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Recent Blog Posts

Can DUI Be a Felony in Tennessee?

 Posted on April 04,2024 in DUI/DWI/BUI

Knoxville, TN DUI defense attorneyDriving under the influence is a serious offense in Tennessee, accompanied by license suspension, fines, and even jail time. If you drive in Tennessee, you automatically submit to blood alcohol testing. Refusal to test can result in license revocation.

If you have been charged with a DUI in Tennessee, our Knoxville DUI defense lawyer can offer you the aggressive representation you need.

When Can a Person Be Charged with a DUI in Tennessee?

Under Tennessee law, a motorist is considered to be driving impaired if under the influence of alcohol, marijuana, or any narcotic substance. A person is considered impaired if he or she has a blood alcohol concentration (BAC) of 0.08% g/dL or higher. 

Signs of Impairment

A police officer can only pull someone over if the officer has reason to believe that the driver is intoxicated. To justify doing so, the driver must be showing signs of impairment, which may encompass any of the following:

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Should You Plead Guilty to a Crime in Tennessee?

 Posted on March 23,2024 in Criminal Defense

TN defense lawyerIt is estimated that 98% of criminal cases never reach trial, instead they are resolved through plea bargains. A viable option in some cases, a plea bargain allows you to avoid the cost and expense of trial. With the promise of a more lenient sentence, many defendants agree to this option.

If you are facing criminal allegations, it can be difficult to know how to plead. An experienced Knoxville criminal defense attorney will know what pleas are available to you to afford you the best possible outcome in your case.

What You Should Know About Pleading Guilty

Understanding the legal system is important in deciding if you should plead guilty to a crime. Here are some things you should be aware of in making your decision:

You Waive Your Right to Trial 

In criminal trials, a prosecutor must establish your guilt beyond a reasonable doubt. The trier of fact, a judge or jury, must reach the conclusion that there is no other reasonable explanation for the evidence presented except that you committed the crime.

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Different Ways Assault Charges Can Arise in Tennessee

 Posted on March 08,2024 in Criminal Defense

TN defense lawyerWhether you have caused someone physical harm or threatened to harm another person, you could be facing prison time and steep fines. An assault conviction will result in a criminal record, which will follow you for the rest of your life.

No matter the circumstances, one thing remains constant: if you are charged with assault, you need to seek counsel from a Knoxville assault criminal defense attorney. In this article, we will discuss the various situations in which assault charges may arise.

Domestic Assault

Domestic assault is often marked by an abusive pattern of behavior. This type of assault charge is generally against a person that you are related to (blood or adoption) or a member of your household. Even if you did not touch the person but threatened harm, you could be charged with domestic assault. A person could be convicted of assault just by causing a victim to think that they were going to cause them some type of bodily harm.

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Sex Crime Charges from Date Rape Situations

 Posted on February 22,2024 in Criminal Defense

TN defense lawyerTennessee Code §39-13-503 defines rape as the “unlawful sexual penetration of a victim.” If you have been charged with rape, the social stigma that follows you can be paralyzing. Not only impacting your personal life, a rape conviction can result in significant prison time and hefty fines.

Our Knoxville sex crimes defense lawyer would like to discuss rape charges stemming from date rape situations and the potential penalties you may be facing if convicted.

What is Date Rape?

Date rape occurs when there is sexual intercourse between two people who meet in a social setting, but the victim does not give their consent. It is common for the non-consenting individual to be drugged prior to intercourse.

To constitute rape, there must be sexual penetration. Sexual penetration is the intrusion of a person’s body or object into the genital or anal openings, not necessarily involving ejaculation.

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Will Criminal Charges Affect Your Professional Goals?

 Posted on February 09,2024 in Asset Forfeiture

TN defense lawyerFinding a job with a criminal record may be more challenging than you would think. It is usually more difficult for employees who have had any past criminal activity to find well-paying positions.

With jobs that have licensing requirements, the licensing board may deny your application if they see you have a criminal history. Even if your position does not require licensing, you may run into problems when your employer conducts a background check as part of your application.

If you have been denied a professional license or a job due to past crimes, do not hesitate to contact our Knoxville criminal defense attorney.

Background Checks

When you apply for any job, you will fill out an application. Part of the application process is giving your employer permission to conduct a background check.

In performing a background check, anyone can see your past employment history, credit history, driving record, and if you have had any arrests, charges, convictions, incarceration, and arrest warrants. Background checks are also used for other purposes, including by landlords regarding potential tenants.

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Underage Drinking Charges in Tennessee

 Posted on January 21,2024 in DUI/DWI/BUI

TN defense lawyerAs parents, we hope that our children will make informed decisions. That includes following the law.

Many people know that the legal blood alcohol content limit for adult motorists is 0.08%, but you may not realize that the legal limit is lower for underage motorists, being at just 0.02%.

A Tennessee defense lawyer can explain the penalties for underage drinking and the rules established by the University of Tennessee for minors who possess or consume alcohol.

Underage Alcohol Possession

Tennessee law details the penalties for minors in possession of alcohol:

  • First offense: License suspension for one year, or until the person turns 17 years old (whichever is longer)
  • After 90 days, the individual may apply to the court for early withdrawal or suspension
  • Second offense: License suspension for two years, or until the person turns 18 years old (whichever is longer)

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Fighting Drug Possession Charges in TN

 Posted on January 10,2024 in Drug Crimes

Blog ImageTennessee criminalizes the possession or the casual exchange of a controlled substance. “Casual exchange” is defined as the passing of an illegal drug between two parties, whether or not money is exchanged in the process

Marijuana possession falls under this law as well unless it was prescribed by a physician. Even if you have just half an ounce of marijuana, you will most likely be fined and possibly incarcerated.

If you have been charged with drug possession, do not hesitate to contact our Knoxville drug possession defense attorneys immediately

Penalties for Drug Possession 

TN Code § 39-17-417 makes it illegal for a defendant to knowingly perform any of the following:

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Can You Get Arrested in a National Park?

 Posted on January 10,2024 in Criminal Defense

Blog ImageSpending the day in a national park can be a rejuvenating and peaceful experience. However, some people do not respect the rules of the park or might face wrongful accusations of violating the law. Be aware that if you are arrested in a national park, you will be subject to federal laws

 If you have been arrested in a federal park, you need reliable representation that can only be found in a Knoxville federal criminal charges defense attorney.

Federal Laws in National Parks

The national park system is overseen by the Department of Interior, the Department of Agriculture, and the Department of the Army. Any of these federal departments can charge you if you break a federal law

Title 36 of the Federal Code of Regulations details the regulations that have been developed to protect national parks. These laws regulate the protection of natural resources, public use, recreational activities, and even specify special regulations for certain parks.

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DUI Arrests Increase Over the Holiday Season

 Posted on January 10,2024 in DUI/DWI/BUI

Blog ImageWith the holidays upon us, law enforcement agencies throughout Tennessee are gearing up for increased DUI enforcement. The reality is that people tend to drink more during the holidays, which tends to result in more impaired drivers on the road, and enforcement is meant to keep our roads safe

A Jeffrey Coller, Knoxville Criminal Defense Attorney, we recognize that everyone accused of drunk driving is entitled to a defense. If you are arrested for DUI this holiday season, you should contact a Knoxville DUI defense lawyer as soon as you can. Our attorneys know how to defend against DUI charges and are committed to bringing every case to the best resolution possible.

Why do People Drink More around the Holidays?

For many people, the holidays are a time to celebrate, visit family and friends, and go to office parties - all of which often involve alcohol. Additionally, the stress of the holidays and simply taking time off work often leads people to drink more alcohol. Whatever the reason, increased alcohol consumption can lead to risky behaviors like getting behind the wheel while impaired. The best way to avoid a DUI arrest is to take steps to ensure that you do not drive after drinking. Some of the ways you can avoid drinking and driving this holiday season include:

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Sex Offender Registration

 Posted on January 07,2024 in Criminal Defense

Blog ImageSex crime charges can change your life. The consequences of a sex crime conviction can be severe, including imprisonment and the requirement to register as a sex offender

Jeffrey Coller, Knoxville Criminal Defense Attorney provides defense representation to individuals charged with sex crimes in Knoxville, TN. If you find yourself in this difficult situation, it is important to seek professional help and understand the laws surrounding sex offender registration. Contact our Knoxville criminal defense attorney today.

Sex Crimes that Require Registration

In the state of Tennessee, individuals who have been convicted of certain sex crimes are required to register as sex offenders. These crimes include, but are not limited to, rape, sexual battery, aggravated sexual battery, sexual exploitation of a minor, and aggravated rape. The severity of the offense will determine the duration and frequency of registration.

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