Under Tennessee law, the majority of people charged with criminal offenses have the constitutional right to be released on bond while their case works its way through the criminal justice system. There are a few exceptions to this law, such as a case where prosecutors are seeking the death penalty or if the person was a fugitive.

The problem under the current system, however, is that there are many defendants who are unable to come up with the bond amount and end up sitting in jail until their case is resolved one way or another. Tennessee lawmakers are considering changes to the current bond system and have introduced three different bills.

Disparities in the Bond System

As of January 31, 2022, there were 24,264 people being held in Tennessee jails. According to the state’s Department of Corrections, 59 percent of those inmates were being held pre-trial. Critics say the bond system goes against the state’s constitution, which they say promises bail for everyone except those who have been charged with capital offenses.

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National parks across the United States offer expansive stretches of land full of wildlife and beauty galore. As inviting as national parks are, you are not welcome to enter a park without understanding and adhering to the rules and regulations of the park. 

For instance, in the Tennessee-based parts of the Great Smoky Mountains National Park, there are certain laws that you must abide by in order to explore all that the park has to offer. If you fail to uphold the legal expectations while in the park, you can run the risk of being charged with a federal crime. 

But what is a federal crime? And what are the laws you must respect when enjoying your time at Great Smoky Mountains National Park? 

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Tennessee can be quite a lovely state to visit around the holidays. Whether you are returning home to visit your family or vacationing with friends, your plans almost certainly do not include being arrested. However, situations have a way of getting out of control during what can be a stressful time of year, and visitors to our state do occasionally end up visiting our jails. If this has happened to you, it is of the utmost importance that you do not leave the state without having retained counsel to address the charges. Failure to handle your case in Tennessee can result in a warrant being issued that could get you arrested back home as well. 

How Does Being From Out of State Affect Bond?

Before you can even think about returning home, you will need to get yourself released from jail. This may be a little more difficult for an out-of-state visitor than for a Tennessee resident. The purpose of bond is to guarantee that a defendant will show up to answer for his charges. The idea is that you pay money to the court, and get most of it back when your case concludes. Courts may fear that if they release an out-of-state visitor without a substantial bond, they are likely to return to their home state and never come back. This can result in substantially higher bonds. 

Typically, people out on bond cannot leave the state. With the assistance of an attorney and perhaps a bondsman, you may be able to return home while your case is pending. Always speak with an attorney before leaving Tennessee.

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When you own a business, there are a myriad of issues and responsibilities you need to keep abreast of in order to be successful. According to federal and state laws, that also includes making sure that no criminal activity is taking place at your business. Failure to do so could result in criminal charges being brought against you. This is what recently happened to one nightclub owner and two of his managers when they were all convicted by a federal jury of managing drug premises, conspiracy to manage drug premises, and conspiracy to possess with intent to distribute cocaine. 

Details of the Convictions

According to federal prosecutors, the owner ran several popular nightclubs. Prosecutors alleged in their case that one reason for that popularity was that the defendant allowed drug dealers to sell cocaine in the bathrooms of the clubs, resulting in an increase in the clubs’ revenue of between $9 to $12 million. The jury was told that because the owner knew what was going on but continued to allow it because he was profiting by the increased business at his clubs, he was guilty of managing drug premises, along with the other charges. The jury agreed.

Part of the evidence federal prosecutors presented in the case included 17 controlled drug buys at several of the clubs of informants – who were all under the supervision of the FBI – purchasing bags of cocaine from drug dealers who were selling the drugs out of club bathrooms.

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There are two clauses in the U.S. Constitution that specifically prohibits governments from retroactively changing punishments for a crime that was previously committed. This clause also bars a government from changing the rules of evidence in a case or punishing conduct that was legal at the time it was committed. These laws are referred to as Ex Post Facto and according to a recent ruling by a federal judge, the state of Tennessee is in violation of this clause for how they have continued to enforce retroactive punishments against sex offenders, including some whose crimes took place decades before the Tennessee sex offender registry law went into effect.  

Federal Lawsuit

In her recent ruling, the judge ordered the removal of eight different men from the state’s sex offender registry list, as well as ordering the state to stop imposing restrictions on what these men can and cannot do, accusing the state of “flouting the Constitution’s guarantees.”

The state’s lawyers argued that the eight men should be kept on the registry in order to prevent future offenses and for the protection of the public. However, in her ruling, the judge pointed out that the state failed to provide any evidence that any of the men posed a threat to the public.

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