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Criminal Defense

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Recent Posts in Criminal Defense Category

  • What Are My 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 ...
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  • Can I Be Convicted of a Weapons Charge if I Carry 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 ...
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  • 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 ...
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  • What Are the Penalties for a DUI in Tennessee?

    The state of Tennessee prohibits motorists from operating a vehicle if they: have a blood alcohol content (BAC) of at least .08%; or are under the influence of any intoxicant, marijuana, controlled substance, drug, or substance that affects the central nervous system. To be under the influence of a substance is to be impaired to the point of inability to safely operate a motor vehicle. If you are ...
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  • What Happens When You Are Charged with Domestic Assault?

    Tennessee defines domestic assault as a physical attack against a family or household member. It is a Class A misdemeanor that will stay on your record forever. Victims of domestic assault can include: current or former spouse; person who the alleged offender lives with or previously lived with; person who the alleged offender is dating or has previously dated; someone alleged offender is related ...
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  • 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 ...
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  • Possession of a Handgun While Under the Influence in TN

    If you are a firearm enthusiast, you probably value your right to bear arms. After all, firearms allow law-abiding citizens to protect themselves, their families, and their homes from criminals. Research has shown that when citizens are armed, and criminals know it, they will usually avoid the properties that are protected by armed homeowners and business owners. There are strict state and federal ...
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  • Senate Bill 683 Targets Repeat DUI Offenders

    In Tennessee, it’s illegal for driver to operate a vehicle with a blood alcohol concentration level at or above 0.08%. While existing laws and sobriety checkpoints save countless lives each year, it doesn’t change the fact that Tennessee has an ongoing problem with repeat DUI offenders. According to the Tennessee Bureau of Investigation , there are nearly 30,000 DUI arrests reported on an annual ...
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  • Am I Eligible for Expungement in Tennessee?

    Whether you were arrested for a criminal offense or convicted of one, each case can result in a criminal record in Tennessee. Having a permanent record means anyone who decides to run a background check can see your past criminal activity. This can make it difficult to obtain a new job or keep being employed, apply for college, find housing, and take advantage of other opportunities in life. To ...
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  • Potential Consequences: What If This Isn’t My First DUI?

    DUI charges are extremely serious and can have a lasting impact on your personal and professional life. These types of convictions could wind up hurting your job prospects, damaging your relationships with family and friends, and may even cost you your freedom. If you are facing charges for a repeat DUI offense , make sure you know what you’re up against. Understanding the Penalties In Tennessee, ...
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  • What is a White Collar Crime?

    White collar crimes are criminal acts that generally have to do with financial or personal gain. Someone who commits a white collar crime might steal from their company’s accounts or omit crucial information on their taxes in order to earn a higher return, for example. Although these crimes are usually nonviolent, they can still incur very serious penalties, especially if a large amount of money ...
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  • What Are the Penalties for a DUI in Tennessee?

    If you were arrested for driving under the influence of drugs or alcohol in Tennessee, you could face serious repercussions. However, the way in which you handle your situation from here forward will determine how severe the repercussions will be. In the state of Tennessee, if an officer has cause to believe you have been driving while drunk, you could be arrested on DUI charges. If convicted, ...
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  • Domestic Violence & Child Custody: What Are My Options?

    Have you been charged with or convicted of domestic assault? In Tennessee, domestic assault charges can drastically influence your child custody case, especially if you and your child’s other parent are both fighting for custody rights. When dealing with child custody matters, the court will look at both parents in an attempt to find a parenting arrangement that will work in the best interest of ...
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  • 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 ...
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  • Labor Day Weekend DUIs

    Labor Day weekend is almost upon us, bringing the summer season to a close with one last celebration. Many of us are likely looking forward to the long weekend, hoping to party and have a good time with friends and family, but it is important to be careful since this is also one of the most dangerous times to hit the road. In fact, according to a Tennessee Highway Patrol Announcement, the THP put ...
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  • 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 ...
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  • DUI with Drugs: What You Need To Know

    If you were arrested for a DUI, driving under the influence of drugs or alcohol, you need to take immediate action to protect your rights and your future. DUI charges are extremely serious, and if you are convicted, you could wind up dealing with severe, lasting repercussions. Most people associate DUI charges with alcohol consumption, but drivers can also be charged for driving while under the ...
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  • What Are the Differences Between Theft, Robbery, & Burglary?

    Even though the terms theft, robbery, and burglary are often used interchangeably, they are actually defined as three distinct crimes. All three crimes do have a few things in common, including the fact that all have to deal with stealing another’s rightful property. However, there are several ways in which each of these crimes differs, not only by definition, but also by their potential ...
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  • New Laws Give High Penalties for Poaching Big Game

    One of Tennessee’s most valued assets is its abundance of natural wildlife. Our wildlife population includes several species of big game and has been a draw to hunters for generations. The state is as serious as ever about protecting that resource. Tennessee has always had in place various wildlife laws regarding those who poach big game animals. However, local landowners began working with ...
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  • What To Know About Ft. Campbell's Juvenile Review Board

    When a juvenile is involved in a minor offense on Fort Campbell, such as shoplifting, assault, or vandalism, the juvenile and his/her sponsor will go before a Juvenile Review Board. The Board consists of nine members, three voting individuals and six non-voting individuals, all appointed by the commander. The board will make a recommendation based on the evidence and testimony. If the juvenile is ...
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  • 4 Consequences of Being Placed on the Sex Offender Registry

    Laws against sex crimes in Tennessee are extremely strict and any violations could potentially lead to mandatory placement on the sex offender registry. Individuals can be placed on the sex offender registry for a variety of crimes, including both misdemeanors and felonies. If you are placed on the sex offender registry, it could seriously impact your personal and professional life, affecting ...
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  • What They Don't Tell You About Field Sobriety Tests

    A field sobriety test consists of physical tasks that the person suspected of DUI will need to perform to prove that they are able to safely drive their vehicle. Field sobriety tests usually include making a person walk in a straight line or having them touch the tip of their finger to their nose while standing on one leg. Reciting the alphabet backwards is also another common field sobriety test. ...
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  • Do Misdemeanor Offenses Require an Attorney?

    There are two types of crimes: misdemeanors and felonies. Felonies, such as rape and murder, are typically considered more serious and are subject to harsher punishments. On the flipside there are misdemeanors, such as driving under the influence and assault, which are considered less serious offenses and thus subject to less severe penalties. However, you can still face serious non-criminal ...
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  • Will My Child Be Tried in Juvenile or Adult Court?

    When a juvenile is arrested for a crime, a judge can decide whether they will be tried as an adult or a minor. This is typically accomplished with what is known as a “judicial waiver.” Often, a prosecutor will ask the juvenile court judge to hold a hearing to determine if their exclusive jurisdiction can be waived. Some states leave this decision solely to the judge, while others make the judicial ...
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  • What to Do After a DUI/DWI Arrest

    If you have been arrested for a DUI or DWI , especially if it is your first time, it can be a scary and stressful experience. What steps do I need to take first? Will I automatically lose my driver’s license? Will I go to jail? It is critical to understand the proper steps to take immediately after your arrest in order to obtain the most favorable outcome of your case. The following are five ...
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