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.

In today’s society, there are all kinds of incidents that can end up escalating into violent confrontations. When this happens, law enforcement may treat at least one of the parties involved as the aggressor. Police do not always arrest the right person in these situations, and they may fail to further investigate the circumstances of the incident.

There are different levels of assault a person can be charged with in Tennessee, with each level carrying different penalties if a person is convicted. If you have been charged with assault, a Union County defense attorney can help.

Simple Assault

Under Tennessee law, a person commits simple assault if any of the following factors exist:

In Tennessee, just like in every other state in the country, the legal drinking age is 21. While it is against the law for anyone under 21 to consume or possess alcohol, the reality is that many do. This is especially true when it comes to college and social life. However, the criminal justice system takes underage drinking seriously and anyone under 21 who is caught with alcohol, especially in drinking and driving situations, faces especially harsh penalties.

Legal BAC in Tennessee

Under Tennessee law, anyone who is 21 years of age or older who has a blood alcohol concentration (BAC) of 0.08 percent is considered legally drunk. However, for anyone under the age of 21, the legal limit is much lower and DUI charges may apply if a person has a BAC of 0.02 percent or higher.

Penalties for Underage DUI

While the penalties for underage DUI may not be as harsh as adult DUI penalties, they still leave a permanent mark on the individual’s criminal record. For drivers who are under 18, the matter is deemed a delinquent act. If the driver is between 18 to 20, the crime is charged as a misdemeanor. Penalties for both categories are the same:

Arrest reports in Tennessee have a new line item that has been added to them. This information lets a person who has been arrested know that in some cases, the charges they face can be expunged from public records. An expungement basically erases all public records of an arrest. Under some circumstances, one may even be granted to expunge any records of a conviction. To find out if you could qualify for an expungement, consider speaking with a Knoxville defense attorney.

Notification of Expungement Possibility

The new information was added to arrest reports as of July 1st under a new law. Many defendants are unaware that they may be able to have their arrests expunged if they meet certain criteria.

Under Tennessee law, in order to petition for an expungement, you must meet certain eligibility requirements. These include:

Autumn is now in full force in Tennessee and that means lots of fun and exciting events for students at the University of Tennessee. Rush week, Halloween parties, football games, Homecoming, and Thanksgiving all provide opportunities to get together with friends and enjoy downtime from the rigors of studying and exams. Unfortunately, those fun times can also provide situations where a college student finds themselves in legal trouble, facing arrest and criminal charges.  

While there are a wide variety of different charges that a person may be arrested for, there are certain criminal charges that seem to be common ones among college students. If your young adult child has been charged with any of the following crimes, it is important to contact a Knox County defense attorney for legal assistance.

Underage Drinking

Drinking and college seem to go together, but the National Minimum Drinking Age Act set the legal drinking age at 21 years of age. Despite that law, many students under 21 do partake in activities that involve drinking. Binge drinking is a serious and common problem, with about 600,000 college students suffering injuries due to heavy drinking each year.