Criminal Defense Law
Can the Police Use the Data in Your Fitness Tracker as Evidence in a Crime?
Wearable fitness tracking devices such as smart watches and devices that clip to the wearer’s clothing has become one of the hottest fitness trends. People believe that these devices can help promote a healthy lifestyle, and they are willing to give up their privacy in exchange for the ability to keep track of their steps,…
Read MoreCriminal Justice Reform in Tennessee: New Laws Mean Changes for Violation of Parole Penalties
In July 2016, the Public Safety Act of 2016 went into effect as a part of the state’s effort to reduce crime and improve public safety. One of the major changes brought about by the new law is in the way violations of parole will be addressed. Of the 12,588 people who entered the state…
Read MoreCriminal Citation in Lieu of Arrest in Tennessee—Yes it is a Big Deal
If you have been accused of a misdemeanor criminal offense in Tennessee, the law enforcement officer has the latitude to issue you a citation in lieu of arrest, rather than hauling you off to jail. Do not make the mistake of thinking that it is not a big deal because you did not get arrested.…
Read MoreJudicial Diversions and Criminal Record Expungement in Tennessee
You made a mistake and you have learned your lesson. The thought of going to jail and having a criminal record is going to ruin all of the dreams and plans that you have for your life. You know that you made an error in judgement, and now you wish there was a way that…
Read MoreCan I Be Arrested for a DUI after Passing the Field Sobriety Test?
You are driving along I-65 late on a Friday evening. You might have had a beer or two while you watched the game, but you are by no means drunk, or so you believe. The next thing you know, you see those flashing blue lights and hear the chirp of a police cruiser pulling you…
Read MoreWhat is the Process for Getting a Restricted License after a DUI in Tennessee?
If you have been convicted of DUI in Tennessee, one of the penalties is that you can lose your driving privileges for one year. That means that you would be unable to drive your car to get back and forth to work, to school if you are a college student, to the doctor’s office and…
Read MoreWhat are the Consequences of a Domestic Violence Conviction in Tennessee?
Domestic violence is a serious issue in Tennessee with significant consequences. According to the National Coalition Against Domestic Violence (NCADV), 43 Tennesseans were murdered by intimate partners in 2014. Firearms were involved in 75 percent of these homicides. Tennessee law enforcement received 74,023 reports of domestic violence crimes, but many also went unreported. There were…
Read MoreWhen is it OK for a Police Officer to Search Me?
Most people understand that the 4th Amendment to the U.S. Constitution protects us from having to submit to unreasonable search and seizure, but there is considerable confusion about the details. A police officer can stop you and ask you questions, but he or she is not permitted to search you unless they have probable cause…
Read MoreBalancing Privacy and Protection: Tennessee Law Enforcement’s Use of Body Cameras and Dash Cams
In October of 2014, 17-year-old Laquan McDonald was shot 16 times and killed by a police officer in Chicago. The whole event was captured on the dashboard camera of another police patrol car on the scene. The dash cam footage was not released until November 2015, which is 13 months after the incident. The footage…
Read MoreObtaining Police Personnel Files to Support Your Criminal Defense Case
If you have been arrested and charged with a crime, and you observed some form of misconduct on the part of the arresting officer – whether it was the use of excessive force, a violation of your civil rights, or you suspect that they might have planted or tampered with evidence – you may wonder…
Read MoreChanges to Tennessee’s Vehicular Homicide Sentencing in 2015
Tennessee changed its sentencing law on vehicular homicide back in 2015. Vehicular homicide is the “reckless killing of another by the operation of an automobile, airplane, motorboat or other motor vehicle, as the proximate result of: Conduct creating a substantial risk of death or serious bodily injury to a person; The driver’s intoxication, which includes…
Read MoreRobbery and Theft Abound In Tennessee
A man was attacked and robbed recently outside of the Donelson-Hermitage YMCA after setting up a meeting with Ronald Payne, 22, and Tyler Austin, 18. The victim got to a phone after the duo punched him in the face and took his cell phone, keys, and wallet, and reported the incident to police. Officers responded…
Read MoreSmuggling Drugs into Jail is a Felony
Eight suspects are facing indictments for smuggling drugs into Wilson County jail before they were scheduled to be incarcerated. According to the Wilson County Sheriff’s Office, the suspects knew they were going to serve time, and attempted to smuggle prescription drugs, marijuana and cocaine into the facility. Department spokeswoman Sharon Curstis-Flair said, “In some cases,…
Read MoreWhat are the Real Life Consequences of a Misdemeanor Conviction?
Misdemeanors are commonly considered to be relatively petty crimes with the maximum jail time of 11 months and 29 days and fines of up to $2,500 in Tennessee. Depending on the circumstances, an individual who is arrested for a misdemeanor may not end up serving any jail time at all, but the other consequences of…
Read MoreA Whipped Cream High Can Get You a DUI in Tennessee
According to Franklin police, Anna Thomas, age 28 was charged with DUI after crashing her SUV into a mailbox on Battle Avenue. Ms. Thomas had allegedly inhaled the nitrous oxide from 13 cans of whipped cream to get high and then got behind the wheel at 9:00am on Wednesday, June 3rd. Ms. Thomas had allegedly…
Read MoreAvoiding the Pitfalls of Drug Charges at Bonnaroo
Bonnaroo 2015 is quickly approaching. The music lineup just gets better and better with each passing year, and the crowd that attends grows along with it. One thing that does not change is law enforcement’s commitment to keeping festival goers safe and in compliance with the law. One thing that has changed is the way…
Read MoreHeading to Bonnaroo? Understanding Drug Charges and Penalties in Tennessee
Preparations for Bonnaroo are in full swing. Soon, festival attendees from the local area and from all over the country will soon be descending on tiny Manchester, Tennessee to have four rocking days of fun in the summer sun, enjoying the best musical acts and all that the four-day entertainment extravaganza has to offer. Unfortunately,…
Read MoreWhat are the Penalties for Underage DWI in Tennessee?
When an individual who is under the age of 21 is pulled over on suspicion of drunk driving he/she may be charged with Underage Driving While Impaired (Underage DWI). Since it is illegal for anyone who is under age 21 to purchase or drink alcohol, driving drunk is against the law for minors. A minor…
Read MorePunishments for Repeat DUI Offenders in Tennessee
Getting caught driving drunk is a serious offense, which you already know because you have been through this already if this is your second offense. According to NHTSA studies, a person with a prior DUI conviction has 4.1 times the risk of being involved in a fatal vehicle accident. Another study reported that the chances…
Read MoreArrested at Bonnaroo? Here’s what to Do Next
It’s no secret that a few of the more than 90,000 fans that attend Bonnaroo, the legendary music and arts festival in Manchester, TN each year will use drugs or get drunk while having fun at the show. The four-day festival attracts performers that are well known along with more up-and-coming acts who perform in…
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