Posted on July 15, 2019 in Asset Forfeiture

If someone commits a crime and is convicted of that crime, he or she will face legal consequences. Depending on the severity of the offense, the penalties can consist of large fines or prison time. Law enforcement also utilizes another consequence known as property seizure or asset forfeiture. Property or assets can include vehicles, money, real estate property, and other miscellaneous items. There are various situations that warrant asset forfeiture, and the process is more complicated than simply taking an item from someone.

Why Is Property Seized?

The purpose of property seizure is to take away assets that were obtained through illegal means. This allows law enforcement to remove the proceeds of alleged criminals’ unlawful enterprises, and the seized assets are often used to help fund law enforcement’s future efforts. According to Tennessee legislation, property can be seized if someone is suspected of possessing narcotics (prescription or illegal). Vehicles may also be seized if someone is charged with various driving offenses, including driving on a license that has been revoked for driving under the influence (DUI) and for a second or subsequent DUI offense that occurred within a five-year period

Continue Reading ››

 Posted on July 09, 2019 in Criminal Defense

With over 75 four-year colleges and universities in the state, Tennessee has thousands of college students. It is very common for students to test their limits, since they are experiencing their first taste of freedom from the rules and discipline of their parents. Crimes committed while in college can be accidental if students are not from the state in which their university is located and are unfamiliar with the state’s laws. For instance, a young adult from Colorado who smokes marijuana may not realize that all forms of cannabis intake are illegal in Tennessee. Students can avoid accidentally making a costly mistake by familiarizing themselves with the laws of the state in which their college is located.

Criminal Charges for College Students

Continue Reading ››

 Posted on June 25, 2019 in Drug Crimes

Laws regarding cannabis, or marijuana, have changed dramatically from state to state. States like Colorado were at the forefront of legalizing medical and recreational marijuana usage, whereas some states consider all forms of this drug’s use illegal. Tennessee lawmakers received a proposal in April of 2019 that formulated a plan to legalize and regulate medical marijuana in that state.

The bill, known as the Tennessee Agricultural Medicine Act, would have allowed for the issuing of licenses to medical marijuana businesses and registration cards to patients. A medical diagnosis would have been required for patients to purchase the drug, and these patients would have been added to a registry that is accessible by law enforcement officers. Not all forms of marijuana would have been legal to Tennessee residents. Patients would have been allowed to consume the drug in an edible form or through “vaping;” however, smoking marijuana would have remained illegal. Despite many other states’ legalization of cannabis, the Tennessee bill did not have enough support to pass and is being delayed until 2020.

Continue Reading ››

 Posted on June 11, 2019 in Criminal Defense

Stalking has taken on a variety of forms, especially with the emergence of social media. Stalking used to be just physical, but now it can take on digital forms as well. While you may have seen versions of stalking on television and in the movies, these are usually not an accurate depiction of the reality of stalking. The act of stalking can be as dramatic as the TV shows, but it is typically more reserved and secretive. The state of Tennessee describes three levels of stalking to omit any discrepancies that may exist.

Definition of Stalking

According to Tennessee law, stalking is defined as “a willful course of conduct involving repeated or continued harassment of another individual that would cause and actually did cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.” This definition is long and detailed to recognize all possible offenses. The act is a Class A misdemeanor for first-time offenders but becomes a Class E felony if the stalker is registered as a sexual offender at the time of the incident. Class A misdemeanors may require less than a year in jail or a fine of up to $2,500. Class E felonies can result in one to six years in prison in addition to a fine of up to $3,000.

Continue Reading ››

 Posted on May 31, 2019 in White Collar Crimes

Identity theft continues to be an issue for many people even with security measures in place. This kind of theft can range from a few fraudulent charges on a stolen credit card or a total theft of identity by pretending to be someone who they are not. There are two different types of identity theft, financial and criminal. Both, obviously, are illegal, and a perpetrator can end up facing criminal charges. If you are charged with any type of identity theft, it is important to speak to a knowledgeable attorney to understand your options for defense.  

What Is Identity Theft?

Identity theft occurs when a person gains access to someone else’s financial information and uses credit card, bank account, and/or personal identification numbers to make purchases. The records could be stolen through a variety of means, such as hacking into a financial institution’s computer system, using a device called a skimmer at a gas pump, or digging through a person’s trash to find statements and other personal information. Many credit card companies and banks have fraud alerts that may catch unusual activity on their customers’ accounts.

Continue Reading ››

 Posted on May 21, 2019 in DUI/DWI/BUI

Driving while under the influence of alcohol can result in serious consequences, but so can driving while impaired by marijuana, methamphetamine, prescription drugs, or other narcotics. In Tennessee, anyone who drives a motor vehicle has automatically given legal consent to be tested for drugs, alcohol, or both. Drivers always have the option to refuse a test, but that will be treated in much the same way as if the driver had submitted to the test and failed

DUI is taken very seriously by law enforcement and the courts of Tennessee. If you stand accused of drugged driving, it is essential you enlist the services of an experienced criminal defense attorney who will fight for you.

What Are the Penalties for DUI?

• For a first offense DUI, a convicted driver will be fined $350-$1,500 and face a license suspension of up to one year.
• For a second offense DUI within 10 years of the first, a convicted driver will be fined $600-$3,500 and face a license suspension up to two years and jail time of 45 days to 11 months and 29 days.

Continue Reading ››

 Posted on April 30, 2019 in Criminal Defense

National parks are meant for everyone to enjoy, and there are a number of rules and regulations in place to help ensure safety for visitors and wildlife alike. Although there are probably many laws that not everyone is familiar with, they are still regularly enforced. If you have been accused of a federal crime in one of the national parks in Tennessee, you will need a knowledgeable attorney to guide you through your rights and options for defense.

What Violations Can I Face in a National Park?

One of the biggest issues in national parks is the use of alcohol. Although alcoholic beverages are allowed in certain picnic areas, campgrounds, and shelters, open containers of alcohol are prohibited elsewhere throughout the parks. Lack of awareness and/or respect for this rule can result in criminal charges.

In addition, drunk driving is not acceptable, and it can be especially dangerous in national parks, since many of the parks’ roads are narrow and winding, and there are typically many other drivers on the road. There are quite a few alcohol-related deaths in the parks each year, and DUI is taken very seriously.

Continue Reading ››

 Posted on April 03, 2019 in DUI/DWI/BUI

While drunk driving is the most common type of DUI faced by Tennessee drivers, a driver can also face criminal charges for driving under the influence of a controlled substance, including marijuana, prescription drugs, or other substances. If you have been accused of driving while impaired, an experienced attorney can help you understand your options for defense and work to have your charges or penalties reduced or dismissed.

How Is Intoxication or Impairment Determined?

In many cases, a person suspected of DUI is pulled over because they were driving erratically. In other cases, a driver may be stopped at a checkpoint, or they may have their blood alcohol tested after getting into an accident. No matter how it comes about, a driver can face some very serious consequences when charged with a DUI. However, a police officer must have probable cause before pulling a driver over, and simply saying that a driver seems to be under the influence is not enough to hold up in court

Continue Reading ››