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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 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.

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 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."  

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 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.

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 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.

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 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.

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 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.

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