Posted on March 10, 2025 in Criminal Defense

A recent bill introduced by a state representative (HB 473) would require law enforcement officers to collect DNA samples from anyone in the state arrested for a felony criminal offense. The new bill details procedures for collecting DNA samples and the management of those samples by law enforcement.

If the bill passes, anyone arrested for a felony offense in the state would be required to submit a DNA sample before being released. The DNA samples would be sent to the Tennessee Bureau of Investigation for analysis, where they would be "safely stored" and could potentially be used in future criminal investigations.

The idea behind the bill is that DNA samples could help solve cold cases as well as prevent individuals from committing additional crimes. The representative who introduced the bill specifically mentioned a sexual assault and murder from 1997 of a mother and her son. While DNA was collected at the crime scene, the technology for analysis was not readily available.

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 Posted on February 24, 2025 in Criminal Defense

HB 0167 and SB 033 have been introduced to enact "MaKayla’s Law." This bill amends the offense of reckless endangerment to specifically include the reckless failure to secure or lock a firearm when it results in a child under the age of 13 gaining possession of the firearm and injuring or killing the child or another person.

Unfortunately, far too many tragedies occur from unsecured firearms, and now parents or other adults who failed to secure the firearm could find themselves charged with reckless endangerment. If you are facing charges of reckless endangerment, speaking to an experienced Anderson County, TN criminal defense lawyer can be beneficial.

Why Is MaKayla’s Law Necessary?

Between 2015 and 2023, the state of Tennessee had 158 unintentional shootings by children – the third-highest rate of any state during that time period (following Louisiana and Mississippi). Overall, Tennessee has the 12th highest rate of gun deaths in the U.S., with no laws requiring gun owners to securely store their firearms. Following the Covenant School shooting in Nashville in 2023, lawmakers strengthened protections for the gun industry rather than passing gun safety legislation.

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 Posted on February 11, 2025 in Criminal Defense

According to the Tennessee government’s 2021 report on hate crimes in the state, almost 58 percent of these hate crimes were based on race, ethnicity, or ancestry bias. Of the 77 hate crimes in this category, 49 were committed against Black individuals. About 10 percent of the hate crimes were based on religious bias, and 23 percent were based on sexual orientation bias.

The remaining 9 percent of the hate crimes during that year were committed against those with physical and mental disabilities. The state of Tennessee’s current gun laws and hate crimes have some fairly significant gaps. The hate crime law in Tennessee is narrow, making it a felony known as "civil rights intimidation" to injure or threaten to injure another person with the intent to intimidate them in an unlawful manner from exercising their legal, constitutionally protected rights.

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 Posted on January 27, 2025 in Criminal Defense

This past October, public access to the eastern half of the Franklin State Forest was suspended after serious threats were made that would threaten the safety of visitors to the forest. Claims were made that areas in the forest where loggers were working on a harvest operation had been "spiked." Spiking is a type of forest industry sabotage where a metal rod is hammered into the base of a tree near where a logger or firefighter would cut.

In some instances, the metal rods are placed higher, where they could affect a sawmill. Spikes can damage saw blades, causing flying metal and wood pieces; they can also cause chainsaws to "kickback." These reactions to spikes can result in serious injuries or death. It is believed that the threats were from a group connected to opposition to management practices on forest land.

The Tennessee Agricultural Crime Unit and the Federal Bureau of Investigation continue to investigate the claims, but in the interests of safety, public access to part of the forest remains closed. Because it is on forest land, criminal threats of this nature can result in federal charges with severe penalties. If you have been charged federally with making criminal threats, the best step you can take is to speak to a knowledgeable Knox County, TN criminal defense attorney.

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 Posted on January 15, 2025 in Criminal Defense

Recently, a Jamestown pharmacist was arrested and charged with nine counts of healthcare fraud and six counts of aggravated identity theft in what police are calling a multi-million-dollar healthcare fraud scheme. According to police, between 2018 and 2024, the pharmacist allegedly submitted false claims to Blue Cross Blue Shield, TRICARE, Medicaid, and Medicare for prescription drugs that were either not ordered by a healthcare provider, not actually dispensed, or that were medically unnecessary.

The alleged offenses triggered federal charges, with potential sentences of up to ten years in federal prison for each count of healthcare fraud and two years in federal prison for the aggravated identity theft counts. Federal prosecutors are also seeking a monetary judgment of $6,524,585. The U.S. Department of Health and Human Services, the Tennessee Bureau of Investigation, the Office of Inspector General, and the Department of Defense worked together to investigate this case.

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 Posted on December 27, 2024 in Criminal Defense

Recently, a ten-year-old girl, a football player at Tennessee State University, and a father out for a run were just three of 113 people killed by hit-and-run drivers in the state since the beginning of 2019. The father of two young girls was killed while jogging along Nolensville Pike and was crossing the intersection at Thompson Lane when a white car hit him and left him dying on the side of the road. Witnesses believe the car was driving at speeds as high as 80 mph.

More recently, a 63-year-old pedestrian was killed in a hit-and-run on Magnolia Avenue in Knoxville. Eyewitnesses say two occupants of the black SUV that hit the man got out of the vehicle before getting back inside and leaving the scene. As of November 4, 2024, the driver had not been located. Hit-and-run accidents can be especially difficult to solve because eyewitness accounts are often flawed, and the person who was hit likely never saw the car coming – even if they live through their injuries to tell the story.

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 Posted on December 11, 2024 in Criminal Defense

The majority of those who miss a court date are not deliberately evading justice; they may simply have issues beyond their control. Perhaps a person cannot miss work without risking his or her job or lacks childcare options. Some people who have a court appearance scheduled do not understand the court instructions. Or, as busy as most people’s lives are in today’s world, maybe the court date simply slipped their minds.

Regardless of the reason, an individual who fails to appear is often seen as a fugitive from justice, met with harsh punishments, including additional charges, fines, fees, the necessity of a criminal defense attorney, and jail or prison sentences. While none of these penalties and punishments make attending court easier, they do add to the hardship and instability of those who may already be struggling.

Across the United States, many different responses exist for defendants who fail to appear in court. Most states provide at least a little "wiggle room," including the possibility that there was a valid reason for a missed court date. While Tennessee has always punished failure-to-appear offenses harshly, the penalties for the offense became much more severe as of July 1, 2024.

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 Posted on November 22, 2024 in Criminal Defense

A former Tennessee school bus driver from Jefferson County Schools has been charged with 14 counts of sexual contact by an authority figure. The 56-year-old man was arrested on November 13 after a complaint was lodged, and the Department of Children’s Services investigated. The investigation found camera footage from the buses, resulting in the driver’s employment being terminated.

After a $100,000 bond was set, the defendant posted the bond and is now out of jail. The driver worked for the Jefferson County Schools as a bus driver for almost ten years. Charges of any type of sex crime are extremely serious. If you are facing sex crime charges, it is extremely important that you speak to a knowledgeable Anderson County, TN sex crimes attorney from Jeffrey Coller, Knoxville Criminal Defense Attorney.

What is Sexual Contact by an Authority Figure?

Under Tennessee Criminal Code Section 39-13-509, sexual contact by an authority figure is charged when a defendant engages in unlawful sexual contact with a minor under the age of 18. The defendant must be at least four years older than the defendant, and the defendant must have been in a position of trust or had disciplinary or supervisory power over the minor due to occupational status. That position of trust or power must have been used to accomplish sexual contact. Sexual contact means that the person in a position of trust or power over the minor intentionally touched or kissed the minor’s lips for the purpose of sexual gratification or arousal.

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 Posted on November 07, 2024 in Criminal Defense

A sheriff’s deputy in Shelby County has recently been relieved of duty – with pay – after being arrested and charged with stalking and harassment. The deputy allegedly repeatedly stalked and harassed his ex-wife, using a law enforcement database to track her location more than 100 times. The deputy is currently free on a $1,000 bond.

At least 15 percent of women and six percent of men across the United States have experienced stalking. More than half of the female stalking survivors were first stalked before they were 25 years old. The person doing the stalking is overwhelmingly (80 percent) known to the victims in some way. The risk of stalking victimization is highest for those who are divorced or separated – 34 per 1,000 individuals.

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 Posted on October 24, 2024 in Criminal Defense

Officials report that more than 100 Infiniti brand cars have been stolen in Nashville over the past six months. While Infiniti is not the only type of automobile stolen, it represents the largest number of a single type of car. Any vehicle with a keyless entry or a push-to-start appears to be at risk for motor vehicle theft. It appears that the thieves are using a new type of device that reprograms a key fob, allowing the car to be driven away.

A Nashville locksmith noted that car owners should always lock their vehicles, set the alarm, consider an aftermarket alarm, park the car inside a garage or fence rather than on the street, and keep their key fob in a Faraday bag at night. A Faraday bag is an enclosed, sealed unit that prevents signals from being sent due to the multiple metallic layers. Because there have been so many car thefts and carjackings recently, the state has published steps to take for those who have had a vehicle stolen.     

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