Criminal Defense Law
Judicial 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 MoreCollege Students Beware: You Future Could Be on the Line if You Are Charged with a Crime, Let Alone Convicted of One
Tennessee has a lot of colleges, trade schools and universities. That means we have a lot of college “kids” running around the state at any given time of the year. Now, we say “kids” because most of these students are at least 18 years of age, which makes them adults in the eyes of the…
Read MoreBonnaroo is Almost Here, and Coffee County is Cracking Down on Citations
The 15th Annual Bonnaroo music festival is a mere days away. Last year’s festival saw more than 80,000 attendees on the 700-acre farm in Manchester, Tennessee, and we can expect at least that many this year, as Bonnaroo continues to expand. You might see a few changes this year, too – like permanent bathrooms, a…
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 MoreProposed Bill Would Boost Repeat DUI Penalties and Reduce Penalties for Small Amounts of Drug Possession
Rep. William Lamberth has introduced controversial legislation that would toughen drunk driving laws while simultaneously reducing the penalties for repeated drug possession. As introduced, HB 1478 would punish a sixth offense DUI as a Class C felony, punishable by three to 15 years in prison. It would define “prior convictions” for the purpose of enhancing…
Read MoreMarijuana Might be Legal in Other States, but Tennessee Still has Tough Penalties against Pot
Marijuana is legal for personal use in some states – but Tennessee is not one of them. Law enforcement in Tennessee takes our drug laws seriously, and drug offenders can face serious penalties if they are convicted of their charges. The Tennessee legislature is making some attempts to pass legislation that would legalize cannabis oil…
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 MoreThe Dangers of Drugged Driving and the Consequences in Tennessee
In the same way that drinking and driving is hazardous, drugged driving, which is getting behind the wheel while under the influence of illicit drugs or prescription drug, puts both the driver, their passengers and the other drivers on the road in danger. According to the National Survey on Drug Use and Health (NSDUH), approximately…
Read MoreIncreased DUI Enforcement in Williamson County Through Labor Day
The Tennessee Governor’s Highway Safety Office is coordinating several local jurisdictions including Williamson County to increase DUI patrols through the Labor Day holiday on September 7th. The statewide campaign, “Booze it and Lose it,” is part of a nationwide effort to prevent drunk driving injuries, fatalities and the economic losses associated with drunk driving accidents.…
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 MoreReporting Domestic Violence is Worth It
Prosecutors have dropped domestic violence charges against Nashville developer David Chase. Evidence showed that his accuser, Lauren Bull, was not a credible witness, and her accounts of his behavior differed from the observations of other witnesses. This case is statistically normal; most domestic violence charges end up being dismissed. However, prosecutors and advocates of domestic…
Read MoreTennessee’s New Anti-DUI Campaign Distracts From Serious Message
Drunk driving is a serious issue, and Tennessee does not take the offense lightly. A first offense carries jail time up to 11 months, penalties up to $1,500, and loss of license for up to a year. The state has spent a significant amount of money raising awareness of this issue, but a recent gaffe…
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…
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