Posted on October 07,2024 in DUI/DWI/BUI

The state of Tennessee recently made some changes to DUI rules that could affect those charged with the offense. Under SB 1055 and HB 0587, there are two primary changes. To qualify for an enhanced DUI sentence, the previous blood alcohol concentration (BAC) was 0.20 percent or more. That has been lowered to 0.15 percent or more. The new laws also increase the jail time requirement for those arrested for DUI from two days to seven days if the person’s BAC is at or higher than 0.15 percent.

DUI penalties can be harsh, bringing legal penalties as well as additional long-term consequences that can follow a person convicted of DUI for a very long time. Even if this is your first DUI, you can face significant penalties if convicted. Speaking to an experienced Union County DUI lawyer can be one of the most beneficial steps following DUI charges.

Continue Reading ››

 Posted on September 19,2024 in Criminal Defense

Certain inmates on death row in Tennessee who are waiting on their execution date may have another chance for a reprieve. The death penalty in Tennessee is reserved for those who are convicted of a capital offense (murder, treason, genocide, or the killing or kidnapping of a Congressman, the President, or a Supreme Court Justice) and only when the jury specifically imposes such a penalty.

On April 26, 2021, HB 1062 passed the Tennessee House and the Senate. This bill created a procedure that allows death-row inmates to obtain judicial review of their sentence when they have an intellectual disability. The new law essentially makes it illegal to execute an individual who has a documented intellectual disability. While the law is retroactive, there is a "catch," which prevents a defendant from filing a new disability claim "if the issue of whether the defendant has an intellectual disability has been previously adjudicated on the merits."  

Continue Reading ››

 Posted on September 11,2024 in Criminal Defense

While weapons charges are relatively uncommon for college students, they are not entirely unheard of. Some students may feel they are vulnerable on campus without a weapon of some sort.  A new law has recently made it easier for students to feel safe on campus. The Laken Riley Act of 2024 was named for a 22-year-old nursing student who was attacked and killed while jogging on the campus of the University of Georgia.

The Act has had consequences outside of the state of Georgia, with changes to self-defense laws on college campuses in Tennessee as well. Tennessee HB 1909 and SB 1868  now prevent any public educational institution from banning non-lethal self-defense weapons, including tasers and pepper spray. Carrying non-lethal weapons on campuses in Tennessee was illegal until the law changed on July 1, 2024.

Continue Reading ››

 Posted on August 29,2024 in Criminal Defense

On May 9th of this year, the Tennessee Governor made the aggravated rape of a child a capital offense. Last year, Florida passed a similar law even though both states’ laws directly contradict Supreme Court decisions. The Supreme Court Justices found in more than one case that a crime that does not result in death may not be punished by death.   

This TN law amends TCA Title 39, Title 40, and Chapter 1062 of the Public Acts of 2022.  Prior to the new law, aggravated rape of a child was a Class A felony, with a maximum sentence of life in prison without the possibility of parole unless the defendant was a juvenile at the time of the offense.  If you have been accused of any type of sex crime, especially one against a child, you may have already been tried and found guilty in the court of public opinion.

There is a stigma attached to sex crimes that can be difficult to shake, even when the defendant is found not guilty of the crime. Having an experienced Union County, TN child sex crimes attorney from Jeffrey Coller, Knoxville Criminal Defense Attorney helps to ensure that justice rather than vengeance takes precedence and that you receive a strong defense.

Continue Reading ››

 Posted on August 09,2024 in Criminal Defense

A new Tennessee law increases the punishment for assaulting a law enforcement officer. Known as the "Back the Blue Act," HB1881 and SB2062 significantly increase penalties for a crime that was a Class A Misdemeanor prior to the Act and is now a Class E felony. The Back the Blue Act separates police officers from other first responders, making it a more serious crime to assault a police officer.  

Assault is a serious crime in Tennessee and should be taken seriously. If you have been charged with assault, depending on the circumstances and facts surrounding your arrest, you could face a wide range of harsh penalties if convicted.

Continue Reading ››

 Posted on July 25,2024 in Criminal Defense

Last November, the National Park Service requested help from the public in identifying those responsible for starting a fire in Great Smoky Mountains National Park. A park spokesperson stated that intentionally setting a fire in the park—except in designated rings or picnic areas—is always illegal and extremely dangerous.

While campfires are usually allowed in the National Parks of Tennessee—unless a drought triggers fire bans—when a fire is deliberately set, a federal investigation will likely ensue. Federal charges occur when a crime violates federal law or when the criminal offense occurs on federal property, including national parks, federal prisons, and military bases. Crimes that occur on American Indian territory can also be considered federal crimes.

While a fire in a forest could be accidental, it could also be deliberately set, causing millions of dollars in damage. Arson is a felony with extremely harsh penalties. When charges are federal, those penalties may be even more severe. If you have been charged with arson in a Tennessee national park, it is essential that you have immediate legal representation from an experienced Knox County criminal defense attorney who can also defend federal charges.

Continue Reading ››

 Posted on July 12,2024 in Criminal Defense

Exactly what will happen if you get arrested while enrolled in college depends on a few things. The most important factor is usually what the charges are. Colleges, including the University of Tennessee, are quite used to seeing students get arrested for minor alcohol-related offenses, like public intoxication and underage drinking. If you are arrested for a more serious crime while going to school, the situation could be quite different, especially if your crime involved a victim who is also a student at your university. College students who are arrested need a Knoxville, TN criminal defense attorney who is experienced in working with students who have a lot to lose.

Alcohol and Drug Offenses 

Crimes involving alcohol or marijuana are two of the most common reasons college students are arrested. A few alcohol and drug-related offenses college students are often charged with include:

Continue Reading ››

 Posted on June 27,2024 in Criminal Defense

The weight of a false domestic violence allegation can feel like an anchor dragging you down deeper and deeper into a pit of despair. In Tennessee, proving such claims to be false requires a strategic approach and a commitment to gathering as much compelling evidence as possible. If someone has falsely accused you of domestic abuse and, as a result, you are now facing criminal charges, a dedicated attorney is here and ready to help you.

Understanding How to Pick Apart Fabricated Domestic Violence Claims

When faced with domestic violence allegations, the key to proving the allegations are false begins with collecting evidence that supports your claims. In many cases, documentation plays an important role in revealing the inaccuracies and inconsistencies in the accuser’s claims. This can include gathering statements from witnesses, text messages, emails, and any other relevant communication that contradicts the alleged abuse.

Continue Reading ››

 Posted on June 13,2024 in Drug Crimes

Tennessee is home to numerous national historic sites and national parks. Exploring the parts of the Appalachian Trail that run through Tennessee or the Great Smoky Mountains can be a wonderful way to relax and connect with nature. Some people find that using cannabis enhances their experience in the great outdoors. However, anyone caught in possession of marijuana or any other federally illegal substance while in a national park can be arrested and charged with a federal crime. Being prosecuted at the federal level is an extremely serious matter. If you have been charged with cannabis possession while visiting a national park, monument, or historical site, you need an experienced Knoxville, TN federal crimes lawyer to advocate for you.

What if I Have a Medical Card in Tennessee? 

People who have a prescription can possess and use low-THC, high-CBD products in the state of Tennessee. However, as soon as you enter a national park or other national property, you are no longer within Tennessee’s jurisdiction. Instead, you have crossed into federal property, where federal laws apply. Federal laws do not permit anyone to have THC-containing cannabis products regardless of whether or not they have a medical license.

Continue Reading ››

 Posted on May 24,2024 in Criminal Defense

Some crimes seem more subjective than others. For example, say you are accused of stealing a car from a parking lot. The way you feel about the car’s owner and the way the car owner feels about you do not matter. If someone else owns a car and you break into the car and take it without their permission, it is a pretty clear-cut case of car theft.

 Other crimes are less objectively proven than that. For example, you might express your interest in friends you care about in a more intensive way than other people typically do. One friend might like all the attention you give them and how interested you are in their life, but another might be uncomfortable with it and could end up accusing you of stalking. The consequences of a stalking charge can be severe and affect you for the rest of your life. If you are worried someone might accuse you of stalking, speak with a skilled Tennessee criminal defense attorney who can protect your rights and build a strong defense.

Continue Reading ››