Posted on June 10, 2022 in Criminal Defense

The most important thing to focus on during your college education is ensuring excellent grades and taking the time to learn about a future career. Unfortunately, college can also lead to trouble as students experiment, party, and explore newfound freedom. Spending countless hours in the library and studying with friends can quickly feel like a waste if a college student finds themselves with a criminal charge during college. Although criminal records are serious, there are various ways to navigate the future with the help of a skilled attorney

Common Charges for College Students

If you are a college student that has been charged with a criminal offense, you may feel isolated, embarrassed, or alone. However, it is not uncommon for young adults to find legal trouble during college.

Typical charges on college campuses include:

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 Posted on May 11, 2022 in DUI/DWI/BUI

As summer approaches, many Knox County residents are eager to make their vacation plans. Whether you are planning travels to new states or countries or are prepping for backyard barbecues with friends and family at home, there are many rules to remember to stay safe this summer — especially if you plan to go boating. A sunny boat day may be the perfect way to kick off summer for many Tennesseans, so reviewing the state laws for drinking and boating is essential. Just like driving a car, operating a boat comes with strict drinking laws to keep everyone safe for the summer.

Review of Drinking and Boating Laws

Drinking and boating laws are similar to drinking and driving laws. Although it is illegal to have an open container of alcohol in your car, it is legal to drink on a boat. Like driving, any individual operating the boat must remain within the legal alcohol limit, a blood alcohol concentration, or BAC, of 0.08 percent in Tennessee. Any BAC over the 0.08 percent threshold is over the legal limit and can be grounds for a BUI offense. Boaters in Tennessee give their implied consent to have their BAC tested.

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 Posted on May 05, 2022 in Domestic Violence

Domestic violence is defined as a series of patterned, abusive behaviors against a partner or family member. These patterns can range from physical violence to emotional and mental abuse. In Tennessee, domestic violence and abuse include intentionally inflicting physical harm or pain or threatening to inflict harm on a spouse, partner, or family member. Understanding the differences between domestic violence and other violent charges can be confusing, and those accused of violent crimes may feel unsure about their next steps. Here are five frequently asked questions about handling a domestic violence accusation in Tennessee.

How Common is Domestic Violence in Tennessee?

According to a 2021 report from the Tennessee Bureau of Investigations, there were 69,385 criminal offenses linked to or reported as domestic violence cases in the state in 2020. Between 2019 and 2020, domestic violence cases rose by approximately 2.6%. The report states that most domestic violence cases in Tennessee were between boyfriends and girlfriends.

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 Posted on April 21, 2022 in Drug Crimes

Whether you have been charged with possession of drugs for personal use or the intent to sell, a skilled criminal law attorney can determine what defense strategy may work for your situation. Although every case has a different set of circumstances, there are some common defenses that an attorney can use to defend their client against these charges, such as procedural errors or challenging evidence the prosecution wants to introduce to the court. The following are some of the most common defenses.

The Drugs Belong to Another Person

A common defense is that the drugs were not yours or that you had no idea they were in the car or house. Your attorney may be able to introduce evidence to cast reasonable doubt to the jury that the drugs were actually yours.

Crime Lab Analysis

Although a drug might look like meth, does not mean that it is meth. The prosecutor must be able to show that a seized substance is the drug it claims to be by sending it to a crime lab and having it tested. The analyst must then appear at the trial to testify and present their findings. Depending on the circumstances, your attorney may be able to challenge those findings. One example would be evidence that there was an issue in the chain of custody, causing contamination.

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 Posted on April 14, 2022 in Drug Crimes

The opioid epidemic is killing approximately 70,000 people each year in the United States. It is estimated that each year, there are more than 1.5 million people who struggle with addiction. For many who are addicted, once they cannot get legitimate prescription medications, they often turn to heroin. Every year, more than 50,000 people use heroin for the first time and every year, more than 14,000 people die from heroin overdoses.

While many states have passed laws that are more sympathetic for addicts who commit crimes, focusing more on treatment over punishment, that does not seem to be the case in Tennessee as lawmakers consider a bill that would require all health care providers to notify police of anyone they treat for a drug overdose.

SB 1891

According to wording in the bill, anyone who is “called to tender aid to persons” who are suffering a drug overdose would be required to report that overdose to either the police chief or sheriff of the area treatment was provided. In addition, the health care provider must also report that the individual who suffered the overdose to the District Attorney General’s Office.

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 Posted on March 27, 2022 in DUI/DWI/BUI

One of the most common pieces of evidence used by prosecutors in DUI cases is the result of the defendant’s breathalyzer test. However, a skilled Knox County defense attorney knows that it is not uncommon for breathalyzers to give false readings. While breathalyzer testing is more accurate than other subjective field sobriety tests, breathalyzer tests can still be incorrect or inaccurate.

Breathalyzer Testing

When you are pulled over and the police officer has probable cause that you have been drinking, the officer can administer a breathalyzer test. A breathalyzer test is a chemical test that assesses how much alcohol vapor is on the breath of the individual taking the test. This data generally correlates to an individual’s blood alcohol concentration (BAC) level.

Tennessee is an implied consent state, meaning that by accepting a driver’s license that grants them the right to operate a vehicle, a driver automatically consents to be subjected to chemical testing when suspected of driving under the influence of alcohol. Individuals do have a right to refuse a breathalyzer test, but there are steep consequences for refusal.

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 Posted on March 11, 2022 in Criminal Defense

Under Tennessee law, the majority of people charged with criminal offenses have the constitutional right to be released on bond while their case works its way through the criminal justice system. There are a few exceptions to this law, such as a case where prosecutors are seeking the death penalty or if the person was a fugitive.

The problem under the current system, however, is that there are many defendants who are unable to come up with the bond amount and end up sitting in jail until their case is resolved one way or another. Tennessee lawmakers are considering changes to the current bond system and have introduced three different bills.

Disparities in the Bond System

As of January 31, 2022, there were 24,264 people being held in Tennessee jails. According to the state’s Department of Corrections, 59 percent of those inmates were being held pre-trial. Critics say the bond system goes against the state’s constitution, which they say promises bail for everyone except those who have been charged with capital offenses.

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 Posted on February 23, 2022 in DUI/DWI/BUI

Drunk driving is punishable by significant penalties. Even a first-time conviction for driving under the influence (DUI) results in a 48-hour mandatory jail sentence, heavy fines, and a one-year license suspension. Second and subsequent DUI convictions are punished even more harshly.

If you or a loved one were charged with drunk driving, contact a DUI defense lawyer for help. Your attorney can evaluate the circumstances of the alleged offense, help you gather evidence, and explore your legal options. Your attorney can also represent you in any legal proceedings resulting from the charges.

Defense Strategies for DUI Charges in Tennessee

Fortunately, being charged with a criminal offense like drunk driving does not mean that the defendant will automatically face penalties for the alleged offense. All criminal defendants are innocent until proven guilty. In a DUI case, the prosecution must prove that the defendant was driving while intoxicated beyond a reasonable doubt. A skilled lawyer may cast doubt on a DUI defendant’s guilt by questioning the validity of the evidence against the defendant.

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 Posted on February 07, 2022 in Drug Crimes

On January 25, 2022, the “Free All Cannabis for Tennesseans Act” was introduced and assigned to the Criminal Justice Subcommittee for consideration. This could be a game changer for legal medical and recreational cannabis. With 37 states across the country currently having some form of medical cannabis program, Tennessee can soon become number 38. The bill would overhaul current laws making both medical and recreational marijuana legal. Local governments would not be able to override proposed laws, but they could vote to ban the sale within their jurisdictions by a two-thirds vote. Several benefits for consumers could be available in the near future, but familiarizing yourself with all the rules and regulations is key. Until that time, it is important to remember that possession of cannabis is still illegal.

What Happens if You Are Caught With Cannabis in Your Possession?

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 Posted on January 24, 2022 in DUI/DWI/BUI

If you have ever seen red and blue lights flashing in your rearview mirror, then you are already familiar with the fear and nervousness that being pulled over on the road can invoke. It is never fun to realize that you are being pulled over by the police

If you know that you had been drinking prior to getting in the car and driving on the road, then you probably have a sinking feeling in your stomach that you are being pulled over under the suspicion of driving while intoxicated

Even so, do you have to tell the police that there is alcohol in your system? And must you participate in a field sobriety test simply because you are asked to step out of your vehicle and consent to the testing? The answers to these questions are important to know in case you find yourself in a situation where you are asked to take the field sobriety test in Tennessee

What is a Field Sobriety Test? 

A field sobriety test is a series of actions that test a driver for intoxication. While the most popularized field sobriety test is the one in which people are asked to walk in a straight line, there are actually three tests that police officers conduct during a field sobriety test

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