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Recent Posts in Criminal Defense Category

  • 3 Effective Defenses Against Assault and Battery

    Technically, assault and battery are not the same things. Assault involves making threats or invading someone’s personal space, and battery involves directly making violent contact with someone. Legally, however, these charges are often grouped together and penalized similarly. Ultimately, assault and battery are violent crimes, which can command steep penalties if you are found guilty. If you’ve ...
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  • I've Been Accused of Drug Possession. Now What?

    When it comes to drug possession, police would have you believe that you’ve been caught red-handed. They want you to feel like your case is hopeless, and you might as well go along with whatever they ask, attempting to secure a lighter sentence. Remember, police like to secure arrests, and prosecutors like getting convictions. Higher numbers look good on their records, so they do whatever they can ...
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  • Tennessee's Drug Paraphernalia Laws

    We all know that you could be arrested for possession, selling, or trafficking drugs. Drug crimes, however, aren’t restricted to the drugs themselves. You could be arrested for anything the cops consider “paraphernalia.” This is any item related to the use or distribution of drugs. What follows is a brief breakdown of Tennessee’s drug paraphernalia laws, followed by effective defenses against ...
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  • Tennessee Commercial DUI Laws

    From semi-trucks and tractor-trailers transporting precious cargo to passenger buses carrying dozens of passengers, operating these vehicles require a commercial driver’s license (CDL). Since CDL holders drive large vehicles for a living, they are held to a stricter standard in comparison to non-commercial drivers, especially when it comes to drunk or drugged driving. A CDL holder can be charged ...
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  • Tennessee Underage DUI Laws

    In Tennessee and throughout the United States, many high school and college students engage in underage drinking. However, such activity often leads to drunk driving. The Centers for Disease Control and Prevention (CDC) states that one in 10 teenagers in high school drinks and drives. Additionally, young drivers between the ages of 16 and 20 are 17 times more likely to die in a car accident when ...
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  • Can I Get in Trouble for Borrowing My Friend's 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 ...
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  • What Happens if I Get into Bar Fight in Tennessee?

    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 ...
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  • 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 ...
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  • Don't Forget: Marijuana is Still Illegal in Tennessee

    Nashville’s DA announced it’s no longer planning to prosecute minor marijuana cases, and Memphis has already started working again toward similar municipal decriminalization legislation. With the two largest cities in Tennessee working to ignore or change marijuana laws, it’d be easy to forget that marijuana is still wholly illegal in Tennessee. The issue is not an easy one for many states, and ...
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  • 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. ...
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  • Could I Be Accused of a DUI for Using Legal Substances?

    We all know that driving drunk is both highly dangerous and highly illegal. Driving while under the influence of illegal drugs is just as problematic. What is less often discussed is the fact that even legal substances could result in a DUI arrest. Driving under the influence of drugs is often called a “DUID” charge. If you are high on cocaine, heroin, meth, or even marijuana, you could be accused ...
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  • 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 ...
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  • Penalties of a Domestic Assault Conviction 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 ...
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  • Common DUI Defense Strategies

    If you are facing DUI charges, we understand how overwhelming and stressful this situation is for you. Oftentimes, people assume that they have no chance of defeating these charges, but this is far from the truth. With an experienced criminal defense attorney on your side, you can mount an effective defense to protect your rights and future. Defending Yourself Against a DUI A DUI charge is not a ...
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  • 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 ...
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  • Do I Have 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 ...
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  • 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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