Posted on November 19, 2020 in Criminal Defense

While it may seem like an excuse, there is something to say about being in the wrong place at the wrong time. The words “murder” and “homicide” raise immediate red flags, often bringing gun violence to mind in this day and age. However, what if you caused a car accident and the other driver’s injuries were fatal? Or perhaps a weapon malfunction while hunting led to your friend’s death? These are two examples of unintentionally causing the death of another person, also known as involuntary manslaughter. The state of Tennessee recognizes that not all deaths, or crimes, are one in the same, and the law reflects this by dividing involuntary manslaughter charges into three separate criminal categories.

Reckless and Criminally Negligent Homicide

Although these two are technically separate charges, the legal descriptions are fairly similar. The state loosely defines criminal negligence and reckless homicide in order to leave room for a number of criminal behaviors to fall within these categories. Reckless homicide occurs when a person is aware of the risks of serious injury or death that their actions pose to the other person, but he or she continues to act and the other person dies as a result. A common example of this is the accidental discharging of a firearm. A more rare occurrence is playing a dangerous game like Russian roulette, where both parties are aware of the potential risks, and one of the individuals dies in the process

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 Posted on November 12, 2020 in Drug Crimes

In the past decade, the legal restrictions surrounding marijuana have shifted on a state-by-state basis. These variations of the law include the legalization of marijuana for medical and recreational purposes as well as the decriminalization of marijuana for those who have previously faced charges. Depending on where you live, you may have free reign, or you could still face stiff restrictions for drug possession. Tennessee is one of seven states that is still standing as a stronghold against all forms of legalization. One state senator, however, is using her voice to stand up for those who are in need of the benefits of medical marijuana.

State Senator Advocates for the Sick

As Tennessee’s surrounding states begin to loosen their marijuana regulations, many Tennesseans are wondering when their state will follow suit. Republican State Senator Janice Bowling has supported the movement to legalize medical marijuana for years, and she intends on taking action again this winter. According to reports from WREG, Sen. Bowling plans on introducing a new medical marijuana bill when lawmakers reconvene at the start of the new year. 

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 Posted on October 23, 2020 in Criminal Defense

Finding out that your child has broken the law and is facing criminal charges for his or her mistake is a difficult pill for parents to swallow. You are likely feeling a combination of emotions—anger and disappointment in your child, concern for his or her future, as well as confusion regarding how the Tennessee court system works for minors. If your child is facing juvenile charges and this is your first time dealing with the Tennessee court system, you may be bursting with questions about how the legal process will work and where your child will end up afterward. It is always advisable to speak with an experienced criminal defense attorney who is familiar with the juvenile court system before taking any further action, but we have compiled a list of frequently asked questions to inform you about the process moving forward.

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 Posted on October 09, 2020 in Traffic Violations

Driving in Tennessee can be an adventure, and the state is often a stop on family road trips. With the mountains, lakes, and national parks, Tennessee is a travel hotspot throughout the year. As a vacationer, it is important to be familiar with the state’s traffic laws to avoid receiving a violation ticket while visiting. A traffic ticket may not seem like a big deal, but as a visitor of the state, you would be required to pay any fines or attend any court dates within the state you received the ticket. In other words, if you are pulled over in Tennessee but live hours away, you could be required to make the road trip for a second time to address the traffic violation in that state. Below are five traffic safety laws that you should be aware of while visiting Tennessee:

1. Texting and Driving: By this time, most states have outlawed texting and driving, so this law is likely not new to you. Be wary, however, of using your phone for GPS purposes as this can also be considered distracted driving and lead to a ticket. Always have your passenger handle directions or communication with your phone while you are driving.

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 Posted on September 24, 2020 in Criminal Defense

With texting, calling, and social media profiles available at the touch of a button, it has never been easier to find someone’s information and continue contacting them over a number of platforms. What may have been considered harassment or stalking 10 years ago has now escalated to include digital outreach. You have likely heard the term “Facebook stalking” or other versions of looking at someone’s public information online. While this term may poke fun at browsing through a person’s social media content, it can be considered a crime if taken too far. 

The Legal Definition of Harassment

There are a number of threatening actions that are considered harassment by Tennessee law. According to Tennessee law, a person who intentionally does the following is committing the criminal offense of harassment:

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 Posted on September 11, 2020 in Drug Crimes

Drug use often begins as a party tool at a young age and quickly transitions into full force addiction as time goes by. As of late, Tennessee’s district attorneys general have recognized the danger of fentanyl along with its recent resurgence in popularity, and are taking action to educate teens about this illegal substance. Because some controlled substances are more potent and dangerous than others, Tennessee divides these drugs into categories known as schedules, each of which increases in the severity of charge and consequence. Since many teens are unaware of the physical and legal consequences of fentanyl, a high number of Tennessee minors are getting involved with this substance and facing criminal drug charges as a result.

What Is Fentanyl?

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 Posted on August 24, 2020 in Domestic Violence

Since March, Americans have been asked to stay home as much as possible and wear masks and practice social distancing in public. Like many states, Tennessee enacted a stay-at-home order in response to the impending threat of COVID-19. Tennessee alone has had 123,489 confirmed cases of coronavirus since the virus first came to the United States six months ago. In order to address these high numbers and a lack of vaccinations, Tennessee Gov. Lee has extended its State of Emergency orders to keep Tennesseans out of public spaces and in the safety of their own homes. To some, this safety is even more sparse under their own roof. With more and more people staying in closed quarters, Tennessee has seen an increase in domestic violence against partners, spouses, and children. With domestic violence numbers on the uptick, working with a reputable criminal defense attorney has never been more important.

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 Posted on August 11, 2020 in DUI/DWI/BUI

Universities and colleges have always been known for their parties and easy access to alcohol. Aside from the higher education that these academic institutions provide students, they also present many young adults with their first opportunity to live away from home. This opportunity of growth is important for those on the verge of adulthood, but it can also lead many students down the wrong path. Despite what movies or TV shows may show, the legal drinking age restriction of 21 still applies to college students. However, easy access to alcohol leads many students to believe that they are invincible. The following alcohol-related offenses are common on Tennessee college campuses, leaving many students with criminal charges on their record and in many cases, additional consequences from the university.

Possession and Consumption

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 Posted on July 21, 2020 in DUI/DWI/BUI

Driving under the influence (DUI) of alcohol is a frighteningly common offense that many Tennesseeans have on their record. Across the country, states have instilled a blood alcohol concentration (BAC) limit to ensure that drivers who get behind the wheel after drinking alcohol are not too intoxicated to drive safely. With a 0.08 percent BAC limit in Tennessee, three to four drinks can place you above the legal limit to drive. In the past few years, Tennessee legislators have noticed a high number of repeat DUI offenders, but there has been a lack of recourse for these repeat offenses. In order to address these sentencing discrepancies, legislators passed House Bill 167 in 2019 after years of legal deliberation.

Looking at Statistics

Legislators included a number of statistics in their HB 167 bill summary, which explains why they believe that these harsher penalties are necessary for repeat offenders with DUI charges. According to the Tennessee Department of Corrections, 32.2 percent of all offenders will re-offend within a year of release from their sentence. This appears to be the case for all offenders, not just those with DUI charges. However, the high tendency to re-offend and low chance of harsher sentencing for DUI cases make it likely for those with such charges to drive drunk again in the future. News reports from Fox17 Nashville record the most habitual Tennessee DUI offender had 19 DUI arrests, something that these harsher sentences are hoping to mitigate.

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 Posted on July 07, 2020 in White Collar Crimes

Everyone has had the experience of pretending to be something or someone they are not. This is a common occurrence when young adults try new looks or hobbies as they begin to discover who they are as they mature. Trying something new may not be considered a crime, but when this new self-representation becomes deceptive, things can get more complicated. This is especially true with companies who take advantage of curious consumers’ ignorance toward their company or the money they are handing over. These corporations can also use these deceptive tactics to gain a mass of followers willing to work alongside them. Maybe you are a victim of fraud or did not realize that what you were participating in is considered a white-collar crime in Tennessee. Whether you started the fraudulent activity or were tricked into being a participant, you should seek the help of a reputable criminal defense lawyer.

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