First Offense DUI 

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

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 )

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 )

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.

(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

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 )

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

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.

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 )

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 )

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

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 )

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