Posted on December 19, 2019 in Drug Crimes

State policies regarding marijuana have been under deliberation throughout the United States for the past decade. With many states legalizing cannabis for medical and recreational use, Tennessee is one of the few states that has made little progress on the matter, aside from its farming population. In 2018, the hemp growing industry was legalized federally, meaning licensed farmers can grow this crop. Opening up this industry to Tennessee farmers has made the state one of the leading producers in the country. According to a USA Today report, Tennessee has seen a 1,581 percent increase of hemp farmers throughout the state, with 3,800 registered growers as of November 1, 2019. These farmers are licensed to grow up to 51,000 acres of hemp throughout Tennessee, which equates to approximately 10 percent of all of the licensed acreage in the United States. New federal regulations have been released for those participating in the 2020 planting season, and with Tennessee’s high percentage of participation, it is important that state farmers and consumers understand the rules being established to avoid facing drug charges.

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 Posted on December 06, 2019 in Criminal Defense

It is fairly well-known that the legal drinking age is 21, making the consumption of alcohol for anyone under this age limit illegal. This has been the legal drinking age in the United States since 1984, when President Reagan signed the National Minimum Drinking Age Act, increasing the legal age from 18 to 21. Since this age limit exists, there are numerous other criminal charges that can be tied to underage drinking. It is important to understand the possible charges that your child may be facing to ensure that you can address these issues and determine the best strategies for defense.

The Various Offenses in Detail

Minors and alcohol are a bad mix, especially in the eyes of the law. What many teens fail to recognize is that they can face legal consequences even if they are not the ones drinking. The following are some of the charges Tennessee minors can face when alcohol is involved:

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 Posted on November 26, 2019 in Criminal Defense

Most states have laws that exempt those who injure or kill someone from prosecution if they did so in self-defense. Tennessee is one of these states, and it is important for all of the state's residents to know the details of these laws in case they ever fear for their own safety. For anyone facing charges of murder, it is important to work with a skilled criminal defense attorney who has a detailed understanding of the applicable laws regarding self-defense. 

Standing Your Ground in Tennessee

“Stand your ground” laws are some of the most common forms of self-defense legislation implemented throughout the United States. Under these laws, individuals are allowed to use deadly force for self-defense if they fear that they are in imminent danger of serious injury or death by another person. Some state laws include a "duty to retreat," in which a person is required to attempt to retreat or run away from an alleged attacker before they are allowed to resort to deadly force in their own defense. However, Tennessee is not one of these states. In Tennessee, if someone enters your home, property, motor vehicle, or a hotel room that you are occupying, you are legally allowed to defend yourself, and you do not need to attempt to retreat before doing so. Experiencing “imminent fear” is one of the only requirements for using deadly force under the state's “stand your ground” law.

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 Posted on November 07, 2019 in Drug Crimes

Drug charges are very common throughout the United States, and Tennessee is no exception. With 80 percent of Tennessee crimes being related to drugs, the state takes drug charges seriously for all offenders. Like all other crimes, those involving drugs are measured on a scale depending on the situation. In other words, some drugs and actions lead to harsher consequences than others. The public may be warned against drug use; however, the legal consequences for controlled substances are not always explained well. This can leave many people unprepared when facing drug charges.

Tennessee Drug Schedules

Controlled substances, also known as drugs, have different levels of effects, making some more dangerous than others. The government analyzes these "danger levels" and creates a hierarchy of charges. This list of controlled substances and their consequences are known as "drug schedules." The federal government classifies all controlled substances into categories to create general drug schedules; however, states often adjust these schedules. Tennessee has seven schedules that rank these substances, with the most serious drugs in the first schedule:

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

Driving under the influence (DUI) is a serious crime, regardless of where you live in the United States. Driving with a substantial amount of alcohol in one's system impairs a driver's ability to drive in a safe manner due to delayed response times and altered senses. According to the Tennessee Department of Safety and Homeland Security, there have been 68,886 alcohol-related traffic crashes since 2009 -- and this is just in Tennessee. The law has limited the amount of alcohol legally allowed in a person’s system for this very reason

How Much Alcohol Is Considered Illegal?

Those with a blood alcohol concentration (BAC) of .08 percent or more are above this “legal limit” in Tennessee. This number is abstract to most, making it difficult to “calculate” what your BAC is before getting behind the wheel. It is impossible to give an exact formula, since all body types are different. However, one can estimate that for every one drink, your BAC increases by about .02 percent. In other words, many people reach their driving limit at four or five drinks.

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 Posted on October 07, 2019 in Criminal Defense

The evolution of technology has provided the world with many benefits that facilitate communication regardless of one's location. People can reach each other through many means of communication, allowing them to stay in touch and be connected in a different way than ever before. Despite the advantages that come from such technological advancements, there are many dangers that have also emerged, some of which are considered crimes. Crimes involving technology are very common among juveniles, leading to life-altering legal consequences.

What Is "Sexting"?

The term "sexting" is a slang word used to describe the act of sending sexually explicit messages to another person. This can include photos and videos that contain nudity and/or show sexual acts. Text messages that discuss or suggest sexual acts are also considered sexting. Since many children and most teens have cell phones, this legal issue has exploded in the last decade.

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 Posted on September 23, 2019 in Criminal Defense

It is no secret that sex offenders can lose many rights if convicted of a crime. This is especially true of those who have been found guilty of a sex crime against a minor. While all offenses are recorded and become part of the public domain, sex offenders have a separate “registry” that is easily accessible and can ruin the offender’s future in many ways. Recent Tennessee legislation is making the legal consequences for sex offenders even harsher, possibly kicking them out of their own homes.

What Is the New Law?

This past May, Senate Bill 425 went into effect after Tennessee state senator Joey Hensley introduced the bill. Among other things, the law banishes those convicted of a sex offense against a minor (under the age of 12) from their home if they have a child living there. This was signed into law by Governor Bill Lee on May 10. Those who fall under the qualifications were notified that they had until July 1 to move out of their home, or they could face possible arrest or prosecution. This law was created to mirror similar legislation in Alabama.

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 Posted on September 09, 2019 in Traffic Violations

As a driver, seeing red and blue flashing lights in your rearview mirror is never a good feeling. The officer comes to your window, tells you what you did wrong, and usually writes you an expensive ticket. This can create a dent in your bank account and cause your car insurance rates to skyrocket. What many do not realize is that paying the ticket does not make the violation disappear. Like many other states, Tennessee utilizes a “point system” to track driving violations and keep drivers in check

What Is the “Point System?”

As indicated by the name, the point system adds penalty points to a person’s driver’s license and record with every violation. These points accumulate over time and can lead to bigger consequences than a high-dollar ticket. The value of demerit points is dependent upon the severity of the violation. More serious violations will result in more points and thus, harsher legal consequences. Drivers who accumulate 12 or more points in a single year will have their license suspended for 6 to 12 months. In other words, there is a chance that those who regularly do not follow the rules of the road could lose their driving privileges

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 Posted on August 16, 2019 in Criminal Defense

When someone thinks of theft, he or she might imagine someone taking an item off a shelf or an individual breaking into a home to take another person’s belongings. Both are forms of theft; however, this crime and the charges associated with it include more than just these two descriptions. All crimes involving theft are known as property crimes and the two that often get confused are burglary and robbery. While they may look synonymous on television, the two offenses are defined differently by Tennessee legislation.

What Is Burglary?

All criminal offenses have classifications that must be met in order to be charged with that particular offense and burglary is no exception. Acts that include the following criteria are classified as burglary in Tennessee:

• Unlawful and Forcible Entry: If one does not have express permission to enter a building or residence, it is considered unlawful. Forcible entry does not have to be as dramatic as it sounds. The only forms of entry not considered “forcible” are walking through an open door or climbing through an open window. Even if an individual turns a door handle or moves a window screen to enter, he or she has “committed” forcible entry.

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 Posted on August 06, 2019 in Criminal Defense

Like many other states, Tennessee has made changes to its gun laws--more specifically, its concealed carry law. What sets Tennessee apart from many other states is that rather than tightening its legislation regarding concealed carry, Tennessee is fighting to protect its residents’ Second Amendment rights. Recent legislation has changed the state’s previous rules regarding concealed carry. Changes to gun laws can cause confusion or misunderstanding for Tennessee residents, resulting in potential weapons charges that have serious consequences.

What Are the General Firearm Laws in Tennessee?

Tennessee is known as a “shall issue” state when it comes to concealed weapons permits. In other words, if an applicant has the basic requirements set by the state law, the issuing authority is compelled to issue a permit. Tennessee is not alone: 41 other states have followed suit. Purchasing a handgun from a private individual does not require a permit, a background check, or a firearms registration. If a gun is not loaded, and the ammunition is not immediately nearby, open carry is legal with or without a permit. However, the state prohibits the possession of a firearm “with the intent to go armed,” and an individual must be at least 18 years old to do so. Of course, there are certain locations where carrying a firearm is off-limits, such as schools and government buildings.

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