Posted on January 07,2021 in Criminal Defense

Being charged with any type of crime should not be taken lightly. Depending on the severity of the offense, the penalties can range from costly fines to significant jail time. Sex crimes, especially those committed against children, often carry harsher punishments if convicted. In Tennessee, these offenses can include child abuse, sexual assault, and child pornography. For anyone facing charges for this type of offense, it is important to seek skilled legal representation. Besides demonstrating that the alleged offenses did not occur, it may be possible to defend against these charges by demonstrating a lack of intent, meaning the person who was allegedly in possession of child pornography did not know the materials involved a minor. An experienced criminal defense attorney can carefully review the circumstances of the case and make sure a defendant’s rights are protected throughout the proceedings.  

Continue Reading ››

 Posted on December 28,2020 in Criminal Defense

This past year has been turbulent, to say the least. With an international pandemic, racial turmoil and protests, and the 2020 presidential election all occurring in the last 12 months, many are looking forward to the start of the new year. This includes legislators who have been filing 2021 bills over the past few months. The subjects that these bills cover include a wide range, but many are in response to this past year’s events. 2020’s record of looting and destroyed property in cities across the country has one Tennessee lawmaker looking for loosened restrictions when it comes to self-defense and citizens’ responses to property crimes.

House Bill 11

The current Tennessee law regarding self-defense is clear: Deadly force for the purpose of self-defense is only legal if you fear for your life or someone else’s. For those who are victims of property crimes, in other words, someone is stealing or damaging their belongings, using deadly force against the perpetrator is considered a felony. While widening these restrictions may not have been on legislators’ minds in the previous sessions, the infamous looting and significant property damage that occurred throughout 2020 has one lawmaker looking for a change.

Continue Reading ››

 Posted on December 02,2020 in Criminal Defense

If you are a parent, you know that it is far from uncommon for teens to push the limits. Their desire for independence can lead them to defy your rules, any regulations set by their high school, and even legal limits that apply to all Americans. Testing the limits is not always a bad thing, but when drugs and alcohol are involved, things can quickly take a turn for the worse. For those who are at the legal drinking age, the blood alcohol concentration (BAC) limit is 0.08 percent. For those under 21, Tennessee law enforcement has no tolerance for a BAC over zero. Unfortunately, many teens will get behind the wheel after drinking or doing drugs, assuming that they are OK to drive, but then they end up facing driving under the influence (DUI) charges. Such penalties often lead to losing your driver’s license, but what about other drug or alcohol violations that were not committed while driving?

Continue Reading ››

 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

Continue Reading ››

 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. 

Continue Reading ››

 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.

Continue Reading ››

 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.

   Continue Reading ››

 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:

Continue Reading ››

 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?

Fentanyl is a synthetic opioid that is steadily climbing its way to becoming the most dangerous drug in America. The United States has seen a significant rise in opioid usage, known as the opioid epidemic, and Tennessee is no exception. According to a report in The Tennessean, over 9,100 people in Tennessee have died of drug overdoses between 2013 and 2018, and over 70 percent of these deaths were partially caused by opioids, including fentanyl. 

Continue Reading ››

 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.

Continue Reading ››