Under 50 kilograms or under 50 plants – first time offense – up to 5 years in prison and a fine between $250,000 and $1 million. Second time offense – up to ten years in prison and a fine between $500,000 and $2 million.

These are very serious consequences, but people charged with marijuana trafficking in Tennessee, will only face these serious consequences if they are convicted. Being charged does not mean that people will be found guilty though. People are innocent until proven guilty and experienced attorneys may be able to protect people’s rights.

(This article taken from www.bfhelaw.com )

Prescription Drugs

mbrock1963@aol.com (Mike Brock) — Wed, 21 Sep 2022 15:54:37 GMT

Potential legal issues with prescription drugs

However, what happens when the doctor stops ordering your drugs? For some, restricted access to previously available substances can lead to serious drug crimes

Addiction

Many people develop a dependency on medications after following a legitimate prescription protocol. Some of the most common and most addictive drugs include:

Vicodin
OxyContin
Percocet
Demerol
Darvocet

Doctor shopping

Drug sharing

(This article taken from www.thomasovertonlegal.com )

Felony Traffic Offense

mbrock1963@aol.com (Mike Brock) — Mon, 19 Sep 2022 16:38:01 GMT

When does a traffic offense become a felony?

Aggravated DUI: A BAC level of 0.20% or higher, for example, can lead to a charge of aggravated DUI. Additionally, factors such as a motor vehicle collision or a criminal history can quickly turn a DUI charge into an aggravated DUI.
Child endangerment DUI: As above, if a motorist is driving under the influence with a minor in the vehicle, the consequences can be significant. If the child suffers an injury in a motor vehicle collision, the driver could face a charge of vehicular assault. If the child dies, the offense would be punished as vehicular homicide.
Fleeing and eluding an officer: The felony level of evading arrest in Tennessee generally includes the use of a motor vehicle to flee from law enforcement.

(This article taken from www.thomasovertonlegal.com )

Drug Charge Penalties

mbrock1963@aol.com (Mike Brock) — Fri, 16 Sep 2022 17:49:42 GMT

What are the penalties for drug crimes in Tennessee?

Understanding Tennessee’s possession penalties

Understanding Tennessee’s distribution penalties

Understanding your options

Even first-time drug offenses can come with significant penalties in Tennessee. By understanding the consequences of the charges you’re facing, you can take the steps you need to protect yourself. An attorney with criminal defense experience can help you weigh your options moving forward.

(This article taken from www.thomasovertonlegal.com )

College Students And Party Drugs

mbrock1963@aol.com (Mike Brock) — Wed, 14 Sep 2022 15:43:06 GMT

Advice for college students caught with party drugs

Regardless of the lifestyle you choose as a college student, there is always the possibility that drugs are nearby. If the police catch you with party drugs such as MDMA or X, your education could crumble around you unless you handle the situation properly.

A sudden arrest on drug charges can leave you surprised and unsure of the right course of action. In the event that you find yourself in this harrowing situation, it is important to know your rights and what you can do to defend yourself.

Get educated on your rights

For the sake of your own defense, it is vital that you exercise your right to know exactly what manner of drug crime you stand accused of as per Tennessee drug statutes. For example, you need to know if the police believe you have the intent to deliver or sell drugs.

What to do if the drugs are not yours

In the event that authorities find drugs in your car or dorm room, you are a prime suspect for drug possession even if the drugs are not yours. When you are under wrongful arrest, it is best to cooperate anyway and trust in your ability to prove your innocence. Take the time to organize your account of events so that you can prove irrefutably that the drugs belong to someone else.

Having fun and going to parties are natural parts of the college experience for many students. However, letting your guard down when drugs might be present can spell a lot of trouble for you and your future.

(This article taken from www.thomasovertonlegal.com )

Murder Charges In Tennessee

mbrock1963@aol.com (Mike Brock) — Mon, 12 Sep 2022 16:17:02 GMT

Different types of murder charges in Tennessee

Tennessee recognizes various types of murder charges. Individuals facing prosecution for these offenses may receive varying penalties depending on the circumstances of the case.

Review the factors that establish degrees of murder in Tennessee.

First-degree murder

This charge applies to cases involving planned, intentional killing and to any murder caused by an explosive device. An offender could also receive first-degree murder charges for a killing that occurs during another felony action. Most convicted people receive life in prison with possible parole. 

Tennessee allows the death penalty or life in prison without parole only in cases involving certain aggravating factors such as murder for hire or terrorism. The court may also consider mitigating factors such as a clean criminal history prior to the offense. 

Second-degree murder

The state may impose a second-degree murder conviction when the defendant knowingly killed someone or killed someone in an incident involving a drug transaction. Tennessee considers second-degree murder a Class A felony. A conviction can result in 15 to 60 years in prison along with a fine of up to $50,000.

Voluntary manslaughter

Tennessee defines voluntary manslaughter as an intentional killing that occurs when the offender was emotionally distraught or provoked. Examples include cases involving infidelity or self defense. A convicted person can receive a fine of up to $10,000 as well as three to 15 years in prison. 

Individuals facing these serious charges in Tennessee have the right to legal representation. They may present evidence that they acted in self-defense. Some people may qualify for reduced charges through a plea bargain.

(This article taken from www.thomasovertonlegal.com )

DUI And Holidays

Fri, 09 Sep 2022 18:22:54 GMT

Increased police stops for DUI over holidays

Nearly every holiday provides an opportunity for celebration. It is a chance to spend time with friends or family, and maybe cut a little loose while you have a break from your daily routine.

Do DUI cases increase on holidays?

What should you do during a DUI stop?

(This article taken from www.thomasovertonlegal.com )

Variables In Drug Crime Sentences

mbrock1963@aol.com (Mike Brock) — Fri, 02 Sep 2022 16:24:13 GMT

Two things that impact drug crime sentences in Tennessee

Example #1: Type.

Example #2: Weight.

Take-home lesson

You do not have to simply agree with what the police say happened. It is generally not a good idea to accept a plea deal and hope you can just move on with your life. A drug crime conviction can impact everything from future job prospects to housing options. Take your future into your hands and fight back.

(This article taken from www.thomasovertonlegal.com )

First Time DUI

mbrock1963@aol.com (Mike Brock) — Wed, 31 Aug 2022 15:36:09 GMT

What to expect from a first time DUI offense

A first-offense DUI should be taken just as seriously as if you’ve faced charges before. Why? Even this first-offense accusation could harm your reputation and lead to serious trouble.

What are the penalties a first-time offender would face upon conviction?

As you can see, a first offense can be costly. On top of these expenses, you could have your career put at risk or face other social consequences. It’s worth fighting back. You deserve a chance to defend yourself.

(This article taken from www.bcjohnsonlaw.com )

Intent To Distribute

mbrock1963@aol.com (Mike Brock) — Mon, 29 Aug 2022 17:42:11 GMT

What is intent to distribute?

Possession with intent to distribute comes with harsher penalties

It is a felony to intend to distribute, so it’s important to take action to fight back against charges. Potential penalties also vary depending on the schedule of the drug involved.

How could you be falsely accused of intending to distribute drugs?

Imagine this scenario: You’re driving home and have a friend with you. You drop them off at their house on the way, but they leave some drugs behind in your vehicle. You don’t know about them.

(This article taken from www.bcjohnsonlaw.com )

Medical DUI Defenses

mbrock1963@aol.com (Mike Brock) — Fri, 26 Aug 2022 17:33:20 GMT

Three medical conditions that may help with a DUI defense

Many people treat breath testing and field sobriety tests as infallible means of gauging someone’s chemical intoxication. However, chemical breath tests and field sobriety tests can provide misleading or inaccurate results.

Sometimes, the person administering the test makes mistakes. Other times, there may be issues with the device used that compromise the accuracy of the results produced. The person performing the test could also have medical issues that impact the accuracy of the tests.

If you failed a breath test or field sobriety test and have one of the three medical conditions below, your medical history might play a role in your defense strategy.

Severe anxiety or similar mental health issues

Individuals who become highly anxious in certain scenarios might panic during an interaction with law enforcement officers, behaving in ways that the officers find suspicious solely because of their internal feeling of nervousness.

Anxiety can make people so self-conscious that they performed poorly on field sobriety tests or make verbal missteps that seem to implicate them in a conversation with police officers. They may say whatever they think the officers want to hear rather than advocating for themselves, which might lead to trouble.

Asthma

The issues people experience with their breath don’t necessarily compromise their performance on a field sobriety test, but the medication they use could affect the accuracy of a chemical breath test. Certain kinds of asthma inhalers have affected chemical breath tests in scientific studies and caused false positive readings. Those who have recently used an asthma inhaler before driving could fail breath test in some circumstances.

Diabetes or hypoglycemia

Individuals who experience frequent fluctuations in blood sugar, especially those who do not have their diabetes under control, could experience the state of ketoacidosis. The same is true of individuals on diets intended to intentionally put the body in this abnormal physical condition.

When your body is in a state of ketoacidosis, it burns fat and creates numerous chemical byproducts, including acetone. You release that acetone through your lungs when you exhale, which means that those experiencing ketoacidosis can fail a breath test.

(This article taken from www.bcjohnsonlaw.com )

Prescription Drugs And Criminal Charges

mbrock1963@aol.com (Mike Brock) — Fri, 19 Aug 2022 16:42:23 GMT

2 reasons prescription drugs lead to Tennessee criminal charges

Someone gives medication to others or buys medication

Driving after taking a prescription

Recognizing the limits on what you can do with prescription medication could potentially help you avoid Tennessee drug charges.

(This article taken from www.bcjohnsonlaw.com )

Issues With DUI

mbrock1963@aol.com (Mike Brock) — Wed, 17 Aug 2022 16:13:16 GMT

What are the common issues with DUI charges?

DUI charges can be extremely damaging to your life, so it’s important to seek out ways to defend yourself. You can take issue with:

The officer’s reasoning for the traffic stop
The way the Breathalyzer test was given
The results of field sobriety tests
Accusations of intoxication when you were sober

It’s always important to defend yourself against drunk driving allegations, because these can come with the risk of heavy fines and penalties.

How should you address common concerns about DUI allegations?

There are a few steps to take to address the concerns you may have about the DUI allegations you could be facing.

The first is to go over the basis for the traffic stop. Did the officer have a reason to pull you over? Did you speed, or were you driving erratically?

(This article taken from www.bcjohnsonlaw.com )

Self Defense

mbrock1963@aol.com (Mike Brock) — Mon, 15 Aug 2022 16:54:00 GMT

Three types of behavior that constitute self defense in Tennessee

Under both Tennessee and federal law, it is illegal to commit an act of physical violence against another person. A physical altercation could lead to allegations of assault, while an incident involving a weapon might result in homicide charges.

Those accused of violent offenses in Tennessee face life-altering criminal penalties. Mounting a rigorous defense is the best way to reduce your chances of incarceration and a criminal record that will limit every opportunity you have in the future.

For those who cannot deny their involvement in an altercation, an affirmative defense may be a viable defense strategy. In a self-defense claim, you admit that you did something that would otherwise be against the law, but you claim to the courts that you had legal justification for your actions. What three kinds of behavior may qualify as self-defense under Tennessee state law?

Acting to protect yourself

When someone threatens you or initiates physical contact and hurts you, you have the right to protect yourself. You can use the amount of force that you believe is reasonably necessary to protect yourself or leave the dangerous situation.

Provided that you were not the one who instigated the altercation, you can potentially claim self-defense when you needed to protect yourself from a serious threat.

Acting in defense of others

If someone attacks your spouse or children, you can take immediate action to protect your loved ones. In fact, you can claim self-defense when you engage in an act of physical violence to protect a total stranger.

Whether you intervene in a robbery in progress at the local corner store or break up a fight outside of a bar, your physical violence may have legal justification if your intent was to protect someone.

Trying to protect your property

Criminals don’t just attempt to hurt people. They may try to take property that does not belong to them or damage another person’s property maliciously. If someone tried to steal your vehicle or break into your home to burglarize it, you can potentially use physical force to defend your property from criminal activity.

Unlike other defense strategies, claims of self-defense will not require an alibi or a way to challenge evidence but will instead focus on the circumstances leading up to the violence and your fears and thoughts at the time of the altercation. Learning more about the possible defense options when you face allegations of a violent criminal act can lead to a successful defense against those charges.

(This article taken from www.bcjohnsonlaw.com )

Concealed Carry In Tennessee

mbrock1963@aol.com (Mike Brock) — Fri, 12 Aug 2022 20:00:36 GMT

Do you know the rules for carrying a concealed weapon in Tennessee?

The world can be a scary place. Whether you are out alone or with your loved ones, it is important to know that you can protect yourself and those you care about if there is danger.

Carrying a firearm is also essential to enjoying the freedoms that come with the Second Amendment. Last year, Tennessee updated its laws regarding carrying a gun. Still, there is more to the rules than the newspaper headlines.

Here’s what you should know about the permitless carry law and what it means in Tennessee.

Who can carry without a permit?

The permitless carry law is fairly straightforward. Anyone 21 years or older can carry as long as they do not have prior felony convictions and follow any posted signs that prohibit firearms.

There is also an exception for those between 18 and 21 who are currently serving or were honorably discharged from the military.

Does the weapon need to be concealed?

Tennessee permitless carry laws allow those who meet the qualifications to carry a handgun, either open or concealed. How you choose to carry will depend on your comfort level and where you are going.

When do I need a permit?

There are still specific places in Tennessee where you must have a permit to carry a firearm. If you are going to a public park, greenway or nature trail, you may need either an enhanced or a concealed carry permit. Before you go to a new place, you should look at the rules for carrying a handgun.

Also, firearms are still prohibited on school grounds except for very specific purposes. Typically, they are only permitted by specific security personnel.

What about rifles?

People 18 years of age and older may carry a rifle or shotgun in the open (not concealed) as long as it is not loaded and there is no ammunition in the immediate vicinity of the person or the firearm.

Before you decide to carry a weapon in public, it is crucial to be familiar with the rules and laws to support carrying one safely.

(This article taken from www.masseymcclusky.com )

DUI & Cannabis

mbrock1963@aol.com (Mike Brock) — Wed, 10 Aug 2022 14:59:38 GMT

DUI and Cannabis- Tennessee Law

Please drive safely and stay attentive to yourself and others.

(This article taken from www.loganthompsonlaw.com )

New York's "Insane" Bail Reform

mbrock1963@aol.com (Mike Brock) — Mon, 08 Aug 2022 15:43:39 GMT

Report: 10 Criminals Arrested Nearly 500 Times, Thanks to New York’s ‘Insane’ Bail Reform

Ten criminals caused trouble in New York City and were arrested nearly 500 times, thanks to the state’s bail reform law, the New York Post reported Wednesday.

Many of those individuals remained on the loose, the outlet continued:

Stunning statistics compiled by the NYPD, and obtained first by The Post, show that the city’s alleged “worst of the worst” repeat offenders have been busted a total of 485 times since bail reform went into effect in 2020.

Two of the defendants are actually accused of embarking on lives of crime in the wake of bail reform, with one busted 33 times since 2020 and the other busted 22 times, all this year, the data shows.

Mayor Eric Adams (D) voiced his opinion on the matter Wednesday during a press conference.

“Our criminal justice system is insane,” he stated.

The NYPD’s number one criminal on the list was Harold Gooding, a man who had been arrested 101 times. Eighty-eight of those instances were after bail reform was enacted.

In July, Manhattan District Attorney Alvin Bragg, who is linked to billionaire George Soros, defended freeing without bail a teenage suspect caught on video assaulting an NYPD officer, Breitbart News reported, “The suspect had been freed without bail for beating a stranger in a violent robbery just three days before the attack, thanks to New York’s ‘No Bail’ law, first imposed by former Gov. Andrew Cuomo (D) and supported by sitting Gov. Kathy Hochul (D).”

Meanwhile, 92 percent of New Yorkers said crime was a “serious problem” in their state, along with 63 percent who said it was a “very serious problem,” according to a Siena College poll published in June.

In March, a study found many individuals working in Manhattan did not want to go back because of increasing crime and the homelessness problem, Fox 5 reported:

“Between rising crime and homelessness, a large percentage of New Yorkers who make up the city’s private sector workforce think it may be best to leave,” a reporter for the outlet said.

Source:

https://www.breitbart.com/crime/2022/08/06/10-criminals-arrested-500-times-thanks-new-yorks-insane-b...

DUI In Tennessee

Fri, 05 Aug 2022 19:10:19 GMT

What to expect when an offender gets a DUI in Tennessee

BAC Limits

Punishments and Sentences

Implied Consent

(This article taken from www.loganthompsonlaw.com )

Public Intoxication

mbrock1963@aol.com (Mike Brock) — Mon, 01 Aug 2022 16:13:25 GMT

Potential legal defenses of public intoxication

Tennessee has scores of distilleries and drinking establishments. Despite its party atmosphere, it is still against the law to be drunk out in public.

The Centers for Disease Control and Prevention says s s at least once per week. Since many do so in bars, the law discourages public intoxication.

Legal arguments against charges of public intoxication

Here are the legal elements needed to prosecute public intoxication in Tennessee:

The offender may be endangered;
There is endangerment to other persons or property; or
The offender unreasonably annoys people in the vicinity.

A defendant might also argue that public intoxication did not occur because no danger was present. Video footage showing someone in control is sometimes enough to successfully defend the charges.

Penalties for guilty findings of public intoxication

Being charged with public intoxication is a troubling situation. Know what legal defenses are available and avoid the consequences.

(This article taken from www.levittandlevittlaw.com )

Public Intoxication And Disorderly Conduct

mbrock1963@aol.com (Mike Brock) — Fri, 29 Jul 2022 17:51:34 GMT

Public Intoxication and disorderly in Tennessee

Tennessee is a great place to visit. But sometimes, things can get out of hand. If the bar gets too rowdy, you may face criminal charges for disturbing the peace.

The Tennessee penal code has an entire chapter that addresses a wide variety of offenses that threaten public safety, health and welfare. Here are some common criminal acts that fall under this category and the penalties for committing them.

Disorderly conduct

Here is the type of disorderly conduct that Tennessee law prohibits:

Threatening or fighting behavior
Making unreasonable noises to annoy people
Creating a hazardous environment with no legitimate reason
Failing to obey an official order to leave an area during an emergency

Behavior that is offensive, annoying or harmful may land you with disorderly conduct charges.

Public intoxication

A public intoxication involves the following factors:

Appearing under the influence of alcohol or drugs in public
Endangering oneself
Endangering other people or property
Unreasonably annoying others

However, simply being drunk in public is not a criminal offense in Tennessee. It is only unlawful if it poses a danger or annoyance.

Criminal penalties

Both public intoxication and disorderly conduct are Class C misdemeanors. The maximum penalties are 30 days of jail time and a $50 fine.

Treatment instead of punishment

It is important to note that Tennessee laws also favor treatment over penalties in certain situations regarding intoxication. If you are drunk but not putting anyone in danger or being unreasonably annoying, the police may take you into protective custody and bring you to a treatment center. The police do not make any records of arrest when taking someone to get treatment.

Challenging the charges

Even if you are dealing with charges for being disorderly or drunk in public, it may not end with a conviction. You may be able to challenge the charges by claiming the conduct is not dangerous or public.

(This article taken from www.patrickmcnallylegal.com )

Criminal Record Expunge

mbrock1963@aol.com (Mike Brock) — Wed, 27 Jul 2022 16:12:33 GMT

Can you get your criminal record expunged?

There are basically three categories of cases which may be expunged in Tennessee. First, cases in which charges were brought but which did not result in a conviction can be expunged. Second, cases that were resolved pursuant to a diversion agreement or sentence may be eligible to be expunged. And third, recent changes in the law allow for specific old misdemeanor and lower level felony convictions to be erased.

Sometimes a person is charged with a crime but is never convicted of that offense. Examples of this include when someone is acquitted, or found not guilty, after a trial; when the court dismisses charges after some type this pretrial motion or preliminary hearing, or sometimes upon the request of the prosecutor. Another example is a nolle prosequi. This is sometimes referred to as a “nolle” or a “nol pros.” These are cases in which the State advised the Court that it is no longer pursuing a criminal charge.

There is another similar disposition called retirement. Retirement means that the State has agreed not to pursue a charge for a certain period of time, sometimes associated with certain conditions, and at the end of that period, the case may be dismissed if there are no further problems and any conditions are met.

The second category is diversion. Tennessee recognizes two types of first offender type programs called pretrial diversion and judicial diversion. Pretrial diversion is a formal program in which the state may agree to suspend prosecution of charges against someone for a certain period of time at the end of which the charge may be dismissed. Judicial diversion is similar in that charges may be dismissed after a certain period of time.

(This article taken from www.patrickmcnallylegal.com )

Appeal After Guilty Plea

mbrock1963@aol.com (Mike Brock) — Mon, 25 Jul 2022 15:19:45 GMT

When is it possible to appeal after a guilty plea?

Sometimes, pleading guilty might seem like the easy way out of criminal charges. And there are plenty of attorneys who might encourage their clients to plead guilty, claiming that there will be fewer consequences.

However, pleading guilty waives an individual’s right to due process and a trial in front of a jury of their peers. It is possible to appeal a conviction after a guilty plea, but it is critical for individuals to understand their rights in these situations, as well as when it is possible to appeal.

1. First, it could be possible to withdraw your plea

In some cases, it is possible for individuals to withdraw their plea. They must inform the judge in writing why they changed their plea.

However, they must also have good cause to withdraw it, such as:

They did not understand the charges against them
No one informed them of their Constitutional rights when facing criminal charges
There is no evidence that the guilty plea is truthful or factual

Without good cause, it might not be possible to withdraw the plea.

2. You had ineffective assistance of counsel

Individuals who pled guilty can also appeal their case if they believe they had ineffective assistance of counsel. Everyone has a Constitutional right to effective counsel when facing criminal charges. Therefore, individuals have the right to appeal if they did not receive effective counsel.

Some signs of ineffective assistance of counsel include if the attorney:

Was not professional or misinformed the individual
Filed paperwork and notices after deadlines
Barely contacted the individual or discussed the charges
Made critical decisions without the individual’s input
Pressured someone to take a deal that was not in their best interests

If the attorney did not provide someone with good counsel at the plea-bargaining stage or explain someone’s options, then the individual could appeal their conviction if they pled guilty.

3. New evidence is recovered in the case

It is always possible to appeal a case as well if someone pled guilty to a crime they did not commit. And if investigations uncover new evidence that proves they were not involved in the crime, they can file an appeal.

However, this also applies to individuals who discover that police or prosecutors obtained evidence against them illegally.

Individuals can appeal these kinds of cases through a writ of habeas corpus, which allows them to make their argument for an appeal to a judge.

(This article taken from www.patrickmcnallylegal.com )

Marijuana In Tennessee

mbrock1963@aol.com (Mike Brock) — Fri, 22 Jul 2022 17:32:17 GMT

Traveling through Tennessee with marijuana could lead to legal troubles

One of the potential issues with the varying marijuana laws in different states is that someone could inadvertently break the law on a road trip. According to World Population Review, 33 states allow residents to use marijuana in some form—most for medical purposes. Eleven states and Washington, D.C., allow residents to use marijuana medically and recreationally, and others may soon join them.

However, at the federal level, marijuana is still considered a controlled substance.

Tennessee marijuana possession penalties

According to the Marijuana Policy Project, it is a misdemeanor for any person in Tennessee to possess any amount of marijuana, and the penalties could include as much as a year in jail and fines as high as $2,500. Subsequent nonviolent possession penalties are also misdemeanors, although cultivating up to 10 plants is a felony that could result in up to six years in prison and fines of up to $5,000.

Exceptions

The only exception for any marijuana product use is high-CBD, low-THC cannabis oil, which can only be used by seizure patients. These patients may not possess CBD oils containing over 0.9% THC. Hemp with as much as 0.3% THC is not legally considered marijuana as long as the person possessing the viable hemp is a licensed hemp grower, or the hemp is nonviable but has been procured according to U.S. Department of Agriculture rules.

The future of cannabis in Tennessee

In the coming year or two, it is possible that Tennessee may legalize medical cannabis for certain health conditions, such as cancer, post-traumatic stress disorder and seizures. State lawmakers have authored a bill to that effect, but consideration for the bill is currently postponed.

Until legalization is addressed at the state or federal level, traveling across Tennessee with marijuana products of any kind could lead to criminal charges.

(This article taken from www.patrickmcnallylegal.com )

Misusing Company Credit Card

mbrock1963@aol.com (Mike Brock) — Wed, 20 Jul 2022 16:02:37 GMT

Misuse of company credit card could bring serious consequences

Many people who misuse company funds start small. Maybe after charging a meal with a client and gas for a business trip, they also decided to charge gas purchases for their personal vehicle or a lunch that didn’t involve a client or work.

This kind of financial fraud involving expense accounts, credit cards or cash allowances from an employer can result in allegations of either fraud or embezzlement. These white-collar crimes can result in financial consequences, jail time and difficulty moving your career forward.

Make sure you understand and follow your employer’s expense policy

Companies have different rules regarding what expenses they will cover for employees. In order to avoid disciplinary or legal action by your employer, it’s essential to learn and adhere to your company’s policy on reimbursable spending.

Some companies may allow workers to charge or write off minor spending that will not be tax deductible for the company as a kind of perk, so it’s important not to make assumptions based on policies at previous companies where you’ve worked.

Learn all your options before you make decisions

If your employer alleges that you embezzled or engaged in fraudulent spending at their expense, it is likely that they also terminated your employment at the same time if they alerted law enforcement to the issue.

Before you make any decisions about accepting plea bargains or negotiating with your former employer, it’s important that you really understand all of the options available to you. The better informed you are, the easier it will be to make a decision that minimizes the impact of these allegations on your life.

(This article taken from www.patrickmcnallylegal.com )

Theft Of Firearm

mbrock1963@aol.com (Mike Brock) — Mon, 18 Jul 2022 17:15:13 GMT

Firearm theft now gets a mandatory sentence

As of July 1, 2019, the penalties for stealing a handgun in Tennessee just got steeper. SB0403/HB0167 passed in the latest legislative session, which affected the penalties for several criminal offenses, including the theft of a firearm.

Specifically, the law now mandates that anyone convicted of theft of a firearm must serve a 30-day jail sentence. This sentence is in addition to any other penalties imposed for the theft or related crimes. Reports had indicated that Tennessee had experienced an 85 percent increase in gun thefts from motor vehicles over a two-year period. Many people blamed the state’s lax laws regarding gun storage in vehicles, though others claimed that lawful gun owners should not be to blame – instead, the firearm thieves should be punished more severely. This now-mandatory jail sentence provision followed.

MORE SENTENCES ARE UPDATED IN 2019

Firearm theft was far from the only criminal sentence affected by the new laws that went into effect on July 1. The law increased charges or penalties for the following offenses, as well:

Bringing a telecommunications device such as a smartphone into a correctional facility increased from a Class E felony to a Class D felony
A fifth conviction for driving under the influence (DUI) increased from a Class E felony to a Class D felony
Removed the lookback period for multiple DUI charges, so prior convictions from any time period can be considered, including convictions for aggravated vehicular homicide in DUI cases, vehicular homicide, vehicular assault, or aggravated vehicular assault

The difference between a Class E felony and a Class D felony is dramatic and important to consider. For example, consider the following possible penalties:

Class E felony = One to six years in state prison and fines up to $3,000
Class D felony = Two to 12 years in state prison and fines up to $5,000

You could potentially serve twice as long in prison under the new law for a fifth DUI conviction or bringing a smartphone into a prison. In addition, more people may face fifth DUI charges based on the removal of the lookback period.

On the other hand, the charges and penalties for certain offenses were reduced in 2019, including:

Failing to appear for a court date was reduced to a Class A misdemeanor from a Class E felony
Possessing unlawful drugs in prison went to a Class D felony from Class C felony
The habitual offenders act that increased punishment for multiple vehicular offenses was repealed

(This article taken from www.kidwellsouthbeasley.com )

Underage DUI

mbrock1963@aol.com (Mike Brock) — Fri, 15 Jul 2022 18:20:29 GMT

What happens if a minor gets caught driving while under the influence?

Because the act of driving under the influence of drugs or alcohol ( DUI/DWI ) puts the lives of the driver and others on the road at risk, Tennessee treats it as a serious traffic offense. A driver under the age of 21 who is accused of driving under the influence of drugs or alcohol could be convicted of a standard DUI and face the same penalties a driver over the age of 21 would face including license suspension, community service, fines, and even jail time. But Tennessee also has a DUI law specifically aimed at drivers under the age of 21.

TENNESSEE’S CODE FOR UNDERAGE DRIVING WHILE IMPAIRED (T.C.A. 55-10-415)

Tennessee has some of the strictest underage DUI laws in the country. Drivers who are under the age of 21 who are found to have a blood alcohol concentration (BAC) of .08% or more could be convicted of a standard DUI. But drivers who are under the age of 21 could be convicted of an underage DUI with a BAC as low as .02% but not .08% or more. If the driver is between the ages of 16 and 18, they could be charged with a delinquent act, but if the driver is between the ages o 18 and 21, they could be charged with a misdemeanor.

WHAT PENALTIES DOES A MINOR FACE FOR DRIVING UNDER THE INFLUENCE IN TENNESSEE?

While the penalties a minor faces for being convicted of an underage DUI are generally less severe than the penalties they would face with a standard DUI, there are still penalties that could have an impact on their lives and futures. The penalties for an underage DUI are the same for both delinquent acts and misdemeanor acts, meaning the penalties are the same no matter what the driver’s age. The primary difference in the penalties between a standard DUI and an underage DUI is a driver charged with a standard DUI faces potential jail time while a driver charged with an underage DUI does not face jail time. The penalties a driver charged with an underage DUI could face include:

A one-year license suspension. While a driver convicted under a standard DUI is allowed to obtain a restricted driver’s license during their suspension period, a driver convicted of an underage DUI is not eligible to obtain a restricted driver’s license.
Being ordered by the judge to complete community service hours. This penalty replaces the jail time penalty faced by a driver convicted of a standard DUI.
Being ordered by the judge to pay a fine of $250

When facing a charge of underage DUI, it is important to be represented by an aggressive underage DUI lawyer working to defend you against the accusations and protect you from these potential penalties.

(This article taken from www.kidwellsouthbeasley.com )

Common DUI Problems

mbrock1963@aol.com (Mike Brock) — Mon, 11 Jul 2022 15:34:21 GMT

What are common issues with DUI charges?

DUI charges can be extremely damaging to your life, so it’s important to seek out ways to defend yourself. You can take issue with:

The officer’s reasoning for the traffic stop
The way the Breathalyzer test was given
The results of field sobriety tests
Accusations of intoxication when you were sober

It’s always important to defend yourself against drunk driving allegations, because these can come with the risk of heavy fines and penalties.

How should you address common concerns about DUI allegations?

There are a few steps to take to address the concerns you may have about the DUI allegations you could be facing.

The first is to go over the basis for the traffic stop. Did the officer have a reason to pull you over? Did you speed, or were you driving erratically?

(This article taken from www.bcjohnsonlaw.com )

Self Defense In Tennessee

mbrock1963@aol.com (Mike Brock) — Fri, 08 Jul 2022 17:27:49 GMT

3 kinds of behavior that constitute self-defense in Tennessee

Acting to protect yourself

Provided that you were not the one who instigated the altercation, you can potentially claim self-defense when you needed to protect yourself from a serious threat.

Acting in defense of others

Trying to protect your property

(This article taken from www.bcjohnsonlaw.com )

First Time DUI

mbrock1963@aol.com (Mike Brock) — Wed, 06 Jul 2022 16:23:00 GMT

What penalties would you expect from a first offense DUI?

A first-offense DUI should be taken just as seriously as if you’ve faced charges before. Why? Even this first-offense accusation could harm your reputation and lead to serious trouble.

What are the penalties a first-time offender would face upon conviction?

(This article taken from www.bcjohnsonlaw.com )

DUI Checkpoints

mbrock1963@aol.com (Mike Brock) — Fri, 01 Jul 2022 17:25:41 GMT

DUI Checkpoints- Constitutionality and Your Rights

We’ve all seen the Youtube videos, news stories, and websites dedicated to describing why DUI checkpoints are unconstitutional. While these videos and articles can be intriguing and sometimes even frightening, are checkpoints truly violating your constitutional rights?

Many people believe that these checkpoints distinctly violate our 4th Amendment rights. The 4th Amendment states:

“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.”

According to the state of Tennessee and the United States Supreme Court, DUI checkpoints do not violate the 4th Amendment. Based upon the Supreme Court case, Michigan Department of State Police v. Sitz , and Tennessee case, State of Tennessee v. Downey , the intent of keeping drunk drivers off of the road outweighs the slight intrusion and hindrance of residents.

In fact, the State of Tennessee considers checkpoints legal if the event is properly operated and supervised with the intent to minimize risk of arbitrary intrusion on individuals and limit the discretion of law enforcement at the scene .

DUI Checkpoint Tips

If you are not under the influence of alcohol or another illegal substance, you have nothing to worry about. Simply follow the instructions of the police officer and be polite.

On the other hand, if you are suspected of or arrested for being under an influence, you can use the following tips throughout the process:

Be courteous to the officer you are speaking with.
Proactively exercise your right to remain silent.
Do not consent to a search of your vehicle.
You have the right to refuse participation or performance in field sobriety tests.
If you decide to consent to a blood draw, remember to request an independent blood sample.

If you are arrested for DUI at a checkpoint in Tennessee, this does not mean that you do not have a defense to this charge. A variety of considerations, circumstances, and legalities can apply to your situation, which can help your case.

(This article taken from hplawtn.com )

Domestic Assault

mbrock1963@aol.com (Mike Brock) — Mon, 27 Jun 2022 18:08:42 GMT

Understanding domestic assault in Tennessee

• Former Spouse

• The Father/Mother of Your Children — Regardless of current marital status

• An Individual Related by Either Blood or Marriage

• Your Roommate

• Your Current Spouse

What Happens During a Domestic Assault Charge?

From there, Tennessee laws state that several different outcomes are possible. Common punishments for domestic assault include:

• Anger Management

• Jail Time

• Monetary Fines and Court Costs

• Loss of Right to Carry a Firearm

• Counseling

• Other Punishment Alternatives

(This article taken from hplawtn.com )

Skipping Bail

Fri, 17 Jun 2022 16:16:29 GMT

An example of what could happen should you try to skip bail

Unless you have done extensive research or spoken with a bail bondsman, most people do not understand the process of posting bail after being arrested. Furthermore, most people do not understand what happens when a person misses their court date or "skips bail". Below is a brief description of the bail bonding process and an example of what could happen should a person try to "skip bail" instead of showing up to court.

When a someone is arrested, a judge will usually assign a bail amount to that person's charges. What that means is that if a person would like to be out of jail while awaiting their hearing date then they must pay the bail bond amount in full or use a bail bondsman to post bail on their behalf. The bail amount will vary depending on the severity of the crime and how much of a flight risk the defendant is assumed to be.

Because bail amounts are frequently in the thousands, most people will opt for the use of a bail bonding company. A bail bondsman will charge the person arrested a percentage of the bail bond in exchange for being responsible for the entirety of the bond. For example, Tom gets arrested for a DUI. His bail bond is set at $1,000. He calls Gary's Bail Bonds who charges Tom 10% of the bond, or $100, to post his bail for him. When Tom shows up to his hearing in a couple of weeks, the transaction is complete.

But what happens if someone does not show up for a court appearance or "skips bail"? At that point, there is an immediate arrest warrant issued for the defendant who was arrested and it is the responsibility of the bail bondsman to either find and return the defendant to jail or pay the court the full amount of the bail bond. So using our previous example, if Tom did not show up for court following his DUI, then the bail bondsman who posted his $1,000 bail would either have to find him and return him to jail or be responsible for the full face value of the bond.

It's important to note that the cash bail system in the United States is an integral part of the court process It is basically an agreement (a contract) between the defendant and the court approved bail bond company who agrees to be responsible for the defendant returning for court appearances until the case has been settled. This process has worked effectively and efficiently for over 200 years and costs taxpayers nothing.

Just recently, Gary's Bail Bonds received information that one of their "bail jumpers" has relocated to Fairbanks Alaska. Here is part of the article that was written about that unusual experience:

Juneau, Alaska (KINY) - The Alaska State Troopers Criminal Suppression Unit in Fairbanks discovered in May that Joseph Allen Smith Jr., who had a fully extraditable felony warrant for his arrest out of Tennessee, was living in Fairbanks.

The charges on the warrant were Attempted Murder in the 1st Degree and Employing a firearm during the commission of a dangerous felony.

Troopers discovered Smith had jumped bail in Tennessee and made his way to Alaska last year.

After an investigation, Troopers were able to identify Smith’s whereabouts in Fairbanks and locate him.

You can read the whole article here: https://www.kinyradio.com/news/news-of-the-north/tennessee-fugitive-nabbed-in-fairbanks/?fbclid=IwAR...

The person in question is now in custody in Alaska, awaiting to be extradited back to Tennessee where he will have to face his original charges as well as additional charges that are added from his failure to appear in court. Moral of the story: Just go to court. It's easier in the long run.

Distributing Marijuana

mbrock1963@aol.com (Mike Brock) — Mon, 13 Jun 2022 17:24:24 GMT

Distributing marijuana can lead to serious federal consequences

Potential federal penalties for marijuana trafficking

1,000 kilograms or more or 1,000 plants or more – First time offense – 10 years to life in prison and a fine between $10 million and $50 million. Second time offense – 20 years to life in prison and a fine between $20 million and $75 million.
100 to 999 kilograms or 100 to 999 plants – first time offense – 5 to 40 years in prison and a fine between $5 million and $25 million. Second time offense – 10 years to life in prison and a fine between $8 million and $50 million.
50 to 99 kilograms or 50 to 99 plants – first time offense – up to 20 years in prison and a fine between $1 million and $5 million. Second time offense – up to 30 years in prison and a fine between $2 million and $10 million.
Under 50 kilograms or under 50 plants – first time offense – up to 5 years in prison and a fine between $250,000 and $1 million. Second time offense – up to ten years in prison and a fine between $500,000 and $2 million.

(This article taken from www.bfhelaw.com )

Self Defense

mbrock1963@aol.com (Mike Brock) — Fri, 10 Jun 2022 18:29:20 GMT

What are the elements of self defense in Tennessee?

You get into an altercation with another person, and it turns physical. You both get arrested. The whole thing is caught on video — maybe it happened outside of a bar or a restaurant — and you don’t ever dispute that the physical encounter took place. It did.

What you take issue with is the fact that the police blame you for what happened. You wanted nothing to do with that altercation. You were just defending yourself. Don’t you have a right to protect yourself in the United States? Where do you stand when it comes to self-defense?

Your rights

First and foremost, you do have a right to defend yourself. It stems from your general right to peace and safety as an American citizen. If someone else threatens you, they have already violated that right, and you don’t have to accept that. You can protect yourself.

To understand exactly what you can and cannot do, take look at the three main elements of a self-defense claim:

The attack itself needs to be unprovoked; it’s not self-defense if you goad someone else into attacking you.
You have to fear for your life or for imminent injury. You must reasonably think that you are in danger to defend yourself from that danger.
The degree of force that you use has to be reasonable to the situation. It generally cannot be much greater than the force used against you.

This last point is sometimes a sticking point in these cases. Just because you were attacked doesn’t mean you can do anything. If someone slaps you and you strike them with a fist, for instance, that is a reasonable and similar reaction. If they slap you and you use a firearm, you probably cannot claim self-defense unless you can show that you reasonably feared for your own life.

In other words, you can take self-defense too far if you use too much force, invalidating your claim. This is why you must be careful whenever you are engaged in a physical conflict with someone else.

(This article taken from www.bfhelaw.com )

White Collar Crime

mbrock1963@aol.com (Mike Brock) — Wed, 08 Jun 2022 17:33:42 GMT

What are the consequences of a white collar crime?

If you have become involved in corrupt behavior at your employer in Tennessee and are concerned about being convicted of white-collar crime, you may be wondering how your decisions could ultimately affect your life. Crimes of this caliber can be concerning because of how many people they can affect. Understanding how your decision to act questionably in the workplace could potentially affect other areas of your life may encourage you to make amends as quickly as possible.

According to newswire.net, perhaps the most obvious entity that will be impacted by your decisions is the company you work for. Outside of this, people who work with the company you work for are also affected. These people may include clients, partnering businesses, investors and stockholders. Depending on the severity of the white-collar crime, the company you work for could face an uphill battle to regain the trust of these individuals and to rebuild their rapport as a business that can be trusted.

Your personal life can also be impacted if you lose the ability to maintain your career and are required to serve time behind bars. You could lose the trust and respect of family, friends, former coworkers and other professionals in your industry. Taking steps to recover from your mistakes and work toward finding employment again will take time and commitment to change and refrain from making the same mistakes again. Utilizing the help of professionals, you may be able to more efficiently minimize the impact that your choices have on your long-term happiness and success.

(This article taken from www.bfhelaw.com )

Charged With DUI

mbrock1963@aol.com (Mike Brock) — Mon, 06 Jun 2022 17:10:02 GMT

What happens if you get charged with a DUI in Tennessee?

UNDERSTANDING TENNESSEE DUI LAW IS KEY

Drinking and then driving, often referred to as driving under the influence, or DUI is illegal in Tennessee.

If you are found to be doing this, you are not only putting your life at risk, as well as those around you, but you are also risking penalties that vary from jail time, large fines, and removal of driver’s license.

IMPLIED CONSENT

If you are to refuse to have a blood alcohol test, when stopped and required to do so by a police officer, then it can result in having your driver’s license taken away for one year.

Also, if you do this again when you have your license back, then it can be revoked for two tears.

In addition, if there is an injury, no matter when the test is refused, you can have your license revoked for two years.

If you were to kill someone as a result of DUI and you refuse a blood alcohol test, then your license is taken away for five years. If you were to go to court over this incident and refused to have the test, then the police officer involved can testify to other factors that show that you were intoxicated, such as how you were acting, physical signs like slurred speech or alcohol smell on your breath.

IS IT WORTH HIRING A DUI ATTORNEY?

If you are caught drinking under the influence in Tennessee, then you need to remember that under Tennessee DUI law, there is mandatory jail time for any first-time offenders.

The minimum you will face is 48-hours in jail, however, this depends on what your blood alcohol test states. If the results are high, then you could face a minimum of seven days in jail.

As a first-time DUI offender, you could receive up to nearly 12-months in jail, and face a fine of up to $1500. Your license could be revoked too, especially if there is harm to someone else as a result of your offense. Attending an alcohol and drug treatment program will also be required in Tennessee, which is why hiring a DUI attorney can be helpful, in order to plead your case for you.

There are a number of things that can change the kind of penalty that you will face.

For example, DUI with a child under 18 in the car with you can lead to larger penalties, and not only that but if you have caused harm to another person, the judge can order you to pay restitution.

IGNITION INTERLOCK DEVICE

Another element of penalties to think about if you are facing a first-time DUI charge is the judge over the case could order you to have an Ignition Interlock Device or IID. This is something that is installed at your expense and means you have to breathe into it to check that you are sober before the car will be able to start. You could have to do this for six months, even after jail time and getting your license back. This is something that would be worth speaking to an attorney about.

(This article taken from www.crainlawtn.com )

Types Of Criminal Charges

mbrock1963@aol.com (Mike Brock) — Fri, 03 Jun 2022 17:52:22 GMT

Understanding the difference between a misdemeanor and a felony

Tennessee criminal law divides different criminal offenses into two categories.

They are either classed as a felony or they are classed as a misdemeanor.

The Tennessee Criminal Code further divides up felonies into different classes, which indicates the severity of the crime.

COMMON TYPES OF CRIMINAL CHARGES

BELOW IS A BRIEF OVERVIEW OF COMMON TYPES OF CRIMINAL CHARGES.

Killing a person is a very severe felony charge, regardless of what the circumstances are. If you are found guilty of first-degree murder, then it could mean life imprisonment and possibly the death sentence.

Assault is another serious crime in the state of Tennessee. It will depend on the circumstances of the case, but you will face felony charges and could be looking to serve up to fifteen years in jail.

Rape or sexual assault is a felony charge, without question. You could face from one year to sixty years in jail if facing aggravated rape, and you will be put on the sex offender register for life.

Driving under the influence is something that is very dangerous, putting the lives of others at risk. As a result, there is a mandatory jail time of 48-hours to seven days in Tennessee, but depending on the circumstances, could mean nearly a year in prison. There are also fins of up to $1500, and the chance that your driver’s license will be revoked.

Drug crimes can vary in their severity. If you are caught with something like marijuana, then you won’t face jail. However, if you are found with something like opioid pills, especially if trying to cross state lines with them, then it will mean time in federal prison.

Kidnapping, whether children or adults, can lead to some Class C criminal charges in Tennessee. A Class C criminal charge will mean that you face no less than three years in prison, but no more than fifteen years in prison. There could also be a penalty of up to $10,000 if found guilty.

Robbery, when stealing something of value from another, especially with force, can mean severe punishment. If you are convicted in Tennessee of even the most basic kind of robbery, then you can face anything from three to fifteen years in prison, and deal with large fines, reaching up to $10,000.

(This article taken from www.crainlawtn.com )

Felony Traffic Offense

mbrock1963@aol.com (Mike Brock) — Wed, 01 Jun 2022 15:16:53 GMT

When does a traffic offense become a felony?

Aggravated DUI: A BAC level of 0.20% or higher, for example, can lead to a charge of aggravated DUI. Additionally, factors such as a motor vehicle collision or a criminal history can quickly turn a DUI charge into an aggravated DUI.
Child endangerment DUI: As above, if a motorist is driving under the influence with a minor in the vehicle, the consequences can be significant. If the child suffers an injury in a motor vehicle collision, the driver could face a charge of vehicular assault. If the child dies, the offense would be punished as vehicular homicide.
Fleeing and eluding an officer: The felony level of evading arrest in Tennessee generally includes the use of a motor vehicle to flee from law enforcement.

(This article taken from www.thomasovertonlegal.com )

DUI Checkpoints

mbrock1963@aol.com (Mike Brock) — Mon, 30 May 2022 15:54:29 GMT

A guide to DUI checkpoints in Tennessee

The DUI checkpoint- coming across one of these during a late night drive can be nerve-wracking, even if you have not had any alcohol that night. People rarely expect to run into one of these stops, and because they do not know their rights, they sometimes agree to tests or searches that they did not have to submit to. After the experience is over, many people wonder if the stop was even legal to begin with.

It is true that DUI checkpoints are legal in Tennessee, however, what’s important is what law enforcement is allowed to do at these checkpoints. We will go over your rights during a DUI checkpoint and what you can do to start building your defense after an arrest.

Do I Have to Stop at a DUI Checkpoint?

If you spot a DUI checkpoint on the road, you are not required to stop at it. You are well within your rights to turn around and find another way to your destination if you wish. However, make sure you are making a legal turn, as making an abrupt, illegal turn before a checkpoint could raise suspicion and give the police probable cause to pull you over.

Do I Have to Take a Field Sobriety Test?

A field sobriety test is a test used to determine whether or not you are inebriated. The breathalyzer test is an example of a field sobriety test.

Tennessee is a volunteer state, meaning you are not required to submit yourself to a field sobriety test even if you are stopped at a DUI checkpoint. In fact, the only thing you have to do is provide law enforcement with your name, driver’s license, registration, and insurance information. If you are asked any questions or requested to step out for a test, all you have to do is politely decline.

Can the Police Search My Vehicle?

Law enforcement does not have any right to search your vehicle unless there is probable cause to do so. You are well within to rights to tell them no if they ask to search your car. If they choose to search it anyway, then you and your lawyer can question whether they had probable cause in court.

What if I have Already Been Arrested?

Unfortunately, complying with all of a police officer’s requests during at DUI checkpoint can actually do you more harm than good. You never want to resist arrest or cause a scene, but you are allowed to say no to most things.

As seen above, there is not much a police officer can actually do to determine whether or not you are inebriated at a DUI checkpoint. These checkpoints were created more to catch people who are an obvious danger to everyone on the road— not someone who has had one or two drinks that night.

(This article taken from www.pattonandpittman.com )

Domestic Assault Convictions

mbrock1963@aol.com (Mike Brock) — Fri, 27 May 2022 17:51:40 GMT

Penalties of a domestic assault convictions in Tennessee

Domestic assault is a serious issue in the state of Tennessee and, as such, the consequences of a conviction can be quite severe, depending on the details of the crime. In addition to the criminal penalties one may face, a conviction may also impact a defendant’s ability to own a firearm, retain employment, and rent an apartment. If you are facing domestic assault charges, it is crucial to hire an experienced criminal defense attorney to protect your rights and future.

The Consequences of Domestic Assault

Domestic assault may include threats, sexual violence, emotional abuse, and physical violence. In Tennessee, domestic assault is defined as assault against a person who is a member of the defendant’s household or family, including:

- A relative by marriage

- A blood relative

- The former or current spouse of the defendant

- A roommate or partner with whom the defendant had an intimate relationship

- A child or adult member of the defendant’s household

Domestic assault charges are generally treated as a Class A Misdemeanor in Tennessee. If convicted the maximum jail sentence is less than a year in jail and up to $200 in fines. Additionally, the defendant must also surrender any firearms. In some cases, a defendant may also be required to take an alcohol or drug treatment program, a counseling program to address anger issues, or a batterer’s intervention program.

(This article taken from www.pattonandpittman.com )

DUI Checkpoint

mbrock1963@aol.com (Mike Brock) — Wed, 25 May 2022 15:58:44 GMT

A guide to DUI checkpoints in Tennessee

Do I Have to Stop at a DUI Checkpoint?

Do I Have to Take a Field Sobriety Test?

A field sobriety test is a test used to determine whether or not you are inebriated. The breathalyzer test is an example of a field sobriety test.

Can the Police Search My Vehicle?

What if I have Already Been Arrested?

(This article taken from www.pattonandpittman.com )

Consequences Of Domestic Assault

mbrock1963@aol.com (Mike Brock) — Mon, 23 May 2022 17:59:21 GMT

How could domestic assault charges affect your life?

If you are facing criminal charges, the repercussions could be life-changing. Even if you aren’t convicted, criminal charges could have a serious impact on your personal relationships, your professional reputation, and more. While all criminal charges should be taken seriously, it is important to note that domestic assault charges can be especially difficult to recover from. Domestic assault includes any type of violent, intentional, or reckless act inflicted on a family member or romantic partner. If you were arrested or accused of any type of domestic assault crime, make sure you understand how these charges could affect your life in both the immediate future and long-term.

Understanding Domestic Assault

Domestic assault is a broad term meant to encompass all different types of domestic violence. Domestic violence is any sort of intentional or reckless injury inflicted by a family member, romantic partner, cohabitant, relative, or a current or former spouse. Domestic assault can also include child abuse inflicted by the child’s adoptive parents, step-parents, biological parents, or anyone else related to the child in a similar way.

The types of charges for domestic assault may vary depending on the crime in question. Charges may include rape, child abuse, child neglect, child endangerment, kidnapping, false imprisonment, assault, battery, stalking, and elder abuse.

The Legal Penalties

If you are convicted of a domestic assault crime, there are many ways in which the legal system could penalize you. Possible penalties include jail time, imprisonment, fines, mandatory community service, and court-ordered anger management classes. These penalties will vary depending on the type of crime and its severity. For misdemeanors or minor offences, the convicted person may be held in jail for a 12-hour holding period and asked to pay fines. For more serious crimes, however, the convicted person could face multiple sentences to be served consecutively, leading to a substantial amount of jail time and hefty fines.

Lasting Repercussions

In addition to the immediate legal penalties, a person convicted of a domestic assault crime could be subjected to a probation period, and may also be restricted by the alleged victim through a restraining order. Additionally, one of the penalties for domestic assault criminal convictions is the loss of the right to possess firearms.

Domestic assault crimes could also result in a loss of employment, especially if you served time in prison. Following your prison sentence, you may be barred from your previous career because of your criminal background. For example, if you were in the military or a member of a sheriff department, your criminal history may prevent you from working in that line of work again. Also, serving time behind bars will likely make it difficult to find any type of work easily.

Additionally, the repercussions of a domestic assault conviction can seriously harm your reputation and ruin personal relationships with friends and family members. You could lose custody of your children, and you may be restricted from returning to your home if your children and spouse, or ex-spouse, live there. If you violate any restraining orders that prevent you from going near alleged victims, you could face additional jail time, as well as other legal ramifications.

(This article taken from www.pattonandpittman.com )

Robbery

mbrock1963@aol.com (Mike Brock) — Fri, 20 May 2022 18:01:46 GMT

What is considered robbery in Tennessee?

The act of taking something from a person or a business that did not originally belong to you can be classified as 3 different things in the state of Tennessee. If you take something that isn’t yours, you could be charged with theft, robbery, or burglary. And while these may seem like the same thing, but they are actually separate crimes with separate consequences.

To be accused of robbery, you must have allegedly used violence or terror in the taking of property from another person, and it is broken down into three categories, as described below:

Robbery : The intentional theft of property using fear or violence. This is a Class C felony that , if convicted, could result in 3 to 15 years in prison and/or $10,000 in fines.
Aggravated robbery : Robbery that includes the use of a lethal weapon or display that leads the victim to believe the aggravator possesses one or if the victim suffers serious bodily injury. This is a Class B felony that, if convicted, could result in 8 to 30 years in prison.
Especially aggravated robbery : The use of a lethal weapon that results in serious bodily injury. This is a Class A felony that, if convicted, could result in 15 to 60 years in prison.

Because each subsection of robbery is considered a felony, if you are convicted you won’t be getting off with a light sentence. A felony conviction stays with you for the rest of your life and makes applying for employment and education especially difficult. In addition, a charge of this severity can’t be expunged from your record and you will no longer be able to vote or legally carry a weapon.

If you are facing a possible robbery conviction, it’s important to hire an attorney with extensive robbery defense experience by your side.

(This article taken from www.pattonandpittman.com )

DUI And Your Record

mbrock1963@aol.com (Mike Brock) — Mon, 16 May 2022 16:38:59 GMT

How long does a DUI stay on your record?

Understanding the Severity and Permanence of Tennessee DUIs

DUIs that Were Dismissed or Did Not Result in a Conviction

Expungable DUI Cases

Inexpugnable DUI Cases

(This article taken from www.pattonandpittman.com )

Drug Paraphernalia Charge

mbrock1963@aol.com (Mike Brock) — Fri, 13 May 2022 17:58:15 GMT

Understanding a drug paraphernalia charge

The possession of drug paraphernalia is a Class A misdemeanor in Tennessee and it is a separate charge that is typically associated with other charges, including drug production, intent to sell, and drug possession. If you receive a conviction for this charge, you may receive a jail sentence up to 11 months and a fine of up to $2,500. If you receive a conviction for possession with intent to deliver or sell illegal drugs, however, this is considered a Class E felony, which packs a stiffer penalty of up to two years in prison and a fine of up to $50,000.

Additionally, many household items that were not originally intended for drug use, such as a spoon, may be transformed into drug paraphernalia if someone uses it to use or produce drugs. Such factors will also be considered when dealing with a drug paraphernalia charge.

Factors Considered in a Drug Paraphernalia Case

When determining if an object should be considered drug paraphernalia, the courts will consider numerous factors.

Below is a list of some of these factors:

The presence of an illegal substance on the object
If the object provided instructions regarding the use or making of illegal drugs
If the object is widely used for legal purposes
The testimony of an expert witness regarding the object’s usage
If the defendant has any prior drug-related convictions

There are many items that may be considered drug paraphernalia, which appear to be normal household objects.

Below are some of the most common drug paraphernalia items:

Pipes
Plastic bags or balloons
Roach clips
Chemicals or other materials that may be found in or associated with illegal drugs
Scales or balances

Although many of these items were not specifically designed for illegal drug use or the production of illegal drugs, you may still face drug paraphernalia charges for having them in your possession if drug residue is found on them or if you have illegal drugs in your possession.

(This article taken from www.pattonandpittman.com )

Breathalyzer Test

mbrock1963@aol.com (Mike Brock) — Wed, 11 May 2022 15:39:28 GMT

Do I have to take a breathalyzer test?

In Tennessee, over 8,000 people were arrested on charges of driving under the influence (DUI) during the year 2014. There are a number of tests a law enforcement officer may administer if you are suspected of drunk driving, including field sobriety tests and a breathalyzer test. Up until the moment of your arrest, however, they are generally considered voluntary. That said, even if you refuse to take the field sobriety tests, it is unlikely an officer will allow you to simply drive away.

When the officer arrests you, implied consent laws will apply, and you must take a breathalyzer test if asked to do so. Continue reading to learn more about Tennessee’s implied consent laws.

Refusing a Breathalyzer Test

Every state, including Tennessee, has implied consent laws, which compel drivers to submit to a blood test or a breath test if arrested for a DUI or another related charge. In Tennessee, a violation of implied consent is treated as a civil offense, though there are some cases in which it may be considered a Class A Misdemeanor. Even if you are not convicted of a DUI as a result of your arrest, you will likely face penalties for refusing a breath or blood test. For a first-time offense, your license may be suspended for up to one year. However, if you were also involved in an accident that resulted in injuries or death, the penalties will increase.

Below are the penalties you may face:

- If you have a previous DUI conviction, your license may be suspended for up to two years.

- If the incident also resulted in an accident that caused serious bodily injuries to others, your license may be suspended for up to two years.

- If the incident also involved fatalities, your license may be suspended for up to five years.

In some cases, it may be possible for someone with a suspended license to obtain a restricted license to commute to work or school. If you are granted a restricted license during this time, you may also be required to install an interlock ignition device and attend a court-ordered substance abuse program.

(This article taken from www.pattonandpittman.com )

Domestic Violence Vs. Aggravated Domestic Violence

mbrock1963@aol.com (Mike Brock) — Mon, 09 May 2022 17:57:16 GMT

What is the difference between domestic violence and aggravated domestic violence?

A domestic violence charge can carry severe consequences in the State of Tennessee. You can be charged with basic domestic or aggravated domestic assault, depending on the specifics of the incident. Regardless of which level of domestic assault you face, a conviction could result in penalties, inability to obtain a firearm, and difficulty finding employment. Tennessee also has specific laws that govern domestic assaults that do not apply to other types of assault, so it’s imperative that you secure the assistance of a defense attorney to help you navigate the specifics of your situation.

Basic Domestic Assault vs. Aggravated Domestic Assault

A simple assault rises to the level of a basic domestic assault charge if it meets specific characteristics.

If the incident occurs between individuals who are:

Related by Marriage
Blood Relatives
Roommates or Cohabitating Partners
Minor or Adult Children of the Defendant

A domestic assault charge usually carries a Class A Misdemeanor classification in Tennessee. A Class A Misdemeanor carries a maximum sentence of 11 months and 29 days in jail and penalties of as much as $2500. Even though a basic domestic assault charge is a misdemeanor, if convicted, all firearms would need to be surrendered, and the charge can never be expunged from your record.

An aggravated domestic assault charge applies to incidents where the defendant is accused of brandishing a deadly weapon, choking, stabbing, or breaking the bones of an individual classified as a domestic party. An aggravated domestic assault is usually a Class C felony. If convicted, the charge carries a prison sentence of up to 15 years and penalties of as much as $10,000.

(This article taken from www.pattonandpittman.com )

Cost Of Drug Charges

mbrock1963@aol.com (Mike Brock) — Mon, 02 May 2022 13:44:21 GMT

What are the penalties and fines for drug charges in Tennessee?

Tennessee drug crimes carry severe penalties and fines. Even if you face a misdemeanor charge, like simple possession, the penalties and fines can be jarring. The charges for drug crimes in the state range from rehabilitation to jail or prison time, depending on the charge's severity and specifics.

5 Types of Drug Charges

While some of the larger metropolitan areas have sought decriminalization and reduced policing of marijuana cases, the drug is still considered illegal in Tennessee. Regardless of what type of drug crime you’re charged with, you need to prepare an aggressive defense. You will need to secure legal representation so you can begin putting together a strategy that addresses the specifics of your situation. You don’t want to arrive in criminal court without a solid legal defense in place to fight drug charges.

Tennessee has 5 drug charges residents and visitors should be aware of when in the state:

Drug Trafficking
Drug Manufacturing
Possession of a Controlled Substance w/Intent
Sale of a Controlled Substance
Simple Possession

Simple Possession of a Controlled Substance in Tennessee

The crime of simple possession sounds like a minor incident, but according to Tennessee Code 39-17-418, the offense is a misdemeanor. The punishment for a conviction ranges from no jail time to up to a year in jail. The fine for simple possession is $2500. Simple possession is the crime of being found in possession of a controlled substance. Simple possession also means the amount of drugs found in possession were within limits considered consistent with personal use. Possession of sellable quantities of controlled substances carry a stiffer penalty.

Tennessee marijuana drug laws apply charges based on possession amounts:

Simple Possession: The charge of simple possession is the only drug charge categorized as a misdemeanor.

Up to ½ ounce is a (Class A Misdemeanor)

Sale or Possession of a Controlled Substance with Intent

The crime of possession with intent is a serious charge. All charges of possession with intent are considered felonies, and the punishment can range from 1 year in jail to 30+ years in state prison.

Sale or Possession w/Intent: All of these charges are felonies, ranging in penalties and fines.

½ Ounce to 10 lbs. (Class E Felony)
10 lbs. to 70 lbs. (Class D Felony)
70 lbs. to 300 lbs. (Class C Felony)
300+ lbs. (Class B Felony)

Sale or possession with intent is a serious drug charge. All four charges for possession with intent are classified as felonies. The penalties for these felonies range in length:

Class B Felony: 8 to 30 years
Class C Felony: 3 to 15 years
Class D Felony: 2 to 12 years
Class E Felony: 1 to 6 years

The Lasting Consequences of a Drug Conviction

(This article taken from www.pattonandpittman.com )

Distracted Driving

mbrock1963@aol.com (Mike Brock) — Wed, 27 Apr 2022 17:48:14 GMT

Is distracted driving a criminal offense in Tennessee?

Distracted driving is a serious problem in Tennessee, which has one of the worst records for crash-related fatalities. Tennesseans are at a higher risk for being injured in a distracted driving crash. The statistics compiled to track distracted driving show how the problem is improving, but it is still a serious issue. Tennessee has five times the average amount of deaths from distracted driving.

Distracted Driving in Tennessee is a Class C misdemeanor carrying the following penalties or fines:

First violation, $50
Third+ violations or violations involving an accident, $100
Violations in work zones or school zones, $200
Each violation equals three demerit points to a licensee’s driving record

Nationally, cell phone usage while driving is responsible for 1.6 million crashes, and 25% of all car accidents are due to texting while driving. Tennessee has very stringent drinking while driving laws, and yet, texting is six times more likely to lead to a car accident than drunk driving.

Tennessee has also enacted laws to discourage mobile phone usage while driving, including:

Hands-Free Requirement: Drivers cannot physically support, hold or reach for a mobile phone while driving. It also prohibits sending, writing, or reading while driving.

No Texting : As many as half a million people are seriously injured from distracted texting-related car crashes. All drivers are prohibited from texting while behind the wheel. The only exceptions are emergency medical professionals, police, and officials representing the state.

New Drivers Laws : Drivers operating a vehicle with a learner’s permit are prohibited from texting while driving because new drivers are at a higher risk for crashes.

GPS map restrictions : When drivers use mobile phone map apps as the navigation system for their cars, it’s prohibited, but if the phone is mounted, then it’s considered acceptable.

What To Do If You’re Stopped For Distracted Driving

Personal injury cases are built on evidence of negligence. Operators who use their phones while driving could be held responsible for injuries inflicted. Laws surrounding distracted driving have continued to evolve, so if you’ve been injured in an auto accident caused by a distracted driver, you could have a case for financial compensation.

(This article taken from www.pattonandpittman.com )

Sexual Assault

mbrock1963@aol.com (Mike Brock) — Mon, 25 Apr 2022 16:56:47 GMT

Sexual assault penalties in Tennessee

It’s imperative you retain legal representation immediately if you’re facing a felony conviction for sexual assault in Tennessee. When it comes to sexual assault, Tennessee has very strict laws and even harsher punishments. Tennessee currently prosecutes sex crimes based on 12 sexual offense categories. These 12 categories are all felony crimes with significant penalties including costly fines and jail time.

The Sentences

Class A Felonies

Aggravated rape
Aggravated rape of a child under 3
Rape of a child 4-13 years old

A Class A felony conviction is the most serious felony in Tennessee. Class A felonies are punishable by 15-60 years in prison and fines up to $50,000. A convicted offender automatically receives a minimum of 25 years’ imprisonment for any sexual crimes related to a child.

Class B Felonies

Rape
Aggravated sexual battery
Child pornography

Class B felonies are punishable by 8-30 years in prison and fines up to $25,000.

Class C Felonies

Incest
Sexual battery by an authority figure
Statutory rape by an authority figure

Class C felonies are punishable by 3-15 years in prison and fines up to $10,000. Any authority figure convicted of sexual battery or statutory rape will not be eligible for probation.

Class D Felonies

Aggravated statutory rape

Class D felonies are punishable by 2-12 years in prison and fines up to $5,000.

Class E Felonies

Statutory rape
Mitigated statutory rape
Sexual battery

Class E felonies are punishable by 1-6 years in prison and fines up to $3,000.

You are automatically added to the Sex Offender Registry if you are convicted of any sexual assault offense in Tennessee. This registry is maintained by the Tennessee Bureau of Investigation and provides the names and addresses of all sex offenders in the state. Anyone can access the Sex Offender Registry, making it difficult for listed offenders to find employment opportunities.

(This article taken from www.pattonandpittman.com )

Prison Time and Felonies

mbrock1963@aol.com (Mike Brock) — Fri, 22 Apr 2022 17:39:20 GMT

Do all felonies in Tennessee carry prison time?

There are few crimes more severe than a violent crime against another person in our society. Being arrested or investigated for any type of violent crime can be stressful. Violent crimes in Tennessee carry serious penalties and incarceration. Most violent crimes are serious felonies carrying long prison sentences and fines. In Tennessee, a felony is a crime punishable by a year or more in prison. Certain felonies carry prison time and other serious penalties, like large fines and long-term post-sentence punishments.

It’s important to secure the services of a criminal defense attorney if you are charged with any of the following felony offenses:

Homicide
Aggravated assault
Rape or sexual assault
Burglary
Kidnapping
Robbery
Drug trafficking
White-collar crimes

Violent criminal charges, like manslaughter or sexual assault, are serious crimes that require a serious legal defense. Violent crimes in Tennessee range from serious felonies, like homicide, to lower-level felonies that still carry prison time.

Felonies by Class and Sentence in Tennessee

Class A Felonies: Class A felonies carry sentences between 15 and 60 years in prison and fines of up to $50,000. This class of felony is the most serious felony in Tennessee. An example of a class A felony would be aggravated rape, which according to Tenn. Code Ann. § 40-35-111 (2019) is rape that causes secondary injury to the victim or where the accused is armed during the crime.

Class B Felonies : Class B felonies carry sentences between 8 and 30 years in prison and fines of up to $25,000. This class of felony is also a serious offense. Aggravated burglary, according to Tenn. Code Ann. § 40-35-111 (2019) is a burglary that results in severe injuries to the victim.

Class C Felonies : Class C felonies carry sentences between 3 and 15 years in prison and fines of up to $10,000. Aggravated assault is an example of a class C felony, and according to Tenn. Code Ann. § 40-35-111 (2019), aggravated assault is the crime of intentionally causing bodily harm to another person.

Class D Felonies : Class D felonies carry sentences between 2 and 12 years in prison and fines of up to $5,000. According to Tenn. Code Ann. § 40-35-111 (2019), possession of marijuana in quantities between 10 and 70 pounds is a class D felony.

Class E Felonies : Class E felonies carry sentences between 1 and 6 years in prison and fines of up to $3,000. A class E felony is the least serious felony, and according to Tenn. Code Ann. §§ 40-35-110, 40-35-111 (2019), any crime that Tennessee lawmakers have designated as a felony but have not classified it will be charged as a Class E felony. Theft of more than $1000 but less than $2500 is a class E felony.

(This article taken from www.pattonandpittman.com )

Aggravated DUI

mbrock1963@aol.com (Mike Brock) — Wed, 20 Apr 2022 15:56:30 GMT

What is an aggravated DUI in Tennessee?

In Tennessee, a first-time DUI is a misdemeanor, punishable by a jail sentence ranging from 48 hours to 11 months and 29 days, a fine of up to $1,500, and driver’s license revocation for one year. However, if certain aggravating factors exist, then a first offense can result in harsher criminal penalties or even a felony charge.

The following are common examples of aggravated DUI in Tennessee:

High blood alcohol content (BAC) – If a person’s BAC is .20 percent or higher, a first offense carries a mandatory minimum of seven days in jail, rather than 48 hours like ordinary first-time offenders.
Driving with a minor passenger – Child endangerment is a DUI with a passenger under 18 years old. This offense is punishable by a 30-day mandatory minimum jail term and a fine of up to $1,000. However, if a child suffers a serious injury, child endangerment is a Class D felony, which can result in imprisonment for up to 12 years, a maximum fine of $5,000, and driver’s license revocation for up to five years. If a child dies, then the offense is a Class B felony, which carries a maximum prison term of 30 years, a fine of up to $25,000, and license revocation for up to 10 years.
Serious injury to another person – If a DUI driver is responsible for another person’s serious injury, it is considered vehicular assault. A first offense is a Class D felony. Additionally, if a DUI driver has two or more prior DUI or vehicular assault convictions, or one prior vehicular homicide conviction, then the offense is considered aggravated vehicular assault, which is a Class A felony that carries a maximum prison term of 60 years and a fine not exceeding $50,000.
Killing another person – If a DUI driver is responsible for another person’s death, it is considered vehicular homicide. The first offense is a Class B felony.

(This article taken from www.pattonandpittman.com )

Simple Possession

mbrock1963@aol.com (Mike Brock) — Mon, 18 Apr 2022 17:29:49 GMT

What are the consequences of simple possession?

In Tennessee, simple drug possession is when a person is found with a controlled substance but only possessed it for personal use (was not attempting to sell it).

Simple possession can be defined as:

knowingly possessing a substance;
casually exchanging a substance or giving out ½ an ounce at most of marijuana; or
possessing a substance without a valid medical prescription.

A simple possession charge is a misdemeanor but can become a felony if a person has been charged twice previously. It can also become a felony if the person casually exchanges the substance with a minor or the exchange took place near a school.

Penalties for Simple Possession

Socially speaking, a simple drug possession charge can make it difficult for an offender to enroll in higher education or gain scholarships; it can also conflict with either a current job or future employment opportunities.

A simple possession charge is a misdemeanor. Penalties for crimes of this nature will vary depending on how many times a person has been charged.

If it is the first time a person has been charged with a Class A misdemeanor, they could face the following punishments:

up to 11 months and 29 days in jail;
probation;
a fine between $250 and $750; and/or
any court costs related to the charges.

The punishments become increasingly more severe for a person who repeats a simple possession offense. For example:

a second offense conviction can increase the fine to between $500 and $850; and
a third offense conviction (or higher) can increase the fine to a minimum of $1,000 and makes the charge a felony.

(This article taken from www.pattonandpittman.com )

Multiple DUIs

mbrock1963@aol.com (Mike Brock) — Fri, 15 Apr 2022 16:19:30 GMT

What happens if you are charged with a DUI more than once?

Driving under the influence (DUI) is an illegal offense that relies on many factors to determine the legal consequences. One factor the courts consider is how many times a person has committed the same offense in the past.

BAC Limit

In Tennessee, the BAC of a driver must not exceed .08. If a person’s BAC is .20 or more, they can face enhanced penalties.

For people under the legal drinking age, a BAC of just .02 can result in a DUI. Furthermore, if a youth under the legal drinking age is found guilty of driving under the influence they may have their license revoked for 1 year, be responsible for paying a fine of $250, and sometimes commit to community service.

2nd DUI Offense

If a person is found guilty of a DUI for the second time, they face more severe punishments than the first.

These punishments are:

jail sentence that ranges from 45 days to 11 months and 29 days;
fine between $600 and $3,500;
driver’s license revocation for 2 years;
possible vehicle seizure;
mandatory enrollment in an alcohol or drug treatment program;
ignition interlock device installed in vehicle; if this is a person’s second conviction in 5 years, the ignition interlock device will be required for 6 months; or
restitution payment for any pain and suffering the DUI may have caused.

3rd DUI Offense

The penalties increase with a third DUI offense. For instance, a person could face:

jail sentence ranging from 120 days to 11 months and 29 days;
fine between $1,100 and $10,000;
driver’s license revocation for 6 years;
possible vehicle seizure;
mandatory enrollment in an alcohol or drug treatment program;
ignition interlock device installed in their vehicle; if this is a person’s second conviction in 5 years, the ignition interlock device will be required for 6 months.

4th DUI Offense

If a person is charged with a DUI 4 or more times, it becomes a Class E felony; the penalties for which include:

1-year jail sentence (with a minimum of 150 consecutive days served);
fine between $3,000 and $15,000;
driver’s license revocation for 8 years;
possible vehicle seizure;
mandatory enrollment in an alcohol or drug treatment program;
ignition interlock device installed in their vehicle; if this is a person’s second conviction in 5 years, the ignition interlock device will be required for 6 months.

(This article taken from www.pattonandpittman.com )

Common Drug Paraphernalia

mbrock1963@aol.com (Mike Brock) — Wed, 13 Apr 2022 15:23:36 GMT

What common household items can be considered drug paraphernalia?

Common Items that Can Turn Criminal

Nonprescription drug use is a well-understood criminal offense. Possession of drug paraphernalia is equally punishable, and charges can even arise from items that are originally innocent.

When an item is used to consume, cook, hide, inhale, prepare, or test illegal drugs, it becomes drug paraphernalia. If used in such a way, an individual can be charged with possession of drug paraphernalia for ownership of common household items including:

Apples: Apples can be made into a drug pipe by creating a hole in the fruit to smoke.
Balloons: Balloons are often used for inhalant drugs.
Digital scales: If drugs are found with a scale, prosecutors could assume the device was used to weigh and sell drugs.
Lighters: Could be used to heat cocaine or heroin.
Plastic bags: Plastic bags are frequently used to pack drugs before selling them.
Razor blades: Frequently used to cut and line up cocaine.
Small spoons: Commonly used to heat or “cook” drugs before injection. Spoons with burn marks and drug residue could be incriminating evidence.
Straws: Could be used to snort cocaine.
Tinfoil: Tinfoil can be used to create a makeshift pipe or to wrap drugs. If police find tin foil with burn marks or drug residue, they could have reason to deem it paraphernalia.

Of course, you are not subject to a criminal conviction simply for having these materials in your home. Possession of these objects only becomes illegal when there is evidence of drug use, such as any drug residue, burn marks, or peculiar manipulation of an item.

(This article taken from www.pattonandpittman.com )

DUI By Consent

mbrock1963@aol.com (Mike Brock) — Mon, 11 Apr 2022 17:20:39 GMT

What happens if everyone in the car is drunk and you get pulled over?

What Happens if Everyone in the Car Is Drunk When You Get Pulled Over?

After an afternoon movie with friends, you all decide to stop at your favorite bistro and get a drink to catch up and talk. After a few glasses of wine, everyone piles in the car to go back to your house and keep the party going. You all feel fine to drive, so it doesn’t matter who’s behind the wheel, right?

Just your luck, you’re only a few minutes away from your house when the police pull you over. The atmosphere in the car is decidedly less festive now because it is unclear how this situation will play out.

What is driving under the influence (DUI)?

A driver who is intoxicated behind the wheel is at risk of being pulled over and charged with a DUI. A DUI (driving under the influence) is a charge where a driver is operating a motor vehicle while impaired. It is illegal in all states to operate a motor vehicle with a blood alcohol concentration (BAC) of .08 or higher.

Many states define driving under the influence as driving a motor vehicle on a road or highway while under the influence of alcohol. When a driver is pulled over for a DUI, it means a police officer has observed them driving erratically or recklessly and feels there is probable cause to check for driving under the influence.

What are the elements that qualify a DUI charge?

The “driving” element of a DUI is different for each state. For example, some states consider “operating a vehicle” as being in physical control of the vehicle. Some states consider “operating a vehicle” as simply turning on the ignition, regardless of whether the driver moves the vehicle or not, and Tennessee is one of them.

Under Tennessee Motor Vehicle Code, it is unlawful to be under the influence while “in physical control” of any vehicle, which means you could be charged with DUI even if you are in a parked car. The courts typically take four elements into consideration:

The location of the vehicle
The location of the driver
The location of the car keys in the vehicle
The operability of the vehicle

For the “under the influence” element, there are three types of evidence that police officers and law enforcement officials will use: field evidence, driver evidence, and blood-alcohol evidence.

Open container laws and DUIs in Tennessee

Part of the driver’s evidence that police officers can use against you, the driver, are any open containers of alcohol inside your vehicle. Many states enforce open container laws, which prohibit the possession of open alcoholic drinks in vehicles for both drivers and passengers.

Open container laws include any alcoholic beverages that come in cans, flasks, bottles, and other special containers that hold alcohol. In the state of Tennessee, for example, drivers are prohibited from consuming any alcoholic beverages or possessing an open container with an alcoholic beverage while operating a motor vehicle.

What if the driver and passenger(s) in the vehicle were drinking?

If you are a passenger in the vehicle with a drunk driver, and you are drunk as well, you can be held criminally liable for the actions of the drunk driver if you own the vehicle. This means that you as the passenger can also be found guilty of a DUI charge in Tennessee. This offense is known as DUI by consent. Under this charge, the owner or passenger in a vehicle can be charged with a DUI charge and held liable for the drunk driver’s actions. This means that you can be held liable for any of the drunk driver’s irresponsible actions, all the way up to vehicular manslaughter.

What are the penalties of a DUI for driver and passenger?

If you as the passenger are found guilty of DUI by consent, you could face the same penalties as a DUI charge. Some of the penalties include a mandatory 48-hour hold in jail, a suspended sentence of 11 months and 29 days, a supervised probation period of 11 months and 29 days, a $350 fine in addition to court costs, and 24 hours of community service.

You can also face additional penalties of losing your license for one year, and mandatory attendance at alcohol safety school. These penalties are dependent upon whether this is your first offense. If you have been repeatedly arrested for DUI, you could be subject to harsher punishment.

If you were in the vehicle with a drunk driver and find yourself facing a DUI by consent charge, you have options. Consult with an experienced criminal defense lawyer to protect your best interests.

Do passengers have to take breath tests or field sobriety tests?

If the drunk driver is pulled over by a police officer and is suspected of drunk driving, the police officer could request that he or she perform a field sobriety test to determine they are under the influence. The police officer can also request that you, the passenger, perform the field sobriety test or a roadside breath test to see if you are capable of driving the car home. Whether you are a passenger or a driver, you always have the right to refuse these tests. If you, your driver, or both of you fail the sobriety test, however, both of you may be taken in for a breathalyzer test, and could face DUI charges.

The good news for passengers is this: since you weren’t the one pulled over for suspicion of DUI, you should have a very strong case for beating the charges. Furthermore, you may be able to avoid the automatic loss of license that comes with refusing a breath test. We would have to look ay the details of your case to determine what is possible.

What happens to the car if the driver and passenger are arrested for DUI charges?

It depends. If the passenger is sober, he or she may be allowed to drive the car home. If both parties are under the influence, the car will be left on the side of the road until someone can pick it up, or it will be impounded. This will not only lead to additional fees, but to additional time in retrieving the vehicle.

(This article taken from www.altshulerlaw.com )

Refusing A Breathalyzer

Fri, 08 Apr 2022 17:46:02 GMT

What happens if you refuse a breath test after a DUI charge in Tennessee?

After being arrested for suspected DUI in Tennessee, a police officer will request the driver to submit to a chemical test (e.g., breath, blood, or urine test) to determine the amount of alcohol or drugs in the driver’s system. But what happens if the driver refuses to take a test?

Implied Consent in Tennessee

According to Tennessee’s implied consent law, any person who drives a vehicle in the state automatically consents to a breath test to determine his/her blood alcohol concentration (BAC), so long as an officer has probable cause to believe the driver was impaired while operating a vehicle.

However, the state’s implied consent law does not cover blood tests. Therefore, a driver cannot be penalized for refusing an officer’s request to take a blood test, unless there is an active warrant or there are exigent circumstances that exempt the warrant requirement.

Penalties for Refusal

Although a driver has the right to refuse to take the chemical test, refusal of a lawfully requested test is punishable by a driver’s license suspension of one year. If a person has a prior DUI conviction, then refusal can result in a two-year license suspension.

Additionally, if a driver is involved in a car accident and another person suffers a serious bodily injury, he/she can face a two-year license suspension for refusing a BAC test. If a person dies in a crash, the driver can face a five-year license suspension for a test refusal.

Drivers who have their license suspended for refusal still qualify for a “restricted license” that allows them to drive to work, school, and treatment. Yet, the court may require the driver to install an ignition interlock device (IID) as a condition.

Can the Court Use My Refusal Against Me?

Unfortunately, yes. While it may be more challenging for the prosecution to prove a DUI without a valid result from a BAC test, a driver’s refusal can be used against him/her at trial. Even though refusal does not definitively prove impairment, persecutors can argue that refusing to submit to a chemical test means the person was attempting to hide intoxication.

(This article taken from www.pattonandpittman.com )

Shoplifting

Wed, 06 Apr 2022 17:54:53 GMT

How serious is shoplifting really?

It is important to understand that, although a misdemeanor, shoplifting is a serious offense that may prevent one from attending a school of their choice, or obtaining their dream job. It is a misconception that shoplifting simply means stealing an item from a store or shopping mall. The offense includes other conduct of which shoppers need to be aware. A person may be charged with shoplifting if he or she takes part in any one of the five actions listed below.

In Tennessee, a person may be convicted of the crime of Shoplifting if the prosecution proves beyond a reasonable doubt that the person, with the intent to deprive a merchant of the stated price of merchandise, knowingly:

1) Conceals the merchandise; or

2) Removes, takes possession of, or causes the removal of merchandise; or

3) Alters, transfers or removes any price marking, or any other marking which aids in determining value affixed to the merchandise; or

4) Transfers the merchandise from one (1) container to another; or

5) Causes the cash register or other sales recording device to reflect less than the merchant’s stated price for the merchandise.

Unlike the crime of theft, to be guilty of shoplifting, the prosecution is not required to prove that the defendant obtained or exercised control over the merchandise.

(This article taken from www.tndui.com )

DUI In Tennessee

mbrock1963@aol.com (Mike Brock) — Fri, 01 Apr 2022 15:28:49 GMT

What happens if you get stopped for a DUI in Tennessee?

So you’ve been stopped by law enforcement for suspicion of DUI in Tennessee.

This is a scary moment for sure. Especially if you’ve had some alcohol. The law says you can’t be impaired and in control of a vehicle. Of course, the best thing is to always get a ride, Uber or Lyft. If you didn’t here’s what you need to know.

Give your name, license, and registration. Don’t say anything else. Shut Up! You don’t have to answer their questions.
You also don’t have to submit to field sobriety tests, breathalyzer or blood work. The State of Tennessee can still convict you without these things but it is more difficult.
Law enforcement still may be able to obtain a warrant to draw your blood and you can’t stop them if they do. Fight it later.
If you are taken into custody bond out and hire the best attorney you can afford.
I waive my client’s first appearance to court and we are given a trial date where we go to court, law enforcement should be there, the District Attorney’s Office and the judge.
There are four main options in General Sessions Court in Tennessee.
- Negotiate a plea agreement. Try to get your DUI reduced, dismissed or plea.
- Preliminary Hearing and bind over to circuit court.
- Waive your right to preliminary hearing and bind over to circuit court.
- Bench trial.

The DUI minimums in Tennessee are 48 hours in jail, a fine, court costs, probation, loss of license and alcohol safety school. You may be eligible for a restricted license.

(This article taken from info.midtndefenseattorney.com )

Probation Violations

mbrock1963@aol.com (Mike Brock) — Wed, 30 Mar 2022 18:31:44 GMT

The most common probation violations

If a person pleads guilty or is found guilty of a crime, that person’s sentence may include some amount of probation. Probation allows individuals to serve all or a portion of their sentence in the community while preventing probation violation by complying with certain conditions set forth in their plea agreement.

While this presents a great opportunity to avoid serving additional jail time, probation will generally have a number of requirements that must be followed in order to complete it successfully.

PROBATION VIOLATIONS

The most common way to prevent probation violations include:

NOT REPORTING TO THE PROBATION OFFICER

FAILED DRUG SCREENING

NEW CRIMINAL CHARGES

If a probationer is arrested on new criminal charges during the probationary period, this will also lead to a probation violation.

CONSEQUENCES

DEFENSE FOR A PROBATION VIOLATION

If a probation violation warrant is issued for you there are, of course, many potential avenues of defense depending on the type of violation that was issued.

The assistance of an experienced defense attorney is critical when facing a violation of probation since the potential penalties are so strict.

(This article taken from info.midtndefenseattorney.com )

Misdemeanor Vs. A Felony

mbrock1963@aol.com (Mike Brock) — Mon, 28 Mar 2022 16:25:22 GMT

What is a misdemeanor vs. a felony in Tennessee?

There is a varying degree to everything. This concept is also true for criminal charges. For this reason, a person who slaps a waiter in a restaurant may not face the same charge as a person who shoots and injures the cashier in the same restaurant and walks away with all the cash in the register.

Still, you should never take any criminal charge lightly. Any type of criminal offense can have severe implications. An experienced criminal defense attorney near Nashville can help you avoid both misdemeanor and felony convictions.

A misdemeanor is a “lesser” crime than a felony. In Tennessee, this type of criminal offense is penalized by one year of jail time or less. It can also be punishable by a fine. This mainly depends on the severity and type of the crime committed.

Misdemeanors are categorized as either class A, B, or C misdemeanors. Class A misdemeanors carry a maximum sentence of 11 months and 29 days. They include domestic assault, driving under the influence, reckless endangerment, and theft under $1000.

Class B misdemeanors are punishable by a maximum sentence of 6 months. You may also be required to pay a fine of up to $500 for a class B misdemeanor. For class C misdemeanors, the maximum sentence is 30 days or a $50 fine. Public intoxication, trespassing, speeding, and disorderly conduct may be considered class C misdemeanors.

In the state of Tennessee, a felony is a crime punishable by more than one year in jail. The punishments for these crimes are usually harsher since they are considered more serious crimes. Apart from jail time, you also risk losing your right to vote, right to receive federal funding for your education, right to bear arms, professional license, and the privilege of working in most corporate companies.

Felonies in Tennessee are categorized as class A, B, C, D, and E. Class E is the least serious type of felony punishable by one to six years of jail time. Class A felonies are punishable by 15 to 60 years of jail time. Criminal defendants may also be convicted of capital crimes that are punishable by death or life imprisonment.

Some of the crimes that are considered felonies include:

Robbery
Drug trafficking
Kidnapping
Homicide or murder
Rape
Aggravated assault
White-collar crimes

(This article taken from www.criminaldefenseattorneyfranklintn.com )

Larceny

mbrock1963@aol.com (Mike Brock) — Fri, 25 Mar 2022 15:25:24 GMT

Better understanding to the basics of larceny

Elements of Larceny

These elements include the unlawful taking of another party's property without consent with the intent of permanently depriving him or her of the item.

(This article taken from www.ericlarsenlaw.com )

Leaving The Scene Of An Accident

mbrock1963@aol.com (Mike Brock) — Wed, 23 Mar 2022 17:03:24 GMT

Potential charges for leaving the scene of an accident

Charges for Leaving the Scene of an Accident

If you leave the scene of an accident resulting in property damage less than $400, you are committing a Class C misdemeanor, with penalties of 30 days in jail and a fine. If that damage is more than $400, you are committing a Class C misdemeanor, and your license will be suspended.

Driving is a part of our everyday lives, especially in the south. People are in and out of cars multiple times per day, every day of the week. Because of the amount of time that people spend driving or riding in vehicles, the average person will be involved in approximately four car accidents in their lifetime. Since everyone will almost inevitably be involved in an accident, it is important to know what to do when an accident occurs -- especially if you are the driver.

What To Do When an Accident Occurs

In Tennessee, anyone involved in an accident that results in damage to another vehicle should stop their car immediately at the scene. If it is not possible to immediately stop, you must return to the scene and remain there until the police arrive and issue further instructions. It is important to note that when stopped, every effort should be made not to impede traffic. If it is possible, you should move your car and the other cars that are involved in the accident to the side of the road.

Leaving the Scene of an Accident Resulting in Death or Injury

If you are involved in an accident that causes injury or death, you are legally required to stop at the scene, or as close to the scene as possible. If you are unable to stop at the scene, you should return to the location where the accident took place as soon as possible. If an individual is injured, you should render aid by calling 911. It is a Class A misdemeanor to not stop or return to the scene of an accident that results in injury to another person.

Leaving the Scene & Vehicular Assault / Homicide Charges

If you know that your accident resulted in someone’s death, or it seems likely that someone may have died, you must stop or return to the scene as quickly as possible. Failure to do so is a Class E felony. If you are charged with vehicular assault or vehicular homicide, and you are found to not have stopped at the scene, your sentence for failing to stop will be served consecutively with your assault or homicide sentence. This means that you are facing additional jail time for failing to remain at the scene of the accident. And, while not as significant as jail time, being convicted of these crimes will also result in the revocation of your driver’s license.

Statistically speaking, being in a car accident is almost guaranteed. If you cause the accident, for whatever reason, it is always best to remain at the scene. Attempting to flee will only increase your ultimate punishment. If you have caused an accident and fled the scene, you should contact an attorney as soon as possible. The sooner the incident is addressed, the better.

(This article taken from www.bestlawhb.com )

Simple Possession

mbrock1963@aol.com (Mike Brock) — Mon, 21 Mar 2022 15:15:06 GMT

What is simple possession in Tennessee?

According to the TBI’s website, around 80% of all crimes in Tennessee are related to drugs in some way, and drug related offenses are the 2nd most common type of crime to occur. While there are many states in the US that are working towards decriminalizing the possession and use of drugs like marijuana, Tennessee has yet to do so. Even though drug related offenses are fairly common, they carry very real consequences and you should always take them seriously.

Simple Possession

TCA § 39-17-418:

(a) It is an offense for a person to knowingly possess or casually exchange a controlled substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice.

(b) It is an offense for a person to distribute a small amount of marijuana not in excess of one-half (½) ounce (14.175 grams).

Simple Possession is the lowest drug charge in Tennessee, and is used in cases where a defendant is found with illegal drugs in their possession, but no evidence that they might be dealing, delivering, or manufacturing. There are often defenses through which you could get the charges dismissed, go through diversion programs, community service, or pay some smaller fines. Nevertheless, it is still an A class misdemeanor, and the statutory penalties of up to a year of jail time and/or a $2,500 fine are always a possibility.

It is also important to note that there are factors that could lead to more severe charges, or even multiple charges. Simple Possession/Casual Exchange is used in situations where someone is found with a small amount of drugs, and just drugs. If you were to be found with larger amounts, higher scheduled drugs, paraphernalia like scales or baggies, or if you are a repeat offender, it could mean facing felony charges as opposed to a misdemeanor. Refer to:

TCA § 39-17-417 - Criminal offenses and penalties
TCA § 39-17-425 - Unlawful drug paraphernalia uses and activities

Sentencing

TCA § 40-35-111:

(e)(1) Class A misdemeanor, not greater than eleven (11) months, twenty-nine (29) days or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless otherwise provided by statute.

(This article taken from www.bestlawhb.com )

Roadside Sobriety Test

mbrock1963@aol.com (Mike Brock) — Fri, 18 Mar 2022 16:32:39 GMT

What happens during a roadside sobriety test

When you’ve been pulled over by a police officer and he or she suspects you may have been drinking, you may be asked to step out of your vehicle to participate in a roadside sobriety test. While an option is usually never given, you may decline to participate in these tests. It is also of note that in Tennessee, Standardized Field Sobriety Testing can only be used to elevate suspicion of DUI and not negate it. Damned if you do, damned if you don’t.

There are 3 field sobriety tests that are standardized by the National Highway Traffic Safety Administration (NHTSA). However, the first test given by officers, horizontal gaze nystagmus (HGN) is not admissible in Tennessee courts. HGN is more commonly known as the “they made me follow some pen with my eyes” test. Here officers are looking for involuntary jerking of the eyes at various speeds and positions.

The two most common field sobriety tests used in Tennessee to determine an individual’s level of intoxication are the “walk and turn” and “one-leg stand” tests. Here is what you can expect from each if asked to perform them during a traffic stop.

Walk & Turn Test

You will be asked to take 9 steps heel-to-toe- in a straight line with your arms at your sides, then turn on one foot and repeat the process in the opposite direction. During this test the officer will be watching for:

Failure to maintain balance while listening to the instructions
Failure to maintain the heel-to-toe position before and/or during the test
Failure to maintain a straight line while walking
Starting before being told to begin
Stopping while walking
Leaving space between the heel and toe while walking
Using arms to balance
Removing the front foot from the line while turning
Taking the incorrect number of steps

One-Leg Stand Test

You will be asked to stand on one leg with the other foot raised about 6 inches off the ground, and to begin counting from 1,001 (i.e. 1,001, 1,002, etc.) until you are instructed to put your foot back down. This test usually lasts for about 30 seconds, during which time the officer will be watching for:

Swaying while balancing
Using the arms to maintain balance
Hopping to maintain balance
Putting the foot back down before being told to do so

If it is determined that you have failed one or more of these tests, you may be placed under arrest and the failed test(s) may be used as evidence against you in court.

(This article taken from www.bestlawhb.com )

Reckless Endangerment

mbrock1963@aol.com (Mike Brock) — Wed, 16 Mar 2022 17:38:44 GMT

Reckless endangerment and the legal consequences

In Tennessee, Reckless Endangerment is a fairly broad statutory term that could be used to describe various situations. Because of this broad definition, you could also be charged with Reckless Endangerment on top of other more specific crimes, if those crimes endangered other people around you, as described in TCA § 39-13-103. In Chattanooga and Hamilton County, we find that Reckless Endangerment is closely related to the elements, and is often added, to driving offenses like DUI. One of those most common actions where reckless endangerment is charged is when someone shoots a gun into the air. It is also important to note that under Tennessee’s definition of Reckless Endangerment, neither intent nor actual harm need to exist to be found guilty. At the least, a defendant needs to have shown a disregard for public safety that they should have adhered to, and that disregard posed a risk to others.

Reckless Endangerment

TCA § 39-13-103

(a) A person commits an offense who recklessly engages in conduct that places or may place another person in imminent danger of death or serious bodily injury.

(b)

(1) Reckless endangerment is a Class A misdemeanor.

(2) Reckless endangerment committed with a deadly weapon is a Class E felony.

(3) Reckless endangerment by discharging a firearm or antique firearm into a habitation, as defined under § 39-14-401, is a Class C felony, unless the habitation was unoccupied at the time of the offense, in which event it is a Class D felony.

(4) In addition to the penalty authorized by this subsection (b), the court shall assess a fine of fifty dollars ($50.00) to be collected as provided in § 55-10-412(b) and distributed as provided in § 55-10-412(c).

TCA § 39-11-106

Provides legal definitions for the majority of certain terms used in the criminal chapters of the state code, like “reckless”, “firearm”, and “habitation”.

(a)(33) “Reckless” means that a person acts recklessly with respect to circumstances surrounding the conduct or the result of the conduct when the person is aware of, but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint;

Sentencing

Like mentioned in the statute, depending on the specific facts of your case, like the involvement of a deadly weapon such as a vehicle or a firearm, the charge can be classified anywhere from a Class A misdemeanor to a Class C felony. The state of Tennessee has outlined the sentencing terms for those offenses below.

TCA § 40-35-111

(b) The authorized terms of imprisonment and fines for felonies are:

(3) Class C felony, not less than three (3) years nor more than fifteen (15) years. In addition, the jury may assess a fine not to exceed ten thousand dollars ($10,000), unless otherwise provided by statute;

(4) Class D felony, not less than two (2) years nor more than twelve (12) years. In addition, the jury may assess a fine not to exceed five thousand dollars ($5,000), unless otherwise provided by statute; and

(5) Class E felony, not less than one (1) year nor more than six (6) years. In addition, the jury may assess a fine not to exceed three thousand dollars ($3,000), unless otherwise provided by statute.

(e) The authorized terms of imprisonment and fines for misdemeanors are:

(1) Class A misdemeanor, not greater than eleven (11) months, twenty-nine (29) days or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless otherwise provided by statute.

(This article taken from www.bestlawhb.com )

Theft in Tennessee

mbrock1963@aol.com (Mike Brock) — Mon, 14 Mar 2022 16:50:55 GMT

A breakdown of theft in Tennessee

Theft is the most common property crime in the city of Chattanooga, and the United States in large. Theft is a broad statutory term that covers many different kinds of specific crimes that involve stealing something from someone or an entity. Depending on where you are, and the circumstances of your situation, there might be more specific charges or crimes being brought against you. In general, though, there are two main categories of theft: theft of property and theft of services.

Theft of Property

TCA § 39-14-103

(a) A person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent.

Defending theft cases against corporate entities such as Walmart, Target, or the like can present unique challenges due to the fact that they have strict policies that require them to prosecute. Oftentimes, a representative is sent to Court who has no first hand knowledge of the event but will likely have video evidence. However, we do see a fair amount of overzealous security officers who believe any mishandling of merchandise equates to a theft. One of the key elements to always be alert to is the intent of the action.

Theft of Services

TCA § 39-14-104

(a) A person commits theft of services who:

(1) Intentionally obtains services by deception, fraud, coercion, forgery, false statement, false pretense or any other means to avoid payment for the services;

(2) Having control over the disposition of services to others, knowingly diverts those services to the person's own benefit or to the benefit of another not entitled thereto; or

(3) Knowingly absconds from establishments where compensation for services is ordinarily paid immediately upon the rendering of them, including, but not limited to, hotels, motels, and restaurants, without payment or a bona fide offer to pay.

(b) Any individual directly or indirectly harmed by a violation of subsection (a) shall have legal standing to report such violations to law enforcement and testify in support of corresponding criminal charges.

Grading of Theft

Unless otherwise stated in the crime you’re being charged with, the sentence you might be facing is majorly determined by the value the court places on the item(s) or service(s) you are accused of stealing. The state of Tennessee provides an outline of how value impacts the severity of your charge.

Is Theft a Felony in Tennessee?

Not all theft is ruled as a felony in the state of Tennessee; however, theft over $1,000 is ruled as a felony.

TCA § 39-14-105

(a) Theft of property or services is:

(1) A Class A misdemeanor if the value of the property or services obtained is one thousand dollars ($1,000) or less;

(2) A Class E felony if the value of the property or services obtained is more than one thousand dollars ($1,000) but less than two thousand five hundred dollars ($2,500);

(3) A Class D felony if the value of the property or services obtained is two thousand five hundred dollars ($2,500) or more but less than ten thousand dollars ($10,000);

Theft Over 10,000 in Tennessee

(4) A Class C felony if the value of the property or services obtained is ten thousand dollars ($10,000) or more but less than sixty thousand dollars ($60,000);

(5) A Class B felony if the value of the property or services obtained is sixty thousand dollars ($60,000) or more but less than two hundred fifty thousand dollars ($250,000); and

(6) A Class A felony if the value of the property or services obtained is two hundred fifty thousand dollars ($250,000) or more.

(b)(1) In a prosecution for theft of property, theft of services, and any offense for which the punishment is determined pursuant to this section, the state may charge multiple criminal acts committed against one (1) or more victims as a single count if the criminal acts arise from a common scheme, purpose, intent or enterprise.

(2) The monetary value of property from multiple criminal acts which are charged in a single count of theft of property shall be aggregated to establish value under this section.

(c) Venue in a prosecution for any offense punishable pursuant to this section shall be in the county where one (1) or more elements of the offense occurred, or in the county where an act of solicitation, inducement, offer, acceptance, delivery, storage, or financial transaction occurred involving the property, service or article of the victim.

What Happens When You Get Charged With Theft?

The state of Tennessee also provides an outline of how the severity of that charge impacts the sentence you might be facing:

TCA §40-35-111 (e) (1)

A Class A Misdemeanor carries a sentence of up to 11 months and 29 days, or a fine of up to $2,500, or both, unless otherwise stated in the statute.

TCA §40-35-111 (b) (5)

A Class E Felony carries a sentence of between 1 to 6 years, or a fine of up to $3,000, or both, unless otherwise stated in the statute.

TCA §40-35-111 (b) (4)

A Class D Felony carries a sentence of between 2 to 12 years, or a fine of up to $5,000, or both, unless otherwise stated in the statute.

TCA §40-35-111 (b) (3)

A Class C Felony carries a sentence of between 3 to 15 years, or a fine of up to $10,000, or both, unless otherwise stated in the statute.

TCA §40-35-111 (b) (2)

A Class B Felony carries a sentence of between 8 to 30 years, or a fine of up to $25,000, or both, unless otherwise stated in the statute.

TCA §40-35-111 (b) (1)

A Class A Felony carries a sentence of between 15 to 60 years, or a fine of up to $50,000, or both, unless otherwise stated in the statute.

(This article taken from www.bestlawhb.com )

CBD and Weed

mbrock1963@aol.com (Mike Brock) — Fri, 11 Mar 2022 18:54:20 GMT

Difference between CBD and THC

The debate about the legalization of marijuana continues to take place in states across the country. Some states, like California, Washington, Colorado, and the District of Columbia, have legalized the recreational use of the drug. Other states, like Tennessee, have legalized cannabidiol for the treatment of medical issues. Cannabidiol, also known as CBD, is different from marijuana and it is important to know why and how.

First and foremost, CBD contains extremely low to zero amounts of THC, the chemical that leads to the impairment or high that is associated with marijuana use. CBD is not intended to produce a high in individuals. Instead, it is designed to help people alleviate pain and deal with medical issues. It is often used for narcolepsy and general anxiety relief. Because of its low THC amounts and because it is intended to help chronically ill patients deal with their issues, many states have passed laws permitting its use.

Marijuana, recreational or medical, is not legal in the state of Tennessee. Possession of marijuana carries fairly stringent punishment and consequences. If you are found to have marijuana, attempting to write it off as medically necessary in the state of Tennessee will not help reduce your charges. Often times, people from other states that have legalized the drug seem absolutely perplexed when they are arrested in Tennessee for possession of marijuana. Further, it is important to know that possession of over fourteen grams is a felony in Tennessee.

Similarly, synthetic marijuana, a dangerously potent substance, is also illegal in Tennessee. There are no circumstances within Tennessee where you can expect not to face charges of some kind should you be in possession of synthetic or traditional marijuana. It is critical to be an informed buyer when purchasing the products. There have been several stores in the Chattanooga area that have been caught selling synthetic marijuana.

If you have CBDs and, for some reason, are charged with a crime, be sure to contact an attorney. He or she can help you handle the charges and work to get them handled in the best way possible.

(This article taken from www.bestlawhb.com )

Electronic Harassment

mbrock1963@aol.com (Mike Brock) — Wed, 09 Mar 2022 20:29:40 GMT

Legal consequences of harassment via electronics

The internet has been one of the greatest inventions in human history. It has made information more accessible than ever. It has enabled us to remain in constant contact with people around the world and it has helped spur technological advances at a greater rate than at any previous point.

Unfortunately, the internet has not been completely positive. In fact, there are some unintended consequences that have resulted in overwhelmingly negative outcomes. The negative effects have been particularly powerful for children and teenagers.

Stories continue to be reported, all too frequently, about suicides resulting from online harassment. The ability to remain constantly connected means that it can be difficult, even nearly impossible, to avoid an individual who is being consistently cruel and vicious. Even when they can be somewhat ignored, the harasser is able to post lies and slander on the internet, spread rumors, and work rather effortlessly to inflict misery upon their target.

In addition to social media postings, people being harassed can be overwhelmed by hurtful text messages sent directly to them or sent about them. It can become nearly impossible to prevent or avoid being harassed. Under these circumstances, it is no wonder that children and teenagers may see suicide as their only option.

Electronic harassment occurs when someone intentionally in writing or by electronic communication, including, but not limited to, text messaging, facsimile transmissions, electronic mail or Internet services, to take action known to be unlawful against any person and by this action knowingly annoys or alarms the recipient.

However, this is not the case. If you or a loved one are being harassed, there are options. First and foremost, the law is on your side. In Tennessee, harassment is a Class A misdemeanor. Under certain circumstances and conditions, it can be a Class E felony.

If you are the victim of harassment or think you may be, you have rights. While it can seem difficult at the moment, remember that you do not have to be subjected to this detrimental form of treatment. When you think you may be the victim of harassment, seek assistance.

(This article taken from www.bestlawhb.com )

Expunged Criminal Record

mbrock1963@aol.com (Mike Brock) — Mon, 07 Mar 2022 16:59:07 GMT

Who can see an expunged criminal record?

When a Tennessee resident has a conviction on their criminal record it can affect their employment and housing opportunities. For this reason, people can have their charges and records removed from their records by asking the court to expunge them. However, not all crimes are eligible for expungement and even if a crime is removed from a person’s record it may still be accessed.

How can you qualify for expunction?

Expunction is when a person’s criminal charge is removed from their records. In Tennessee, a person can ask for their charge to be removed from their record if they do not have a prior conviction. Many crimes are eligible for expungement, including certain misdemeanors and some felonies. A defendant must fulfill the requirements of their sentence including:

Payment of all fines, court costs and restitution
Completion of prison time and probation
Remaining free from drugs or alcohol if required
Meeting all conditions of release

Once these requirements have been met a person will need to wait 5 years since completion of sentence and 10 years for completion of drug crimes sentence.

Who has access to an expunged record?

Just because a defendant has their criminal charges expunged doesn’t mean that they are gone forever. The following can see a defendant's expunged record if the accused has a conviction in the future:

District attorney general
Clerk of court
Defendant and their attorney
Circuit or criminal court judge

(This article taken from www.lannomwilliams.com )

Financial Fraud

mbrock1963@aol.com (Mike Brock) — Fri, 04 Mar 2022 19:23:26 GMT

Understanding financial fraud and potential defenses

If a person is charged with a financial crime, he or she can face serious penalties. Financial crimes often involve fraud, where a person intentionally deceives another person or business for financial gain.

Financial fraud examples

There are several types of financial fraud including mortgage fraud, credit and debit fraud and tax fraud.

When a person makes a mortgage application and includes false information, he or she may receive more loan money than would have otherwise been approved. Penalties for mortgage fraud include fines, restitution and prison time.

Credit and debit card fraud involves using a card that belongs to someone else, often to purchase items or to take a cash advance from the card.

Finally, tax fraud may include filing tax returns with false information or filing them using someone else’s identity. These are only some examples of financial fraud a person can be charged with.

Elements and possible defenses

Generally, to prove fraud there must have been a purposeful misrepresentation of a material fact with knowledge that it is false to a victim who relies on the misrepresentation and he or she suffers an actual loss.

There are a few defenses the accused person may want to consider. The primary defense is a lack of intent. Intent is a key element of fraud and without it, it may be difficult to prove that a crime occurred.

Also, if the alleged fraud occurred because of a misunderstanding or if there is not enough evidence to demonstrate that the fraud happened, those may also be defenses.

(This article taken from www.lannomwilliams.com )

Prescription Drugs and DUI

mbrock1963@aol.com (Mike Brock) — Wed, 02 Mar 2022 19:23:45 GMT

Do prescription drugs impair driving?

Driving While Impaired

The common procedure for DUI questioning and arrest involves the question “Have you taken a drug prior to driving?”. Given the widespread use of anti-depressants, many drivers will volunteer the use of commonly prescribed drugs such as Paxil, Zoloft, and Lexapro. Charging officers and Prosecutors will then try to use this admission to bring enhanced DUI charges against a citizen who was taking a legally prescribed drug and may have well been under the legal limit of .08% blood alcohol content.

Does Using Anti-Depressants Make Me An Unsafe Driver?

Studies from the National Highway Traffic Safety Administration show that drivers taking legally prescribed anti-depressants had a decreased crash risk of 14%. This finding shows a decrease in accidents – not an increase. In short, driving is improved with the use of anti-depressants. Very often. the small use of alcohol is often used by police and prosecutors to combine with any drugs, including anti-depressants, to assert even an alcohol level below the legal limit is enhanced by “drugs”. This continues despite the government’s own testing shows that this is not the case and there is no enhancement of the effects of alcohol by prescribed drugs.

(This article taken from www.lannomwilliams.com )

Roadside Breath Test

mbrock1963@aol.com (Mike Brock) — Mon, 28 Feb 2022 15:35:33 GMT

What you should know about taking a roadside breath test

Temperature and relative humidity of the air
Smoke, fumes and dirt in the air
Fumes from cleaners, gasoline and cigarettes
Residual blood, vomit, food and drink left in the mouth

(This article taken from www.patrickmcnallylegal.com )

Prescription Drug Sharing

mbrock1963@aol.com (Mike Brock) — Wed, 23 Feb 2022 18:25:46 GMT

Is it illegal to share your prescription?

It’s difficult to watch someone you care about struggle with physical or mental pain, especially if you believe you can help. If you have a prescription to a medication that you think might end their suffering, you may consider sharing your medicine with someone else.

While those intentions are good, there can be huge federal consequences for that decision.

Controlled substances

The Controlled Substances Act (CSA) divides substances into five schedules, which categorize drugs under federal law. Prescriptions can be a Schedule II, III, IV or V substance, as Schedule I drugs have “no currently accepted medical use” in the United States.

The other schedules are defined as such:

Schedule II substances have a high potential for abuse which could lead to dependence. Examples could include Demerol®, Adderall®, oxycodone, fentanyl, morphine, methamphetamine, opium and hydrocodone
Schedule III substances have a lower potential for abuse but may lead to moderate or low physical dependence or high psychological dependence. Examples may include products containing no more than 90 milligrams of codeine, ketamine and anabolic steroids
Schedule IV substances have a low potential for abuse. Examples could include clonazepam, Valium® and Soma®
Schedule V substances have a lower potential for abuse than those in Schedule IV. Examples may include Robitussin AC® and Phenergan with Codeine®

Prescription limitations

Prescription control and enforcement depends on the schedule it falls under:

Schedule II substances cannot be dispensed without the written prescription of a medical professional unless it’s an emergency. These medicines cannot be refilled; a new prescription must be written if the patient needs more.
Schedule III and IV substances cannot be dispensed without a written or oral prescription; they cannot be refilled more than six months after the prescription date or more than five times after the prescription date unless a practitioner renews the script.
Schedule V substances cannot be distributed or dispensed for any non-medical purpose.

These limitations are put in place to make sure no one abuses prescriptions or becomes addicted. This has become a focal point for law enforcement as the opioid epidemic in the U.S. grows.

If you are caught sharing your prescription in a way that is illegal under the CSA, you may need to defend yourself against serious charges. It is better to find other ways to aid someone you care about to receive medical help.

(This article taken from www.hplawtn.com )

Income Tax Fraud

mbrock1963@aol.com (Mike Brock) — Mon, 21 Feb 2022 17:07:48 GMT

What is considered income tax fraud?

Income tax fraud is one of the most serious white collar crimes, as a conviction can result in life-altering consequences.

Income tax fraud comes in many different forms, with these among the most common:

Preparing and filing a false return
Intentionally failing to file a return
Intentionally hiding income from the Internal Revenue Service (IRS)
Making false or fraudulent claims on your tax return

Are negligence and fraud the same?

There’s a big difference between income tax fraud and negligence.

Fraud occurs when you specifically take action in an attempt to evade taxes. Negligence, however, typically comes in the form of a simple mistake.

The IRS is skilled at distinguishing the difference between the two. Here are some of the most common red flags associated with fraudulent activity:

Falsification of documents
Overstatement of exemptions and deductions
Keeping two sets of books
Using someone else’s Social Security Number
Claiming personal expenses as business expenses
Hiding income, such as cash earnings

Potential penalties

If you made a simple mistake on your tax return, such as a math error, the IRS will notify you by mail and tell you what to do next. It may cost you some money, but it doesn’t carry the penalties associated with income tax fraud.

Potential penalties for tax fraud include:

Imprisonment
Fine
Cost of prosecution

This depends largely on the type of tax fraud. For example, an attempt to evade paying taxes is subject to the following punishments:

Imprisonment for up to five years
A fine up to $250,000 for individuals
A fine up to $500,000 for corporations
Both imprisonment and a fine, along with the cost of prosecution

With so much on the line, any charge of tax fraud against you should be taken seriously. If you assume that this isn’t a big deal, you’re only putting yourself in a more challenging position.

There are many defense strategies you can employ, with the idea of beating the charges altogether or, at the very least, minimizing the punishment you receive.

Even though you’re in a tough spot, you have legal rights as a taxpayer and you must protect them at all costs.

(This article taken from www.hplawtn.com )

Types Of Assault Charges

mbrock1963@aol.com (Mike Brock) — Fri, 18 Feb 2022 17:36:49 GMT

Types of behavior that may lead to assault charges

Under Tennessee law, there are two forms of assault, including both basic assault and aggravated assault. Aggravated assault charges typically stem from a situation that involves certain circumstances that make it more serious than a basic offense, such as the death of the victim or the use of a weapon or strangulation.

However, there is nothing simple about basic assault charges. Many people across the state of Tennessee don’t understand how the state defines assault and therefore don’t understand what actions may put them at risk of an arrest for assault charges.

There are three different ways that a person could commit assault in Tennessee

The state has three separate definitions for assault in its legal codes. The first and most widely understood involves causing bodily harm to another person. Assault could mean hitting someone with your hands or striking them with an inanimate object. Even tripping someone with the intent to cause harm could constitute assault.

The second way that Tennessee defines assault involved touching someone without their consent, especially in a rude, provocative, or inappropriate manner. The third definition of assault is likely the one that most people wind up surprised by.

Under Tennessee law, putting someone else in a state of fear for their own safety or the physical safety of others also constitutes assault. You could theoretically face assault charges for verbal threats or aggressive body language that led someone to believe you were going to harm them.

Regardless of the circumstances that lead to an arrest or charges related to assault, there will be opportunities to defend yourself, especially if harming another person was not your intention.

(This article taken from www.hplawtn.com )

Self Defense

mbrock1963@aol.com (Mike Brock) — Wed, 16 Feb 2022 17:49:00 GMT

Understanding the elements of self defense

Your rights

To understand exactly what you can and cannot do, take look at the three main elements of a self-defense claim:

The attack itself needs to be unprovoked; it’s not self-defense if you goad someone else into attacking you.
You have to fear for your life or for imminent injury. You must reasonably think that you are in danger to defend yourself from that danger.
The degree of force that you use has to be reasonable to the situation. It generally cannot be much greater than the force used against you.

(This article taken from www.hplawtn.com )

Consent To Search

mbrock1963@aol.com (Mike Brock) — Mon, 14 Feb 2022 18:53:22 GMT

Do I have to consent to being searched?

You Do Not Need to Consent to a Search

In order to properly authorize and conduct a search of your car, house, personal belongings, a police officer must have probable cause. Probable cause is defined as “ reasonable belief, based on facts that can be articulated, that is required to sue a person in civil court or to arrest and prosecute a person in criminal court.”

Therefore, a police officer must have concrete evidence, and/or reason, to search you and your possessions.

What To Do When Refusing a Search

When refusing a search conducted by a police officer, keep the following tips in mind:

(This article taken from www.hplawtn.com )

Blood Alcohol Concentration

mbrock1963@aol.com (Mike Brock) — Fri, 11 Feb 2022 18:51:06 GMT

Blood alcohol concentration limit in Tennessee

BAC is the blood-alcohol content in a person’s blood. It is expressed as a percentage. There is a presumption in every state that a BAC of .08 or higher is per se proof of impaired driving or DUI for driving a car on a public road.

For individuals under the age of 21 in Tennessee the BAC presumption is .02 or higher for per se proof of impairment. For commercial licenses a BAC of .04 or higher is proof of impairment.

Blood-alcohol concentration (BAC) is expressed in percent weight by volume (% w/v) based upon grams of alcohol per 100 cubic centimeters of blood or per 210 L of breath. A BAC of 0.08 % w/v means 0.08 g of alcohol per 100 cm³ of blood (0.008g/100cc) or 0.08 g of alcohol per 210 L of breath.

(This article taken from www.davis-hoss.com )

First Offense DUI

mbrock1963@aol.com (Mike Brock) — Wed, 09 Feb 2022 19:14:03 GMT

Consequences for a first offense DUI

If you are facing DUI charges for the first time, you are likely worried about the consequences.

Below are three common questions that arise when a person is facing a DUI charge for the first time.

What counts as a first-offense DUI in Tennessee?

Surprisingly, you may be able to qualify for a first-offense DUI even if you have been charged with a DUI in the past. If you have no DUI convictions in the past 10 years, measured from the offense date of the prior DUI conviction to the present DUI arrest date, you will be considered a first time offender. This can possibly lead to more lenient consequences.

Can I go to jail for a first offense DUI?

Even with a first-offense DUI charge you may still face jail time in Tennessee. The maximum sentence is 11 months and 29 days. Generally speaking, the minimum jail time required for a first offense DUI in the state is 48 consecutive hour with a BAC of .20 or above, you will be facing seven consecutive days in jail.

What other consequences can follow for a first-offense DUI conviction?

In addition to potential jail time, you will face several other penalties if you are found guilty. You will have to pay a fine; you will be on supervised or unsupervised probation for the entire 11 months and 29 days. Additionally your license will be suspended for one year. You will also have to attend a DUI class. However, your attorney can help you to obtain a restricted driver’s license.

(This article taken from www.levittandlevittlaw.com )

Money Laundering

mbrock1963@aol.com (Mike Brock) — Mon, 07 Feb 2022 18:30:13 GMT

Understanding the serious federal crime that is money laundering

Money laundering occurs when someone funnels a large amount of illegally gained cash through a seemingly legitimate source. The name is derived from taking “dirty” money and making it look “clean,” or laundered.

Large amounts of money can’t be deposited in the bank account of someone who, for a year, for example, has averaged $700 a month in their checking account without raising suspicions. A cash deposit of thousands of dollars draws the attention of a bank teller, and banks are required by law to inform authorities of large cash deposits or other financial transactions that look suspicious.

Both criminal organizations, such as drug-trafficking rings, and individuals can launder money.

To do so, the offender first must put the “dirty” money into a legitimate account, such as that of a business. Then, the offender must falsify paperwork, such as the books of the business, to hide the source of the money. Finally, once the money has been made “clean,” the money can be withdrawn from the legitimate account.

Money laundering also can be accomplished by dividing the money into smaller amounts and depositing those into multiple accounts. Some offenders also will smuggle the money into another country to put it into an account there. Some countries aren’t looking out for money laundering the way the United States is.

Money also can be laundered electronically through online auctions, gambling or cryptocurrencies.

While some might consider it a victimless crime, money laundering isn’t harmless. It’s a federal crime because it allows offenders to hide wealth, evade taxes and often fund criminal activity.

The criminal penalty for a money laundering conviction is stiff: a maximum 20-year prison sentence and a $500,000 fine or twice the amount of the transaction, whichever is greater, according to the Department of Justice. That’s per count.

(This article taken from www.criminaldefenselawyer.com )

Bank Fraud

mbrock1963@aol.com (Mike Brock) — Fri, 04 Feb 2022 18:57:35 GMT

There are many types of bank fraud and all can be serious

When it comes to bank fraud, there’s no two ways about it: It’s a serious crime that can have serious penalties in the event of a conviction.

Generally speaking, bank fraud occurs when an individual knowingly attempts to or executes fraud against a financial institution. Furthermore, the fraud must be carried out with the idea of obtaining money, funds, securities or some other form of assets.

According to the federal bank fraud statute, a conviction can lead to a fine as high as $1 million per charge. That’s in addition to a prison sentence of up to 30 years.

What does bank fraud look like?

Bank fraud takes on many forms, all of which are serious. These include but are not limited to:

Using stolen checks
Forging checks in an attempt to steal money from another individual
Impersonating a bank or another type of financial institution

Along with the above, using false information to make a financial gain can also fall under the category of bank fraud. For example, if you lie on a mortgage application in an attempt to obtain an approval, it could lead to bank fraud charges, among others.

What about credit cards?

Bank fraud and credit card fraud often go hand in hand. For instance, if you use false information to obtain a credit card, such as in someone else’s name, criminal charges can include bank fraud.

Even though it seems like a little white lie when you’re doing it, don’t ever stretch the truth when applying for a loan or credit card. While it doesn’t look like a big deal to you, the financial institution may feel differently.

What to do about bank fraud charges

As such a serious crime, bank fraud is not taken lightly by prosecutors. They’re on the lookout for people to make an example of, and that means you’re fighting an uphill battle.

Remember this: The government must have evidence to prove that you knowingly committed bank fraud. Digging up this evidence is easier said than done.

(This article taken from www.criminaldefenselawyer.com )

Computer Crimes

mbrock1963@aol.com (Mike Brock) — Wed, 02 Feb 2022 18:25:41 GMT

Computer crimes that can lead to serious consequences

In recent decades, computers have become common in most households and businesses. It is probably safe to say that computers are irreplaceable to most as they help us shop, pay our bills and stay in touch with friends and family.

Unfortunately, these virtual environments are ideal places in which to commit white-collar offenses either purposefully or accidentally. Federal and state authority figures are constantly working to identify and address illegal computer activities. As such, laws are already in place to hold those responsible for harming others through the use of computers.

Examples of white-collar offenses in Tennessee involving computers include:

Obtaining services, property or money through computer fraud
Falsifying computer data for personal gain
Interfering with financial transactions to misappropriate funds or commit fraud
Accessing restricted computer networks
Introducing malware or viruses to computer or network
Making copies of computer software or data without authorization

Some of these offenses may only result in misdemeanor charges, but others are much more grave. Examples of felony computer crimes include performing terroristic acts via computers and defrauding others out of their property via computers.

(This article taken from www.criminaldefenselawyer.com )

White Collar Crimes

mbrock1963@aol.com (Mike Brock) — Mon, 31 Jan 2022 17:23:15 GMT

How innocent people can be charged for white collar crimes

When was the last time you chanced upon a television crime drama featuring a massive investigatory probe targeting an individual who arguably committed a so-called “white collar” criminal offense at the workplace?

You’re probably thinking back a bit, right? Commonplace TV fare like CSI/FBI shows almost exclusively features alleged bad guys with violent tendencies and physical mayhem on their minds.

The bottom line: The white collar crime realm is a typically deemphasized sphere in the collective public mind. An insightful Harvard Business Review piece duly points to violent crime as being America’s “national obsession.” The article underscores that white collar crime is often viewed with a high level of disinterest, noting that, “Complicated financial schemes are difficult to understand, and the perpetrators and victims are often unclear.”

A few notable facts to clear up concerning white collar crime

Candidly, and as amply borne out by myriad and diverse reports and studies, the white collar crime realm is not on the back burner for law enforcers. It is actually the case that probes into alleged wrongdoing have spiked markedly in recent years, with deep-pocketed federal and state task forces often working together in search of arrests and convictions.

And notably harsh sentencing outcomes, which is a point worth emphasizing. It is a widely held perception that convicted white collar defendants are punished in a relatively light manner, which is a view largely grounded in myth.

Lengthy and diverse: a listing of white collar criminal offenses

Prosecutors aggressively pursue white collar criminal targets and routinely file charges they hope will stick and yield exacting penalties. Those charges run a wide gamut and include offenses like these:

Health care fraud (e.g, false billings linked to Medicare)
Embezzlement and money laundering
Bank/mortgage fraud
Insider trading and acts like Ponzi-scheme engineering and stock manipulation
Identity theft
Fraudulent activity tied to credit cards, the Internet and the postal system
Tax fraud/evasion

Criminal intent: sometimes unclear and even unproven

The above-cited Harvard piece makes the compelling point that corporate crime cases often “come down to whether those accused knew their actions were illegal.”

That often makes for a sticky point and slippery slope. Many case outcomes spanning the country have ultimately spotlighted the absence of any criminal wrongdoing by a defendant. Juries and courts have often concluded this:

An actor’s good-faith reliance upon a management directive to proceed in a certain way (e.g., a routine carrying out of a manager’s orders)
Behavior engaged in following a go-ahead from a professional adviser such as an accountant or legal counsel
Actions followed through on that an actor believed were firmly within the realm of customary practice and standard operating procedure
Misunderstanding regarding legal/regulatory dictates

The mantra “I never knew it was wrong and had no intent to break the law” routinely surfaces in legions of white collar criminal cases and proves persuasive in many cases.

The white collar crime sphere is an unquestionably complex and fluid legal arena, with consequences being potentially severe for any alleged wrongdoer. A proven and empathetic criminal defense legal team with a deep well of demonstrated client advocacy can provide diligent representation in a given case.

(This article taken from www.criminaldefenselawyer.com )

Consequences Of Drug Charges

mbrock1963@aol.com (Mike Brock) — Fri, 28 Jan 2022 20:09:38 GMT

Penalties and fines for drug charges in Tennessee

5 Types of Drug Charges

Tennessee has 5 drug charges residents and visitors should be aware of when in the state:

Drug Trafficking
Drug Manufacturing
Possession of a Controlled Substance w/Intent
Sale of a Controlled Substance
Simple Possession

Simple Possession of a Controlled Substance in Tennessee

Tennessee marijuana drug laws apply charges based on possession amounts:

Simple Possession: The charge of simple possession is the only drug charge categorized as a misdemeanor.

Up to ½ ounce is a (Class A Misdemeanor)

Sale or Possession of a Controlled Substance with Intent

The crime of possession with intent is a serious charge. All charges of possession with intent are considered felonies, and the punishment can range from 1 year in jail to 30+ years in state prison.

Sale or Possession w/Intent: All of these charges are felonies, ranging in penalties and fines.

½ Ounce to 10 lbs. (Class E Felony)
10 lbs. to 70 lbs. (Class D Felony)
70 lbs. to 300 lbs. (Class C Felony)
300+ lbs. (Class B Felony)

Sale or possession with intent is a serious drug charge. All four charges for possession with intent are classified as felonies. The penalties for these felonies range in length:

Class B Felony: 8 to 30 years
Class C Felony: 3 to 15 years
Class D Felony: 2 to 12 years
Class E Felony: 1 to 6 years

The Lasting Consequences of a Drug Conviction

A drug conviction can impact your life for many years after the crime. In addition to carrying a stigma, felony convictions can also leave you limited in career choices. You will also incur fines, possible prison time, and loss of privileges. With so much at risk, if you face drug charges, you need to work with an attorney to mount a strong defense.

Murder And Manslaughter

mbrock1963@aol.com (Mike Brock) — Wed, 26 Jan 2022 18:55:33 GMT

What is the difference between murder and manslaughter?

Criminal offenses related to the death of a human being are among the most serious charges. How does Tennessee differentiate between manslaughter and murder?

Murder involves intent

Manslaughter scenarios can involve accidents

(This article taken from www.levittandlevittlaw.com )

Probation Violation

mbrock1963@aol.com (Mike Brock) — Fri, 21 Jan 2022 19:16:11 GMT

Consequences for probation violation

Perhaps you committed a crime for the first time and were sentenced to probation as a result. At the time, you were just glad to not have to spend any time in jail. What you didn’t realize, though, is that the court system takes probation violations very seriously.

In this post, we want to spend some time not only discussing the most common probation violations, but also the consequences you could face for failing to comply with the terms of your sentence.

Five common probation violations

Failing to meet with your probation officer – Chattanooga residents on supervised probation are required by the court to regularly meet with their probation officer. Even one missed appointment could be considered a violation.
Failing a drug test/sobriety test – The last thing you want to do is continue using drugs or drinking alcohol while on probation. All it takes is one failed drug/sobriety test to be in hot water with your probation officer.
Failing to serve community service hours – Maybe part of your sentencing also includes a community service requirement. However, if you fail to complete the set number of service hours within a given duration, you could have your probation revoked and be faced with more serious consequences.
Leaving the restricted area outlined in the conditions of your probation – Let’s say you were convicted of drug usage and the judge ordered you to stay away from certain people associated with criminal activity. Should you brush off this requirement for whatever reason and wind up getting caught, you will be in a world of trouble.
Committing another crime – You’d be surprised by the number of people who commit another crime despite the fact that they’re on probation. Needless to say, being convicted of another crime, regardless of the severity, will put you back in court.

Consequences for violating probation

It’s never a good idea to violate your probation. Here are just a few of the sentences the judge could impose.

Continue your probation for up to five years under the same terms
Change the conditions of your probation and order you to follow through with additional requirements
Revoke your probation and require you to serve a jail sentence of up to 30 days

(This article taken from www.cawpllc.com )

Cyberbullying and Harassment

mbrock1963@aol.com (Mike Brock) — Wed, 19 Jan 2022 18:50:39 GMT

What to know about online harassment and the consequences

Cyberbullying as a Crime

Anyone who uses a smart phone, laptop, or other device to follow, harass, or threaten another person can be prosecuted under various Tennessee criminal laws.

Harassment

And, anyone who posts or transmits an image to another person is guilty of harassment, if:

the person posting or transmitting maliciously intends to be perceived by the victim as a threat, and
a reasonable person viewing the image would perceive it as a threat. (Tenn. Code Ann. § 39-17-308.)

So, sending an annoying or alarming text message, for example, is a form of harassment under Tennessee law

Stalking

The crime becomes a Class E felony if the victim is under age 18 and the stalker is five or more years older than the victim. (Tenn. Code Ann. § 39-17-315.)

How is Cyberbullying Punished in Tennessee?

Schools

The policies must:

define cyberbullying, harassment, intimidation, and bullying
prohibit cyberbullying, harassment, intimidation, and bullying of students
state the consequences to anyone who engages in prohibited conduct
set forth the reporting procedure to be used by anyone experiencing or witnessing prohibited conduct, including anonymous reporting
prohibit retaliation against anyone who reports prohibited conduct, and
describe the investigation that the district will conduct following reports.

(Tenn. Code Ann. § 49-6-4503.)

The law also requires districts to provide annual training on the policy to teachers and administrators, as well as to notify students and parents of the policy.

Immunity from Lawsuits

(This article taken from www.criminaldefenselawyer.com )

Drug Crime Sentences

mbrock1963@aol.com (Mike Brock) — Mon, 17 Jan 2022 18:03:07 GMT

Two things that impact drug crime sentences in Tennessee

Example #1: Type.

Example #2: Weight.

Take-home lesson

(This article taken from www.thomasovertonlegal.com )

Health Care Fraud

mbrock1963@aol.com (Mike Brock) — Fri, 14 Jan 2022 17:14:18 GMT

What does healthcare fraud look like and who can be charged?

Wide variety of allegations

Although the arrests were announced at the same time, the alleged crimes represent a wide variety of behavior in different settings.

Many other cases involved allegedly fraudulent prescriptions for opioid pain relievers in exchange for cash or other kickbacks.

A variety of defendants

The defendants in health care fraud cases often include business entities – both nonprofit and for-profit companies – but just as often they include individuals.

(This article taken from www.bfhelaw.com )

DUI And Job Prospects

mbrock1963@aol.com (Mike Brock) — Wed, 12 Jan 2022 17:28:34 GMT

How does having a DUI on your record affect potential job prospects?

Tennessee law enforcement recently hit you with DUI charges, but you still want to move forward with your job search. Could the encounter prevent you from qualifying for your dream job?

Arrest and conviction

Did the police arrest you for DUI, or did they convict you? An arrest may not affect your job search negatively, as most states limit employers to asking only about convictions rather than arrests. Read applications carefully to understand how much information you must tell employers, and only bring up your drunk driving charge if hiring managers ask you about it specifically.

Nature of the job

The industry also determines whether a DUI affects your job prospects. If you want to operate a vehicle or care for children, your drunk driving charge may bar you from employment. You could also run into hurdles if you want to work in the military, the government or a business sector that involves handling sensitive information.

Honesty

When you must share your DUI with employers, do not lie. If the company runs a background check on you, expect them to learn about your charge. Consider how to explain the circumstances that led to your encounter with police, the steps you take to make sure you never get another DUI and what you do to improve your life after getting a DUI.

DUIs do not bar you from enjoyable employment. Getting the facts on the matter helps you know where and how to focus your energies.

(This article taken from www.danielforresterlaw.com )

Stealing Addiction

mbrock1963@aol.com (Mike Brock) — Mon, 10 Jan 2022 18:57:10 GMT

Can I use my stealing addiction as a form of defense?

Addictions can come in many forms. Having an addiction to stealing or shoplifting is a recognized condition, known as kleptomania. You may not be aware that you have kleptomania, but if you find yourself compulsively stealing, it is possible that you meet the diagnostic criteria.

If you have been accused of shoplifting in Tennessee, you should consider whether you have an addiction to shoplifting. If you are diagnosed with kleptomania, you may be able to use this to your advantage when defending yourself. In addition, you will be able to gain professional help.

What is kleptomania?

A person who is suffering from kleptomania has the urge to steal, not for monetary or personal gain, but because they have an impulse to do so.

Before stealing, they feel tension and a compulsion. They feel like they cannot stop themselves. When they successfully steal an item, they probably feel pleasure and satisfaction, however after these feelings have subsided, they may be followed by guilt and remorse.

This can create an inescapable cycle for the kleptomania sufferer.

Can I defend myself from my shoplifting charge by arguing that I suffer from kleptomania?

There are limited options when it comes to gaining an acquittal due to a kleptomania diagnosis. Although kleptomania is a legitimate mental health condition, in most of the cases, it does not mean the person suffering from the condition has no impulse control. In other words, it can still be possible to stop yourself from stealing even if you have kleptomania, and, therefore, you will still be held responsible for your actions.

However, the courts may deem it appropriate for a defendant suffering from kleptomania to be sentenced to a rehab facility. This will help them to get on the right track to recovery and could prevent the defendant from repeating their offense.

If you are facing shoplifting charges in Tennessee, it is important to act quickly so that you can build a strong defense.

Felonies And Prison Time

mbrock1963@aol.com (Mike Brock) — Fri, 07 Jan 2022 19:12:39 GMT

Do all felonies in Tennessee carry prison time?

It’s important to secure the services of a criminal defense attorney if you are charged with any of the following felony offenses:

Homicide
Aggravated assault
Rape or sexual assault
Burglary
Kidnapping
Robbery
Drug trafficking
White-collar crimes

Felonies by Class and Sentence in Tennessee

Class A Felonies: Class A felonies carry sentences between 15 and 60 years in prison and fines of up to $50,000. This class of felony is the most serious felony in Tennessee. An example of a class A felony would be aggravated rape, which according to Tenn. Code Ann. § 40-35-111 (2019) is rape that causes secondary injury to the victim or where the accused is armed during the crime.

Class B Felonies: Class B felonies carry sentences between 8 and 30 years in prison and fines of up to $25,000. This class of felony is also a serious offense. Aggravated burglary, according to Tenn. Code Ann. § 40-35-111 (2019) is a burglary that results in severe injuries to the victim.

Class C Felonies: Class C felonies carry sentences between 3 and 15 years in prison and fines of up to $10,000. Aggravated assault is an example of a class C felony, and according to Tenn. Code Ann. § 40-35-111 (2019), aggravated assault is the crime of intentionally causing bodily harm to another person.

Class D Felonies: Class D felonies carry sentences between 2 and 12 years in prison and fines of up to $5,000. According to Tenn. Code Ann. § 40-35-111 (2019), possession of marijuana in quantities between 10 and 70 pounds is a class D felony.

Class E Felonies: Class E felonies carry sentences between 1 and 6 years in prison and fines of up to $3,000. A class E felony is the least serious felony, and according to Tenn. Code Ann. §§ 40-35-110, 40-35-111 (2019), any crime that Tennessee lawmakers have designated as a felony but have not classified it will be charged as a Class E felony. Theft of more than $1000 but less than $2500 is a class E felony.

Intent To Distribute

mbrock1963@aol.com (Mike Brock) — Mon, 03 Jan 2022 21:24:55 GMT

Three ways that police officers and prosecutors establish the intent to distribute

Defendant in such cases face serious consequences. How do the police establish the intent to distribute a drug?

Types of drugs

Socialization

Police may surveil your residence or subpoena your phone records to show that you frequently interact with people you do not know.

Other items in your possession

Consequences Of A Bar Fight

mbrock1963@aol.com (Mike Brock) — Mon, 20 Dec 2021 17:43:25 GMT

What are the potential legal ramifications of getting into a bar fight?

4 Types of Criminal Charges You Could Face From a Bar Fight

If you are involved in a bar fight, you could face any of the following charges:

Assault: Assault is often found together with battery, but they are separate charges. Assault and battery are not interchangeable. Causing another person to fear bodily harm can result in assault charges. Assault is threatening bodily harm and attempting violence towards another person.

Battery: Unlike assault, battery happens when force is actually used to harm another person. If the injury isn’t serious, it is typically reflected in the punishment. However, if for example, a bar fight leads in serious harm to another person, you could face felony battery charges.

Disturbing the Peace: Considered by most to be a minor offense, disturbing the peace is a misdemeanor offense that carries up to 90 days in jail and a fine of $400 or less. Disturbing the peace doesn’t mean there was a physical fight. It can also be the result of shouting insult and using provocative language to incite a fight.

Manslaughter: Accidentally taking the life of another person is considered involuntary manslaughter. A heat of the moment and accidental death, like if one happened to die in a bar fight. Whether a manslaughter charge is categorized as voluntary or involuntary, it will carry jail time.

Constructive Possession

mbrock1963@aol.com (Mike Brock) — Fri, 17 Dec 2021 17:51:41 GMT

What should you know about constructive possesssion?

If law enforcement officers and a prosecutor charge you with a drug crime, a court of law cannot convict you unless it believes beyond a reasonable doubt that you possessed or owned the drugs.

The prosecutor can go one of two ways to prove your ownership: actual possession and constructive possession.

Actual possession

Constructive possession

Constructive possession means the prosecutor must prove by circumstantial evidence alone that you not only knew about the drugs but also possessed the ability to control them.

Example

The following example should make constructive possession easier for you to understand. At your trial, the officer testifies as follows:

(S)he observed you speeding.
(S)he pulled you over for this alleged traffic violation.
(S)he noticed two other people in your car: someone in the passenger seat and someone in the back seat.
(S)he asked you for your license and registration, from which (s)he determined that you owned the car.
(S)he asked to search your car, and you gave him or her permission to do so.
(S)he found illegal drugs in your unlocked glove box.

Consequently, no one can determine who owned the drugs, and the prosecutor failed to meet his or her burden of proof. The court cannot convict you of a drug crime.

Property Crimes

mbrock1963@aol.com (Mike Brock) — Wed, 15 Dec 2021 18:44:06 GMT

What are the different types of property crimes?

How do theft, robbery and burglary differ?

Aggravated Burglary – an aggravated burglary is burglary of a habitation and is a Class C felony.

Testing For Intoxicated Driving

mbrock1963@aol.com (Mike Brock) — Fri, 10 Dec 2021 18:05:55 GMT

How police officers test for intoxicated driving

Imagine a police officer in Tennessee suspects you are driving while intoxicated. After you step out of your vehicle, the officer will likely instruct you to perform three roadside tests.

Knowing what to expect during these exams may help you perform them better.

Walk-and-turn test

This test involves taking nine steps in a straight line. Feet must touch at the end of each step. Once you reach the ninth step, turn around and make nine more steps in the opposite direction.

Your arrest is possible if you stumble or your heels and toes do not connect. Officers also look for miscounting and using arms for balance.

One-legged stand test

For this evaluation, you must stand on one leg. While in this position, count out loud until you reach a specified number.

Law enforcement will look for any swaying or loss of balance. Skipping numbers and both feet touching the ground are other indications of inebriation.

Horizontal-gaze test

Alternative tests

Getting pulled over for suspicion of drunk driving is a tenuous situation. Follow the instructions and tests that a representative of the law asks you to perform.

Simple Drug Possession

Fri, 03 Dec 2021 15:52:47 GMT

What is considered simple drug possession in Tennessee?

Simple Drugs and Possible Penalties

In Tennessee, a simple drug is one of the following:

Powder cocaine
Crack cocaine
Heroin
Marijuana
Methamphetamine
The penalties for being caught in possession of one of the drugs listed above vary depending on the amount of the drug and the number of previous offenses.

A first offense is considered a Class A Misdemeanor and will get you either:

probation;
court fees;
fines; or
a jail sentence of up to 11 months and 29 days.

The fine amount for simple drug possession will vary depending on the type of drug found on your person.

If found with marijuana, you could be fined:

$250 for the first conviction;
$500 for the second conviction; and
$1,000 for the third conviction and every other conviction after. If you are convicted for a third time, you will be charged with a felony rather than a misdemeanor.

If you are found with a scheduled controlled substance (cocaine, heroin, methamphetamine), you could be fined:

$750 for the first conviction;
$850 for the second conviction; and
$1,000 for the third conviction and every other conviction after. If you are convicted for a third time, you will be charged with a felony rather than a misdemeanor.

DUI Checkpoint

mbrock1963@aol.com (Mike Brock) — Wed, 01 Dec 2021 17:15:36 GMT

What are your rights at a DUI checkpoint?

Know Your Rights

Additionally, every state has an implied consent law, which means you must submit to a blood test or a chemical test. Noncompliance will result in serious consequences.

DUI & Criminal Record

mbrock1963@aol.com (Mike Brock) — Mon, 29 Nov 2021 16:26:39 GMT

How long does a DUI stay on your record?

Understanding the Severity and Permanence of Tennessee DUIs

DUIs that Were Dismissed or Did Not Result in a Conviction

Expungable DUI Cases

Inexpugnable DUI Cases

Legality Of Carrying A Knife

mbrock1963@aol.com (Mike Brock) — Fri, 26 Nov 2021 18:05:07 GMT

Can I be convicted of a weapons charge for carrying a knife?

Due to Tennessee’s vague legislative language, it can be difficult to understand exactly what type of weapon will get you convicted of a weapons charge.

As of 2013, it is legal to own any type of knife, including:

throwing stars;
daggers;
dirks;
swords;
sword canes; and
machetes.

Concealed Weapon Charge

You could get a deadly weapon charge if you:

commit an offense with a deadly weapon, other than a firearm, with the intent of employing it during an attempt to commit a dangerous crime or escape from the scene of a dangerous crime; or
commit an offense with a deadly weapon with the intent of employing it during an attempt to commit a non-dangerous crime or escape from the scene of a non-dangerous crime.

Carrying a Knife onto School Property

School property consists of:

buildings;
buses;
campus grounds;
recreation areas; and
athletic fields.

If you are found carrying a knife on school grounds, you could face a felony conviction with penalties of up to 6 years in prison and a fine of up to $3,000.

(This article taken from www.pattonandpittman.com )

Bar Fights

mbrock1963@aol.com (Mike Brock) — Mon, 22 Nov 2021 17:52:45 GMT

What happens if I get into a bar fight?

4 Types of Criminal Charges You Could Face From a Bar Fight

If you are involved in a bar fight, you could face any of the following charges:

Assault: Assault is often found together with battery, but they are separate charges. Assault and battery are not interchangeable. Causing another person to fear bodily harm can result in assault charges. Assault is threatening bodily harm and attempting violence towards another person.

Battery: Unlike assault, battery happens when force is actually used to harm another person. If the injury isn’t serious, it is typically reflected in the punishment. However, if for example, a bar fight leads in serious harm to another person, you could face felony battery charges.

Disturbing the Peace: Considered by most to be a minor offense, disturbing the peace is a misdemeanor offense that carries up to 90 days in jail and a fine of $400 or less. Disturbing the peace doesn’t mean there was a physical fight. It can also be the result of shouting insult and using provocative language to incite a fight.

Manslaughter: Accidentally taking the life of another person is considered involuntary manslaughter. A heat of the moment and accidental death, like if one happened to die in a bar fight. Whether a manslaughter charge is categorized as voluntary or involuntary, it will carry jail time.

(This article taken from www.pattonandpittman.com )

Field Sobriety Testing

mbrock1963@aol.com (Mike Brock) — Fri, 19 Nov 2021 17:16:13 GMT

Am I required to take a field sobriety test?

Getting pulled over for suspicion of drinking and driving is an overwhelming situation to find yourself in and it is crucial to know your rights. The officer who pulls you over may begin by asking you a series of questions and, at some point, you may be asked to step outside of your vehicle to take a field sobriety test. How you handle this situation can potentially harm or help your case, so continue reading to learn more about field sobriety tests during a DUI stop.

Understanding Your Rights

Tennessee, much like every other state in the country, uses field sobriety tests when examining a person’s sobriety or level of intoxication at a DUI stop. The three most common and generally accepted forms of these tests are the Walk-and-Turn, the Horizontal Gaze Nystagmus, and the One-Leg Stand. Despite the fact that field sobriety tests are part of Tennessee’s standard procedure, they are incredibly unreliable due to a variety of factors, such as a lack of controlled conditions and subjective grading.

Of course, the greatest concern when it comes to refusing a field sobriety test is whether it will result in an automatic DUI. You are not legally obligated to subject yourself to field sobriety tests. However, you are required to take a chemical test, such as a breath or blood test, due to implied consent laws. Oftentimes, when an officer asks a driver to take these field sobriety test, there is already an assumption that the driver is intoxicated and these series of tests are merely a path toward collecting more evidence against you. Politely decline the officer’s request for a field sobriety test. If asked to submit to a chemical test, on the other hand, you must do so or you will risk losing your license for one year or more, depending on the number of offenses you have on record.

(This article taken from www.pattonandpittman.com )

The Legal Dangers of Verbal Threats

mbrock1963@aol.com (Mike Brock) — Wed, 17 Nov 2021 17:12:26 GMT

How verbal threats can lead to a physical assault charge

According to the Tennessee Code (Tenn. Code Ann. § 39-13-101), a person commits assault who:

intentionally, knowingly or recklessly causes bodily injury to another;
intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
intentionally or knowingly causes physical contact with another, and a reasonable person would regard the contact as extremely offensive or provocative.

So, if you threaten someone to the point where they fear for their lives or bodily harm from you, then you can be charged with assault.

How Threats Can Be Used Against You

Tennessee Codes § 39-13-601; § 39-13-604; and § 40-6-303 state that only one-party consent is required for an electronic recording. It further outlines the following:

(This article taken from www.pattonandpittman.com )

Drug Paraphernalia Laws

mbrock1963@aol.com (Mike Brock) — Mon, 15 Nov 2021 17:30:03 GMT

Understanding Tennessee's drug paraphernalia law

What Is Drug Paraphernalia?

Common legal items that instantly become illegal when used with a controlled substance:

Balloons
Pens
Plastic Bags
Scales
Small Spoons

Tennessee Penalties for Possessing of Drug Paraphernalia

Fines of at $150+ for a first conviction
Fines of at $250+ for any following convictions
Drug paraphernalia charges can become a Class E felony when an individual is found to have these items with the intent to sell or deliver drugs. Fines for Class E felony drug paraphernalia charges vary, but those found guilty could face fines up to $50,000 and up to two years in prison.

Borrowing A Firearm

Fri, 12 Nov 2021 16:36:10 GMT

Can I get in trouble for borrowing a friends gun?

Prohibited Weapons in Tennessee

If you aren’t facing a weapons charge, but you’re wondering if your weapon is legal, the following weapons are outlawed for citizens in Tennessee.

According to Tennessee Code 39-17-1302, Prohibited weapons:

( a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells:

(1) An explosive or an explosive weapon;

(2) A device principally designed, made or adapted for delivering or shooting an explosive weapon;

(3) A machine gun;

(4) A short-barrel rifle or shotgun;

(5) A firearm silencer;

(6) Hoax device;

(7) A switchblade knife or knuckles; or

Laws and Penalties for Gun Charges in Tennessee

(This article taken from www.pattonandpittman.com )

Impaired Driving Concerns

mbrock1963@aol.com (Mike Brock) — Wed, 10 Nov 2021 20:52:26 GMT

Impaired driving continues to be a concern & what Tennessee officials are doing about it.

KEY FINDINGS OF THE TRAFFIC FATALITIES STATISTICS REPORT

TENNESSEE’S PLANS FOR IMPROVING SAFETY

(This article taken from www.loganthompsonlaw.com )

Gun Law Consequences

mbrock1963@aol.com (Mike Brock) — Mon, 08 Nov 2021 18:26:33 GMT

Why you should make sure you are comply with Tennessee gun laws

Tennessee is considered to be a gun-friendly state in comparison with other states across the country. However, safety is a top priority, and this is reflected in many of the state’s gun policies.

Owning and carrying weapons in Tennessee

Legally carrying your gun in public places

Weapons in your vehicle

(This article taken from www.levittandlevittlaw.com )

Types Of Assault

mbrock1963@aol.com (Mike Brock) — Fri, 05 Nov 2021 18:41:53 GMT

Different types of assault charges in Tennessee

There are two types of assault (simple and aggravated), and those accused can face misdemeanor or felony charges. Depending on the severity, penalties can range from prison time to fines.

Simple Assault

Simple assault is defined as knowingly or recklessly causing bodily harm to another person.

Simple assault can result in:

a victim reasonably fearing imminent bodily injury; or
physical contact with another person that would cause them to feel reasonably provoked.

This type of assault is a misdemeanor because it generally involves minor bodily injuries such as cuts, scrapes, or bruises.

Class A or B Misdemeanor

A Class B misdemeanor is physical contact that is offensive or provocative. The punishments for Class B misdemeanors are up to 6 months in jail, a fine up to $5,000, or both.

Someone convicted of simple assault may be required to pay restitution. Restitution involves reimbursing any victims for expenses resulting from the crime.

Aggravated Assault

Aggravated assault is a felony with severe consequences.

To commit aggravated assault, a person must:

knowingly or recklessly cause serious physical injury to another person;
knowingly or intentionally attempt to cause physical injury;
be a parent or guardian of a child or adult who refuses to protect the child or adult from an aggravated assault or child abuse;
knowingly or intentionally cause or attempt to cause bodily injury to another person while under a legal order or agreement that prohibits such actions; and/or
intentionally cause physical injury to a public employee while the person was performing their job.

Felony Charges

Anyone who commits a simple assault while brandishing or using a deadly weapon will be charged with a felony aggravated assault.

A deadly weapon is any object that is capable of causing death or serious bodily injury.

Deadly weapons include:

firearms;
hunting knives; or
brass knuckles.

There are two felony classes—Class C felony and Class D felony:

The sentence for a Class C felony is 3 to 15 years in prison and/or a fine of up to $10,000.
The sentence for a Class D felony is 2 to 12 years in prison and/or a fine of up to $5,000.

Like a simple assault, a person may be required to pay restitution to a victim for expenses resulting from their crime.

(This article taken from www.pattonandpittman.com )

DUI Consequences

mbrock1963@aol.com (Mike Brock) — Wed, 03 Nov 2021 17:36:56 GMT

What to expect when receiving a DUI in Tennessee

BAC Limits

Punishments and Sentences

Implied Consent

(This article taken from www.loganthompsonlaw.com )

Testing For Intoxicated Driving

mbrock1963@aol.com (Mike Brock) — Mon, 01 Nov 2021 17:42:52 GMT

Different ways that officers test drivers for intoxicated driving in Tennessee

Imagine a police officer in Tennessee suspects you are driving while intoxicated. After you step out of your vehicle, the officer will likely instruct you to perform three roadside tests.

Knowing what to expect during these exams may help you perform them better.

Walk-and-turn test

This test involves taking nine steps in a straight line. Feet must touch at the end of each step. Once you reach the ninth step, turn around and make nine more steps in the opposite direction.

Your arrest is possible if you stumble or your heels and toes do not connect. Officers also look for miscounting and using arms for balance.

One-legged stand test

For this evaluation, you must stand on one leg. While in this position, count out loud until you reach a specified number.

Law enforcement will look for any swaying or loss of balance. Skipping numbers and both feet touching the ground are other indications of inebriation.

Horizontal-gaze test

Alternative tests

Getting pulled over for suspicion of drunk driving is a tenuous situation. Follow the instructions and tests that a representative of the law asks you to perform.

(This article taken from www.levittandlevittlaw.com )

Appealing A Criminal Conviction

mbrock1963@aol.com (Mike Brock) — Fri, 29 Oct 2021 17:52:41 GMT

What to expect when appealing a criminal conviction

There are a host of reasons why someone may be wrongly convicted.

Regardless of the criminal offense they were accused of committing, many different factors can play a role in an unjust conviction or unfair ruling. These can include:

Insufficient evidence
A mistake during sentencing
Misconduct of prosecutors
Exclusion of evidence
Improper jury instructions

Those who are struggling with the consequences of such a ruling may want to appeal the case. However, it is imperative to approach the criminal appeals process correctly.

A proactive approach to protecting rights

In many instances, the appeals process can last for months or longer. Sometimes, appeals are denied, but even then, there may be additional options available.

Regrettably, many people have suffered as a result of unfairness during their trial, whether they had to deal with a judge who did not treat their case properly or some other serious problem.

(This article taken from www.levittandlevittlaw.com )

Understanding Property Crimes

mbrock1963@aol.com (Mike Brock) — Wed, 27 Oct 2021 16:42:57 GMT

What are the different types of property crimes?

How do theft, robbery and burglary differ?

After the arrest, it is important to understand the charges and how they impact the case and its potential consequences.

Aggravated Burglary – an aggravated burglary is burglary of a habitation and is a Class C felony.

Tailoring a defense to the crime can be essential

(The article taken from www.levittandlevittlaw.com )

Glove Box Search

mbrock1963@aol.com (Mike Brock) — Mon, 25 Oct 2021 15:24:41 GMT

Can the police search your glove box?

There are two important criminal defense matters in the story: gun rights and search and seizure.

Gun rights and convictions

Illegal search and seizure

(This article taken from www.levittandlevittlaw.com )

Domestic Violence Defenses

mbrock1963@aol.com (Mike Brock) — Fri, 22 Oct 2021 19:12:31 GMT

What are some possible defenses to a domestic violence charge?

Allegations of domestic violence are taken seriously by law enforcement, because many people die each year at the hands of a person with whom they are living.

Arguing that the alleged victim acted out of spite

Accusing another person of committing the alleged abuse

Claiming you acted out of self defense

Lack of proof

(This article taken from www.levittandlevittlaw.com )

Tennessee Domestic Violence Consequences

mbrock1963@aol.com (Mike Brock) — Mon, 18 Oct 2021 16:23:31 GMT

Tennessee domestic violence charges have a ripple effect

In Tennessee domestic assault charges are in one of two categories:

Class A misdemeanor , which is punishable by up to 11 months and 29 days in jail and a fine of up to $2.500.
Class B misdemeanor , which is punishable by not more than six months in jail and a $500 fine.

She said he also held her arm underwater in order to prevent her Bluetooth-enabled watch to function properly.

After the officer’s arrest, the Nashville Police Department decommissioned him and launched an investigation into the incident.

(This article taken from www.levittandlevittlaw.com )

Police Searching Cars

mbrock1963@aol.com (Mike Brock) — Fri, 15 Oct 2021 17:00:27 GMT

Are police allowed to search my car?

After an arrest or with a warrant

When police have probable cause

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

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 )

Understanding Shoplifting In Tennessee

mbrock1963@aol.com (Mike Brock) — Mon, 11 Oct 2021 16:14:53 GMT

Do you know what is considered shoplifting in Tennessee?

Shoplifting charges don’t just result from theft

Examples of situations where someone does not leave the store but still winds up charged with a crime could include:

Replacing a price tag on one item with a tag from another
Altering a price tag to change how it rings up
Putting items inside another item
Intentionally hiding an unpaid item in a purse, backpack, coat or pocket
Moving an item into a different container or packaging
Intentionally manipulating a cash register or similar device

Treat all shoplifting allegations like a serious potential issue

(This article taken from www.levittandlevittlaw.com )

Protesting In Tennessee

mbrock1963@aol.com (Mike Brock) — Fri, 08 Oct 2021 17:27:21 GMT

What to know about the laws surrounding protesting in Tennessee

Where Am I Allowed to Protest?

How am I Allowed to Protest?

What Can I Be Arrested For?

Disorderly Conduct

TCA § 39-17-305:

(a) A person commits an offense who, in a public place and with intent to cause public annoyance or alarm:

(1) Engages in fighting or in violent or threatening behavior;

(2) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or other emergency; or

(3) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.

(b) A person also violates this section who makes unreasonable noise that prevents others from carrying on lawful activities.

Failure To Obey

TCA § 55-8-104:

Resisting Arrest

TCA § 39-16-602:

(b) Except as provided in § 39-11-611, it is no defense to prosecution under this section that the stop, frisk, halt, arrest or search was unlawful.

(This article is taken from www.bestlawhb.com )

Suspected Of Drunk Driving

mbrock1963@aol.com (Mike Brock) — Wed, 06 Oct 2021 14:04:13 GMT

The steps you should take if you are suspected of driving under the influence

This is what you should do if you are pulled over:

Move to safety as soon as possible: This is not a time to continue driving as if nothing is happening. The officer wants you to immediately move to the side of the road. By putting on your hazard lights, you acknowledge to the officer that you see him or her.
Wait where you are: Do not get out of your vehicle, take off your seat belt or start grabbing for your license and registration. Put your hands on the steering wheel, wait for the officer to arrive and then follow his or her instructions.
Be polite: You do not have to go overboard, but it is critical that you remain respectful and polite as you are discussing the situation with the officer. If you become aggressive or condescending to the officer, it will raise suspicions and all but guarantee that you will find yourself in trouble.
Do not say too much: If you are asked a potentially incriminating question, think about how much information you will share. It is best to keep your answers short and to the point. Saying too much could result in your arrest. Remember, you always have the right to remain silent.
Stay calm if the officer puts you under arrest: This is the last thing you want to happen, but it is a possibility if you have been drinking. Stay calm, do not say anything the officer could use against you in court, and follow instructions.

If you take these steps after being pulled over for suspicion of drinking and driving, you improve your chances of avoiding an arrest or conviction.

(This article taken from www.levittandlevittlaw.com )

Gun Laws In Tennessee

mbrock1963@aol.com (Mike Brock) — Fri, 01 Oct 2021 16:24:59 GMT

What a gun charge can mean for you in Tennessee

Tennessee is considered to be a gun-friendly state in comparison with other states across the country. However, safety is a top priority, and this is reflected in many of the state’s gun policies.

Owning and carrying weapons in Tennessee

Legally carrying your gun in public places

Weapons in your vehicle

(This article taken from www.levittandlevittlaw.com )

Exercising Miranda Rights

mbrock1963@aol.com (Mike Brock) — Wed, 29 Sep 2021 16:43:32 GMT

When should you waive your Miranda Rights?

Question: When should I waive my Miranda Rights in Tennessee and speak with police about a criminal case?

Answer: Never.

If police want to ask you questions, tell the police that you want a lawyer with you. Do not speak to law enforcement or answer any questions without your lawyer present.

Though I could write more extensively on this subject, that just about covers it.

What Is Domestic Violence?

mbrock1963@aol.com (Mike Brock) — Mon, 27 Sep 2021 19:03:06 GMT

What constitutes as domestic violence in Tennessee

The Definition Of Domestic Violence

Physical Abuse

Sexual Abuse

Emotional Or Psychological Abuse

(This article taken from www.houstonalexander.com)

Driving And Presciption Drugs

mbrock1963@aol.com (Mike Brock) — Fri, 24 Sep 2021 17:21:29 GMT

The danger of driving while using prescription drugs

Should you drive while on your prescription?

While many people assume their doctor or health care provider will tell them if it is safe to drive while using their prescription, that is not always the case.

Drowsiness
Blurred vision
Slower movement or reaction times
Dizziness
Fainting
Lack of focus
Nausea
Excitability or irritability

Tennessee and Georgia laws

Even though you may not have known how your prescription would affect your driving abilities, you can still be charged with a DUI. Be careful.

(This article taken from www.levittandlevittlaw.com )

Carrying A Firearm And Driving

mbrock1963@aol.com (Mike Brock) — Wed, 22 Sep 2021 17:33:25 GMT

What to do if pulled over with a gun in the car

Remain calm and cooperative

Tennessee law requires disclosure of permit at the request of an officer

According to Beretta, an Italian firearms manufacturer, drivers who conceal and carry weapons should take the following steps:

Keep your hands on the steering wheel at all times
Turn on the vehicle’s dome light if it is dark outside
Only reach for items like your driver’s license when instructed by the officer
Inform the officer you are carrying if your movement will reveal a weapon, such as one located in the glove box or at the hip.
Ask the officer how he or she would like you to proceed.
Produce driver’s license, vehicle registration and permit to carry as required by state law at the instruction of the officer.

Drivers who fail to use caution in this situation or do not have their firearm permit available risk administrative penalties, criminal charges or the escalation of the use of force by an officer.

(This article taken from www.levittandlevittlaw.com )

Constructive Possession

mbrock1963@aol.com (Mike Brock) — Mon, 20 Sep 2021 17:03:12 GMT

What should you know about constructive possession?

If law enforcement officers and a prosecutor charge you with a drug crime, a court of law cannot convict you unless it believes beyond a reasonable doubt that you possessed or owned the drugs.

The prosecutor can go one of two ways to prove your ownership: actual possession and constructive possession.

Actual possession

Constructive possession

Constructive possession means the prosecutor must prove by circumstantial evidence alone that you not only knew about the drugs but also possessed the ability to control them.

Example

The following example should make constructive possession easier for you to understand. At your trial, the officer testifies as follows:

(S)he observed you speeding.
(S)he pulled you over for this alleged traffic violation.
(S)he noticed two other people in your car: someone in the passenger seat and someone in the back seat.
(S)he asked you for your license and registration, from which (s)he determined that you owned the car.
(S)he asked to search your car, and you gave him or her permission to do so.
(S)he found illegal drugs in your unlocked glove box.

Consequently, no one can determine who owned the drugs, and the prosecutor failed to meet his or her burden of proof. The court cannot convict you of a drug crime.

(This article taken from www.levittandlevittlaw.com )

What Is Implied Consent?

Wed, 15 Sep 2021 15:06:31 GMT

Refusal to take a blood alcohol test and what that means

You could lose your license for at least a year

Penalties increase if you caused a crash while impaired

You may be eligible for a restricted license

What happens if you aren’t convicted of impaired driving?

(This article taken from www.levittandlevittlaw.com )

Possible Defenses To A DUI Charge

mbrock1963@aol.com (Mike Brock) — Wed, 08 Sep 2021 15:32:36 GMT

There are some defenses that may help fight a DUI charge in court

Improper traffic stops

Improper testing

Duress

Unavoidable

Do not give up

If you are facing DUI charges, you may be able to defend yourself from a conviction. Consult with an attorney right away about your charges’ circumstances and what you can do to beat them.

(This article was taken from www.levittandlevittlaw.com )

Police And Searching Your Car

mbrock1963@aol.com (Mike Brock) — Fri, 03 Sep 2021 15:30:10 GMT

Are police allowed to search my vehicle?

After an arrest or with a warrant

When police have probable cause

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

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/ )

Risk Of Driving On A Suspended License

mbrock1963@aol.com (Mike Brock) — Wed, 01 Sep 2021 17:25:16 GMT

Driving on a suspended license and its consequences in Tennessee

Reasons for Suspension or Revocation

Your license may be subject to mandatory revocation for certain convictions. For example, your license may be revoked if you are convicted of:

manslaughter, if it was the result of your driving
driving under the influence of an intoxicant
a felony, if a vehicle was used to commit it
failing to stop if you were involved in an accident that killed or injured someone
two convictions for reckless driving within 12 months
possessing five or more grams of meth while driving a vehicle, or
Vehicle theft. (Tenn. Code. § 55-50-501(a)(c).)

A license may also be revoked if you fail to pay a judgment for damages resulting from negligently driving a vehicle. (Tenn. Code. § 55-50-501(b).)

Your license may also be suspended if you:

have been convicted frequently enough of serious traffic offenses that the state believes you disrespect traffic laws and disregard the safety of others

are habitually reckless or negligent when you drive
are incompetent to drive
fail to appear in court for certain traffic violations
drop out of school if you are under 18. (Tenn. Code. § 55-50-502(a)(1).)

Reinstating Your License

Criminal Charges for Driving on a Suspended or Revoked License

You may be charged with a Class B or Class A misdemeanor if you drive while your license is suspended or revoked.

You may be charged with a Class B misdemeanor for a first offense. In general, the maximum penalty for a Class B misdemeanor is:

six months in jail, and
a $500 fine.

between two days and six months in jail, and
a maximum $1,000 fine.

For a second or subsequent offense within 10 years, you may be charged with a Class A misdemeanor. The maximum punishment for a Class A misdemeanor may involve:

up to 11 months, 29 days in jail, and
a maximum $2,500 fine.

between 45 days and 1 year in jail, and
a maximum $3,000 fine.

If you drive a vehicle without an ignition interlock device when you are required to have one, you may be charged with a Class B misdemeanor. Your sentence may involve:

between seven days and six months in jail, and
a fine up to $1,000.

In addition, a conviction for driving with a suspended or revoked license may come with an additional $15 fine.

Legal Help for Charges of Driving on a Suspended or Revoked License

(This article is taken from www.criminaldefenselawyer.com )

Filming The Police

mbrock1963@aol.com (Mike Brock) — Mon, 30 Aug 2021 18:47:46 GMT

Is Filming Or Recording The Police Legal?

Is Filming Or Recording The Police Legal?

What The Law Says

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.

If, however, the act of filming is legitimately interfering with law enforcement operations, the police can order the person or people filming to stop.

Tips For Legally Filming & Recording Police Encounters

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

(This article is taken from www.guinannlaw.com )

Drug Possession Charges

mbrock1963@aol.com (Mike Brock) — Fri, 27 Aug 2021 14:16:59 GMT

Some things you should know if faced with arrest for possession of drugs

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.

ASK FOR YOUR LAWYER, THEN REMAIN SILENT.

GIVE YOUR CRIMINAL DEFENSE ATTORNEY A DETAILED ACCOUNT OF WHAT HAPPENED

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.

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

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

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.

(The information in this blog post is taken from www.aerlawgroup.com )

The Legal Right To Protest

mbrock1963@aol.com (Mike Brock) — Wed, 25 Aug 2021 16:21:07 GMT

Where does the law draw the line between a peaceful protest and illegal activity?

Protest rights are protected under the First Amendment to the U.S. Constitution—under the umbrella of freedom of speech, assembly, and petitioning the government for redress of grievances. At the same time, there are limits to those rights. It's not always clear when you've crossed the line from passionate but lawful protesting to actions that can get you arrested, but knowing the basic guidelines should help you be prepared.

When a Protest Turns Violent or Dangerous

The most significant limit on your right to protest is in the language of the First Amendment, which prohibits government interference with the right to assemble "peaceably." The U.S. Supreme Court long ago recognized the government's right to stop demonstrations that present a "clear and present danger" of violence or another "immediate threat to public safety, peace, or order".

Without this kind of immediate threat, courts have generally held that police don't have the right to clear out a political demonstration just because they fear possible disorder or because protesters are "raucous," make the cops or other people mad, or slow traffic.

The upshot of these standards set out by the courts: Law enforcement may break up violent protests and arrest participants who engage in violence or property destruction. You shouldn't be arrested just because you were present at a demonstration where other people violated the law, unless you directly incited them to violence. Nor should officers arrest you simply for yelling or cursing at them. But if your words turn to actions that could be considered violent—even actions that aren't likely to cause real injury, like throwing water bottles at cops in full riot gear—you risk arrest.

However, it's important to point out that some states have enacted or are considering laws that change these standards and can subject protesters to arrest even if they weren't violent or didn't damage any property.

Violating Orders to Disperse

Once police decide that a protest is violent or presents an immediate threat, they may declare that it's an unlawful assembly, issue an order to disperse, and arrest anyone who doesn't leave right away. But under many court decisions (as well as local laws), officers must first give clear warning that people can hear, provide an unobstructed exit route, and allow enough time to leave. Without that kind of notice and opportunity to obey, criminal charges for unlawful assembly or disobeying an order to disperse might not stand.

The same might be true if you're arrested during a controversial police tactic known as "kettling," which involves corralling protesters—along with journalists and anyone who happens to be in the area—not allowing anyone to leave, and then arresting everyone inside the cordon.

Violating Curfew or Other Emergency Orders

You can be arrested for violating a curfew issued during ongoing protests. Courts generally allow curfews when an executive has declared an emergency, and the circumstances show the restrictions on protest rights are necessary to maintain order because of an immediate threat to life or property.

It's not as clear whether courts would find that protesters' rights are violated by the enforcement of some other types of emergency orders, such as no-protest or "free speech zones" (which ban protests in certain public spaces where people have traditionally exercised free-speech rights) or "keep moving" orders applied to peaceful protesters.

Blocking Traffic

Generally, authorities may require advance permits for demonstrations that will block traffic on city streets or even sidewalks. However, there are usually exceptions for spontaneous protests in response to recent events. Generally, police shouldn't break up protests that are simply slowing traffic or inconveniencing drivers and pedestrians—but that might not be the case in states that have passed laws making it a crime to block traffic during a protest.

Absent a permit or exceptions, you could face arrest for obstructing traffic, disorderly conduct, or similar "catch-all" crimes that cover a wide range of conduct. Police typically arrest protesters who take over freeways and bridges.

Taking Videos or Pictures of the Police

As part of your First Amendment rights, you're generally entitled to take videos and photos of the police when they're performing their duties in public. You shouldn't have to stop recording, show officers what's on your device, or turn over your phone just because they don't like what you're doing.

However, you could be arrested if you're obstructing or otherwise interfering with an officer's ability to carry out law enforcement duties—so you should record from enough of a distance that you can't be accused of getting in the way. You should also be open about what you're doing, to avoid being charged under some state laws against wiretapping, electronic surveillance, or eavesdropping.

Trespassing and "Buffer Zones"

You may be arrested for trespassing if you're protesting on some types of government property (including military installations, prisons, and courthouses) or on private property without the owner's permission. But you generally are allowed to protest on some types of private property that have been opened to public use, including parks known as "privately owned public spaces."

When you're protesting in front of city hall, police stations, or other government buildings, you could face arrest if you're blocking access to those buildings.

You might also be arrested for protesting within a "buffer zone" meant to keep protesters a certain distance away from sensitive locations like healthcare facilities that provide abortions. The U.S. Supreme Court has allowed some buffer zone restrictions and struck others down.

Toppling or Spray Painting Statues

Activists have long called for the removal of Confederate statues, flags, and other monuments honoring America's past. But if, like many protesters around the world in 2020, you decide to take matters into your own hands—by toppling or spray painting monuments—you risk criminal charges for vandalism or worse. Penalties depend on the law in your state and the extent of the damage.

If You're Arrested at a Protest

Staying on the right side of the law at a protest doesn't guarantee that you won't get arrested. In fact, it's not uncommon for law enforcement to make mass arrests at large protests, even when they know criminal charges won't hold up. But whether you've actually committed a crime or not, you continue to have important constitutional rights, including the right to have a lawyer present when you're being questioned. Many civil rights advocates suggest that you have a lawyer's phone number with you when you go to a protest (maybe even written on your arm), so you have someone to call when you're allowed a phone call after an arrest.

Difference In Assault and Battery

mbrock1963@aol.com (Mike Brock) — Mon, 23 Aug 2021 15:41:01 GMT

Was it assault or was it battery and why it matters

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

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

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

The Unexpected Consequences Of A DUI

mbrock1963@aol.com (Mike Brock) — Fri, 20 Aug 2021 14:49:49 GMT

Drinking and driving can cost more than just your license

1. Ignition Interlock Devices

2. DUI Classes

3. Long-Term Repercussions

4. Professional License Forfeiture

5. Increased Insurance Rates

6. Job Loss

Can Anything Be Done To Reduce Prison Time?

mbrock1963@aol.com (Mike Brock) — Mon, 16 Aug 2021 13:34:08 GMT

10 Ways To Reduce A Federal Prison Sentence

Fast Track: This is a downward departure that is commonly included in many plea agreements. The departure is based on the idea that, by pleading guilty in an expeditious manner, you are relieving the government of the need to litigate the case. This saves the government time and resources, which is important in a border district with one of the highest caseloads in the country.

Criminal History: Downward departures based on the over-representation of your criminal history may be appropriate when you have older prior convictions or your prior convictions are not as serious as your criminal history category would suggest. This kind of downward departure could allow you to be sentenced based on a lower criminal history category than the one within which you technically fall.

Aberrant Behavior: This downward departure is appropriate if you have committed only a single criminal act of limited duration that was committed without significant planning and “represents a marked deviation by the defendant from an otherwise law-abiding life.” Of course, to be eligible for this departure you must fall within the lowest criminal history category. This departure is also not available for certain types of offenses, including serious drug offenses and offenses involving serious injury, death, or the use of a firearm.

Substantial Assistance to the Government: This type of departure can occur either before or after sentencing if you provide the government with information or some other service that substantially assists the government in an investigation (just remember, it’s usually not a good idea to get involved in something like this without the assistance of an attorney). This departure generally requires a motion from the government stating that such assistance has occurred.

Diminished Capacity: A downward departure may be appropriate if you committed an offense while suffering from a significantly reduced mental capacity and this reduced mental capacity substantially contributed to the commission of the offense. However, you cannot argue for a diminished capacity departure when the reason for your reduced mental capacity was your voluntary use of drugs or alcohol.

Coercion and Duress: If you committed an offense because of serious coercion or duress, you may have a legitimate defense at trial. This is a very difficult defense to assert, however, because it is often difficult to prove — you must show that you had a reasonable fear that immediate, serious bodily harm or death would occur if you did not commit the offense. If the circumstances of your coercion or duress do not amount to a complete defense, they may still be enough for a downward departure.

General Mitigation: A federal court can depart downward from the applicable guideline range for any mitigating circumstance that has not been adequately taken into consideration by the sentencing guidelines. These circumstances can include virtually any reason why the crime was not as serious as the guideline range reflects or why the history or characteristics of the defendant were such that a sentence below the guideline range is appropriate. The only cases in which a downward departure for general mitigation is not available are child crimes and sexual offenses.

500 Hour Residential Drug Treatment Program: If eligible, your prison sentence can be reduced by up to 12 months by completing the 500-hour Residential Drug Abuse Treatment Program (RDAP). The actual reduction depends on how much time you have left on your sentence by the time the program is completed (there’s always a waiting list for entry into the program). The average reduction is about 8 months. It is best to get the sentencing judge to recommend you for this program at the time of sentencing. There are some strict eligibility requirements to get a sentence reduction as a result of completing the program: (1) you must not have a conviction for a violent offense (any offense that involved the actual, attempted, or threatened use of physical force or a serious potential risk of physical force), a firearms or explosive device offense, or an offense involving homicide, forcible rape, robbery, aggravated assault, arson, kidnapping, or sexual abuse of a minor; (2) you must have a verifiable substance abuse problem and desire treatment; (3) you must be a citizen of the United States; (4) you must have at least 24 months remaining on your prison sentence; and (5) you must not have already received a RDAP sentence reduction in the past.

Good Conduct Time Credit: Most inmates can receive this credit for exemplary compliance with institutional disciplinary regulations, although convictions for certain offenses can prohibit an inmate from receiving this credit. The reduction in time can be as much as 54 days per year served.

Transfer to Residential Re-entry Centers (Halfway Houses): The BOP often transfers inmates to residential re-entry centers, and sometimes even home detention, near the end of their prison sentences. This is done to assist in their reintegration into society. An inmate can spend up to 12 months of their sentence in a residential re-entry center, but the average is about 4 months.

What To Know About Gun Possession And Having A Felony

mbrock1963@aol.com (Mike Brock) — Fri, 13 Aug 2021 14:14:54 GMT

Can You Legally Be In Possession Of A Firearm If Convicted Of A Felony?

Unfortunately, innocent-seeming circumstances involving weapons can lead to serious weapons charges that can have life-altering consequences.

Suspended License? Here's What to Know

Wed, 11 Aug 2021 16:08:12 GMT

Yes, it’s illegal to drive on a suspended license.

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.

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

To have your license reinstated, you must:

o Apply

o Pay new license fee

o Provide proof of financial responsibility

o Pay reinstatement fees

Legal Questions During a Pandemic

Sun, 20 Sep 2020 13:56:15 GMT

What are your rights during a pandemic?

Have you wondered about the legalities of quarantine and shelter-in-place orders?

COVID-19 has led to rapid and transformative changes in day-to-day life. Significant developments include quarantine and isolation orders that require all of us to do our part to stop the spread of the virus by remaining home as much as possible.

Here’s what to know about the legal side of the orders to stay home.

What is the difference between quarantine and isolation?

Isolation is used to separate individuals who are sick from those who are not, and is a standard pandemic response.

Quarantine, on the other hand, is intended to prevent the spread of sickness by distancing those who may not be actively sick but could be carriers or at risk of infection. Both are legal to enact on the state level, though experts disagree about whether the same can be said of federal authorities.

Are stay-at-home orders legal?

Stay-at-home orders, which have been enacted in most states, urge citizens to “shelter in place” so as not to potentially expose themselves or others to COVID-19. Most jurisdictions do have the legal authority to enact such orders, and by doing so the orders become laws of the city or state.

What happens if you disobey a quarantine order?

Just as jurisdictions have the right to enact stay-at-home orders, they also have the right to enforce them — within constitutional limits, of course. Mandatory social distancing orders have been deemed constitutional, with fines and imprisonment both being used to ensure citizens comply.

What to Know About Your Right to Protest

Wed, 16 Sep 2020 16:25:22 GMT

It's As American As Apple Pie

When it comes to protesting, what rights do we have?

The First Amendment and state constitutions protect the rights of protestors in public spaces. That being said, certain restrictions may exist. Here are a few things to keep in mind.

What Protestors Can and Cannot Do

Generally speaking, protestors can speak, march and gather in ordinary ways on public sidewalks and streets. They can also distribute flyers, chant, sing and picket. A protestor can take photos and videos.

Protesters should review the literature they distribute. Flyers should not be obscene, defamatory or likely to incite immediate violence.

Getting a Permit

A rally organizer should apply for a permit at least a few days before the protest. If the city denies the permit, it must explain why. The city may charge for the costs of a demonstration, including traffic control and processing permits. An organizer may be able to challenge a burdensome fee.

When a Protest Escalates

Protestors are required to follow the lawful instructions of a police officer or public official. These may include staying behind barricades, dispersing from areas declared an unlawful assembly and not resisting arrest.

How to Handle Arrest

A protestor should remember the name, badge number and patrol car number of the officer who arrested them. The protestor may file a formal complaint.

Finally, under the current conditions, try to keep safe social distancing practices in mind and keep up with the latest state guidelines regarding group gatherings.

What to know about restraining orders

mbrock1963@aol.com (Mike Brock) — Sat, 12 Sep 2020 14:23:04 GMT

The Power of a Restraining Order

You’ve probably seen examples of restraining orders (and the stressful circumstances surrounding them) on some of your favorite TV shows, but how much is fact and how much is fiction?

Whether you need a restraining order or you’re just curious about how they work, here’s what to know about why, how and when to get one in real life.

The Basics

Next, the court will set a hearing. At the hearing, the court will grant or deny the request for an order.

Penalties for Violation

Using a Restraining Order Effectively

The court wants a petitioner to get to the point by presenting concrete evidence of the harasser’s actual or threatened abuse.

When to Get Help

What to Know About Miranda Rights

mbrock1963@aol.com (Mike Brock) — Sat, 08 Aug 2020 15:53:51 GMT

Are you familiar with your Miranda rights?

While many people have a general idea of what a Miranda warning entails thanks to shows like "Law & Order," there’s more to this important procedural rule than you might think.

It’s always a good idea to be informed when it comes to your legal rights. With that in mind, here are the basics of Miranda rights to be aware of.

What are your Miranda rights?

Miranda rights consist of four distinct statements:

1. You have the right to remain silent.

2. Anything you say can and will be used against you in a court of law.

3. You have the right to an attorney.

4. If you cannot afford an attorney, one will be appointed for you.

These rights are at the heart of the American legal system and are rooted in the Fifth Amendment protection against self-incrimination. If the warning is not provided, anything you say during an interrogation likely can’t be used in trial.

When does a police officer have a duty to read your Miranda rights?

Two distinct factors precede the reading of Miranda rights: A subject must be in custody and they must be under interrogation. Notable here is that custody does not necessarily mean arrest. If you feel a police officer is blocking your free movement and questioning you, you are owed a Miranda warning.

Are there exceptions?

There are a few scenarios where Miranda rights do not apply, including if the questions being asked are related to basic booking procedures and if the police are engaging with someone under an active hostage situation. Likewise, something like a standard traffic stop does not constitute being in custody, even if you don’t feel free to drive away.

How has the court system been affected by the Covid virus?

mbrock1963@aol.com (Mike Brock) — Sun, 31 May 2020 23:08:30 GMT

The Effect of COVID-19 on Court Cases

The right to a fair and fast legal trial doesn’t disappear with a pandemic.

COVID-19 has led to many disruptions in all areas of life, including the legal system, and it’s important to understand how cases are proceeding — especially in terms of maintaining your basic rights.

Here’s what to know about new approaches, which cases are being prioritized and more.

How are courts adapting to COVID-19?

Just like the rest of the country, courts in the U.S. are limiting day-to-day operations and proceeding virtually as much as possible. Common steps being taken include the general suspension of in-person proceedings, extensions of filing and fee deadlines, and restricted access to courthouses.

What types of cases are proceeding?

To limit the flow of cases in the system, most courts are restricting procedures solely to critical cases, such as those that are essential to public health or the current state of emergency or those cases where postponement would violate a defendant’s constitutional rights. Generally, cases not deemed critical are being postponed for the time being.

Are jury trials still taking place?

In an effort to mitigate the spread of the new coronavirus, most courts throughout the U.S. have postponed or restricted jury trials.

How is technology being used to promote fair proceedings?

Technology is playing a significant role in allowing court cases to proceed, with many states and cities relying on teleconferencing and videoconferencing tools to move cases forward with hearings.

What to Do if You're Wrongfully Accused

mbrock1963@aol.com (Mike Brock) — Fri, 24 Apr 2020 18:43:49 GMT

It can be shocking to be accused of committing a crime you had nothing to do with.

If this happens to you or someone you love, it’s only natural to feel scared and confused. After all, a person who has been wrongfully accused may face a criminal lawsuit, a civil lawsuit or both.

In response, the defendant needs to prove there is reasonable doubt they did not commit the offense. Here’s what to do.

While Awaiting Trial

It’s important to abide by the court’s orders before trial. When possible, the defendant should avoid the places and people mentioned in the lawsuit and refrain from discussing the lawsuit with the media or on social media.

Work On a Defense

Consider establishing an alibi or a defense. Both strategies require gathering evidence. Locate potential witnesses and collect facts and physical evidence, like relevant documents, that support your story.

Stay Healthy and Calm

A defendant should consider seeing a counselor to deal with stress until the case is resolved. Exercise regularly and eat well. The court may order the defendant not to use drugs or alcohol. Overall, it’s critical to avoid being arrested on a new charge.

The Process Takes Time

Disproving a wrongful accusation can take weeks or months. The process usually ends when the case is resolved. This can occur by way of a plea, acquittal or settlement. In rare situations, the prosecutor may drop the case. If a defendant chooses to enter a guilty plea, they may do so without admitting guilt.

Avoid Perjury

In a criminal case, a defendant should seek to introduce proof of reasonable doubt — but without taking the stand. This helps the defendant avoid a potential perjury charge. It can be tempting to testify, but a prosecutor may attempt to use the opportunity to catch the defendant in a lie.

Video - Thugs in San Fran Loot Cosmetics Store After "No Arrest" Policy

mbrock1963@aol.com (Mike Brock) — Sat, 07 Mar 2020 16:19:43 GMT

Don't let this happen in TN

Democrats in San Francisco have made theft under $950 a misdemeanor & cops won't even arrest you for the crime.

Not surprisingly, this has had very predictable results.

It turns out if you tell people they won't get arrested for stealing, it's like a free pass to go shopping.

https://ktrh.iheart.com/featured/michael-berry/content/2020-03-03-video-thugs-in-san-fran-loot-cosme...

Can the police search your smartphone?

mbrock1963@aol.com (Mike Brock) — Mon, 24 Feb 2020 13:43:58 GMT

So what should you do if a police officer asks to search your phone? Here’s what to know.

Think of all the sensitive personal information you have on your phone. From family photos to bank logins and passwords, this small device holds the key to your entire life.

On that note, it’s normal to feel hesitant about handing your phone over to anyone who asks.

So what should you do if a police officer asks to search your phone? Here’s what to know.

When is a search allowed?

Most of the time, police need a search warrant to search someone’s phone. However, a warrantless search is allowed when the phone is on and clearly displaying illegal content or if the owner or another party with access to the phone gives consent. Border agents can also search your phone when you are crossing the border.

What are your rights?

A person’s right to keep information on their cell phone private is guaranteed by the Fourth Amendment of the U.S. Constitution. Specifically, it guarantees a person the right to be free from unreasonable searches and seizures. In 2014, the Supreme Court ruled that police cannot conduct a warrantless search of a phone of a person who has been arrested.

What about students?

Students have a more narrowly defined right to privacy. This is especially true for a K–12 student on a school campus. State laws differ as to how much privacy schools grant students.

What about social media accounts?

State privacy laws can extend the rights of phone owners. Certain states, like California, have laws that also protect social media accounts on phones. However, police can still request that social media companies provide them with content a user shared on the platform.

Can police actions be limited?

When police attempt to retrieve information without a specific goal in mind, this is referred to as “going on a fishing expedition.” A phone owner may be able to limit a police search with the help of a defense attorney.

News on Bail Reform From a Recipient

Mon, 17 Feb 2020 10:45:53 GMT

Don't Listen To Us. Take It From A Person Who Knows

Here you go. More testimony for bail reform from a recipient of the new laws.

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

Bail Reform Across the US

Thu, 13 Feb 2020 20:16:30 GMT

Exposing the Dangers of the "Movement" Towards Taxpayer Funded Unaccountable Pretrial Release

Bail Reform is bringing sweeping changes to our Criminal Justice System...but at what cost? Who will really pay in the end?

Proponents of bail reform are full of half truths and constructed narratives...all designed to destroy criminal accountability in favor of the destabilization of pretrial release programs that have been successful for generations. Learn the truth and what bail reform really looks like here...

https://www.usbailreform.com/

Another Bail Reform Failure

Sun, 26 Jan 2020 23:14:37 GMT

Gang Member Released From Prison, Sent Back Same Day For Committing Same Crime

A man who claims to be a member of the dangerous MS-13 gang was released from prison thanks to New York’s bail reform law, only to be arrested the same day for committing the same crime that landed him in jail in the first place.

Bail Reform Efforts Are Failing All Across The Nation

Thu, 23 Jan 2020 12:30:46 GMT

States are looking for ways to roll back and rethink these ineffective and underwhelming bail reform policies.

As the bail reform movement moves past its crescendo, this gives us an opportunity to assess how things are going. Initially, the people advocating change claimed that the current bail system in the United States was unconstitutional. Therefore, they argued that changes had to be made because the courts were going to get rid of it. In the intervening period, the only two reported cases to date from the United States Court of Appeals for the Fifth Circuit and the Eleventh Circuit have ruled just the opposite. They have concluded that monetary bail is constitutional. As a result, the arguments supporting change have now shifted to arguments that “this is the right thing to do.” However, they are not arguing that it is the right thing to do for tax payers, the States or the Criminal Justice System, which should always be primary considerations.

In short, Bail Reform efforts are yielding unwelcome results in several states. Please contact your state representatives and urge them to vote against any effort to eliminate the cash bail system which has been ensuring that defendants return to court at NO COST TO THE TAXPAYER for over 100 years.

Read more here:
https://lexingtonnational.com/wp-content/uploads/Resources/BailReform/FailedBailReformReview.pdf

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

The First Step Act promised widespread reform. What has the criminal justice overhaul achieved so far?

Thu, 16 Jan 2020 20:44:20 GMT

The law's effects are real almost a year later, experts say. But some are concerned whether the bipartisan alliance that produced it can hold together.

In 2004, when Tanesha Bannister was 29, a judge sentenced her to life in prison for selling crack, convincing the single mother of two she'd never be free again.

Two decades earlier, the country had responded to the crack cocaine epidemic with laws that hoped to stem both violence and social decay caused by low-cost crack cocaine. Over time, the 1986 law mandating a 100-to-1 crack versus powder cocaine sentencing ratio marooned millions of Americans, mostly black men, in America’s prison system.

But as her time in prison stretched on, Bannister, who is black, began to question the legitimacy of her punishment for a non-violent crime. She petitioned the administrations of President Barack Obama and President Donald Trump for a reprieve to no avail.

Then, in May, she became one of the more than 4,500 people released or who have seen their prison terms shortened since December 2018, when Trump signed into law one of the most significant changes to the federal criminal justice system in the 21st century.

"Basically after being let down for so many times ... it was just like life was breathed all over again," Bannister, now 45, said.

Nearly a year after the First Step Act's passage, NBC News spoke to over a dozen people, including former and current elected officials, liberal and conservative advocates, and formerly incarcerated individuals, among others, who championed the reforms. They all agreed that the law's effects are tangible, and many believe the bipartisan coalition that produced it appears durable.

New NY law frees hate crime suspects without bail

mbrock1963@aol.com (Mike Brock) — Thu, 02 Jan 2020 17:20:16 GMT

New York bail reform legislation goes into effect on January 1; New York State Assembolywoman Nicole Malliotakis pushes back.

Read more here:

https://news.yahoo.com/ny-law-frees-hate-crime-140357178.html?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZmFjZWJvb2suY29tLw&guce_referrer_sig=AQAAAA_Cy3L_L8X1n8Da7zn_V--1sSMM7xNIpGG8PyrhsjuYj3vJC-iPHAyV9UZ0sNnDwkQdJ9OAxbx646iHM6Aw8D9AEiFkfq_l-mf5KYe5WxxRGNlKJmSiykaxY9c430DuL41F7GWJLKCPKbAzAK-0xkJrBCQxDZTBsTdMmtcGiVh2

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 it safe and legal to travel with CBD? Not always. Here’s what can trip you up

mbrock1963@aol.com (Mike Brock) — Fri, 20 Dec 2019 14:11:27 GMT

The laws are confusing when it comes to crossing state lines with various hemp-derived products. Here's what to know.

I wish I could tell you it’s absolutely fine to take CBD with you on planes or as you travel to another state, but I can’t. It doesn’t matter whether it’s for you or, as one reader asked, for your pooch. It’s still dogged by a confusing spiderweb of regulations, misinformation and misunderstandings. That’s the bad news. The good news: If you are a bit of a gambler, you’ll probably be fine taking your tincture with you. Your call.

read more here:
https://www.latimes.com/travel/story/2019-10-25/can-you-carry-cbd-plane-across-state-lines?fbclid=IwAR0syCfwi5VHyUtaQ36YncgzL5ljZMSBDguRMKdsHr_XjO-R-a8oxhP-4PU

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

Here's What to Know About Probable Cause

Sun, 08 Dec 2019 14:26:06 GMT

Find out when a law enforcement officer can legally search or arrest someone.

Imagine this: There’s been a burglary at a jewelry store, and a witness describes the suspect to a law enforcement officer.

“She had brown hair and a tattoo on her arm,” says the witness. While walking around the area near the store, the officer spots at least three women who fit that description.

To make a legal arrest, more information is needed. But what kind of information?

That’s where probable cause comes into play. Probable cause may be established when there are credible facts that show someone is likely responsible for a crime.

Understanding the Basics

Probable cause usually comes up in cases where an officer engages in an arrest, search or seizure without a warrant. The officer establishes probable cause by testifying they had a logical belief that a crime had been committed, was being committed or would have been committed.

Examples of Probable Cause

One example: In a robbery case, information from an informant that a suspect would be arriving on a particular train, wearing specific clothes and carrying a certain bag is not enough to establish probable cause. A judge needs to know whether the informant was reliable and what the informant’s basis is for such knowledge.

No Clear Standard

Many types of evidence can establish probable cause, and a judge will determine whether probable cause was established on a case-by-case basis. Note that an officer can detain a person for a short period without probable cause, such as when stopping a pedestrian or vehicle.

Understanding what circumstances constitute probable cause can be tricky. Reach out today if you have questions about this or any other legal matter.

Here's what to know about your rights in everyday situations.

Fri, 22 Nov 2019 20:10:27 GMT

Knowing Your Rights is Important. Here’s a Refresher.

We break down your rights at a protest, at a hospital, at airport security and when you get pulled over.

By Gretchen Brown

Knowing your rights isn’t as simple as carrying around a pocket constitution.

Ever actually read it? The Bill of Rights was meant to protect our country against a future oppressive government , but it’s written very broadly.

To understand exactly how it applies to your daily life, you have to look at how our court system has interpreted the constitution . And that’s going to depend on the situation.

To help, Rewire put together some handy guides for situations when you might need a little First Amendment (or Fourth Amendment, or Fifth Amendment) refresher.

https://www.rewire.org/our-future/rights-refresher/?fbclid=IwAR27RazA__8QucP69AaxjDilWZDmOU_ow08M4yKENXyFjCWke06MrWda6Mo

Expunging and Sealing Criminal Records

Thu, 21 Nov 2019 12:19:05 GMT

Can a criminal record be erased?

A criminal record can follow you for life. That’s why it’s important to know about the possibilities of record sealing and expungement.

Though the processes vary from place to place, most states allow some criminal records to be expunged or sealed to prevent public access. In some cases, records can even be erased.

Record Sealing

Typically, criminal records are public knowledge, so anyone can see the details of the case. After a record is sealed, no one is able to access it without a signed court order.

An adult criminal record can only be sealed in certain instances. These include if the perpetrator:

Was found not guilty or received a dismissal after arrest
Only has a single conviction that was relatively minor
Was convicted for a crime not involving children or the elderly
Was convicted for a non-drug- or sex-related crime
Waited several years after the arrest or conviction

Keep in mind that a sealed record does not mean that the criminal record ceases to exist (as if the crime never happened). The record still exists both legally and physically.

Expungement

Expungement, on the other hand, is the legal process whereby a person has their criminal record completely removed from public record. This means that not only is the record not accessible to the public, but it is also essentially “deleted” from a person’s record.

Expunging a criminal record follows a similar process to record sealing. Many states only allow expungements for misdemeanor convictions; few to no felony convictions are expunged. Other states only allow for expungements of dismissals.

Again, to apply for an expungement, an individual must not have an extended criminal history. Further, any court-ordered programs should have been completed and several years must have passed.

Avoid These Alcohol-Related Offenses

Tue, 12 Nov 2019 13:09:44 GMT

Alcohol is often a factor in many other types of non-DUI crimes, including assault, trespassing, property damage and robbery.

Unfortunately, alcohol-related incidents tend to be more common during popular times of celebration, including throughout the holiday season and during big sporting events.

And it’s important to remember that not all alcohol-related offenses involve drinking and driving.

Want to help your friends and family members stay safe and free of trouble in the coming months and beyond?

Here are a few common violations to be aware of.

Open Containers

Open container laws address holding an open container of alcohol in a public space or drinking from or having an open container in a vehicle. This violation usually results in a ticket and a fine, but in some cases the punishment may be more severe.

Public Intoxication

If someone is visibly drunk or under the influence of drugs and their public behavior is threatening or disturbing others, they could be charged with public intoxication. This is usually a misdemeanor, but laws can vary quite a bit from one jurisdiction to another.

Buying for or Serving a Minor

A few specific exceptions exist, but in general it is illegal to supply alcohol to people under the age of 21. Serving minors, buying alcohol for them, or even allowing them access to alcohol can lead to misdemeanor or even felony charges, depending on the circumstances.

Refusing a Breathalyzer

Refusing a breathalyzer test during a traffic stop can have serious consequences, including license suspension and jail time. Again, these laws vary from state to state, so reach out if you have questions.

Other Crimes

Alcohol is often a factor in many other types of non-DUI crimes, including assault, trespassing, property damage and robbery.

If you or a loved one need 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

Can you get in trouble if you have a Bail Jumper in your house?

Thu, 24 Oct 2019 20:31:04 GMT

What to Know About Aiding and Abetting

What would you do if a friend or family member committed a crime and then called you immediately afterward?

Hopefully you never find yourself facing this situation, but just in case, it’s important to understand the details of the law.

Here’s what you need to know about aiding and abetting and how to stay clear of trouble:

Aiding and abetting is known as an “inchoate,” or incomplete, crime. It involves taking a step toward committing a crime.

What does it mean to be involved “before the fact” and “after the fact”?

Helping someone “before the fact” involves assisting with a crime before it’s committed. If the crime is a robbery, that could mean creating a plan or even crafting an alibi for the robber.

Helping someone “after the fact” involves ensuring the perpetrator succeeds after the crime is committed. That could mean hiding evidence or helping them escape.

What penalty could you face?

States differ as to how an accomplice is charged. Many states do not separate helping a criminal and committing the crime yourself. An accomplice can be charged with anything from a serious felony like attempted murder to a misdemeanor like petty theft.

Penalties can include a prison sentence, probation, fines, community service and monetary compensation.

What does the state have to prove?

Typically, the state must prove you knew of a perpetrator’s plan to commit a crime and you intended to assist. They must also try to prove what you did to help the perpetrator. If you’re charged as an accomplice, you should seek representation from a different attorney than the perpetrator.

How does the Bail Bond system work?

Sat, 19 Oct 2019 12:35:41 GMT

Need a Bail Bondsman in the Chattanooga Tennessee area?

Paying bail to get out of jail may seem like a simple concept. The idea is that if someone gets arrested, someone else can pay money and the jailed person goes free. And while that is the essential idea behind bail, there is more that goes into the process.

Often, people who have not gone through the criminal justice system are confronted with a bail situation but are not sure what to do. If you are arrested and have to pay $100,000 in bail, does that mean you will have to stay in jail if you cannot afford to pay the entire amount? Can someone else pay? Can you hire a bondsman to pay for you? How do you go about doing that

Understanding how bail works, how courts determine bail amounts, what kinds of payment methods you can use, and other similar issues is important for anyone who is faced with arrest, or the arrest of a family member or loved one.

Bail is a term that describes the release of a criminal defendant or arrestee after an arrest prior to the end of the criminal case. Bail can – but does not always – involve the defendant (or someone on the defendant’s behalf) paying money to a court. The money ensures that the defendant returns to court for the remainder of the criminal justice process. Therefore, bail is not a punishment given prior to a person being found guilty of any crime, but a way to ensure that criminal defendants return to court without the necessity of keeping them in custody the entire time.

Bail can play an important role in the criminal justice process, as it serves to both limit the amount of jail space needed, and ensure that people who are free while their cases are ongoing will return to court. People can be released on bail at almost any stage in the criminal justice process, such as immediately after an arrest, or even after a court has issued a sentence.

In general, any time someone is arrested there will be three possible outcomes: the arrestee is released, the arrestee is charged and released on bail, or the arrestee is charged and remains in custody until the case comes to an end. Bail is one way people can be released from jail prior to a court determining guilt.

Driving while stoned?

Sat, 12 Oct 2019 13:08:34 GMT

Marijuana breathalyzers expected to hit the street in 2020

Drivers suspected of being high on pot may soon face the same type of roadside breath test cops use to catch drunken drivers, as several firms prepare new devices for the street.

Hound Labs of Oakland expects to have a marijuana breathalyzer ready by the second half of 2020, according to Mike Lynn, a medical doctor and co-founder of Hound Labs. Another firm, SannTek of Canada, also is racing to have a product ready in that timeline.

Both developers also see uses for the devices on job sites to ensure workplace safety.

read full article here
https://www.sacbee.com/news/california/california-weed/article234714067.html?fbclid=IwAR0Tsdox_6qULZ60cbxNUbNoPi2G54WjGI_NTY9-8pxsqAP0aOznqwXDMK4

If you or a loved one need 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

Bail Bond industry under attack from the left

Mon, 30 Sep 2019 11:54:24 GMT

The social justice warriors are at it again

Google and Facebook, the world's most dominant online-advertising companies, will no longer take money from America's for-profit bail bond agencies, siding with a growing national movement to eliminate cash bail from the criminal justice system .

read entire article here: https://www.nbcnews.com/news/us-news/google-facebook-say-they-re-banning-profit-bail-bond-ads-n872386