Shults Law Office

You can exercise your rights during a traffic stop

Thu, 02 Apr 2020 20:55:00 GMT

Flashing lights in your review mirror are intimidating, and when you realize you are the driver required to pull over, your concerns could increase. How will you afford to pay for a ticket? What if the police take you into custody? Will you lose your job because of this? Now imagine how you might feel if you had been drinking.…

Why creditors don’t want to violate stay orders

Thu, 05 Mar 2020 06:00:00 GMT

Those who file for bankruptcy in Tennessee or any other state will usually receive an automatic stay from creditor collection activities. In one case, a debtor's divorce attorney claimed that she owed $10,000 in legal fees that were accrued before the Chapter 7 case was filed. Therefore, he didn't believe that he had any legal obligation to stop pursuing a judgment against her. However, the bankruptcy court determined that any property that wasn't liquidated prior to the case being filed still belonged to the bankruptcy estate.

Therefore, he was ordered to stop his pursuit of the funds. By failing to do so, the attorney was held in contempt and ordered to pay $2,400 to the debtor. That was the amount the woman was charged by her legal counsel to pursue the contempt motion. In making its ruling, the court found that the automatic stay had been violated because the creditor tried to exercise control over the debtor's property.

Three elements must be met before it can be determined that a creditor is in contempt for violating an automatic stay. First, a party must show that a violation occurred and that this violation was willful. Finally, it must be shown that violating the stay resulted in economic harm to the debtor.

Individuals who file for bankruptcy may want to do so with the assistance of an attorney. Legal counsel could help protect a debtor from any efforts to violate an automatic stay . Generally, creditors are only allowed to contact a debtor's legal representative after they file for bankruptcy protection. In addition to an automatic stay, debtors may also benefit from an ability to renegotiate loan terms or to have unsecured debt balances discharged relatively quickly.

How to obtain a liquidation bankruptcy

Wed, 19 Feb 2020 06:00:00 GMT

Tennessee residents and others who are struggling to pay their debts may qualify for Chapter 7 bankruptcy. In such a proceeding, a debtor's assets may be sold, and the money that a trustee is able to collect will be used to pay off some or all existing creditors. If there is not enough money to pay off a balance, whatever remains will likely be discharged. There are several criteria that must be met before an individual is allowed to file for liquidation bankruptcy.

First, a debtor cannot file for a personal Chapter 7 bankruptcy on behalf of an LLC, corporation or a partnership. Only individuals, debtors filing jointly with a spouse or those who are operating as sole proprietors may do so. Next, a debtor must show that his or her income is below the median in the state for a household of his or her size. This is referred to as the means test.

Those who fail the means test may be required to file for Chapter 13 bankruptcy. Debtors cannot file for Chapter 7 protection for eight years after receiving a discharge under this portion of the bankruptcy code. They must wait six years after a Chapter 13 discharge to file for a new liquidation bankruptcy. In addition, debtors generally cannot file for protection from creditors less than 180 days after a case has been dismissed.

Filing for bankruptcy may put an end to creditor phone calls or other collection activities. It may also allow a person to get rid of unsecured debts without losing property or making future payments to creditors. Debtors may benefit from hiring an attorney to help their cases. An attorney may describe additional potential benefits to declaring bankruptcy as well as how to meet credit counseling and other requirements.

Tennessee raises penalties in DUI cases

Wed, 05 Feb 2020 06:00:00 GMT

People accused of drunk driving in Tennessee may face more severe penalties in case of a conviction, especially if they have multiple DUI convictions on their record. The state legislature has revised the criminal penalties associated with drunk driving, with some people facing years in prison as a result. In most cases, sentences are not associated with first-time DUI convictions, but an initial conviction can make it more difficult to avoid incarceration later on.

Under House Bill 167, several additional categories of penalties were created for people with multiple DUI convictions. It created a category for people who were convicted of their fifth DUI offense and required that those who were convicted seven times for drunk driving serve 100% of the maximum sentence allowed. In the past, people convicted of DUI typically received at most a six-year sentence in prison, even after multiple convictions. In most cases, they were eligible for release after serving 50% of that time. The bill increased the maximum sentence to 15 years and requires people to serve at least 60% of their sentence.

For people with fewer DUI convictions, they may face a license suspension or revocation, which can prevent them from traveling for work, school or family purposes. In order to receive a restricted license allowing them to travel, people must often install an ignition interlock device. They must blow into the device and get a favorable reading before they are able to start their cars.

While many support the use of these devices, especially as an alternative to incarceration, they can be costly, especially on top of the thousands of dollars in fines often linked to a drunk driving conviction. People accused of DUI may consult with a criminal defense attorney about how best to protect their rights.

Prevent money trouble post split by being involved in marriage

Mon, 20 Jan 2020 06:00:00 GMT

Finances is one of the most important concerns when Tennessee couples get divorced. Recovering from the financial hit divorce often brings can take a while. One way to make this easier, however, is to be involved in all decisions made about finances during marriage.

According to a study by Fidelity Investments , it takes about five years for people to recover emotionally and financially from divorce. However, people who were not actively involved with their finances during marriage can take much longer than that. For some, the divorce process brings financial surprises, with 14% of people discovering debt they were unaware of and 10% finding out about assets they did not know existed.

To avoid the financial surprises that can arise during the division of property in a divorce, experts recommend being aware and involved with all aspects of finances during marriage, including long-term planning, such as investments and retirement accounts. Both spouses should be knowledgeable about account balances, debts and income tax returns. As well, couples should communicate often about finances and both should be involved in major decisions such as buying a house. Finally, couples should be realistic about finances and how they can change during the life of a marriage. They should also think about how money would be handled in case of a divorce in the future. For this, it is recommended they get a prenup or postnup, which can set up the terms of separate property and how certain assets will be handled if the couple does break up. They can also use trusts to keep some assets separate.

If couples do decide to divorce, they might each seek the guidance of a lawyer with family law experience. A lawyer may be able to provide answers to legal questions, help their client design a divorce strategy and post-divorce plan and represent their client at court and in negotiations.

Keep needs of the children in mind when creating a parenting plan

Fri, 03 Jan 2020 06:00:00 GMT

Tennessee co-parents want what is best for their children. This means that they must design an effective parenting plan. Cooperation between the parents is a must for a plan to work. Also, the plan should be created according to what the children need as they go through different stages of their lives.

It has been recommended that babies and toddlers spend the majority of their time with a primary caretaker. They need consistency. The co-parent who is not the primary caretaker should visit a couple of times a week and spent several hours with the baby or toddler. Each parent should spend a reasonable amount of time with their young children each week in order for them to develop a healthy attachment to them.

The visitation plan can be adjusted as a child gets older. Younger children usually have a school routine and independent activities that add structure to their lives in addition to the time they spend with their parents. This means that they have the ability to cope better with the time that is spent outside of the primary caretaker's home. It is also common for children who are younger to have an open attitude toward the non-primary caretaker.

As the children get older and become teenagers, some time needs to be factored in for their social lives. Teens are likely to have busy schedules, but parenting time is still essential.

Flexibility is needed when it comes to developing an effective co-parenting plan. Some co-parents feel concerned that the other co-parent is not cooperating or often fails to hold up their end of the agreement. After a person has been through a divorce, an attorney may answer questions they have about custody and visitation . An attorney may also be able to adjust parenting plans or even help one parent seek full custody.

Student loans and bankruptcy

Tue, 24 Dec 2019 06:00:00 GMT

Many people living in Tennessee and around the country struggle with student loan payments. Despite their best efforts, they often find that they have difficulty keeping up with their loans and other expenses.

Some of these student loan borrowers may wonder if it is possible to discharge their student loan debt in a Chapter 7 bankruptcy. Unfortunately, the discharge of student debt in bankruptcy is relatively rare.

Federal bankruptcy reform in the mid-1990s resulted in significant restrictions on the dischargeability of both private and government student loan debt. Debtors who wished to have their student loans discharged would have to request a special bankruptcy court proceeding.

During this proceeding, the court would apply the Brunner Test to the debtor's situation. If the debtor can show that he or she has made a good-faith effort at repayment but can't maintain a reasonable standard of living while making payments and that current financial hardship isn't expected to go away anytime soon, the court may discharge the debt.

This is a very high standard and one that most student loan debtors cannot meet. However, there are alternatives to bankruptcy for borrowers. One is to apply for an income-based repayment plan that can sharply limit the size of a monthly student loan payment.

Of course, Chapter 7 bankruptcy may still be a good option for student loan debtors who have other dischargeable debts. Bankruptcy could remove the burden of other monthly payments and allow a debtor to redirect his or her efforts toward making student loan payments. An attorney may be able to review a client's case and make recommendations regarding debt relief, including both Chapter 7 and Chapter 13 bankruptcy.

Racial gap persists in criminal justice system

Wed, 11 Dec 2019 06:00:00 GMT

Criminal justice reform advocates in Tennessee and across the country have highlighted racial disparities in incarceration rates, noting that the legal system has been unfair to black Americans. These racial gaps have continued decades after the end of Jim Crow segregation, exacting devastating effects on communities of color. One study finds a reason for optimism in the declining gap in racial incarceration rates. However, the gap persists, and there are other serious issues for concern, experts note.

In the United States, black people are still more likely to spend time in prison than white people, and in some cases by multiple times over. Still, according to the Council on Criminal Justice, the incarceration rate gap has dropped dramatically over 16 years of statistics. The council is a nonpartisan association that involves government officials from both major political parties, advocates for criminal justice reform and police representatives.

In the year 2000, according to the Council's report, black individuals were 15 times likelier to be put in prison than white people for drug crimes. By 2016, that multiple had dropped to five times, although still a cause for serious concern. Drug offenses , particularly nonviolent drug convictions, were a common target of reform efforts. In addition, widespread social and legal changes, like the opioid epidemic and cannabis legalization, have led to changes in drug criminalization and enforcement.

Experts noted that black people continue to face higher rates of arrest, especially as police operations may focus more heavily on neighborhoods of color or poor neighborhoods affected by specific types of crime. In addition, black defendants continue to receive higher prison sentences than white defendants.

Whatever a person's race, facing criminal charges can carry lifelong consequences, including jail time, heavy fines and a felony criminal record. An attorney who specializes in criminal defense may assist people of crimes with challenging police and prosecution allegations and strive to avoid a conviction.

Determining whether a prenuptial agreement is necessary

Mon, 25 Nov 2019 06:00:00 GMT

Some people in Tennessee may think of a prenuptial agreement as something that only wealthy people need. A prenup describes how property will be divided if a couple gets a divorce. A spouse might also waive the right to claim alimony using a prenup. For some people, a prenup might seem like preparation to divorce before the marriage has started.

However, a prenup can protect the property that people bring into a marriage. While this is supposed to be separate property, the reality is more complex. If marital funds are mingled with separate property, that property could be considered marital property in the event of a divorce. An example might be income earned during the marriage used to pay the mortgage on a home that one person has owned since before the marriage. Since income may be considered shared property, even if the home remains in one person's name, the other spouse might be able to claim part of its value during a divorce.

Prenups can be useful in other ways. For people who have children from earlier relationships, prenups can be crucial to ensuring that if the parent dies, assets pass to the children and not to the new spouse.

Couples who do not have a prenup may still be able to reach an agreement about property division using mediation instead of going to court. An advantage of mediation over litigation is that it is not an adversarial process. Instead, its focus is on trying to find a solution that suits all parties. While property division in Tennessee is supposed to be equitable, couples may still come up with creative solutions that allow each of them to keep the assets that are most important to them. Even with a prenup, couples with children must still reach an agreement on child custody and support.

Survey finds people willing to go into debt for holidays

Wed, 13 Nov 2019 06:00:00 GMT

The holiday season may tempt some Tennessee consumers to use their credit cards for gifts and other spending. According to a survey by CreditCards.com, around half of Generation X and millennials and around one-third of baby boomers said they would be willing to take on credit card debt for the holidays. People who were already in debt were more willing to take on more for the holidays than those who had none. Half of the respondents who had debt said the holidays were a good reason to take on more compared to one-quarter of those with none.

More men than women were willing to go into debt for the holidays. Half said they would compared to 41% of women. Most respondents said they planned to pay more than the minimum monthly amount, and more than one-third said they would cut back on their spending .

Some surveys contradict themselves regarding how willing millennials are to take on credit card debt. Traditionally, they have been wary of credit cards, but they are the most likely to apply for store cards as well as the most likely to be rejected. According to a survey by Affirm, more than two-thirds of respondents said they would not take on more debt for the holidays.

Credit card debt is not the only reason people become overwhelmed by bills. Many people who end up filing for bankruptcy do so because of medical debt or as a result of job loss or a divorce. When this happens, they may want to consult an attorney about their options. People may have some wrong ideas about bankruptcy. For example, they might think they will lose all their assets or that they will never be able to rebuild their credit. An attorney may be able to clear up these and other misconceptions and work with the client throughout the process.

Keeping control of personal finances during a divorce

Wed, 30 Oct 2019 05:00:00 GMT

It's no secret that money problems are near the top of the list as to why Tennessee couples and others throughout the country divorce. Some divorced individuals blame debt and student loans on the reason for their divorce. Divorce can also leave individuals struggling to pick up the pieces in a financial sense. Here are a few things individuals can do to stay in control of their finances during the divorce process.

Financial accounts should be updated as quickly as possible in order to be sure that beneficiary designations are accurate. If a person does not want their ex-spouse to be the beneficiary on banking and investment accounts, they need to get in touch with financial professionals and designate new beneficiaries.

It is not uncommon for one individual in the marriage to be responsible for financial tasks, like paying bills and managing accounts. When a divorce is on the horizon, each partner needs to have full access to financial accounts. They need to have a good grasp on their assets and debts, including knowledge of account numbers, contact information and login credentials. Some accounts may need to have holds placed on them temporarily until the divorce process is finished.

It is common for most states to view retirement accounts as marital property . This means that when a couple goes through a divorce, the retirement accounts are likely to be split. It is important for each individual to understand any fees and taxes that may be triggered upon divorce.

It is also necessary to split investment accounts. Some couples may be able to do this by simply speaking with the financial institution and then making an agreement on how these investments will be split. Other couples need mediation. A family law attorney may be able to provide information about how a couple's assets and debts could be split during a divorce.

When can a police officer search my vehicle?

Thu, 24 Oct 2019 05:00:00 GMT

It can be alarming and confusing when a police officer asks to search your vehicle after pulling you over. They may phrase it in such a way that you feel you can’t refuse. However, you have the right to refuse a search request. A police officer must have probable cause in order to conduct a search on your car.

Elements of probable cause

Probable cause means that a police officer must provide a reasonable motive for searching your car. They cannot simply conduct a search because of a “feeling” or “hunch.” An officer must have a search warrant, your consent or physical evidence before they can begin to search your vehicle.

Refusing a search request

You might feel pressured or guilted into allowing a police officer to search your vehicle. However, the Constitution protects you against unreasonable searches, even when you’re in your car. Here are some tactics to use when refusing a police officer’s request to search your vehicle:

When you are faced with a situation like this, it can be scary and overwhelming. Knowing how to navigate a police officer’s questioning is important when protecting your rights . If you require additional help, an experienced criminal defense attorney may help you find the best possible outcome for your case.

Determining when bankruptcy is the best option

Thu, 17 Oct 2019 05:00:00 GMT

Bankruptcy is a tool that some Tennessee residents have used to get control of their finances. However, deciding to file for bankruptcy is never an easy decision. For example, some individuals may have over $20,000 in credit card debt along with a car loan and wonder if bankruptcy is the best option for them.

In some cases, filing for bankruptcy can mean a fresh start for someone and give them the ability to get back on their feet. The best thing that they should do is have a clear understanding of how much debt they owe, how much income they receive and how much they own in assets. Once a person has a clear grasp on these numbers, they can decide if paying off their debt is doable as opposed to filing for bankruptcy. If a person has $20,000 in credit card debt, paying off the debt is likely more doable for someone who makes $70,000 a year as opposed to someone who makes $30,000 a year.

Individuals who are considering debt settlement need to be extremely cautious. Since attorneys are usually not involved, these settlements are usually best for the creditor, not the debtor. The individual with the debt may be offered a better deal if they are represented by an attorney because the company will likely want to avoid the extra expense associated with litigation.

There are some advantages that come from filing for bankruptcy , including that a person can start saving money and will not have to pay taxes on debts that have been discharged. However, not everyone qualifies for bankruptcy. A person may wish to speak with a bankruptcy attorney to learn about the qualifications for filing. The attorney may be able to provide other information, including how to file the paperwork and when it needs to be done.

Student loans can sometimes be discharged in a bankruptcy

Mon, 30 Sep 2019 05:00:00 GMT

student loans

Chapter 7

Tips for planning a sober ride home during the holidays

Tue, 17 Sep 2019 05:00:00 GMT

With many holiday seasons peppered in throughout the end of this year, celebration is often in order! Gatherings with family and friends spring up, bringing hugs, food, and more specifically, drinks. And while the revelry is enjoyable, you might be visiting loved ones out of state, and need to return to a hotel room after the celebration winds down.

Whether you’ve had two beers or several shots of liquor, taking the full time to sober up is crucial. If you don’t, you might put yourself and others in danger when you turn the key in the ignition. Here’s what to keep in mind when the liquor is flowing later this year.

Tips for safety during the holiday season

As the holiday seasons approach, you’ll likely attend gatherings with ample liquor. If you don’t plan on staying the night, making sure you’re in good condition to drive is critical. If you plan on drinking, the best choice is to ask for a ride or to get a cab (or similar ridesharing service). But if that isn’t available, being more vigilant about your consumption is a must. If on your way back you get pulled over and charged with a DUI, you can learn more about what awaits you and the options for your defense by contacting a legal professional.

Rise in prenups attributed to millennials

Mon, 16 Sep 2019 05:00:00 GMT

Millennials who live in Tennessee might be more likely than their parents did to want a prenuptial agreement. Nearly two-thirds of the attorneys in a survey by the American Association of Matrimonial Lawyers said there had been a rise in couples asking for a prenup, and of those, over half said that more millennials were requesting them.

There may be a number of reasons for this rise. Millennials are investing more and tend to be financially cautious. They are marrying later than previous generations, and this could mean they have more assets when they enter the marriage that they hope to protect. A prenup can also be used to protect future earnings or assets. For example, a person may want to protect an expected gift or inheritance. A prenup could specify that a higher-earning spouse is not responsible for paying alimony to the other spouse.

People's ideas about prenups have changed as well. For most millennials, there is no stigma attached to a prenup. There also used to be a widespread belief that a prenup would make divorce more likely, but this has been largely discredited. Women, in particular, may be more likely to seek a prenup as their presence in the workforce continues to grow. Another survey by the AAML reported that women are increasingly responsible for paying alimony.

Without a prenup, a couple who is getting a divorce will have to reach an agreement on how to divide their property or go to court where a judge will do it. Many couples prefer to avoid litigation if possible. Mediation may help couples negotiate an agreement they are both satisfied with even if there is a significant amount of conflict in the divorce. While litigation takes a more adversarial approach, mediation works toward finding a cooperative resolution for both parties.

Certain veterans’ benefits protected from creditors by HAVEN Act

Wed, 04 Sep 2019 05:00:00 GMT

Veterans of the U.S. military make up a disproportionately large percentage of people who file for bankruptcy. Almost 15% of those who file for protection under Chapter 7 or Chapter 13 of the Federal Bankruptcy Code are military veterans; the group makes up only around 10% of the population overall. During the year 2017, roughly 125,000 military veterans in Tennessee and across the country filed for bankruptcy. A newly passed federal law will provide greater financial protections to veterans who file for bankruptcy.

The law is called the Honoring American Veterans in Extreme Need Act of 2019, or the HAVEN Act. Prior to its passage, disability payments received from the Department of Veterans Affairs or the Department of Defense were included when the bankruptcy filer's disposable income was calculated. These payments were reachable by creditors even after a veteran had filed for bankruptcy, that is. Disability benefits from the Social Security Administration were already excluded from these calculations.

Under the terms of the HAVEN Act , disability benefits from the VA or DoD are excluded from disposable income calculations and protected from creditors in the same way as Social Security disability payments. The HAVEN Act specifically protects permanent and temporary disability retired pay, disability severance pay, combat-related special compensation, VA veterans pension funds, special survivor indemnity allowances, VA indemnity and dependency compensation and VA disability compensation. The Act was passed in the Senate and the House with bipartisan support.

Veterans and others in Tennessee who are struggling to pay off their debts might want to speak with a lawyer about debt reduction or elimination options. A lawyer who practices bankruptcy law might be able to help by reviewing the facts of the person's situation and suggesting a Chapter 7 bankruptcy or Chapter 13 bankruptcy filing to protect the debtor from creditors. A lawyer may help the person complete pre-filing requirements or represent him or her at the meeting of creditors.

Bankruptcy filings by seniors continue to rise

Mon, 19 Aug 2019 05:00:00 GMT

The number of bankruptcies filed in Tennessee and around the country by individuals 65 years of age or older is five times higher today that it was just 25 years ago, and one in seven petitions are now made by senior citizens. These are just two of the worrying trends identified by the team of academics behind the Consumer Bankruptcy Project.

The trend is expected to continue for several more years as the baby boom generation retires. Experts say that older Americans are running into financial problems because they are living longer and face increasingly high medical expenses not covered by Medicare. Few senior citizens have company pensions and their savings are often scant, which prompts many of them to turn to easy forms of borrowing like credit cards to make ends meet. According to a U.S. Federal Reserve survey, almost half of Americans over the age of 75 are carrying at least some debt. In 1989, that figure was about 20%.

The widening wealth gap is also playing a role. The household wealth of upper-income Americans had recovered completely from the 2008 financial crisis by 2016, but middle and low-income families are still struggling. According to figures from the Transamerica Center for Retirement Studies, almost one in four retirees in the United States earns less than $25,000 per year.

Older Americans were raised by a generation that endured the Great Depression and World War II, and they are often reluctant to file for bankruptcy because of they were brought up to believe that people should always pay their debts. Attorneys with experience in this area could dispel many of the myths surrounding personal bankruptcy and explain how the nation's debt relief laws were written to give Americans an escape from overwhelming bills and the chance of a fresh start.

Survey finds emotional reasons for divorce

Wed, 07 Aug 2019 05:00:00 GMT

The main reasons some people in Tennessee get a divorce might differ from reasons for divorce in previous decades. A study that appeared in the "Journal of Sex and Marital Therapy" suggests that ideas about marriage and grounds for divorce may have shifted.

The study surveyed more than 2,300 people who were straight and recently divorced. More than one-quarter said the divorce was high-conflict compared to 40% who said their divorce was low or very low in conflict. Whatever the divorce itself was like, the top reason cited for a marriage ending had to do with too little intimacy or love. Almost half of all respondents selected this as a reason. Nearly as common was communication problems , cited by 44%. The third most common was a lack of respect or trust while the fourth most common was simply growing apart.

Researchers noted that the reasons were based in emotional fulfillment and theorized that such reasons as violence and addiction had become less common reasons for divorce. The reasons for the divorce also suggest the kinds of values that are important to people in a marriage and seem to indicate that when people feel unfulfilled emotionally, they will leave the marriage.

Whatever the reason for the divorce or the amount of conflict, divorce is rarely an easy process for either person. The couple must decide how they will divide their property and which one of them their children will live with. Child custody can be a particularly fraught issue, but parents may need to separate their emotions from what their children need. Family courts usually take the position that it is in the best interests of the child to have a relationship with both parents as long as the child is safe. Judges may also disapprove of a parent who seems uncooperative with the other parent.

Avoiding a DUI in east Tennessee

Mon, 29 Jul 2019 05:00:00 GMT

When you go on vacation, you get a chance to relax and have fun. Visiting east Tennessee near Pigeon Forge and Gatlinburg provides you multiple options to have fun. The area offers several great restaurants, amusement parks and a backdrop of the Great Smoky Mountains. You can also visit multiple moonshine distilleries.

For some tourists, fun and relaxation can mean drinking and driving. But being on vacation does not prevent from getting a DUI.

Strict Tennessee laws

Tennessee has strict laws when it comes to drinking and driving. A first-time DUI can mean 48 hours to seven days in jail. Fines can be from $350 to $1500. And a judge may take away your license for a year.

Out-of-state cost

In addition to paying the actual costs of the DUI, being from out of state means you may have to travel back to Tennessee for trial proceedings. This can mean taking time off work and paying for travel expenses.

Avoiding a DUI

While many tourists visit east Tennessee, the towns they visit are small. This can mean a lack of transportation options. However, Pigeon Forge and Gatlinburg both have trolley systems . These trolleys run from 8:30 a.m. to midnight during the tourist seasons. They go through the main areas of both towns and stop at several tourist attractions like Dollywood, The Island of Pigeon Forge and Ripley’s Aquarium of the Smokies.

Local taxis are also available in the area. If you are traveling outside of the routes of the trolley system, a handful of taxi services can give you a ride.

These different options give you a choice to have a fun vacation without risking a DUI. This will ensure you have the best time possible while visiting a beautiful and unique part of the country.

Gray divorce may be financially devastating

Thu, 25 Jul 2019 05:00:00 GMT

For people over the age of 50, the divorce rate has doubled since 1990. Unfortunately, the financial consequences of ending a marriage have also become especially pronounced among seniors. Even wealthy Tennessee residents can find the divorce process financially draining.

Spouses who split up after turning 50 are said to be going through the gray divorce phenomenon. This type of separation can be much harder on the parties than divorcing earlier in life. Part of the reason is that older people have less time to recover and rebuild.

According to research, people who divorce after 50 suffer depression at higher rates than those whose spouses have died. A paper published in 2009 indicated that people who are recently divorced have increased resting blood pressure. The financial stress can be even more severe than the physical and emotional stresses.

A survey of 20,000 people in the U.S. who were born before 1960 showed that those who divorce after age 50 can expect personal wealth to decrease by approximately 50%. The separation can be particularly difficult for women. The survey indicates that a divorced woman over 50 experiences an average standard-of-living drop of 45%. This is roughly double the fall for women who divorce at a younger age. For men over 50, research indicates that their standard of living drops 21% following a divorce.

Someone who is considering a divorce in Tennessee might want to speak with an attorney. A family law attorney might be able to help a client plan for the financial changes after a divorce. Legal counsel could also draft and file the petition for divorce or negotiate the terms of property division with the other party.

Dealing with a debt collection lawsuit

Tue, 09 Jul 2019 05:00:00 GMT

Many people in Tennessee struggle to make ends meet. They may be facing mounting credit card bills, medical costs, car loans and more. When people have difficulty paying their bills on time, they may begin to receive calls and letters from collection agencies seeking to be paid for the debt. In some cases, people may even be sued by the debt collectors. Over 70 million Americans have dealt with debt collection agencies, and their tactics can be disturbing at times. Around one-quarter of people felt threatened while dealing with the companies.

It is important for people to understand what they can do if they are sued by a debt collector . People who owe money have rights under the law that must be protected. When people are facing a debt collection lawsuit, they can respond via an official answer through the court. In this document, it can be particularly important not to admit responsibility for the sum owed. Instead, the respondent can demand that the creditor show proof of the debt. Responding in a timely manner can help people avoid additional penalties.

In some cases, people may be able to challenge the collection agency's right to sue. Usually, the companies suing in these cases are collection agencies that bought the debt. They need to get more information to prove that they are authorized to collect the debt, including showing that the debtor signed a credit agreement and that the agency is presenting correct information from the original creditor.

Lawsuits and judgments stemming from overdue bills and mounting debts can be difficult to handle. In some cases, people may benefit from seeking debt relief on a larger scale. An attorney may provide advice and guidance on personal bankruptcy options and how Chapter 7 bankruptcy might be an important step toward a different financial future.

Are child support amounts the same in each state?

Thu, 27 Jun 2019 05:00:00 GMT

Child support amounts vary significantly from state to state. This might be of interest to Tennessee parents who receive or pay child support. While logic dictates that child support payments should reflect the cost of living, a variety of factors actually influence how much child support is awarded in each state. Additionally, while the federal government does provide guidelines, it also allows each state to set up their own formulas for calculating child support.

Child support is one of the most important decisions to be negotiated after a split. The amount of support awarded can make a deep impact in a child's life, so it is a delicate process. Still, according to a study by Custody X Change, a company that provides a web application that helps parents set support agreements, the difference in payment amounts could be as much as 2/3 of the total amount. For example, in Massachusetts, which is the state with the highest average support payment, a divorced parent of 2 children ages 7 and 10, can receive $1,187. However, if they move to Vermont, that amount can decrease by half to $519. Moving south to Virginia can decrease the original amount by as much as 2/3.

There are a variety of reasons for the range in payments . One is that some states do not want to overburden the non-custodial parent with a payment so large that the parent is tempted to abandon the child to stop paying. Another is that some states, for example, do not calculate the custodial parent's income into their formula, leading to payments that are generally $100 higher.

When parents are getting ready to negotiate support , they might contact a family law lawyer who might provide information and guidance. The lawyer may represent them in negotiations with their ex and in court.

Credit card debt increasing for millennials

Thu, 13 Jun 2019 05:00:00 GMT

Since they came of age during the stock market crash on Wall Street in 2008, many millennials have been wary of taking on debt from big banks. Unfortunately, new research shows that unpaid debts on credit cards are increasing for this younger generation. For Americans age 18 to 29, delinquencies 90 days or older surpassed 8%, which is the highest it has been in more than eight years. There are several factors driving this increase.

While older generations tend to favor credit cards with cash-back offers and low interest, millennials are more enticed by immediate rewards, like signup bonuses and extravagant gifts, even though the average interest rates on credit cards is 18%. Some cards have interest rates higher than 25%. Another factor for this debt may be a feeling that the economy is strong and will continue to remain that way.

Compounding the problem of credit card debt is student loans. Many millennials graduate with tens of thousands of dollars owed in student loans, and making those payments along with those for credit cards can be very difficult. Unfortunately, bankruptcy laws passed more than a decade ago make it harder than ever to discharge both types of debt. Student loan debt, in particular, is almost impossible to discharge unless the person can prove some kind of financial hardship.

Millennials or individuals of any generation who have excessive credit card debt may get some relief by filing for bankruptcy. The first step is to consult with a bankruptcy attorney who can analyze a person's financial situation and recommend a course of action. If someone meets the eligibility requirements for bankruptcy, his or her lawyer can help him or her file petitions, negotiate with creditors and make arguments in court.

Judge rules immigrants’ lawsuit can move forward

Thu, 13 Jun 2019 05:00:00 GMT

The Trump administration's focus on U.S. immigration reform was dealt a recent blow in a class action suit brought about by four young-adult immigrants who allege that they were either abused, abandoned, or neglected. Their ultimate goal? To seek Special Immigrant Juvenile Status, which will allow them to remain in the country even if their parents face deportation. The Trump administrators had filed a motion to dismiss the case. A motion that was denied.

What prompted the civil case?

A year ago, the United States Citizenship and Immigration Services (USCIS) started to deny the special juvenile status to immigrants who have achieved the age of 18, or are legally consider adults in the U.S. Four immigrants, all over the age of 18, filed a call action suit in the Northern District of California claiming they were still entitled to receive the status as they alleged they were either abused or left by their parents. The outcome they are seeking is not monetary, but the right to stay in the country.

After filing the class action suit, Judge Nathaniel Cousins granted an injunction to the immigrants, which allowed their case to go forward. This simply meant that the federal government would be prevented from enforcing the new policy and beginning deportation procedures until the case is legally decided.

The immigration agency's motion to dismiss

In the motion to dismiss, filed by the immigration agency, they stated that the recent change to the age of 18 was not, in fact, changing the policy. It was instead clarifying it, giving an age on what they consider to be a juvenile in the country who have the ability to seek special status. Judge Cousins did not agree, saying that the recent change to statue constitutes an action that is worthy for review under the Administrative Procedure Act.

Cousins wrote in his ruling, “defendants cannot avoid review by unilaterally claiming that its rulemaking was merely a clarification of the law and pointing to its lack of a formal process as proof.” He rejected the claims of the administration that the changes should be considered either centralization or guidance.

What is Special Immigrant Juvenile Status?

Special Immigrant Juvenile Status is a way to adjust the status of a minor currently in the country to Lawful Permanent Resident. To qualify for this adjustment of status, there will need to be the presence of abandonment, neglect, or abuse by one or both parents. The minor will have to seek approval through the court system before they are allowed to apply for special status.

Who is eligible for Special Immigrant Juvenile Status?

To be eligible to receive this special status, the minor will be subject to specific requirements including:

Once someone has received Special Immigrant Juvenile Status, there are limitations on their ability to sponsor others. Some restriction placed on them include:

If you are an immigrant seeking protection from deportation by receiving Special Immigrant Juvenile Status, it is essential to find an attorney that knows the immigration process as well as cases like the one mentioned above that can affect the outcome of your case.

Social Security eligibility for divorced spouses

Wed, 29 May 2019 05:00:00 GMT

Divorcing spouses in Tennessee and around the country who have never worked or only worked part-time have a lot at stake during alimony negotiations, but these discussions are usually less contentious when the couples involved have been married for 10 years or longer. That is because divorced spouses who were married for at least a decade are eligible to receive Social Security benefits based on the contributions made by their former wives or husbands.

When these spouses wait until they reach full retirement age to begin receiving Social Security benefits, they are entitled to up to half of the benefits their former husband or wife will receive. They can start receiving these benefits even if their former spouse has not yet applied, providing that they have not remarried and their individual benefits are lower than their former spouse's benefits. The full retirement age varies according to an individual's year of birth. Americans born after 1960 reach this milestone at age 67.

Divorced spouses who remarry are no longer able to claim these benefits, but they may be entitled to benefits based on the contributions made by their new spouses if they are at least 62 years of age. When their new marriages end in divorce, death or annulment, spouses may once again receive Social Security benefits based on their former spouse's contributions.

The rules regarding Social Security benefits can be bewildering to divorcing spouses who did not play an active role when financial decisions were made, and experienced family law attorneys may call on retirement planners to help them make these important decisions and ensure that they understand their options. Attorneys might also point out the Social Security ramifications of divorce to spouses who are ending their marriages after nearing, but not reaching, their 10 year anniversaries.

Marriages less likely to last when wives earn more than husbands

Tue, 14 May 2019 05:00:00 GMT

Some men in Tennessee are perfectly fine with being stay-at-home dads or having a wife who earns more. However, not all men have this attitude even though nearly 40% of wives earn more than their husbands according to Bureau of Labor Statistics figures. Census Bureau stats also show that when a wife is the higher-earning spouse, her income is reported for census purposes at nearly 2 percentage points lower than it really is.

Greater social and cultural forces still place a higher value on husbands who make more than their wives. There's some research showing that couples are less likely to marry or more likely to split when the man isn't the higher earner . Conflicting research suggests that even when the wife earns more, couples are likely to stay together; this may be because of an inability to afford to live separately or because the higher-earning spouse has health insurance and similar factors.

A study of more than 6,000 couples found that old-fashioned views on marriage still prevail. Researchers discovered that the divorce risk is nearly 35% higher in situations where a husband isn't working full time. Attitudes passed down from parents, the male ego and peer pressure are some of the theories floating around to explain reasons for the persistent belief that husbands should be the main breadwinner.

Regardless of which spouse happens to earn more, a divorce lawyer typically attempts to reach a fair settlement agreement when it's time to split assets . If the lower-earning spouse is being represented by a lawyer, spousal support may be sought to allow a soon-to-be-ex to adjust to post-divorce life without unreasonable hardships. The spouse who has custody of the children may seek similar compensation if they earn less.

Do you know the real consequences of a DUI in Tennessee?

Thu, 02 May 2019 05:00:00 GMT

If the police charge you with a DUI in Tennessee, do you know what will happen? Every state penalizes DUIs in similar but individual ways. If you are unaware of the consequences, you might be unpleasantly surprised.

What are the penalties for a DUI?

Your penalties will depend on the charges against you. For example, if someone is hurt or you are underage, you will face harsher penalties than a person of legal age at a routine traffic stop. The following are typical penalties for a DUI offense.

Additional DUI offenses only climb higher and higher in fees and jail time. Any damage that happens because of you drinking and driving could add criminal or civil charges as well as additional fines.

What other fees can you expect?

Other than your fines associated with the crime, a DUI has plenty of hidden costs. The following are other fines and fees associated with a DUI:

Before you get behind the wheel, think seriously about your choice to drink. DUIs cost far more than you may realize, and can hurt for far longer than any bruises or broken bones.

Divorce property division for stay-at-home parents

Mon, 29 Apr 2019 05:00:00 GMT

Around 25% of mothers in Tennessee and across the country stay home from the workplace to raise their children as do 7% of fathers. This choice is widely praised socially. Over half of Americans surveyed say they think it is better when a mother can stay at home than go to work or even have a stay-at-home father. Being a stay-at-home mother often involves more than just providing childcare and education. As a result of the parent at home's time and availability, the parent in the workforce can work long hours, go on business trips and develop his or her career far more extensively than if they had to share parenting duties or rely on traditional paid childcare providers.

Therefore, stay-at-home parents also contribute to the development of the working parent's career, allowing them to earn promotions, start their own business or develop a higher income. However, many of these stay-at-home parents often gave up their own careers to do so. Around 10% of all mothers with a master's degree or higher stay home to raise their children, keeping them out of the workplace. The situation can become more complicated when divorce is involved.

Like most states, Tennessee relies on the principle of equitable distribution to divide marital property in the case of a divorce. This means that both spouses are not necessarily entitled to half of the marital assets, but a number of factors are taken into account when deciding how they should be provided.

Homemakers and wage earners are both valued for their contributions, but many stay-at-home parents may be concerned about their financial future after the divorce. A family law attorney may advise a divorcing spouse on achieving a fair settlement on property division , spousal support and other legal matters.

Tasks to complete after a court grants the divorce

Tue, 16 Apr 2019 05:00:00 GMT

In Tennessee, many couples find it painful to even think about getting divorced. The entire procedure of filling out legal documents rivals the strong emotions and conflicting thoughts felt by both spouses. Feeling burdened with sleepless nights and grief, couples may benefit from working with an experienced family law attorney. Ex-spouses could still have more work to do even after the divorce decree has been signed by both parties.

After making important decisions about the division of properties, assets often require changing titles from joint to single ownership. For instance, a house formerly owned by both spouses will belong to only one spouse after the divorce takes place. Therefore, the title needs to change to reflect that the property is now owned by a single person instead of a married couple. In this situation, a quitclaim deed usually suffices. Ideally, the mortgage should also reflect the change. Otherwise, the person who no longer owns the home may still owe mortgage payments to the lender.

Similarly, bank account titles need updating to note the change in ownership. After a joint account is closed, each single individual needs to establish their own individual bank accounts, including checking, saving and investment accounts. Stocks and mutual funds previously registered in both names need to reflect the fact that they are now divided up and owned by two separate individuals.

The divorce process can generally be completed much quicker if the couple tackles the legal procedures amicably. Couples with lots of assets are particularly vulnerable to making serious errors when attempting to divide their properties. A divorce attorney could help a soon-to-be ex wade through asset documents with fewer difficulties.

Medical bills may surprise patients

Wed, 03 Apr 2019 05:00:00 GMT

When people in Tennessee go to the hospital, they often check carefully to make sure they are choosing a provider that is in-network for their insurance company. This should allow their healthcare treatment to be fully covered to the extent possible under their insurance. However, many people continue to face surprise medical bills that can be costly after a hospital stay. Almost one out of every seven patients receives a bill for an out-of-network service as part of an in-network hospital admission.

These bills cover a range of medical treatments and healthcare providers. It is not possible for patients to anticipate or predict the bills that they will receive after they have already chosen an in-network hospital to receive treatment. For example, anesthesiology services associated with surgery were linked to 16.5 percent of out-of-network claims. Other medical specialties in the hospital also led to these bills, including 12.6 percent associated with primary care and 11 percent with emergency medicine. This means that even when people seek emergency treatment at a hospital in their insurer's network, they can still find themselves facing hefty medical bills later on.

Another significant cost was associated with independent labs. Around 22.1 percent of claims for independent labs were considered out-of-network with costs being passed on to the patients. In 10 states, at least 15 percent of people who went to a hospital in their insurer's network later faced bills for out-of-network services. Various proposals have been made for legislative changes that could address this problem.

Medical bills can contribute substantially to a person's debt burden, especially if they are also struggling with credit card bills or other debts . People who are facing debts they are unable to repay may consult with a bankruptcy lawyer about options that could help them find relief and pursue a new financial future.

Employers slowly recognizing financial stress among workers

Wed, 20 Mar 2019 05:00:00 GMT

Employers in Tennessee want their workers focused on their duties, but stress caused by financial problems, like debt and medical bills, has emerged as a considerable source of distraction. When the International Foundation of Employee Benefit Plans surveyed companies, 70 percent of them cited financial issues as their employees' top source of stress.

A 2017 poll of 1,600 full-time workers at the accounting firm PwC revealed that over half of the staff harbored concerns about money. A human resources company that looked at the aggregated results of employee financial stress estimated that it reduced productivity and cost businesses nationwide about $250 billion annually .

As awareness grows among employers of the burdens faced by their employees, a handful of companies have chosen to adopt employee benefit programs meant to alleviate financial stress. Employer-sponsored programs have been developed to help employees cope with medical bills, student loan debt or other money emergencies. One service evaluates medical bills for errors and tries to negotiate a discounted settlement in exchange for timely payment. Some companies vet programs that enable people to access debt consolidation loans. A few employers offer pay advances that are repaid by payroll deductions so that employees can avoid the high costs of payday loan companies.

Although the efforts of a few organizations to help people cope with financial hardship represent good intentions, they might be insufficient to resolve the problems of serious debt. When someone loses the ability to meet living expenses and pay loans or medical bills, bankruptcy might be the path forward. An attorney could evaluate a person's income and debts to determine if a Chapter 7 filing might discharge burdensome debts .

Reasons for gray divorce in Tennessee

Tue, 05 Mar 2019 06:00:00 GMT

The rate of divorce for American over the age of 50 has been steadily increasing over the past two decades. There are a number of factors that have been contributing to the rising number of these so-called "gray divorces."

The most common issue to arise in a gray divorce is financial management. Finances can be a complicated issue if one spouse has difficulty with managing money. A divorce tends to be likely in situations when couples are overwhelmed by debt or are continuously fighting about money.

Divorce also becomes a likely possibility if one spouse is the only income-earner and is responsible for all the financial decisions in the marriage. If a spouse mismanages money or tends to overspend frequently, the marriage may fail.

According to research, marriages tend to grow stronger if the husband's earnings increases. In contrast, marriages in which the wife's earnings outpace the husband's tend to deteriorate. This may be due to some husbands' views toward being the breadwinner.

Another reason the number a gray divorces continues to rise is that many spouses are growing apart. Older married couples may realize that they no longer have the excitement for the marriage that they had when they were first married. Divorce is often seen as a better alternative to remaining in an unhappy marriage.

An attorney who practices family law may help an older client obtain fair divorce settlement terms. Legal counsel could provide advice about what unique issues may arise during a gray divorce and what legal avenues should be attempted to protect certain interests. If necessary, litigation might be used to address disputes regarding the ownership of the family home and the division of retirement assets.

Medical expenses are linked to bankruptcy filings

Wed, 20 Feb 2019 06:00:00 GMT

Healthcare remains a hot topic of debate across the country, not just in terms of being a divisive political issue but in real terms affecting real people in Tennessee. Arguments on whether it is a right or not, whether it should be mandatory or optional, and who pays for it all pale in comparison to the fundamental question of what happens when an individual needs a medical procedure that he or she simply cannot afford. Sadly, many choose to do without, resulting in further deterioration to their well-being. Others opt to move forward with the necessary care but often experience a different form of negative consequence.

A recent medical study revealed a high correlation between the effect expenses caused by illness or injury had on a family and the likelihood of filing for bankruptcy. For the study period, the researchers found that well over half of the filed bankruptcies included medical expenses within the relevant debt. Over 40 percent reported illness-related income loss as a contributing factor, and many reported both.

For many, there is a perceived stigma to acquiring debt and considering a Chapter 7 bankruptcy as a remedy. While there may be some who spend more than they earn in an irresponsible manner, that is not the case with those who find their financial lives turned upside down by an unexpected medical emergency. Until solutions are found for the way in which medical care is provided for all Americans, this trend seems likely to continue.

For those who qualify, a Chapter 7 bankruptcy filing can provide a fresh start. A bankruptcy lawyer can explain how the laws work, how debt may be extinguished, and the effect on one's credit.

A new study identifies the most common causes of divorce.

Fri, 08 Feb 2019 06:00:00 GMT

Tennessee couples may be interested in a recent survey that sheds light on why some marriages ultimately fail. While the U.S. divorce rate is falling, it remains high. In many cases, multiple factors contribute to the ultimate demise of a marriage

The study was conducted by a survey of participants in a relationship enhancement program. Researchers went back to the participants 14 years after the program took place and interviewed those who ultimately divorced.

Two of the most popular reasons given were general in nature. Lack of commitment and too much conflict were cited in over two-thirds of the cases. For those claiming lack of commitment, lack of romance was a common issue. Participants also cited extramarital affairs as a reason in nearly 60 percent of the responses. Often, it was listed as a final straw in ending the marriage.

Nearly half of the participants in the survey stated that marrying too young was a reason. This response may be surprising because today's couples marry later in life than in the past. The average age of for new brides and grooms today is the late 20s. Hal a century ago, however, the average age was the early 20s. In some cases, serious issues led to the splits. For example, domestic abuse and substance abuse were given as reasons in over one-third of the responses.

No matter the reason, terminating a marriage can create a number of issues for a soon-to-be ex. The issues can be financial, emotional and practical. However, legal counsel could help a client by plotting a course of action to reduce the negative effects of these issues.

How to interact with police if English is your second language

Tue, 29 Jan 2019 06:00:00 GMT

A traffic stop is not uncommon, but it can be a nerve-wracking, especially if English is not your native language. Depending on the reason you were pulled over, and how the interaction goes, an officer may ask you to do a variety of things in the name of compliance.

Below is a summary of questions police officers may ask, and tips on how to respond while still protecting yourself.

Questions police officers frequently ask during a traffic stop

If you choose to remain silent or stick to only short answers, it is important that you are respectful in the eyes of the law. Keep your hands in plain sight, turn off your car’s engine and try not to become agitated.

If you are not comfortable speaking English, it is best to avoid lengthy communication with police officers, where a simple misunderstanding could result in wrongful criminal charges. You have the right to remain silent and sometimes, that can be your best decision.

Chapter 7 bankruptcy may prevent aggressive collections

Thu, 24 Jan 2019 06:00:00 GMT

Making the decision to file for Chapter 7 bankruptcy can be difficult. Declaring bankruptcy impacts the filer's credit and can be hard on his or her self-image as well, but it's sometimes the best way to get unmanageable debt under control. For people who are struggling to pay down their debts in Tennessee, Chapter 7 bankruptcy can improve day-to-day quality of life as collection actions must stop once the petition is filed.

In regard to credit, a Chapter 7 filing may stay on the filer's credit report for as many as 10 years. However, the time to complete the bankruptcy is usually between three and six months. It might be possible for many filers to establish new lines of credit within one to three years following a Chapter 7, but these typically have relatively high interest rates. There are a number of lenders who specialize in lending to people who have filed for bankruptcy, but it's difficult to get a new mortgage loan following a bankruptcy.

Some types of debt are generally not dischargeable in bankruptcy. This includes alimony, child support and student loan debt. Only an order from the family court can suspend obligations for child support or alimony. Filing for bankruptcy may prevent student loan creditors from pursuing aggressive collections. In cases where the debtor has sufficient regular disposable income, a Chapter 13 filing may be better for the debtor.

People in Tennessee who have questions about filing for bankruptcy might want to speak with a lawyer. Legal counsel with experience handling bankruptcy cases could assist by examining the client's financial situation and suggesting the appropriate bankruptcy filing or other means to reduce or eliminate debts . A lawyer might draft and file the petition to begin the action or help the client complete required pre-bankruptcy counseling.

What to know about custody rights

Fri, 04 Jan 2019 06:00:00 GMT

Ideally, divorced parents in Tennessee would be able to raise their children without the need for judicial intervention. However, this is not always the case. When parents are in the midst of a custody or visitation dispute, it is important to keep the child's best interest in mind. A kid should feel safe and loved by the adults who are tasked with guiding the young person to adulthood.

When parents fight with each other, they could risk losing out on a relationship with their children. Therefore, it may be best for adults to choose their battles and not fight over petty or trivial matters. If a parent is struggling to have their voice heard during informal talks, there is no reason why they shouldn't take a case to court. This can be an effective way to establish and preserve a healthy and long-lasting relationship with a child.

Fathers should know that they have as much right to visitation or custody as mothers do. While true equality for both genders has yet to be reached when it comes to child custody, the gap is narrowing in favor of men who want to parent their children. Parents who want to learn more about the process of obtaining custody rights to a child may wish to consult with an attorney.

Although a divorce may end a romantic relationship between two parents, it doesn't end the relationship that they have with their children. Generally speaking, kids benefit the most by having both parents in their lives. Judges will generally order that the mother and father have custody or visitation rights to a child. In some cases, each parent will share custody, which allows them both to make decisions about a child's upbringing.

Preparing now for changes in the tax law

Wed, 26 Dec 2018 06:00:00 GMT

January 1, 2019 ushered in a change in alimony tax rules that affected many Tennessee residents. These old alimony tax rules had been in force for more than seven decades.

Prior to the start of 2019, the law stated that alimony payments could be deducted by the individual who paid them, and the individual who received them would be taxed. As of 2019, that changed. Individuals working in the financial field, as well as those working with divorce law, may experience an uptick in their work as individuals attempt to divorce and come up with an agreement prior to the end of the year.

Changes to the tax laws may mean that some divorcing individuals will need to make adjustments to how they engage in financial planning prior to their divorce. This may include factoring in other tax changes.

The Tax Cuts and Jobs Act put in place during the 2018 year presents other changes that could affect taxes and divorce, including home ownership and who will be able to claim children as dependents. For example, mortgage interest inductions that were entered prior to December 15, 2017 were capped at $1 million. Those entered after that date are capped at $750,000.

This means that divorcing individuals would do well to examine the tax benefits they hope to receive when determining whether or not keeping the house is in their best interests. Some divorcing individuals may conclude that holding onto the home may not be worth it.

Some couples may want to investigate alternative forms of payment as opposed to traditional alimony in light of changes to the tax law. A family law attorney may help their clients by representing them during the divorce proceedings. They might draw up documents and give their clients advice on things like property division, asset evaluation, and other practical financial matters.

Bankruptcy refilings have different waiting periods

Fri, 14 Dec 2018 06:00:00 GMT

One question in bankruptcy law is about filing for bankruptcy again. The federal Bankruptcy Code sets forth time period rules that apply to filers in Tennessee and across the country. When a person has previously filed for Chapter 7 bankruptcy, for example, and received a discharge, he or she must wait at least eight years from the date of the previous filing before beginning another Chapter 7.

The time periods petitioners are required to wait vary based on the types of bankruptcy they are moving from and to. A person who has had a Chapter 13 case discharged and closed can immediately file another Chapter 13. For people who have had a Chapter 7 bankruptcy successfully discharged and who are considering filing for Chapter 13, the waiting period is four years after the date the Chapter 7 was filed. This combination is sometimes referred to as a Chapter 20 bankruptcy.

For individuals who have previous completed a Chapter 13 bankruptcy, the waiting period is six years after the discharge before they can file for Chapter 7. It may be possible in some cases to file before the six-year waiting period has passed. The petitioner in such situations must have paid off 70 percent or more of the Chapter 13 plan and show that he or she has made best efforts to repay according to plan. It is also possible in some cases to convert a Chapter 13 into a Chapter 7.

People who are considering bankruptcy to eliminate debt in Tennessee might want to speak with a lawyer. A lawyer with experience handling Chapter 7 bankruptcy cases may be able to help by examining the client's finances and suggesting debt reduction or elimination options. A lawyer might be able to negotiate debt repayment with creditors or draft and file a bankruptcy petition on the client's behalf.

Should you file for Chapter 7 bankruptcy?

Mon, 03 Dec 2018 06:00:00 GMT

If you are struggling with the decision to file for Chapter 7 bankruptcy, you are not alone. Over 450,000 individuals filed for Chapter 7 last year, and they have all been where you are: overwhelmed by debt and not sure what to do next. Chapter 7 is the most popular type of consumer bankruptcy. Here are a few factors to help you decide if Chapter 7 is the right option for you :

For some people, bankruptcy is not the right answer. You can always look into other options for debt relief. For many people, however, Chapter 7 has provided the fresh start they need to take charge of their finances.

Avoiding common credit card mistakes

Wed, 28 Nov 2018 06:00:00 GMT

From holiday shopping to everyday expenses, people use credit cards for a wide range of things. When it comes to credit card use, there are many mistakes people can fall into. Avoiding credit card mistakes is important, as such missteps could leave a person more likely to face significant financial difficulties, such as crushing debt. Today, we’ll go over some common credit card mistakes to watch out for .

Not knowing the terms of your cards

It is critical to be aware of the key terms of the credit cards you use, including interest rates and fees. Not knowing these things could lead to unpleasant surprises on credit card bills. It could also leave you without the information you need to determine if your current credit cards are the right ones for you or if there are better options out there.

It is also important to know and understand the benefits programs and other benefits associated with your cards. Ignoring benefits could lead to you not getting the most out of your card use.

Not having a payoff plan

Having plans for how to tackle credit card balances is important. If you have multiple credit cards, this includes plans regarding what order to prioritize payoffs on. What plan would be best depends on the situation and personal characteristics.

Without a clear plan, you could end up not making much progress on tackling your credit card debt and falling into certain traps. This includes the next common credit card mistake.

Falling into the minimum payment trap

Regularly only making the minimum payments on your credit cards is very risky. It can lead to little to no progress being made in reducing balances and allow significant interest to build up. This can lead to credit card debt hanging around for a very long time.

Missteps in responding to credit card debt problems

Sometimes, despite a person’s best efforts to avoid credit card mistakes and engage in sound credit card practices, circumstances lead to him or her facing overwhelming levels of credit card debt. How a person responds to this situation is very important. Mistakes such as ignoring the issue, not picking the right debt relief option or making errors when pursuing an option could greatly endanger a person’s future financial goals. So, seeking out quality legal guidance can be important when credit card debt gets overwhelming.

Tennessee round-up yields 34 arrested for drug charges

Tue, 23 Oct 2018 05:00:00 GMT

A small Tennessee town held a big round-up last week. Numerous law enforcement offices as well as the U.S. Postal Service worked together to conduct the arrests. A startling 34 arrests were made, which is quite impressive considering the town has a population of less than 6,000 individuals. The defendants were arrested on a variety of drug charges.

The 34 arrests that were made were less than half of the over 70 cases the grand jury indicted. Several of the accused were reportedly already in custody for different charges either in a Tennessee county jail or in federal facilities. Those charged were linked to drug activity involving a variety of drugs including heroin, methamphetamine, pills, fentanyl-laced heroin and others.

Investigators had worked for over a year gathering information on illegal drug activity in the area. During the operation, police had collected information from a number of confidential sources that shed light on the dealings of known drug traffickers. A release by the district attorney general stated that much of the illegal drugs in the area come from other parts of the country as well as international locations. Prior to the passing of laws limiting the purchase of medications containing ephedrine, methamphetamine was often produced locally, but now much of it comes from outside sources.

Although the 34 defendants were taken into custody about the same time and for similar drug charges, they will each stand trial individually. All will need their own legal counsel to help them fight their charges, guide them through the process and counter any evidence presented by the prosecution. A knowledgeable attorney can be an invaluable aid for those who find themselves in need of some help navigating the legal system and working toward a positive outcome

Man faces drug charges after allegedly exposing himself

Tue, 16 Oct 2018 05:00:00 GMT

Sometimes, a simple trip to the store can take a strange turn. That's what happened to shoppers at a Tennessee Walmart who got an unusual "goodbye" as they left the store's parking lot last Friday evening. According to reports, police were called after receiving complaints that a man was exposing himself to cars exiting the store's parking lot. The man now faces drug charges.

According to reports, police were called by a woman who claimed that a man had exposed himself to her. She stated that the man then fled the scene. Based on a description she provided, police were able to identify the suspect at a nearby store.

The suspect turned out to be a 65-year-old local man. While police were questioning the man, he allegedly admitted to them that he had recently smoked marijuana and currently had some still in his pocket. Police also found a bag of what they believe to be methamphetamine in the suspect's possession. According to the officers, he had a strong odor of marijuana smoke and acted as if he was intoxicated.

What started out as an indecent exposure complaint resulted in the man being arrested on drug charges. The charges he now faces include simple possession of methamphetamine, simple possession of marijuana, and public intoxication. While these charges are very common in Tennessee courtrooms, they are serious allegations that can have life-long consequences. Therefore, it is extremely important that someone facing such accusations be defended by an experienced attorney who knows the Tennessee legal system and can help a client fight the charges.

Two charged after theft of hundreds of guns from UPS in Tennessee

Wed, 10 Oct 2018 05:00:00 GMT

The Bureau of Alcohol, Tobacco, Firearms and Explosives has been busy recently investigating one of the largest incidents of gun theft it has ever worked. Reportedly, 367 guns were taken from a Tennessee UPS facility on a Sunday. The guns had been shipped from their manufacturing center and were at a UPS distribution facility in Memphis when, according to the authorities, the theft occurred. The stolen firearms were .22 caliber and .380 caliber Ruger guns.

According to reports, two men used a U-Haul truck to steal the firearms and transport them north out of Tennessee. News of the theft spread quickly, and only 12 hours and approximately 500 miles away a very observant police officer is said to have made a very important discovery. While questioning two men, he noticed a Ruger logo on a box in the back of their van. When asked to step out of the van the two fled, but within four hours one of the men was arrested. Police are still searching for the second man.

Most, but not all, of the missing firearms were recovered. One of the men, an 18-year-old, admitted that they sold three of the guns. He supposedly told police that the second man, a 24-year-old, has been involved in gun theft before -- previously with shipments on trains.

Although the man in custody has apparently admitted to selling the stolen firearms, he maintains his innocence in their theft . Possession of stolen property is not proof of one actually stole it; therefore, at this time the man has been charged in federal court with possession of three stolen firearms. The second man has been charged with illegal possession of three firearms by a convicted felon. The accused men, like others who find themselves in similar circumstances, will each need the help of an experienced criminal defense attorney who can help manage the client's case and defend against any formal charges.

4 travelers in Tennessee face drug charges

Mon, 01 Oct 2018 05:00:00 GMT

The majority of arrests that happen in any community are the arrests of local residents. There are times, however, when people find themselves facing legal trouble far from home. That is the case with four men who were traveling through Tennessee this week and are now facing drug charges.

Four men were traveling south and had stopped at a Tennessee hotel to spend the night. That evening, someone apparently reported the smell of marijuana coming from the men's room, so police arrived and entered the men's room. Inside, the officers reportedly found a pound of marijuana.

The Clarksville Police Department teamed up with the Montgomery County Sheriff's Office to have a K-9 officer brought to the scene. Outside, the K-9 officer led the police to the suspects' car where an additional 97 pounds of marijuana as well as a large quantity of marijuana oils were reportedly found. According to reports, the street value of the drugs would be around a half million dollars.

The four travelers were arrested, charged with multiple drug charges and had bail set at $200,000 each. Depending on the accusations and the risk of flight, judges often set bail higher for individuals who are from out of town than they would for residents of the area. In fact, being arrested in another city or state than the one in which a person resides can present a number of challenging situations. That is why it makes sense for a traveler in such circumstances to seek the help of a knowledgeable attorney in the town in which he or she is arrested. An experienced attorney knows the ins and outs of the legal system in his or her area and can help safeguard a client's legal rights while pursuing the most favorable result possible.

Student charged with juvenile crimes after school threat

Wed, 26 Sep 2018 05:00:00 GMT

Words matter, and in this day and age, some words carry significant power. A celebrity may find an entire career destroyed with one poor word choice. Employees may find themselves out of work after telling an ill-advised joke. A Tennessee teen is learning that the words he used to play a prank have led to charges of juvenile crimes.

The 17-year-old student was arrested this week after an investigation that began when someone came across a social media post that stated the anonymous poster's intentions to kill people at a specific high school. The post apparently gave details, such as the city, state and time of day of the planned attack. When the principal accessed the post, he reportedly found that the poster had deleted it and replaced it with a message that indicated a group of five were plotting to kill many people at the high school.

After reading the post, the principal contacted authorities who traced the posts to the male student. Police arrested the student and charged him with two counts of making false reports, which is a felony. Police do not believe he had accomplices, and the student insists the posts were a prank. Understandably, authorities take seriously any threats of violence directed at a school. This student faces disciplinary action at the school, which will likely include expulsion.

He also faces felony charges that could result in severe penalties and a record that will follow him the rest of his life if he is convicted. Juvenile crimes can lead to a chain reaction of misfortune, potentially driving a young life off track forever. When facing such possibilities, it is wise to have experienced legal counsel. A skilled Tennessee attorney can provide a strong defense.

When can drug possession become a felony?

Tue, 25 Sep 2018 05:00:00 GMT

Tennessee is particularly harsh on drug laws. If the defendant gets a conviction for manufacturing, delivering or possessing the drug with intent, then they receive felony charges. As a result, they spend significantly more time in prison and have higher fees to pay off, making the recovery process all the more difficult no matter what age you are. College students would lose their scholarships while facing potential expulsion and adults would have a hard time finding a new job with a criminal record.

However, not all drug violations are felonies. One of the few drug crimes that qualify as a misdemeanor is simply possessing the drug or performing a casual exchange. To avoid more life damaging charges, you must understand the fine lines that separate drug possession changing from a misdemeanor to a felony.

How much were you holding?

Tennessee's marijuana possession limit is 0.5 ounces. That alone is already a Class A misdemeanor, so anything more than that will become a felony. A large amount of the substance could make the prosecutor more suspicious of your activity. This results in them accusing you of possessing the drug with the intent to distribute, which adds even more charges to your conviction.

How old was the person you exchanged with?

If they convict you of exchanging drugs with a minor, then it has a high chance of becoming a felony. In Tennessee, you would have to be at least 2 years older than the receiver and know that the person is a minor. You could plead that you did not know that the recipient was that young, but it can be a hard situation to defend.

Is this your first arrest?

Every subsequent conviction you receive for drug possession or casual exchange will increase the fines and jail time. However, the court can only accept it so many times before charging your possession with a felony. If you have two or more prior convictions to the case, they will punish you with a Class E felony.

What drug were you holding?

The misdemeanor charges are immediately tossed aside if they determine you holding a drug with the higher potential for abuse. Marijuana is a schedule VI drug, which means that it can be a misdemeanor if you simply get possession charges. However, if the court catches you possessing schedule I drugs such as heroine, morphine or LSD, then you will be charged with a felony no matter how much you are holding or who you gave it to.

The borders between a misdemeanor and a felony could be the difference between owing a couple thousand dollars and a few years in prison to owing hundreds of thousands of dollars and a decade in jail. With how high Tennessee's conviction rate is, getting an experienced criminal defense attorney is your best option if you want to eliminate or reduce the potential charges from your arrest.

What you should know about shoplifting

Mon, 24 Sep 2018 05:00:00 GMT

If you are like most people in Tennessee, you probably consider shoplifting a minor crime not worth thinking about too much. You may even hold the erroneous belief that “minor” shoplifting benefits the perpetrator while not really harming anyone else, including the affected merchant. Such misperceptions could land you in a world of hurt.

Shoplifting constitutes a form of theft crime. If you face shoplifting charges, this means that the merchant or someone in his or her employ believes that you deliberately took something from the store without paying for it or attempted to do so. In order to convict you of shoplifting, the prosecutor must prove beyond a reasonable doubt that you did all of the following:

Concealing merchandise

If you place a small item in your pocket or purse for safekeeping before reaching the checkout counter, this act could be used against you in court as evidence of your intent to shoplift the item. Keep in mind that virtually all stores today have not only security cameras, but also employees whose job it is to roam the aisles looking for just such customer behavior. To keep from appearing suspicious, always make it a practice to keep your intended purchases in plain sight in your shopping basket or cart.

Unfortunately, lingering too long in an aisle while you make up your mind as to which items you want to buy also constitutes suspicious behavior. If possible, you should always shop with a list so as to minimize the time you spend in any given store or its various aisles.

In-store detention

You should also keep in mind that the law allows a store’s employees to detain you if they have probable cause to believe that you attempted to shoplift. They can therefore accost you both in the store and in its parking lot. They cannot, however, hold you against your will for an inordinate amount of time. Nor can they subject you to harsh, threatening or never-ending questions.

Shoplifting penalties

If a judge or jury convicts you of shoplifting, the penalties you face will depend on exactly what you took and its value. In general, the penalties for an infraction or misdemeanor crime consist of restitution and/or a fine only. Penalties for a felony conviction, however, include possible jail or prison time as well as restitution and fines.

Understand why teens commit juvenile crimes

Thu, 20 Sep 2018 05:00:00 GMT

Teenagers in Tennessee and all across the country do not always make the wisest of decisions. In fact, not many individuals would be proud of every choice he or she made as an adolescent. While the vast majority of teens' actions are harmless, others have led to some serious consequences. Earlier in 2018, a 13-year-old boy was charged with juvenile crimes after he reportedly robbed a store in Hermitage. Experts have weighed in on the importance of better understanding why young people commit juvenile crimes such as this and how to prevent them.

In general, teens are more prone to take more risks in their lives. This could be attributed to the fact that teenagers' brains are not fully developed. Therefore, their decision-making capabilities and judgment are sometimes lacking. For example, those teens who commit crimes don't often consider long-term consequences of their actions, just the immediate thrill or possible gain.

As professionals counsel teens, they stress that every choice made has a potential consequence and those become more serious as someone matures. Advocates for juvenile justice strongly believe that the penalties for younger offenders should not be the same as for adults. They also support rehabilitation for teens whenever possible.

Those charged with juvenile crimes should understand the seriousness of the matter. A Tennessee criminal defense attorney will strive to keep an individual's case within the juvenile system, as opposed to being tried as an adult. A knowledgeable lawyer will work diligently to present the strongest defense possible and help get a client's life back to normal as soon as possible.

Driver, passenger facing drunk driving charges following chase

Thu, 13 Sep 2018 05:00:00 GMT

Speeding on Tennessee roads and highways is never a good idea for motorists, especially if a driver has been drinking. Law enforcement officials across the state are cracking down on drunk driving and are rather vigilant about spotting drivers who are under the influence. A man from a neighboring state was recently stopped for speeding, then found himself facing more serious drug charges.

Officers from the Tennessee Highway Patrol noticed a driver traveling north in a pickup truck on Interstate 81 at a high rate of speed. With radar detection, the truck was reportedly traveling at 120 mph near Exit 23. Reportedly, the driver, a 33-year-old man, would not initially stop for the trooper following him. The patrol car, which had its siren and lights operating, could not overtake the vehicle at first, according to the officer on patrol.

Officers followed the driver as he left I-81 at Exit 30, where he reportedly ran a stop sign. A traffic stop was made later on Highway 70. Allegedly, the driver smelled of alcohol and had difficulty maintaining his balance. He purportedly told the police he had consumed a beer before leaving his home state of Alabama.

According to reports, police located a semi-automatic handgun in the truck that belonged to its owner, a 25-year-old man, who was a passenger at the time of the traffic stop. The driver of the truck was charged with driving under the influence, reckless endangerment and felony evading arrest, among others. The owner of the truck, who purportedly would not consent to a blood test, was charged with DUI by consent and possession of a handgun while under the influence.

Being charged with drunk driving in Tennessee is a serious matter. Lengthy jail sentences and/or significant monetary fines are likely if someone is convicted. It is imperative that an individual mount a strong defense against the charges. An experienced criminal defense attorney will make every effort to obtain a favorable outcome in a client's case.

4 facing drug charges in Weakley County

Wed, 05 Sep 2018 05:00:00 GMT

Cellphones have become a fixture to the majority of Tennessee residents. They are used constantly to keep in touch with others, plan activities and seek information. While the devices are viewed as beneficial to their owners in most scenarios, one cell phone recently led to multiple arrests for drug charges in Weakley County.

According to police reports, a search was conducted of a home after a warrant had been obtained. During the search, officers claim they found crystal methamphetamine, meth pipes, a loaded rifle and digital scales. A 43-year-old man was arrested on charges of possession of methamphetamine with intent to resale and possession of a firearm during the commission of a felony.

Evidently, calls continued coming to the man's phone; an officer eventually answered and led the callers to believe that he was the man. A meeting was arranged to supposedly sell meth to the callers at a convenience store. Police officers arrested two women, ages 25 and 32, and a 21-year-old man at the store. The three were charged with possession of drug paraphernalia and criminal attempt to possess methamphetamine. More charges are likely as the investigation continues.

Drug charges vary widely, depending on the type of drugs involved, the amount of the drugs and even the location where the drugs were found. One thing is constant -- the seriousness of the formal accusations. If convicted, someone could be facing years in jail and/or be forced to pay hefty fines. A Tennessee criminal defense attorney can be a valued partner in fighting any filed charges. An experienced lawyer will help clients mount the most rigorous defense possible.

Tennesee chicken restaurant owner implicated in drug charges

Fri, 31 Aug 2018 05:00:00 GMT

Tennessee authorities say there was a lot more going on at a local chicken restaurant than cooking and selling chicken. In fact, an investigation that lasted more than a year has come to a close, but not without the indictments of 17 people who police claim were involved in a large drug operation. Drug charges and firearms charges have since been filed against those arrested in the investigation.

Police have not published the name of the specific chicken restaurant where they claim the owner laundered at least $30,000 into the business from illegal drug sale profits. Perhaps even more surprising is investigators' claims that a group of people working together in the supposed drug ring were delivering methamphetamine to local buyers by way of courier bicycle. Officials say several raids occurred -- one that led officers to a doghouse where approximately two pounds of meth were stored at the back of a local residence.

A 31-year-old man is said to have been the acting leader in the drugs-by-bicycle operation. Charges against those indicted include possession of 300 grams of meth, as well as intent to sell and deliver illegal drugs within a school zone. Another charge has to do with possession of a firearm.

Ages of the defendants range from 26 to 51. Each of them will have the opportunity to present a defense to try to avoid conviction. Like most Tennessee residents facing drug charges, most, if not all, of these defendants will likely rely on experienced criminal defense attorneys to represent them in court.

3 challenges immigrants may face with law enforcement

Sat, 25 Aug 2018 05:00:00 GMT

Dealing with law enforcement is often a stressful situation. Whether you are suspected of a crime or otherwise involved, you might struggle to maintain a calm demeanor and handle the interaction effectively. Doing so might be even more of a struggle if you are an immigrant and a non-native English speaker. There are many challenges, in fact, that immigrants face when dealing with law enforcement.

The following are three of the most common to take into consideration. If you are an immigrant or non-native English speaker, be aware of these challenges, and remember that you are under no obligation to interact with law enforcement without counsel from a legal representative.

1. Language barrier

According to the USC Tómas Rivera Policy Institute, language barriers commonly inhibit communication between law enforcement and non-native English speakers. Law enforcement should be trained in handling such situations and finding a translator, but too often, they simply disregard the obvious obstacle and attempt to collect information from people who do not understand the conversation that is taking place

2. Unfair discrimination

Language barriers are a common obstacle for immigrants, and so is unfair discrimination. Unfortunately, law enforcement officers are human, and they are susceptible to the same vulnerabilities as any other profession. This includes having a perspective that is unjustly colored by prejudice. Immigrants may experience discrimination and different treatment at the hands of law enforcement.

3. Arrest and deportation

In the worst cases, discriminatory treatment can culminate in unfair arrests. Extreme cases may involve deportation. It is important to remember that immigrants, whether or not you have documentation, have legal rights that protect them from unfair treatment. You have a right to a legal representative when interacting with law enforcement, and you deserve respectful treatment, regardless of the situation.

Recent theft and property crimes in the Clarksville area

Thu, 23 Aug 2018 05:00:00 GMT

There are numerous car dealerships in just about every city throughout the state of Tennessee. These businesses range from small, locally-owned used car lots to major sales centers for specific makes and models of vehicles. Regardless of the size of a dealership, robberies create a financial hardship on the owners. A Clarksville car lot is now dealing with recent theft and property crimes after several vehicles went missing from the establishment. Automobiles have also apparently been stolen from area homes.

Police officers reported that four cars were allegedly stolen from Clarksville Auto Sales one recent morning. The local police department stated that several people supposedly entered the business by breaking a window with a hammer. Video footage apparently showed that the people, clad in masks and gloves, were at the business intermittently over a four hour period. Documents of the incident revealed that two car as well as two sport utility vehicles were taken. Also missing are evidently multiple sets of car keys, dealer plates, vehicle titles and around $1,200 in cash.

During the same timeframe, four additional vehicles were reported missing from two residences near the car lot. Autos including a crossover vehicle, a truck and an SUV were apparently taken from homes in the neighborhood. Police reports indicate that the keys to the vehicles were obtained from the homes' garages.

Officers suspect that the incidents are related and the investigation is ongoing. Should the people witnessed on the surveillance video be apprehended, they may be charged with theft and property crimes. These charges should not be taken lightly as the consequences related to them are serious. A Tennessee criminal defense attorney can be a valuable ally throughout the entire legal process.

Juvenile crimes: 2 teens facing theft, weapons charges

Fri, 17 Aug 2018 05:00:00 GMT

Now that most schools are back in session across Tennessee, many teenagers are occupied with doing homework, participating in extracurricular activities or spending time with friends. However, some teens may find themselves in a bit of legal trouble after making some questionable decisions. Two teens were recently charged with various juvenile crimes following numerous incidents in the greater Nashville area.

Officers from the Lebanon Police Department had been investigating a runaway when they discovered a supposed link to a wave of robberies in Nashville, Clarksville, Gallatin and White House. Evidently, there were multiple incidents of car thefts and stolen weapons in those areas. Police had located a vehicle with apparent stolen phone inside.

The driver of the vehicle fled from the scene and police are continuing to search for him. A 19-year-old man and two teenagers were the other occupants of the car. The man was transported to the Wilson County Jail, while the teens were taken to a juvenile detention center. They are facing charges of theft and possession of stolen weapons. Police officers indicated that one of the teenagers was identified as the suspected runaway they were attempting to find.

The decisions a person makes can have a lifelong impact. For example, an impulsive act as a teenager could result in serious consequences for years to come. If someone has been charged with juvenile crimes, it is important to seek the guidance of a respected Tennessee criminal defense attorney. A knowledgeable lawyer will fight to keep a case in juvenile court instead of having a teen tried as an adult. A strong defense team will make every effort to get a person's life back to normal as soon as possible.

Hundreds facing drug charges after two undercover operations

Thu, 09 Aug 2018 05:00:00 GMT

Undercover operations are conducted frequently by Tennessee law enforcement agencies. Multiple groups often work together when drug activity is suspected in a given region. In many instances, these types of investigations go on for long periods of time before any arrests are made. Two major operations in the Memphis area recently culminated in hundreds of arrests on a variety of drug charges.

The Memphis Police Department reported that two operations had been focused on alleged drug, weapon and other activity. One operation had lasted eight weeks and resulted in over 500 arrests. During this operation, marijuana, fentanyl and cocaine had been seized, along with over 100 weapons. In addition, multiple vehicles and a large amount of cash were also discovered.

The second operation had been underway for over 18 months. It dealt with supposed dealers of heroin and crack. A grand jury indicted over 50 people on drug charges. Evidently, police reported that some of those indicted were alleged gang members.

The ages of those facing charges range from 18 to 64 years old. Some have been charged with the sale of a controlled substance and felony drug possession. In addition to the drug charges, others arrested face charges of possession of a handgun and other weapons charges.

In the state of Tennessee, drug charges are not to be taken lightly. If convicted, a person may have to spend a considerable amount of time in jail or have to pay hefty fines. However, everyone is entitled to present a defense against the charges. An experienced criminal defense attorney will help clients present the strongest defense possible to fight the charges.

Woman facing drug charges after routine traffic stop

Fri, 03 Aug 2018 05:00:00 GMT

Police officers in Tennessee make routine traffic stops for a variety of suspected offenses. Vehicles get stopped for speeding, failing to stop at red lights, or even having a non-functioning tail light. There are instances, however, when individuals get pulled over for one thing but find themselves in more trouble after the initial investigation. This happened to one Mid-South woman who now faces drug charges after a recent traffic stop.

Law enforcement officials reported that they stopped a woman after running her vehicle tags. They discovered that the tags allegedly did not match the registration information. While the police officers were talking to the woman, they spotted a baggie near the middle arm rest of her truck. The officers suspected that the baggie contained marijuana.

Apparently, the woman told the officers that she had been smoking earlier. In their inspection of the car, the police also located three straws that had a white powder in them and an additional amount of the white powder. The woman supposedly began to scream and kick as officers attempted to put her in the squad car. They allege that she tried to bite and lick them.

According to reports, officers used pepper spray on the woman. She was taken to jail after they put her in handcuffs. The woman now faces charges for drug crimes as well as resisting official detention and disorderly conduct.

Anyone facing drug charges in Tennessee should understand the seriousness of the situation. If convicted, someone could be sentenced to time in jail or have fines imposed on them. It would be wise to seek the counsel of an experienced criminal defense attorney. A strong defense team will fight to get a client's life back to normal as soon as possible.

Woman faces 2 drunk driving charges

Thu, 26 Jul 2018 05:00:00 GMT

A woman in Knoxville is facing her second DUI charge after her vehicle reportedly struck a home off the Horton Highway. The 32-year-old Tennessee woman was arrested just after 10 a.m. the morning of July 19 and charged with drunk driving. She also faces charges for driving with a revoked license, as well as violation of the implied consent law.

According to Greene County sheriff's deputies and first responders on the scene, a call came into 911 pertaining to an older-model vehicle crashing into a house. It is unclear whether the house was occupied at the time of the impact. The driver of the car, a 32-year-old woman, told officers on the scene that she blacked out, possibly due to low blood sugar, when her vehicle left the road and ran into a ditch before striking the house.

Officers were unconvinced after an EMS checked her blood sugar and apparently found her levels to be within recommended parameters. When officers requested a blood draw to corroborate their suspicion of intoxication, the woman apparently refused. However, roadside tests were conducted that led police to believe she was indeed drunk. She was arrested and held without bond, pending her first court appearance the following day.

Given that this is the second time the woman has been charged with drunk driving, the potential consequences attached to this current charge could be more severe. The woman could face jail time as well as a permanent revocation of her license. This is why her defense representation will meet with Tennessee prosecutors to carefully review all evidence presented by police in advance of a trial, to help them build a strong case in her defense.

Don’t let your traffic stop turn into a drug bust

Tue, 24 Jul 2018 05:00:00 GMT

Traffic stops are quite prevalent in this part of Tennessee, and it is not at all unusual for law enforcement officers to write tickets for multiple alleged crimes and offenses in any given traffic stop. Consequently, it serves your best interests to know your rights and respectfully assert them any time an officer pulls you over.

For instance, do officers have the right to search your car for drugs or anything else when they pull you over for an alleged traffic offense? The answer is no – with two notable exceptions. If you and/or your passengers are unwise enough to leave drugs or alcohol sitting in the officers’ plain view when they look in your car windows, they can search your car without your permission. Likewise, if you give the officers permission to search, which you do not have to do, they can search. So do not make the mistake of agreeing to a search, even when you “know” the officers will not find anything illegal anywhere in your car. While it goes without saying that you should never “mouth off” to law enforcement officials, simply decline their request to search.

Traffic stop police restrictions

By law, officers can do only the following four things when they pull you over for a traffic stop:

The Rodriguez case and your Fourth Amendment rights

Once law enforcement officers do these four things, the traffic stop is over and they must allow you to go on your way. So said the U.S. Supreme Court in the 2015 case of Rodriguez v. United States. Officers cannot turn the traffic stop into an investigation of an unrelated supposed crime such as drug possession. They cannot hold you until they get a warrant to search your car, nor can they make you wait while they call for drug-sniffing dogs.

The Rodriguez case is just one in a long line of cases that go back to your Fourth Amendment right under the U.S. Constitution to remain free from unreasonable searches and seizures by governmental officials. A warrantless search of your car is unreasonable except under the two circumstances noted above. So is a warrantless seizure of your body, that is, your arrest.

Probable cause

To obtain either a search warrant or an arrest warrant, the officers must have probable cause to believe that you and/or your passengers are in the process of committing a crime or about to do so. In a routine traffic stop, the officers have no such probable cause. In fact, they have no reason to suspect that you did anything wrong other than allegedly commit the traffic offense(s) for which they pulled you over.

Per SCOTUS in the Rodriguez decision, the purpose of their traffic stop is to “ensure that vehicles on the road are operated safely and responsibly.” Therefore, since a drug crime is totally separate from and unrelated to the traffic stop, officers cannot search for drugs or anything else. Technically, they cannot even ask you about drugs or anything else unrelated to the traffic stop, although most officers usually do, especially if you are a younger driver. You do not have an obligation to answer any such questions. Again, do not “mouth off” to the officers. Respectfully decline to answer their questions.

3 facing drug charges in Cocke Country following arrests

Fri, 20 Jul 2018 05:00:00 GMT

Tennessee law enforcement officials frequently receive tips about suspected drug activity throughout the state. Officers in Newport recently followed up on information received about alleged drug activity. This led to the arrest of three individuals on a variety of drug charges.

Officers from the Newport Police Department reported that they had been dispatched to a location where drug activity was suspected. Two officers were on their way to the location when they spotted a vehicle that was supposedly involved in the activity. The police followed the car for a period of time, then proceeded to stop the vehicle for speeding.

The officers got everyone out of the car. The occupants included a 22-year-old man, a 40-year-old man, a 24-year-old woman and the woman's 21-month-old child. Reports show that police discovered methamphetamine during a search of the younger man. The officers suspected that he was under the influence as they claimed he continually tensed his arms and had a heightened mood.

The police searched the vehicle and reportedly found more methamphetamine in a diaper bag. The three individuals were arrested and transported to the Cocke County Jail. A search of the older man purportedly found cash and a Suboxone strip. Charges against the three included possession of schedule II drugs, possession of drug paraphernalia, conspiracy to sell controlled substances and child endangerment.

Anyone facing drug charges in Tennessee should not take the matter lightly. If convicted, someone may have to pay large fines or spend a considerable amount of time in jail. It is imperative to present the strongest defense possible. A experienced criminal defense lawyer can help clients mount a vigorous defense with the goal of minimizing the negative impact on their lives.

2 facing drug charges following search of Sweetwater home

Thu, 12 Jul 2018 05:00:00 GMT

Police in Tennessee from various law enforcement agencies frequently join forces to work together. Officers often obtain search warrants when alleged drug activity is suspected at a residence. Recently, a search conducted at a home in Sweetwater led to the arrest of two men after drugs were reportedly discovered. The men now face various drug charges following the arrests.

According to narcotics agents from the Monroe County Sheriff's Office, a resident was searched after a warrant had been obtained. The homeowner and two other people were in the house when police arrived. The officers stated that they found the three men in a room with what was thought to be marijuana and some digital scales.

In addition, a backpack with some cash in it was located. Supposedly, officers then discovered a cigar bag containing methamphetamine. The homeowner, a 33-year-old man, was read his rights. At this point, he evidently told the police that the cash and marijuana were his; however, he stated that the meth did not belong to him. He now faces charges of possession of meth for resale, possession of drug paraphernalia and possession of marijuana for resale.

Another person in the house, a 59-year-old man, was said to have had meth in his wallet. Officers suspected that digital scales and plastic baggies found in the search belonged to this man since they were located in a room with mail addressed to him. The man has been charged with possession of drug paraphernalia and possession of meth for resale.

Facing drug charges in the state of Tennessee is a serious matter. If convicted, someone could be required to pay exorbitant fines or spend a significant amount of time in jail. However, everyone is entitled to defend themselves against these charges. An experienced criminal defense attorney will work diligently to present the strongest case possible for his or her clients.

Drug charges likely following recent Wilson County arrests

Fri, 06 Jul 2018 05:00:00 GMT

Many Tennessee residents have had parties at their homes at one time or another. During those times, there were likely cars coming and going while the party was underway. Recently, such activity at one home caught the eye of local police officers. An investigation of the activity led to several arrests for drug charges in Wilson County.

A deputy in the Wilson County Sheriff's Office had noticed heavy traffic in an area while on patrol. He went to a home where a party was apparently being held. The officer questioned the owner and reportedly smelled marijuana. A search warrant was then obtained.

Upon the search, marijuana, methamphetamine, cocaine, psychedelic mushrooms and fentanyl were evidently found. In addition, reports show that drug paraphernalia was also discovered. Officers stated that a homemade pill press, some weapons and several thousand dollars were located.

One individual was arrested for a domestic assault warrant and felony vandalism from other neighboring police districts. Another person was arrested for failure to appear for drug paraphernalia and simple possession from a nearby county. The Grand Jury is investigating the Wilson County arrests, and additional charges are likely for intent to sell, possession of drug paraphernalia and possession of firearms during the commission of a dangerous felony.

Facing drug charges in the state of Tennessee is a serious matter. If convicted, someone could be required to pay hefty fines or spend significant time in jail. It is important for anyone who is charged with a drug-related crime to contact an experienced criminal defense attorney as soon as possible. A knowledgeable lawyer will work to present the strongest defense possible with the goal of getting their clients' lives back to normal as soon as possible.

Six months of investigation lead to drug charges in Tennessee

Tue, 26 Jun 2018 05:00:00 GMT

Six people in Tennessee are currently behind bars while another reportedly remains at large in the aftermath of a major police investigation. Seven people were indicted on drug charges stemming from the investigation. The situation began when two people in a local area died of drug overdoses.

Authorities say those deaths led them on a trail that ultimately connected them to one particular woman. They believe she was acting as a community buyer who would allegedly purchase heroin and distribute it to others. Police claim they know where she was supposedly getting most of the drugs, which was from a man in the community who is a convicted felon.

Police also say they searched that man's garage during the investigation and found him in illegal possession of firearms. According to investigators, all those involved presumably were obtaining heroin and fentanyl through various channels connected to one main source, a man they labeled as the kingpin in the alleged drug operation, who reportedly got the drugs from someone in another state. Officials say approximately 94 grams of heroin as well as body armor and several guns were seized during the investigation.

Tennessee police have appealed to the general public to aid them in their search for the suspect who remains at large. Every person who faces drug charges in Tennessee or elsewhere is guaranteed the opportunity to defend him or herself to try to avoid conviction. Most choose to retain experienced legal representation before heading to court because experienced attorneys are often able to help defendants mitigate their circumstances.

Do stores really prosecute shoplifters?

Tue, 26 Jun 2018 05:00:00 GMT

When you shop at small and large stores alike, you may notice anti-theft signage. One common example of such a sign features a pair of eyes above the words, "Shoplifters will be prosecuted."

However, do stores actually follow through on their threats? Do they prosecute people who may have stolen only a $20 necklace?

Yes, shoplifters often do get prosecuted

In many cases, stores really will call the police on people they think have shoplifted, whether the items in question are a $1 glowstick or two expensive pairs of shoes.

However, there can be issues even if a store does not get the police involved at the time. A store may instead require you to sign an agreement that you will never return to the store. If you do, you would be subject to criminal trespass charges.

Stores may also ask you to pay fines. For instance, say the manager accuses you of taking a makeup cream that costs $15. Surveillance video appears to show you pocketing the item, and it was in your pocket when store security officials approached you. You gave the item back and signed some paperwork agreeing not to return to the store. End of story, right? In some cases, no. A store could pursue civil recovery and mail you a notice that you owe it a fine of, say, $350. It still has the option of getting law enforcement involved if it so chooses.

What is the takeaway? Even if the company chooses not to press charges for alleged shoplifting, you may still face a lot of hassle and end up owing a significant amount of money, especially if the store cannot restock or resell the merchandise.

The financial toll is immense

Many stores are so stringent when it comes to shoplifting because of the financial toll it exacts. Shoplifting alone could even be the reason that a small business is about to go underwater.

Teenager charged with juvenile crimes escapes from custody

Fri, 22 Jun 2018 05:00:00 GMT

There are times when teenagers may exhibit poor judgment and find themselves in trouble. One Tennessee teen was being detained for alleged juvenile crimes. However, while being held, the teen reportedly escaped from the facility.

A 17-year-old male from the Nashville area had been charged with drug and weapons possession. He was being held in Maury County at the Middle Tennessee Juvenile Detention Center. According to officers from the Columbia Police Department, the teen said that he was sick and needed medical attention. Reportedly, a guard from the facility drove him to the Maury Regional Medical Center emergency department.

Documents show that the teen supposedly escaped from the guard, although he was shackled and handcuffed. He evidently jumped into the window of a car that was waiting nearby. As soon as the teen got in the vehicle, reports indicate that it sped away. Police have stated that they believe the getaway was part of a deliberate escape plan. The guard was not injured in the escape.

Officers stress that the teen should turn himself in as soon as possible. They report that petitions for escape from a penal institution have been filed against the juvenile. In addition, anyone that has helped in the teen's escape will likely face criminal charges as well.

Those charged with juvenile crimes of any type in Tennessee should contact an experienced criminal defense attorney as soon as possible. A knowledgeable lawyer will work diligently to keep a case in juvenile court as opposed to having someone be tried as an adult where the potential penalties may be more severe. A strong defense team will strive to minimize any negative impact on a client's life.

Tennessee man charged with drunk driving after police chase

Thu, 14 Jun 2018 05:00:00 GMT

Charges for being intoxicated behind the wheel of a motor vehicle are no small matter, and may be particularly difficult when filed in conjunction with other charges. This appears to be the case for a Tennessee man who is charged with drunk driving, reckless endangerment and driving with a revoked license. He had one passenger in his vehicle at the time of his arrest, but she was not charged.

The driver allegedly led police from two different counties on a chase, although it is not clear what situation led to this incident. Sometime after the driver left the county where the chase initiated and passed into an adjoining county, he lost control of the vehicle while trying to navigate a curve in the road. His vehicle ran off the road, hit several trees and rolled to a stop on the left side.

The impact of the crash tossed the passenger out of the vehicle. She was able to walk after the crash, but was taken to an area hospital anyway, where both she and the driver were admitted for treatment. It is not clear how authorities determined the driver's blood alcohol content when he was arrested for a DUI, but common methods include Breathalyzer, blood or urine tests. He also did not possess a valid license at the time of the wreck.

Tennessee defendants facing drunk driving charges understand that these allegations can have a profound impact on their lives and are eager to find a way to minimize these effects. This process typically starts with a thorough review of all charges, related evidence and important information related to an arrest. Doing so can create a stronger defense foundation, on which individuals can garner the best possible outcome for their unique situations.

5 facing drug charges after Nashville raids

Thu, 07 Jun 2018 05:00:00 GMT

Law enforcement agencies in Tennessee often work together when investigating alleged drug operations. Various organizations recently teamed up in Nashville to address reported drug activity in some residential areas of the city. Five individuals are now facing a variety of drug charges following a series of raids by police officers.

Reports show that police conducted two searches at the same time late last month. One search occurred at a home in Goodlettsville, while the other took place on a street outside the city. Two men and one woman were arrested after marijuana and a firearm were apparently found. Police then went to another location on Music Row. Two additional men were arrested after marijuana was discovered near a drug-free zone.

In addition, officers purportedly found over $110,000 in cash, as well as ecstasy, LSD and THC oil cartridges. Documents show that an SUV, multiple firearms and motorcycles were located in the searches. Agents involved in the operation stated that residents in these quiet neighborhoods were likely unaware that an operation of this size was taking place.

The individuals involved now face charges of possession of marijuana, possession of THC oil and possession of a firearm during a dangerous drug felony. Other charges include conspiracy to distribute marijuana and conspiracy to distribute waxes and THC oil. Agencies involved in the operation include the Tennessee Bureau of Investigation, the U.S. Postal Service, the 18th Judicial Drug Task Force and the Metro-Nashville Police Department.

Facing drug charges in the state of Tennessee is a very serious matter. If convicted, a person could face substantial fines and/or significant time in jail. It would be wise to contact an experienced criminal defense attorney as soon as possible. A trusted lawyer will work with clients to minimize the potential negative impact on their lives.

Tennessee driver charged with drunk driving

Wed, 30 May 2018 05:00:00 GMT

A woman believed to have picked up a group of students while intoxicated is facing serious charges in Sweetwater, according to local sources. Tennessee authorities arrested the woman on suspicion of drunk driving on the afternoon of May 21. She faces a DUI charge as well as four counts of felony recklessness. If she is found guilty, she could go to jail for a substantial period of time and lose her driver's license, possibly permanently.

According to officers on the scene, the woman was observed by witnesses striking a curb in a parking lot, which prompted notification of police. Officers worked in conjunction to track down the vehicle, which had departed by the time officers arrived. It was found at a local intermediate school where the woman had picked up four children ranging from ages 7 to 12. Her vehicle was tailed by detectives, who say they observed her nearly run a red light before striking another curb at some 40 mph.

Officers pulled the 32-year-old woman over, and gauged her condition as intoxicated. They noted an inability to focus and slurred speech, so they initiated roadside sobriety testing. The woman failed the tests but refused a blood test, and was arrested.

A drunk driving charge can stay with someone for a long time, and the consequences are far-reaching, influencing family, employment and more. However, it will be the province of Tennessee prosecutors to prove conclusively in criminal court the woman was indeed drunk behind the wheel when she picked up the children. In the absence of compelling evidence, such as a blood test, this could prove difficult. Her criminal defense team may take this into consideration when preparing a defense against the charges.

Source: citizentribune.com, "Driver with car full of kids charged with DUI", Michael Thomason, May 24, 2018

Always refuse a search of your vehicle

Mon, 28 May 2018 05:00:00 GMT

For the most part, the police can only search a car if they have a warrant. This will not stop them from asking if it is all right if they search your car during a traffic stop. You have a right to refuse and wait for a warrant to arrive if an officer is certain a crime has taken place.

You should remain calm, cool and collected during a traffic stop. You do not want to give officers any reason to suspect you committed a crime. Even if you believe they will not find anything incriminating inside your vehicle, you should still always say, "No."

You never know what an officer may find

If you are a tourist in the city, then you may use a rental car. You never know if the rental company thoroughly searched and cleaned the car, and there may be something illegal inside that is not yours. If you try to tell the police you had no idea it was there, they are not likely to believe you. You do not have to consent to a search, so you should not willingly do it.

The police could damage something

If you consent to a search, then the police may spend upwards of 30 minutes checking every inch of the car. They may not find anything, but they may be careless when handling your personal belongings. You will be out of luck if an officer ends up damaging something valuable.

You protect yourself in court

By clearly refusing a search, you protect yourself in court in the event the police decide to search your vehicle anyway. There is not much you can do if they force you to step out of your car and search your vehicle. However, in this instance, anything illegal they find cannot come up in court. They obtained it through unconstitutional methods, so you have a better defense in court.

Rise in juvenile crimes in Tennessee schools, report says

Thu, 24 May 2018 05:00:00 GMT

Teachers and administrators do their best to keep schools safe, but this can be a challenge when students act out. According to recent figures, crimes reported in elementary and secondary schools across the state have increased 13.5 percent over the past three years. This concerning increase in juvenile crimes on school premises was shared in a report from the Tennessee Bureau of Investigation released in May 2018.

According to the report, 27,038 total incidents took place between 2015 and 2017. Of these, 37.4 percent of the incidents were characterized as simple assault. The most common demographic group to be accused of juvenile crimes in Tennessee schools were boys between 16 and 17 years of age. This group comprised 28.1 percent of offenders.

Females were more likely to be victims of these crimes than males, with girls accounting for nearly 53 percent of all victims. Drug violations and vandalism were also commonly reported in schools across the state. Reporting rates for these crimes increased by 29.2 percent and 16.8 percent respectively between 2015 and 2017.

The Tennessee Bureau of Investigation published some additional findings in its report, including data on the frequency of offences involving firearms. According to TBI figures, 351 of the offenses over this three-year period involved firearms. However, it was unclear from the report whether firearm-related offenses saw an increase or decrease between 2015 and 2017. The increase in reported crimes may also mean more young people are being charged with juvenile crimes in Tennessee. It is a good idea for those charged with such crimes to speak with an attorney about their best defense options.

Source: knoxnews.com, "Tennessee schools see increase in crime, TBI report shows", Hayes Hickman, May 15, 2018

Theft and property crimes: Gas clerk shoots robbery suspect

Wed, 16 May 2018 05:00:00 GMT

Police say three men who allegedly tried to rob a gas station got more than they bargained for from an angry clerk. This incident, classified under theft and property crimes in Tennessee, involves accusations that three armed men tried to rob a gas station store and the clerk wasn't having it. The 58-year-old employee is said to have fought back and ended up shooting one of the suspects.

The worker was on a break when police said the suspects, who were armed, began to run toward him. The worker apparently claims that one of the suspects pointed a gun at him, so he used his firearm to shoot the man, wounding him in the stomach. He alleges that the two other suspects fled the scene, leaving their injured cohort.

The employee said he tried to tend to the wound he'd just inflicted on the 18-year-old who supposedly tried to rob him. He called 911 and performed CPR on the teen. The young man is in hospital in stable, but critical condition. The clerk said in his 19 years working at the gas station, this was the first robbery incident he had experienced. Police are searching for the other two suspects and say they will charge the wounded man with unlawful possession of a gun, gun theft and attempted aggravated robbery when he is released from hospital.

Theft and property crimes are serious business in Tennessee. The law does not look favorably on people who commit these crimes. So, getting the help of an experienced attorney to fight the charges might be a wise decision on the part of those accused. A lawyer may be able to mount an aggressive defense. The burden of proof in criminal proceedings lies entirely on the prosecutors, and a savvy defense attorney will fight to achieve the best possible result for a client.

Source: wsmv.com, "Joelton gas station clerk fights back, shoots robbery suspect", Kara Apel and Kim St. Onge, May 11, 2018

Alleged domestic violence stems from man not paying for abortion

Mon, 07 May 2018 05:00:00 GMT

A 30-year-old woman is in jail for allegedly assaulting her boyfriend. The alleged episode of domestic violence in Tennessee took place when the man said he refused to give his girlfriend money to have an abortion. He told cops when he told the woman he wouldn't foot the bill to terminate the pregnancy, she physically lashed out at him.

The man said the accused became irate when he didn't fork over the $300 the abortion would have cost. He went on to tell police that he tried to leave his residence, but the woman got into his vehicle and would not get out. Instead of walking away, the man got into the car anyway and began to drive. That is when he alleges his girlfriend began to hit him in the head.

The guy's girlfriend apparently became so incensed that she supposedly tore the rear view mirror from the windshield. The man stopped at a nearby fire station to get some help. The woman was arrested and charged with domestic assault causing bodily harm.

While no Tennessee attorney can ensure that a domestic violence charge will be dismissed or reduced, following a lawyer's advice may be able to increase a client's chances of having charges resolved in a satisfactory manner. A domestic violence conviction can carry serious consequences like jail time, loss of social standing and even losing custody of children. An experienced attorney may be able to help a client accused of such a serious crime to present the best case possible.

Source: wreg.com, "Police: Man attacked after saying he wouldn't pay for woman's abortion", Eryn Taylor, May 1, 2018

Juvenile crimes: Minor facing auto theft, weapons charges

Mon, 30 Apr 2018 05:00:00 GMT

A 17-year-old male is facing weapons charges in connection with a recent police search. The Metro Police Juvenile Crimes Task Force in Nashville came across a vehicle that was reported stolen while on the lookout for other stolen Tennessee vehicles. When they approached the car, the driver allegedly fled. Cops found the car in a nearby neighborhood. According to witnesses, the driver and passengers ran into an apartment.

Upon investigation, the cops said they smelled marijuana coming from the apartment where they found four people, two under the age of 18. An 18 and 17-year-old male allegedly told cops they were in the vehicle. While searching the apartment, police claim to have found firearms, drugs and drug paraphernalia. One of the firearms was said to be stolen.

Police said one of the juveniles claimed the guns was his. He has been charged with three counts of unlawful gun possession and theft of a gun, as well as auto theft. The 18-year-old was also accused of auto theft. Two other men in the apartment, aged 28 and 32, have been charged with drug possession for resale.

The parents or guardians of underage Tennessee residents who are accused of juvenile crimes may find the help of a Tennessee attorney invaluable. Serious felony offenses like auto theft and drug crimes may be punishable by jail time. Having an aggressive legal team may significantly improve the chances of a positive outcome for those who have been accused of juvenile crimes. A lawyer may be successful in reducing any sentences or having the charges dismissed entirely.

Source: East Nashville TN Patch, "Nashville Juvenile Task Force Seizes Guns, Drugs, Stolen Car", J.R. Lind, April 26, 2018

3 things you can refuse when stopped by police

Fri, 27 Apr 2018 05:00:00 GMT

Many tourists come to the Sevierville, Tennessee area for the wealth of attractions, from Dollywood in Pigeon Forge to the natural beauty of the Great Smoky Mountains National Park. What you may not know as a visitor to the area, however, is that local law enforcement is extremely vigilant in policing. You may find yourself facing DUI charges if you drive while under the influence on vacation.

Here are three things you can refuse when police pull you over.

1. You can say no to a police search of your vehicle

You do not have to let police search your vehicle during a traffic stop if they request to do so. It is your constitutional right under the Fourth Amendment to refuse this search. This can ultimately protect you if you have to go to court, even if police do move forward with the search.

2. You can refuse consent to a Breathalyzer test

If police pull you over on the suspicion that you are driving under the influence, they will most likely ask you to take a Breathalyzer test to reveal your blood alcohol content. Although a wrongful refusal is not technically a criminal violation of Tennessee state law, it does carry the risk of some harsh penalties. If you decide to refuse a breath test, you should contact a DUI attorney to assist you in moving forward with your case.

3. You can refuse to speak without an attorney

If law enforcement arrests you, you can refuse to speak to police without an attorney present. Although police officers may present themselves as friendly to try to get you to talk freely, they are not your friends. An attorney, on the other hand, has your best interests in mind, and will work to guide you through the process and protect your rights.

Tennessee man faces drug charges

Mon, 23 Apr 2018 05:00:00 GMT

A man in Lawrenceburg is facing serious charges following his arrest by local sheriff's deputies, according to a recent report. A captain in the Tennessee county's local law enforcement has confirmed that the 34-year-old man is facing a variety of drug charges. The man is currently being held in a county jail against $279,000 bail. No court date has been announced at this time.

Details surrounding the man's arrest are incomplete at this time, as police are still gathering evidence that will be used by the prosecution in the case against him. It appears the man was apprehended by law enforcement officers somewhere in the vicinity of April 19 in Lawrence County. Officers say he was carrying a variety of drugs on his person at the time he was detained.

There is no mention of why the man was questioned by police, whether it was part of a larger operation or simply a routine traffic stop. This information will be invaluable to the man's criminal defense strategy, as it will shed light on the specifics of police involvement with the case. For the moment, the man is believed to have been carrying methamphetamine for resale. He is also believed to have been in possession of Xanax and oxycodone for the same purpose, as well as a weapon of indeterminate type.

If he is found guilty of the drug charges filed against him, the man could spend years in a Tennessee prison. However, the specifics of the case, most particularly the conduct of the officers involved in his search and detainment, could play a significant role in how the trial plays out. His defense team will work to ensure his rights are observed throughout the trial, and that every effort is made to represent his individual interests.

Source: timesdaily.com, "Lawrence, Tennessee, man facing drug charges", Tom Smith, April 19, 2018

2 Tennessee police officers face drug charges

Thu, 19 Apr 2018 05:00:00 GMT

Two officers in Memphis have been charged in connection with an alleged drug transport they are believed to have taken part in. Tennessee authorities have confirmed that the two police officers, both men aged 41 and 25, are facing drug charges including conspiracy to distribute. These two officers were set to be arraigned on April 16.

According to police records of the incident, the 41-year-old officer was on duty but the 25-year-old was not when they are said to have met with an individual they believed to be a drug dealer on the night of April 12. The elder officer drove his patrol car to a storage facility, leading a second vehicle believed to contain more than five pounds of heroin. The younger officer was in the car allegedly carrying the drugs.

Police say the officers were paid $9,000 by the dealer, who was, of course, an undercover officer. They were arrested in the parking lot of the facility. They face multiple drug charges for their alleged role in this distribution scheme. It has not been confirmed whether either of them have retained defense counsel at this time.

Drug charges of this severity could spell the end of both men's professional careers in law enforcement, not to mention the potential for considerable jail time and fines. Tennessee prosecutors will be tasked with proving both officers' complicity in the alleged distribution operation. In the meantime, their legal counsel will work independently to review the facts of the case and build a credible, consistent defense against these serious charges.

Source: timesfreepress.com, "2 Tennessee officers charged with helping transport heroin", April 13, 2018

Law proposed that would affect charges related to drunk driving

Fri, 13 Apr 2018 05:00:00 GMT

Blood tests, as well as breath tests, are often administered to drivers when police suspect them of driving under the influence. While someone stopped for alleged drunk driving can refuse to take one of these tests, he or she may currently face other charges if they do. The Tennessee legislature is considering a change in the law that would eliminate the criminal charges for not agreeing to undergo the blood or breath tests.

Currently, with the state's implied consent law, motorists agree to take the tests -- if they are suspected of alcohol consumption -- just by getting behind the wheel and driving. While drivers can refuse to submit to the blood and breath tests, misdemeanor charges may follow in certain instances. Anyone driving on a revoked license who will not take the test is likely to be charged. In addition, if a driver does not adequately perform the test, charges can occur.

Tennessee lawmakers are considering a ruling made by the Supreme Court in 2016 that deemed the criminal charges for refusing the tests unconstitutional. Advocates of the bill claim that it will enable police officers to be more effective in their abilities. The bill has been deferred by the House Criminal Justice Committee and will be voted on soon by the Senate Judiciary Committee.

Laws pertaining to drunk driving may change over time, like the one related to the constitutionality of blood alcohol testing. If someone has been charged with this offense, it would be beneficial to seek the advice of an experienced Tennessee criminal defense attorney. A knowledgeable lawyer who is up to date with any changes to the laws will work with clients to develop a rigorous defense against the charges.

Source: wbir.com, "Bill would remove criminal charge for refusing blood test for DUI", Grant Robinson, April 2, 2018

Morristown residents facing drug charges after arrests

Fri, 06 Apr 2018 05:00:00 GMT

Tennessee law enforcement officials are very vocal about their efforts to reduce drug activity within the state. Various agencies often combine resources to investigate alleged activity. The investigations often include many personnel and are conducted over a long period of time. A recent effort among local and state personnel resulted in the arrests of 14 individuals on several drug charges.

The Tennessee Bureau of Investigation and the Morristown Police Department have worked together for two years on this case. Officers obtained a search warrant recently for the home of a 32-year-old man. After the search of the man's home, police reported that they found over $20,000 in cash, as well as almost 600 grams of marijuana and drug paraphernalia. He has been charged with Possession of Unlawful Drug Paraphernalia and Sale and Delivery of Schedule VI Controlled Substance.

Thirteen other Morristown residents were indicted on a variety of charges related to this investigation, according to court documents. The men and women who were indicted range in age from 26 to 62. The charges against them include Sale and Delivery of Controlled Substance, Schedule II or Schedule III, according to the Assistant Director of the Drug Investigation Division.

Anyone facing drug charges in the state of Tennessee should contact an experienced criminal defense attorney as soon as possible. If convicted, a person could face hefty fines or significant time in jail. A knowledgeable lawyer will work diligently to present the most rigorous defense possible against the charges. A strong defense team will strive to keep any negative impact on a client's life to a minimum.

Source: wate.com, "14 arrested in Morristown drug bust", March 29, 2018

Why you should avoid taking a field sobriety test

Thu, 29 Mar 2018 05:00:00 GMT

If police officers stop you, suspecting a DUI, they may ask you to step out of your car and perform a field sobriety test. The standardized form of this test is supposed to measure your eye's ability to track, as well as basic physical coordination.

While the line of thinking is that the test makes it easy to tell whether you have consumed enough alcohol to impair important functions, several factors make this test inaccurate. Unlike breath testing, the sobriety test is not covered by Tennessee's implied consent laws, so you should not incur the corresponding penalties for refusing.

How the test works

The major components of a standard FST are the horizontal gaze nystagmus, which tests the eye's ability to focus and track; the walk and turn and the one-leg stand. Many people do not realize that the test actually begins when the officer starts giving the instructions. Visible inattention or failure to follow directions exactly will count against you in the officer's assessment.

Why you do not need to be impaired to fail

If you think there could be a million reasons why a person might fail any part of the test without having taken even a sip of alcohol, you are correct. Many types of medical conditions, as well as some medications, can affect a person's balance or eye focus. Uncomfortable shoes or even simple tiredness can lead to a lack of balance.

People mishear or misinterpret instructions because they have a hearing impairment, do not speak English or become extremely nervous, as many people do when interacting with law enforcement. A high level of noise nearby can also interfere with your ability to hear the instructions properly.

No objective way to know if you passed or failed

In addition, the decision whether someone passed or failed an FST can be highly subjective. Although officers are supposed to receive training in administering and evaluating the FST, there is not a way for these results to be completely independent from a particular officer's individual perceptions.

What to do

Nevertheless, a failed test can add to the weight of evidence against you. For this reason, you should courteously decline to take it. If you did take and fail the test, an experienced attorney may still be able to challenge this and other evidence against you.

Theft crimes at 4 churches charged against Shelbyville couple

Wed, 28 Mar 2018 05:00:00 GMT

The incidence of arrests of persons for stealing property is high in Tennessee. It seems lately that even churches and public buildings are vulnerable. When such arrests are made, the police must have solid evidence to prevail in a prosecution. Speculation about the identity of the perpetrators is not enough.

Recently, the Shelbyville Police arrested a married couple in their home on charges of stealing property from four churches and one home. Whether the police have an ironclad case, however, remains to be seen. They report having followed footprints and tracks that led from a small dolly or cart to the couple's home on Woodbury Street. They arrested the couple for alleged burglary and theft in stealing thousands of dollars of property from the victims.

On the surface, those facts are sketchy and do not give any idea of whether the police have any direct evidence against the suspects. The authorities were responding to what appears to be an unrelated car burglary near the Victory Celebration Revival Church. Although the reports are unclear, the authorities apparently observed the alleged footprints and tracks in or around the vicinity of the church. Whether by coincidence or not, the Victory Celebration Church is listed as one of the four places of worship that were burglarized.

Defense counsel will investigate the alleged burglaries and will seek to identify the items reported stolen from each victim. It will be critical to determine whether a good part of the stolen items was found in the suspects' possession. If not, the case could be weak for the prosecution. Under Tennessee law, the entries to the churches with the intent to commit a theft inside would qualify as a burglary, which is a felony that can carry a stiff sentence of imprisonment. Generally, if negotiations are pursued, the prosecution may agree to drop the theft crimes in return for a plea to the burglary crimes, or vice versa.

Source: wsmv.com, "Police arrest Shelbyville couple accused of 4 church thefts", Chuck Morris, March 21, 2018

Drunk driving charge can be challenged on several grounds

Fri, 23 Mar 2018 05:00:00 GMT

The Tennessee Highway Patrol never knows what it is in for when it pulls over a vehicle on a traffic stop. Where erratic driving is observed, the police will always check for signs of drunk driving. In one recent incident, a Highway Patrol Trooper claims that he attempted to make a traffic stop, but the suspect car containing a driver and one passenger crashed before he could accomplish the task.

The driver and passenger made things tougher for themselves by exiting the crashed vehicle and running from the approaching trooper, according to police reports. The trooper was in luck because the Henry County Sheriff's Department was hosting a K-9 school nearby. With the help of several dogs and some sheriff's deputies, the police say that they apprehended the two men near the scene. After the suspects were in custody, a sheriff's deputy searched the car and allegedly found a handgun and eight hydrocodone tablets.

Authorities charged the driver with reckless driving, driving with a revoked driver's license, firearms possession, DUI and a gun violation. They charged the passenger with simple possession of a controlled substance and a gun charge. It is currently unknown what the police did to establish the drunk driving charge.

Criminal defense counsel in Tennessee will investigate the drunk driving arrest to determine if the police conducted a proper stop, did field testing and followed all protocols. Any number of errors in police procedure can result in a dismissal of drunk driving charges. In addition, there must be reasonable suspicion to search the vehicle. In this case, that suspicion may have existed, considering the combination of erratic driving and the one-vehicle crash. The allegation that the occupants ran from the crashed vehicle would support a reasonable suspicion that may justify the search.

Source: parispi.net, "PARIS TN: Hounds help chase down two men running from trooper", Adam Jenkins, March 13, 2018

Former president of school’s PTO facing theft charges

Wed, 14 Mar 2018 05:00:00 GMT

Parent-Teacher Organizations are prevalent at many schools throughout Tennessee and all across the country. The volunteers often work together to raise funds for school improvements, teacher appreciation or student programs. One former PTO president was recently arrested and accused of theft from her school's organization in East Tennessee.

Authorities report that a 48-year-old Johnson City woman was arrested after claims she stole over $9,500 from the Ridgeview Elementary School's Parent-Teacher Organization. The alleged theft was said to have taken place between 2015 and 2017.Officials from the Tennessee Comptroller's Office reported that they discovered that unauthorized checks from the PTO were written payable to cash. In addition, they stated that the woman made counter cash withdrawals at a financial institution.

Law enforcement officials from the Washington County's Sheriff's Office were made aware of the missing funds in Aug. 2017, when the PTO account had been reviewed. Apparently, the supposed misappropriated funds were used for a variety of personal purchases. Reports state that the woman bought a swimming pool mat and cigarettes, among other items.

Evidently, one of the woman's relatives gave a $10,000 check to the school's PTO, stating that they didn't think she could make it if she had to go to jail. Officials kept that check as evidence in the case. Authorities also content that she concealed her actions by not submitting bank statements and other documentation to other PTO officers. The organization has since taken actions to separate financial responsibilities among its officers, requiring dual authorization on transactions.

There are many classifications of theft in the state of Tennessee, ranging from petty theft to grand larceny, depending on the value of the stolen items. The charges, whether classified as misdemeanors or felonies, carry with them a variety of potential penalties, such as fines and jail sentences. A Tennessee criminal defense attorney can help someone defend themselves against these charges. A strong defense team can help minimize the negative impact to a client's life.

Source: wjhl.com, "Ridgeview Elementary PTO president indicted, arrested on theft", March 12, 2018

Lack of facilities for those accused of juvenile crimes

Thu, 08 Mar 2018 06:00:00 GMT

Overcrowding in jails is cited as a problem in many Tennessee counties. Space is an issue for several areas, regardless of the size of the city or facility. This has become an increasing concern for those who have committed juvenile crimes.

In West Tennessee, several law enforcement officials have stated that many minors do not go to jail. This is due to the fact that numerous counties in the region do not have a juvenile detention center. Rather than drive hours to find the nearest facility, officers occasionally ride around with a teen in their squad cars. Police acknowledge that with nowhere to house the young individuals, they are usually escorted back home to the custody of their parents. Unfortunately, officers in one Tennessee county report that they see the same teens out in the area again after they are released.

While the alleged crimes are often for minor offenses, there are more serious issues in some cases. Police departments report that some juveniles have apparently been involved in assaults, thefts and attempted homicides. Providing appropriate facilities for the minors is essential, yet funding them is a challenge. In addition, more resources are needed to run them than a regular facility since juveniles have educational, counseling and specific sleeping requirements.

In spite of the shortage of facilities in some areas, being charged with juvenile crimes is a serious matter. A Tennessee criminal defense attorney can assist those facing that situation. An experienced lawyer will fight to make sure that a client stays in the juvenile court system if at all possible. Another goal for a defense team is to minimize the negative impact on the juvenile's life.

Source: fox13memphis.com, "Teen criminals being released due to lack of detention center in Western Tennessee", Zach Crenshaw, Feb. 27, 2018

Routine traffic stop results in drug charges against driver

Wed, 28 Feb 2018 06:00:00 GMT

A good number of Tennessee motorists have been known to exceed the speed limit on occasion when driving. Highway patrol officers and other law enforcement personnel are often on the watch for speeding drivers and will pull them over to ticket them when spotted. Unfortunately, one driver who was recently stopped for speeding received more than a ticket. After a search of his vehicle, the driver faces drug charges after several illegal substances were allegedly discovered.

According to the Tennessee Highway Patrol, a driver was pulled over by a trooper for speeding on Interstate 40 in Jefferson County. The trooper apparently noted some suspicious behavior and was joined by another officer to conduct a search of the vehicle. The driver had consented to the search, according to reports.

During the search of the car and the driver's luggage, officers supposedly found an ounce of heroin in a vacuum-sealed bag. In addition, reports show that there were 44 bags with 100 pills in each that were found in the search. While several of the pills were recognized as OxyContin, others had likely been made with an unknown substance and had not been commercially produced. An officer from the Drug Enforcement Agency Task Force participated in the investigation. The driver, a 37-year-old man from another state, was charged with felony possession of heroin and schedule 2 pills for resale.

Being convicted of drug charges in Tennessee can bring serious consequences to someone's life. It would be wise for anyone facing these charges to contact an experienced criminal defense attorney as soon as possible. A strong defense team will work with clients throughout the entire legal process with the goal of minimizing the negative impact on their lives.

Source: citizentribune.com, "Jefferson traffic stop leads to heroin bust", Feb. 25, 2018

What to say after the cops pull you over after one drink

Mon, 26 Feb 2018 06:00:00 GMT

DUI laws constantly change. For example, take a recent case in Tennessee where an appeals court found that an automatic $250 fine placed on people convicted of DUI based on a breath or blood test was unconstitutional.

The best action to take is to simply avoid driving after drinking. Many people do not get behind the wheel after drinking an excessive amount. However, many people do not see the harm in driving after just one beer. This begs the question: What should you say to a police officer if he pulls you over after you had just one alcoholic drink?

Do not answer incriminating questions

When an officer pulls you over, you do need to provide some information. You need to tell the officer your name and date of birth if asked. Additionally, you need to provide your driver's license and insurance information. However, if the cop asks you if you drank any alcohol that evening, then you do not have to provide information. You can respond with, "I would rather not say." You can also say that you would like to speak with your attorney before any additional questioning.

Do not lie

It is preferable to say that you would prefer not answering the question than outright lying. If you say you had absolutely nothing to drink but a breath test shows a BAC of 0.02 percent, then the cop automatically becomes suspicious. Although 0.02 percent is not over the legal limit, an officer may still require you to go through sobriety tests. The officer may take you to the station if you have any alcohol in your system and were still driving recklessly.

Comply with any requests

If you had one drink a couple hours ago, then you should be able to pass sobriety tests with no problems. Refusing a breath test could result in automatic suspension of your license. If you honestly only had one drink, then you might as well take the test.

Tennessee teens charged with juvenile crimes

Thu, 22 Feb 2018 06:00:00 GMT

Teenagers often say things without thinking. To make matters worse, they often repeat things they hear without verifying information. The majority of the time, this lack of thinking causes only minor problems and is quickly resolved. However, in today's society, when a Tennessee student makes comments related to gun violence and schools, he or she can be charged with a variety of juvenile crimes, which could result in a lifetime of consequences.

Recently, a 17-year-old high school student appears to have told a group of his friends that there would be a shooting at the high school later that afternoon. His 16-year-old brother then apparently repeated this information to other students. According to the students involved, they made these comments in jest and there was no foundation in their claims. However, law enforcement officers, the school and some students expressed concern over the potential for violence.

Unfortunately, school shootings are something that must be taken seriously. When the supposed threats were reported, the school was placed on lockdown and an investigation began. The two teenagers were arrested and charged with juvenile crimes. The older teen is currently in a juvenile detention facility awaiting a court appearance. The younger teen has pleaded guilty to misdemeanor charges.

In a situation such as this one, a moment of thoughtless behavior and comments can lead to serious charges. The repercussions of such action can have a lingering impact on the Tennessee teenagers and their families. When parents find that their child has been charged with juvenile crimes, they will want an experienced criminal defense attorney representing the child throughout the legal proceedings.

Source: citizentribune.com, "Brothers Charged With School Threat Appear In Juvenile Court", Ken Little, Feb. 16, 2018

Court rules that state lab can’t be paid for drunk driving test

Tue, 13 Feb 2018 06:00:00 GMT

In the state of Tennessee, motorists must often undergo a blood or breath test if they have been stopped for driving under the influence. In fact, many charges for drunk driving stem from the results of such tests. However, the state appellate court recently ruled that it is unconstitutional to pay fees to the labs conducting the tests.

Motorists convicted of drunk driving were required to pay $250 to the Tennessee Bureau of Investigation for a blood alcohol or drug concentration test (BADT). Reportedly, the state raised $3 million in revenue from these tests. Any results from the state lab were admissible as evidence in court.

Twenty drivers accused of driving under the influence challenged this practice as unconstitutional since the lab had a financial motive to find motorists guilty. A special agent with the TBI was fired after a driver was falsely accused of drunk driving. Proponents of the practice argued that the state lab was prevented from cheating since the results could be independently tested. This would prove difficult for defendants with lower incomes.

The appeals court ruled that the current practice did in fact create a possibility for bias among the lab technicians. The judges found that the TBI had a financial interest in obtaining convictions through the BADT. In fact, the ruling stated that employees in the lab felt pressure to convict motorists.

Being charged with drunk driving can be a major disruption to someone's life. If convicted, a person may lose a license, be required to install an ignition interlock, pay fines and/or spend time in jail. To minimize these possible outcomes, it would be beneficial to contact a Tennessee criminal defense attorney. A trusted lawyer will evaluate all evidence used in the case, such as the BADT, to assess whether it was obtained and tested appropriately.

Source: thenewspaper.com, "Tennessee Court Strikes Down Paying Lab For DUI Convictions", Feb. 8, 2018

Men facing drug charges after seizure of drugs in Murfreesboro

Tue, 06 Feb 2018 06:00:00 GMT

A drug called MDMA, also known as Molly or Ecstasy, has gained popularity in Tennessee and other parts of the country. The drug is considered to be a stimulant or hallucinogen and is used to alter one's mood. The National Institute on Drug Abuse reports that those who use it may feel energetic, yet experience problems with time and sensory perception. While use of the drug is a crime in Tennessee, distributing it would be a more serious offense. Two men are facing drug charges surrounding their alleged involvement in a purported distribution cell in Murfreesboro.

According to the Murfreesboro Police Department, information regarding an apparent drug trafficking operation was received by the Drug Investigation Division of the Tennessee Bureau of Investigation. They learned that a supposed delivery was to be made to a planned distribution cell. Upon arriving at the proposed location, officers from the police department and the Rutherford County Sheriff's Office discovered a large amount of MDMA. Agents were concerned that the substance would have been used purportedly used in the distribution of capsules and pills across the state.

A 24-year-old man and a 37-year-old man were arrested following the search. They are facing charges of schedule 6 drugs for resale and possession of schedule 1 drugs. Their bond has been set at $100,000. The men are being held at the Rutherford County Jail.

Whether someone is facing drug charges of possession, distribution or trafficking, those accusations should be taken seriously. A conviction could result in sizable fines and/or significant time in jail. To minimize disruption of one's life, it would be prudent to seek the guidance of an experienced Tennessee criminal defense attorney. A trusted lawyer will work diligently to achieve a favorable outcome on a client's defense.

Source: murfreesboropost.com, "Two arrested in large drug bust in Murfreesboro", Sam Stockard, Jan. 30, 2018

Juvenile crimes: Oak Ridge teen arrested following explosions

Thu, 01 Feb 2018 06:00:00 GMT

Many teenagers across the state of Tennessee want to grow up quickly. They want to do things all on their own and be as independent as possible. However, since they are still young and are not always acting maturely, some questionable behavior may occur. There are also instances when the actions of some youth result in juvenile crimes. This was recently the case in an incident in Oak Ridge.

The Oak Ridge Police Department reported that they arrested a juvenile male for supposedly causing explosions. Law enforcement officials searched the young man's vehicle outside Oak Ridge High School. The bomb squad from the Knoxville Police Department assisted with the investigation. The bomb squad's involvement was to ensure safety of those involved, according to reports that stressed that no one was in danger during the incident.

The young man was arrested following the search and was taken to the Anderson County Juvenile Detention Center. He was charged with two counts of possession or manufacture of prohibited weapons, which is a Class B felony. The juvenile appeared in court and was then released.

The juvenile has been supposedly linked to two other incidents involving explosions. In one case, a concrete picnic table was reportedly damaged near a local football field. Also, police claim that they had discovered signs that an explosion had happened at a city park. An investigation of these incidents continues.

When someone is convicted of juvenile crimes, the sentences imposed are typically less harsh than if the juvenile had been tried as an adult. Therefore, it is important to make every effort to keep the case in juvenile court. A Tennessee criminal defense attorney will work together with a young person and his or her parents to gain a thorough knowledge of an individual case. An experienced attorney will strive to minimize potential negative consequences to a client's life.

Source: knoxnews.com, "Student in Oak Ridge explosions case faces felony charges", Jan. 24, 2018

3 things to do if police pull you over for a traffic stop

Wed, 31 Jan 2018 06:00:00 GMT

It will happen to you at some point in your life. One day, you will be heading home from work or running errands and a police officer will pull you over. This may be a frightening and unnerving thought, especially if you are drunk or speeding. After all, traffic stops are never an enjoyable experience.

It may be stressful, but a traffic stop can be quick and smooth if you play your cards right. If you handle yourself correctly, you can have a much more pleasant experience with the cops. Here are some tips for making this undesirable interaction as painless as you can.

1. Pull over quickly but safely

You should pull over as soon as possible, but only if you have adequate room on the side of the road. According to Business Insider, you should only pull over when you can do it safely. If you cannot pull over safely right away, turn your turn signal on and slow down a little bit to show the officer you intend to pull over. But do not wait too long to pull over or else the cop may get upset.

2. Be ready and cooperative

As soon as you stop at a safe space, you should do a few things to prepare to talk to the officer and show you are compliant:

If it is night time, you should also turn on your interior light.

3. Do not give the cop an excuse to search your vehicle

The police can only search your car if they have probable cause, a warrant or there is something suspicious in plain view. If you try to throw something out the window or hide something in your car, the cop may have probable cause to conduct a search. Do not make any sudden movements or reach for any objects unless the officer asks you to do so.

Drug charges filed following raid on East Nashville home

Fri, 26 Jan 2018 06:00:00 GMT

Police officers in Tennessee routinely search homes as part of investigations. However, they must go through the proper procedures and protocols to obtain search warrants to gain legal access to someone's home. At that point, a search can be conducted by authorities. A recent search in East Nashville resulted in drug charges against three people.

Metro Nashville police officers conducted the search of a home after they had obtained a search warrant. Upon the search, they allegedly found 16 grams of marijuana and 220 grams of mixed heroin and cocaine. Also reportedly discovered in the search were almost $10,000 in cash, handguns, rifles and a car. Police claimed that the vehicle was used in drug activities.

A 25-year-old man, a 30-year-old woman and her 24-year-old sister were arrested on various drug and weapons charges, following the search. In addition, all three face charges of child endangerment. There were supposedly children ranging in age from 3 weeks to 11 years old in the home at the time of the search. The children were released to a family member. All are being held on bonds from $48,000 to $135,000.

Facing drug charges in the state of Tennessee can be a frightening experience. A conviction could mean fines or jail time. It is important for those charged to understand what is happening and how best to present a defense. A knowledgeable criminal defense attorney can review a case, evaluate any evidence and recommend how best to proceed. Every effort will be made to minimize the negative impact on a client's life.

Source: wkrn.com, "3 people arrested, more than 230 grams of drugs seized in East Nashville raid", Jan. 18, 2018

Theft and property crimes: 3 men facing charges in La Vergne

Fri, 19 Jan 2018 06:00:00 GMT

Many Tennessee residents visit convenience stores all across the state for a variety of reasons. They may stop to pick up a few essential items in the market or fill up their vehicles with gas. However, three individuals allegedly picked up something outside the market that didn't belong to them and are now faced with a variety of charges against them. The three have been charged with theft and property crimes following an incident in La Vergne.

Police reports state that a man and his 13-year-old daughter had stopped at a convenience store. The man went into the store while his daughter stayed in the car. Evidently, three men got into the car and drove away from the store with the teenager in tow.

According to reports, the men allegedly told the girl that they would shoot her if she did not get out of the car. The men's faces were apparently visible on video surveillance footage at the store. The men, who were described by police officers as armed and dangerous, were arrested the following day.

Two 18-year-old men and a 20-year-old man were arrested and charged with theft of property over $10,000 and carjacking. The 20-year-old faces a charge of kidnapping as well. All three men are being held in jail on bond.

Being convicted of theft and property crimes would have serious ramifications in someone's life. A conviction could result in heavy fines or significant time in jail. A Tennessee criminal defense attorney can help clients thoroughly understand the charges against them and develop a strong defense. A knowledgeable lawyer will work to minimize the consequences of the charges.

Source: newschannel5.com, "3 Arrested After Armed Carjacking In La Vergne", Jan. 14, 2018

Truck driver faces drunk driving charges following stop

Thu, 11 Jan 2018 06:00:00 GMT

Commercial trucks of every size frequently occupy the roads in the state of Tennessee. Companies often use this form of transportation to transfer goods across the country. The truck drivers may come from any state in the union and simply plan on driving through the state. Unfortunately, one visitor to Tennessee may find himself staying a little longer than he anticipated, as he now faces charges of alleged drunk driving, among others.

A 51-year-old man from another state was stopped recently in Greene County by a trooper from the Tennessee Highway Patrol. According to reports, the man had been following too closely and was driving in an aggressive manner. The warrants stated that the man, employed by Wolf Trucking, had blood-shot eyes, slurred speech and dilated pupils. In field sobriety tests, the man allegedly performed badly and exhibited poor balance. The man apparently refused to have a blood test administered.

Evidently, the truck driver then tried to flee on foot. According to the warrant, when the police officer tried to place handcuffs on the man, he put up a fight. Records reflect that a white crystal substance was located in a baggie in the man's pocket. The truck driver is facing charges of DUI and violation of implied consent law, felon possession of methamphetamine and resisting arrest.

Facing charges of drunk driving in the state of Tennessee is a serious matter. A conviction could result in fines, loss of license or time in jail. Everyone has a right to present a defense and should take advantage of this opportunity. A knowledgeable criminal defense attorney can help clients fully understand the charges against them and develop the best defense possible. One of the main goals of an experienced defense team is to minimize the negative impact on a client's life.

Source: greenevillesun.com, "Truck Driver Charged With DUI, Drug Possession", Jan. 8, 2018

Task force recommends changes in process for juvenile crimes

Fri, 05 Jan 2018 06:00:00 GMT

Minors can get into some trouble with the legal system. There is a court system specifically designated to deal with juvenile crimes. However, according to a report from the Tennessee Blue Ribbon Task Force, there has been little consistency in the treatment of minors in the justice system.

The report details instances of how one offense may be handled differently by different courts. In one circumstance, a juvenile may be placed in a diversion program, while another may be tried in juvenile court. In other instances, a juvenile may be tried as an adult. The task force attributes this to a lack of standards being applied in the system.

There have also been allegations that minority juveniles are treated differently than their white counterparts in court. The task force noted that every county in the state exhibited these racial disparities. Statistically, 34 percent of the youth population is black, yet they represent 59 percent of delinquent petitions in the state.

The task force also recommended that schools revise their zero-tolerance policies to allow more discretion in decisions involving drug use. Another suggestion was to allow officers to issue tickets or citations for misdemeanors rather than requiring a court appearance. Also, the task force stated that any statement made by a juvenile under the age of 14 should not be used against that minor in criminal proceedings.

Some teenagers make poor choices and find themselves facing charges for juvenile crimes. It is important to remain in the juvenile court system and not be tried as an adult. A Tennessee criminal defense attorney can help clients and their families understand the legal process and work toward developing the strongest defense possible. An experienced lawyer will hopefully minimize the negative impact on a juvenile's life.

Source: memphisdailynews.com, "Panel Finds Juvenile Court Standards Lacking", Bill Dries, Dec. 28, 2017

How sober individuals can be charged with DUI

Wed, 27 Dec 2017 06:00:00 GMT

When it comes to criminal justice, the quote, "Innocent until proven guilty," is popular for a reason although not always practiced. In fact, it so happens that sometimes, police overreach their authority or make honest mistakes and charge sober people with DUIs. Sometimes, there is a DUI law that you never knew existed.

Here is a glance at some top ways that someone sober can get charged.

DUI by consent

Suppose you are sober, but the person driving your car is not. You could face a charge of DUI by consent in Tennessee. Much of the time, the person charged is in the car when this happens, but this does not necessarily need to be the case. For example, suppose you lent your car to your son so he could get a job that required him to have a car, and later, law enforcement pulls him over for DUI. It's possible you could end up with a DUI by consent charge. Such charges can be more likely to happen when the person driving your car is on a second, third or fourth DUI offense.

Misread signs

Some so-called symptoms of alcohol impairment such as bloodshot eyes, not being able to stay still and being jittery could cause a police officer to charge you with DUI. In such cases, a blood test may clear things up but not always.

Reportedly, a man in Arizona was on his way home when a police officer pulled him over for crossing a white line. The man says he was coming from a late night swim at a fitness center pool. The officer cited the man's bloodshot eyes as evidence he had been drinking. Authorities later dropped his charge, but the man claims he still suffered having to endure a difficult experience and possible racial profiling.

Faulty tests

Some police officers are undertrained on how to give field sobriety tests or simply cannot do them well. False results can happen, even with breath tests, especially if you are hypoglycemic or have been dieting or fasting.

Multiple men charged with theft after Tennessee traffic stop

Tue, 26 Dec 2017 06:00:00 GMT

Many people may think that having criminal charges brought against them is their worst nightmare. Nightmarish or not, many people face criminal allegations across the country every day. The ways in which individuals choose to address their cases often differ, and someone accused of theft may choose to build a defense differently than someone accused of a different type of crime.

Multiple individuals from out of state may be hoping to find effective defense methods after recently being taken into custody in Tennessee. Reports stated that four men were traveling together in a vehicle with a trailer attached when police stopped them. The stop reportedly occurred because an officer discovered that the trailer did not have a vehicle identification number. For unknown reasons, the officer then searched the trailer.

During the search, the police officer allegedly uncovered stolen goods. The goods included generators, a golf cart, a fan and a race car that had been reported stolen from a neighboring state. The items apparently totaled to a value of approximately $100,000. The four men were taken into custody on charges of theft. Their ages ranged from 24 to 70 years old.

Theft charges can have considerable impacts on a person's life, and the men accused in this situation will certainly want to take their cases seriously. Though they were all charged in the same event, the ways in which they approach their cases may differ. Depending on their individual preferences, they may find various defense strategies applicable. If they wish to gain more information, they may find it useful to utilize local Tennessee legal resources.

Source: thenewsdispatch.com, "MC father, son arrested with stolen race car in Tennessee", Dec. 15, 2017

6 facing drug charges in Maury County

Fri, 22 Dec 2017 06:00:00 GMT

Multiple law enforcement agencies often work together to uncover drug operations throughout the state of Tennessee. Local and state agencies partner to crack down on all aspects of drug activities, including usage, manufacturing or sale of illegal substances. Several people are facing drug charges following a recent investigation conducted by several agencies.

The Drug Investigation Division of the Tennessee Bureau of Investigation worked with officials from Columbia and Maury County to uncover an alleged drug operation. Arrests were made related to the supposed purchase of several controlled drugs, including crack cocaine and heroin. Other drugs discovered were methamphetamine, alprazolam and oxycodone. Six people, ranging in age from 19 to 43 years old, were arrested on various charges and are being held in the Maury County jail. They are being held on bonds of $10,000 to $75,000.

An assistant director of TBI's Drug Investigation Division stated that the agencies were concerned about all levels of a drug operation. Whether someone was supplying products to dealers or selling them on a street, officers were interested in finding them. An increased urgency to uncover these operations is prevalent due to Tennessee's drug epidemic.

Facing drug charges in Tennessee is very serious and should not be taken lightly. A conviction could require payment of hefty fines and result in significant jail time. An experienced defense lawyer can help clients mount a rigorous defense against these charges. A knowledgeable attorney will evaluate the situation, consider all evidence obtained and develop a defense strategy. A strong defense team will make every effort to minimize the negative impact on a client's life.

Source: newschannel5.com, "6 Arrested In Maury County Drug Bust", Dec. 14, 2017

Increased checkpoints throughout state to reduce drunk driving

Thu, 14 Dec 2017 06:00:00 GMT

The holiday season is often a time of hustle and bustle for Tennessee residents and others across the country. Parties and other gatherings are frequently on the calendars of many people for this time of year. Party attendees may choose to partake of alcoholic beverages during their celebrations. However, after the festivities are over, it is never a good idea to get behind the wheel of a vehicle. Law enforcement officials in the state have announced plans to crack down on drunk driving through the end of December.

The National Highway Traffic Safety Administration has developed a program called Drive Sober or Get Pulled Over. Booze It or Lose It is a statewide effort by the Tennessee Highway Safety Office. Many counties throughout Tennessee are partnering with the state agency to conduct their own campaign during December.

Police departments typically increase the number of patrols during the holidays. Their goal is to also increase the visibility of checkpoints and enforcement so as to decrease the incidents of accidents, injuries and deaths related to drunk driving. In Dec. 2016, over 500 alcohol-related incidents occurred. The efforts in Tennessee and throughout the nation are designed to increase safety on their roadways.

A drunk driving charge in the state of Tennessee can result in serious consequences for an individual, if convicted. Penalties could include loss of license, fines, ignition locks on vehicles or jail time. Those facing such charges should seek the guidance of a knowledgeable criminal defense attorney. An experienced lawyer will thoroughly review the situation, including any evidence that has been gathered. A strong defense can help minimize the negative impact on a client's life.

Source: marshalltribune.com, "CHPD increases impaired-driving enforcement during holiday season", Dec. 1, 2017

11 facing drug charges for alleged marijuana operation

Thu, 07 Dec 2017 06:00:00 GMT

Tennessee law enforcement officials work routinely to curtail the usage, sale and distribution of a variety of illicit drugs. Drug charges in the state can stem from possession to the manufacturing of an illegal substance. Recently 11 people were arrested for their involvement in an alleged distribution operation of marijuana.

The Tennessee Bureau of Investigation reported that agents had initially obtained information about this large operation in Oct. 2016. During the investigation, officers purportedly discovered roughly 615 pounds of marijuana. In addition, several firearms were found in the searches.

The Assistant Director of TBI's Drug Investigation Division stressed that the organization was focused on all levels of the drug operation. He indicated that the agency was targeting the drug industry throughout the state. Law enforcement officials from Union County, Maynardville and Knoxville joined with the TBI in the investigation. Task forces from the 4th and 8th Judicial Districts also participated in the efforts.

Several of those arrested were charged with conspiracy to commit sale and delivery of marijuana over 300 pounds and the manufacture of marijuana over 20 plants. Other charges included possession of marijuana and possession of stolen property. Bonds for the individuals arrested range from $10,000 to $250,000. One other person is being sought in conjunction with the operation.

Facing drug charges in the state of Tennessee is a serious matter. If convicted, a person could face hefty fines and significant time in jail. It is of utmost importance to present the strongest defense possible against the charges. An experienced criminal defense attorney can be a valuable ally in the legal process. A knowledgeable lawyer will work diligently to minimize the negative impact on a client's life.

Source: fox17.com, "11 people charged, 615 lbs of marijuana seized in East Tennessee bust", Katie Grunik, Nov. 30, 2017

Alderman facing drunk driving charges, call for removal

Thu, 30 Nov 2017 06:00:00 GMT

Public officials in Tennessee and elsewhere around the country are often criticized for their political views and decisions. On occasion, constituents call for an ouster based on the official's performance in office. However, some Hendersonville residents are asking that an alderman be removed from office following drunk driving charges.

The Hendersonville mayor recently shared a petition signed by residents with other members of the city's Board of Mayor and Aldermen. The petition stated that the alderman from Ward 3 had acted in an unsafe manner while driving and had disregarded public safety laws. The petition came about after reported incidents involving the alderman.

According to the Cheatham County Sheriff's Office, the alderman was arrested for driving under the influence in May 2017. She supposedly performed poorly on field sobriety tests and was said to have slurred speech and blood-shot eyes. The alderman stated at the time that she had not consumed alcohol. In June 2017, there was also purportedly an incident involving a damaged mailbox. While no charges were filed, the alderman allegedly paid a resident for the damage incurred.

In July, Nashville Metro Police pulled a car over after observing erratic driving. According to reports, officers watched the alderman pour a liquid out of the car. Police evidently saw several empty alcoholic beverage cans. The woman faces charges of driving under the influence in Cheatham and Davidson counties. The Hendersonville Board of Mayor and Aldermen will make a decision on the petition for removal from office.

Being charged with drunk driving in Tennessee can be a frightening ordeal. If convicted, a person would potentially face the loss of license, monetary fines or time in jail. To present the best defense possible, it would be wise to contact an experienced defense lawyer. A knowledgeable attorney can provide much needed guidance throughout the legal process. A strong defense team can work with clients to minimize the negative impact on their lives.

Source: tennessean.com, "Petition calls for removal of Hendersonville alderman after DUI charges", Amy Nixon, Nov. 17, 2017

When does drug possession become a felony?

Tue, 28 Nov 2017 06:00:00 GMT

Drugs are a serious problem in the state of Tennessee. In fact, the Tennessee Bureau of Investigation reports that nearly 80 percent of all crimes committed in the state are somehow related to drugs of some kind.

There are numerous factors involved with drug charges, including the type of illegal substance in question as well as how much the police locate. In some cases, drug possession charges merely carry the misdemeanor label while others will instantly qualify as a felony.

Marijuana

If a person possesses less than half an ounce of marijuana, then he or she will receive misdemeanor charges. This typically carries a maximum jail sentence of one year and a maximum fine of $250 for a first offense. However, if the person in question has more than half an ounce, then the police may assume the person had the intent to distribute and sell the substance. Sale of drugs is a felony charge. The maximum prison sentence increases based on the amount of marijuana, and possessing 10 pounds of marijuana could come with a maximum prison sentence of 12 years in Tennessee.

Cocaine

Simple possession of cocaine in Tennessee can count as a Class A misdemeanor as long as it is a first offense. In the event the person has a criminal record consisting of previous cocaine possession, then the charge can increase to a Class F felony.

Heroin

Similar standards are in place for heroin possession. When a person has less than half an ounce of heroin, it is a Class A misdemeanor unless the person has a criminal history involving heroin. For a subsequent offense, the charges increase to felony.

Simple possession refers to when a person holds an illegal substance but only intends on using it for personal use. When a person has a large quantity of an illegal substance, the police may view that as possession with intent to sell, which comes with harsher penalties. Those charges become even more likely if the affected person has materials at his or her house, such as a scale and packaging materials, which also suggest the person plans on selling the drugs.

Drug charges related to fentanyl on the rise in Tennessee

Wed, 22 Nov 2017 06:00:00 GMT

Many physicians in Tennessee prescribe fentanyl as a painkiller for their patients. If used properly, this narcotic is very effective for those people dealing with severe pain. However, the state's Department of Health is concerned that deaths will occur as the drug is now being sold illegally. Law enforcement officials also report that drug charges related to fentanyl have increased dramatically over the last five years.

Statistics show that there were 294 fentanyl-related deaths in Tennessee during 2016. This represents an increase of 74 percent from the 169 overdoses in 2015. A neighboring state reported a 176 percent increase in fatalities in the same time period. Agents from the Tennessee Bureau of Investigation are concerned about the threat to citizens and law enforcement personnel.

Foreign countries are manufacturing illegal versions of the drug that are thousands of times more potent than morphine. A minute amount can cause a user to overdose. An additional danger is that the drug can enter a person's system through the skin or inhalation. Such exposure poses potentially fatal risks for those exposed to the drug, not only those using it.

Several officers around the state have become ill from exposure and have required medical attention. Gloves, goggles and dust masks may provide a level of protection when dealing with the substance. In addition, some police departments now require officers to keep a medication called Naloxone with them that can help should they be exposed to fentanyl. Naloxone may reverse the effects of the drugs for first responders as well as their K-9 companions that often sniff the drugs.

Drug charges, whether related to fentanyl or other substances, are very serious and should not be taken lightly. If convicted, a person may face hefty fines or significant time in jail. A Tennessee criminal defense attorney can help someone facing such charges mount a rigorous defense. An experienced lawyer will work diligently to minimize the negative impact on a client's life.

Source: wjhl.com, "Dangerous drug fentanyl on rise in Tennessee", Sydney Cameron, Nov. 21, 2017

10 arrested in Memphis for drug charges

Fri, 17 Nov 2017 06:00:00 GMT

Some investigations by law enforcement agencies are very lengthy and involve multiple organizations working together. This is often the scenario when drug cases are involved. Recent arrests have been made in the western section of Tennessee for a variety of drug charges.

Officers from the Memphis Police Department reported that a task force had been conducting an investigation for around six months. Local, state and federal agencies were all involved in the investigation. A special agent with the Memphis Field Office of the Federal Bureau of Investigation stated that the agency will continue to work with other organizations to rid neighborhoods of alleged drug networks.

Police records show that 10 individuals were arrested in Memphis, including a 59-year-old man and two men in their 20s. In addition, several men ranging in age from 27 to 42 were also arrested. All 10 suspects face charges of conspiracy to distribute and possessing more than 500 grams of methamphetamine. There are similar charges related to exceeding 5 kilograms of cocaine and 100 kilograms of marijuana. If convicted, each person may face a minimum of 10 years to life.

Facing drug charges in the state of Tennessee is a serious issue and should not be taken lightly. Anyone accused of alleged drug activity has the right to present a thorough defense. An experienced defense attorney knows how best to proceed for each individual client. A knowledgeable lawyer will take the time to understand each specific situation and evaluate any evidence pertaining to the case. A strong defense will be presented that will be designed to minimize any negative impact on a client's life.

Source: wreg.com, "Police: 10 suspects arrested on federal drug-trafficking charges", Taryn Graham, Nov. 10, 2017

Process for moving juvenile crimes into adult court

Fri, 10 Nov 2017 06:00:00 GMT

Teenagers in Tennessee often act in immature ways. This is understandable since they have not yet reached adulthood. Unfortunately, some teens cross the line of the law and commit juvenile crimes. Many of these types of cases remain in juvenile court. However, some, depending on their severity, may be moved to adult court.

Recently, a freshman student was allegedly attacked at the field house in Grundy County by five of the school's football players. The five players have reportedly been charged with attempted aggravated rape. In another report, a 14-year-old has been accused of shooting someone. That teen has been charged with attempted second degree murder and aggravated domestic assault. These two cases have still remained in juvenile court.

A judge in Hamilton County believes that the goal of juvenile court should be to rehabilitate. His hope is that the youth do not have repeated offenses and will avoid having a criminal record. The judge reports that the system does work in many cases. However, he acknowledges that the district attorney may ask that some cases be moved to adult court.

Several things are considered before a case is moved from juvenile court into the adult system. The youth's past record is reviewed, as well as any previous efforts to rehabilitate. The court considers any prior activity to help a child since a move to adult court can have serious implications.

Juvenile crimes can include everything from shoplifting to assault to manslaughter. These are serious offenses and may have significant consequences, if a conviction occurs. When someone faces these types of charges, it would be wise to contact a Tennessee criminal defense lawyer. A strong legal team will make every effort to keep the case in juvenile court and strive to minimize the negative impact on someone's life.

Source: wdef.com, "Process of transferring juvenile cases to adult court", Robyn Estabrook, Oct. 31, 2017

Can I be charged with public intoxication?

Fri, 10 Nov 2017 06:00:00 GMT

Tennessee is one of several states that prohibits individuals from being drunk in public. As a college student going to a sporting event or bar to have a few drinks with some friends, you need to be mindful of your actions while you are in public.

You may not intend to drink enough alcohol to become intoxicated, but you never know how alcohol may affect your body. How much alcohol needed to become intoxicated varies depending on factors such as age, body weight, gender, and what you have had to eat and drink that day, to name a few. If the effects sneak up on you while you are in public, there is the chance that law enforcement could arrest you on public intoxication charges.

However, just because you are drinking does not mean you will get a public drunkenness charge. Your demeanor and actions can lead to an arrest. In order for you to receive a public intoxication charge, law enforcement must prove your actions/intoxication falls under one of the following:

Some people who police officers apprehend for public intoxication also receive additional charges for breaking other laws. Alcohol clouds judgments and can make some people more aggressive and reckless.

The penalties for a public intoxication charge

Public drunkenness is a misdemeanor offense. In addition to receiving a sentence of up to 30 days in jail, a judge could require you to complete probation, pay a fine and court costs. Those are just the immediate legal effects. Other ways a misdemeanor involving public intoxication can affect you include exclusion from professional licensing in the health care, education and law enforcement fields, as well as adverse actions from college and education institutions, and potential employers.

Challenging a charge such as this is not easy. To improve your chances at successfully defending yourself against the charge, consider speaking to an attorney for guidance on your options.

Drug charges filed after discovery of marijuana, THC vape liquid

Thu, 09 Nov 2017 06:00:00 GMT

Tennessee law enforcement officials have routinely recovered marijuana in their drug investigations throughout the years. In some cases, officers have found marijuana plants being cultivated, while others have discovered the substance packaged and apparently ready for sale or distribution. Recently, drug charges were filed against two men for allegedly having marijuana in another form.

The Robertson County Sheriff's Office had been participating in an illegal drug activity investigation. After serving a search warrant, police officers entered a home. During the search, police reportedly found 7 pounds of marijuana and 31 vials of THC vape liquid,

THC, or tetrahydrocannabinol, is one of the components in the cannabis plant that produces psychological effects and feelings of euphoria. Officials stated that this seizure of the THC vials was the first major discovery of its type in the county. The Robertson County Sheriff stated that the drug was difficult to identify when used in vapor cigarettes and was pleased with the investigation.

The street value of the marijuana and the THC vape liquid was estimated at $30,000. Two men were arrested following the discovery of the items. Each man was charged with two counts of a Schedule VI drug for resale.

Drug charges of any type in the state of Tennessee should be taken seriously. If convicted, a person may be penalized with fines and/or significant time in jail. An experienced criminal defense lawyer would be a valuable ally for someone facing such charges. A strong defense team will help clients through every step of the legal process and work to minimize any negative impact on their lives.

Source: fox17.com, "Tennessee drug bust yields seven pounds marijuana, 31 vials of THC vape liquid", Adrian Mojita, Nov. 3, 2017

Theft and property crimes: Items worth $600,000 recovered

Mon, 06 Nov 2017 06:00:00 GMT

Undercover operations are frequently utilized by law enforcement agencies in Tennessee and other states in the country. Officers often work for many months within various operations before any arrests are made. Recently, several people were arrested in Shelby County for theft and property crimes following a 10-month investigation.

Representatives from the Shelby County Sheriff's Office reported that undercover agents had allegedly purchased a variety of items from 11 different people over the past 10 months. Authorities in Tennessee, Mississippi, Arkansas and Alabama had previously reported all these items as stolen. Five people were arrested after warrants were issued. While these people are now in custody, officials say that there are additional arrests to come.

Among the items recovered were an all-terrain vehicle, lawn mowers and a bass boat. Also discovered were numerous vehicles, tractors and utility trailers. The items were reportedly worth more than $600,000.

Several agencies worked together on this investigation, including the Shelby County Sheriff's Office and Tennessee Highway Patrol Criminal Investigation Division. Task forces from the Federal Bureau of Investigation and the Memphis Police Department also participated in the operation. Other groups that assisted were the Madison County and Tipton County Sheriffs' Offices and the National Insurance Crime Bureau.

Being charged with theft and property crimes is a serious matter and should not be taken lightly. If convicted, consequences could range from paying fines to significant time in jail. A Tennessee criminal defense attorney can help someone navigate through the legal process. An experienced lawyer will work to ensure that clients' rights are protected and focus on presenting a defense designed to achieve the most favorable result possible.

Source: wreg.com, "Undercover operation nets Mid-South organized theft ring", Eryn Taylor, Oct. 19, 2017

Man accused of drunk driving in shopping center parking lot

Mon, 16 Oct 2017 05:00:00 GMT

On just about any Saturday, men can be found aimlessly wandering around Tennessee shopping centers. Some are walking along the shopping corridors; others are waiting on nearby benches. A few even decide to wait in their car and perhaps even catch a nap or perhaps even drive around the parking lot to pass the time. The majority of these men are waiting on a wife, girlfriend, daughter or some other such person to finish shopping and finally relieve them of their boredom. The possibility of such an adventure ending in an arrest for drunk driving just doesn't seem likely.

Yet, one Johnson County Commissioner was recently arrested while sleeping in his car, which was parked in a shopping center lot. According to reports, a vehicle matching his was seen being operated in a reckless manner through the parking lot. When police arrived, they found the commissioner's car parked in two parking spaces with the man asleep at the wheel.

Officers apparently woke him and determined that he was somewhat confused and had difficulty speaking clearly. Field sobriety tests were performed, and he was arrested and charged with drunk driving. He was then transported to a local hospital where a blood alcohol test could be performed. Results of this test have not been released.

In a situation such as this one, it could be understandable that an individual patiently waiting in a parking lot could fall asleep. Then, after being woken up in such an abrupt manner, some form of confusion and disorientation may be understandable. Prior to this case or one similar to it being presented before a Tennessee court, the accused individual will want an attorney experienced in drunk driving cases to review the evidence and facts. This is an important step in making sure that the individual's rights are protected.

Source: wjhl.com, "Report: Johnson County commissioner 'slumped over wheel', charged with DUI", Jordan Moore, Oct. 8, 2017

Juvenile crimes increasing in Tennessee neighborhood

Thu, 12 Oct 2017 05:00:00 GMT

Crime can occur across the state of Tennessee in any neighborhood, regardless of its socio-economic status. Residents in some affluent neighborhoods have even assumed they were immune from crime since very little had occurred in their areas in the past. However, one Nashville community has seen a recent increase in felonies, particularly juvenile crimes.

West Nashville police report an increase in car theft. One resident in the area discovered that his car had been stolen when he tried to leave home. A spare key had been hidden in the car, and it was assumed that someone found it after breaking the window. The owner was surprised at the theft since the area is very well-patrolled by police.

Nashville Metro Police officers located the vehicle at a home in another part of the city. Inside the car, they found a high school identification badge that belonged to a student. A search of the home where the car was parked found a tennis racquet that supposedly belonged to the car's owner.

Investigators in the case said that the student, a minor, purportedly confessed to taking the car as well as another one in the same neighborhood several weeks previously. Reports show that the juvenile has apparently exhibited a pattern of taking a bus to the affluent area and burglarizing cars. An official stated that the youth may be responsible for up to 10 thefts around Nashville.

If a loved one has been charged with juvenile crimes, it is important to seek help as soon as possible. A Tennessee criminal defense attorney can evaluate the situation and determine the best course of action in presenting a defense. It is of utmost importance, when possible, to keep the cases in juvenile court as opposed to having someone be tried as an adult. An experienced lawyer will fight to protect the rights of any client, including those who are still minors.

Source: wkrn.com, "Belle Meade police see uptick in crimes involving teenagers", Andy Cordan, Oct. 11, 2017

2 facing drug charges after arrest in Nashville

Thu, 05 Oct 2017 05:00:00 GMT

Heroin trafficking is becoming a serious problem in the state of Tennessee, according to law enforcement agencies. Police officers in Nashville have participated in an ongoing investigation of drug operations over the past six months. Two men were recently arrested and now face a variety of drug charges.

A 40-year-old man driving a rented sport utility vehicle was stopped by the Metro Nashville Police. Following a search of the car, officers reportedly found a handgun, four cell phones and $58,000 in cash. The man supposedly told the officers that he had received the cash in a transaction involving marijuana.

On the following day, the police stopped a truck being driven by a 36-year-old man. According to reports, officers found around 30 grams of heroin in the man's pocket. A search of the man's truck purportedly found 95 more grams of heroin, a loaded handgun and $20,000 in cash. Police later searched his home and located 1.5 pounds of heroin and drug paraphernalia. A luxury sports car, additional cash and another gun evidently belonging to the man were found at another address.

The men face a variety of charges, including money laundering, heroin possession in a drug-free school zone and felony gun possession. Other charges are unlawful possession of drug paraphernalia and a gun law violation. The 40-year-old man is free on $75,000 bond, while the 36-year-old is being held in lieu of bond.

Anyone facing drug charges in the state of Tennessee should understand the gravity of the situation. A negative outcome could result in serious consequences, such as hefty fines or significant time in jail. An experienced criminal defense lawyer can help someone understand the charges against them and work toward minimizing the negative impact on his or her life.

Source: Nashville, TN Patch, "2 Arrested In Big-Time Nashville Heroin Bust", J.R. Lind, Oct. 2, 2017

3 frequently asked questions about immigrant detention

Thu, 28 Sep 2017 05:00:00 GMT

Numerous factors put undocumented immigrants at risk of detention and deportation, but none more so than committing a crime. Whether you or a loved you lack papers, you might feel scared about detainment centers and the thought of deportation when criminal activity is involved. Especially in the political climate today, it can be difficult to figure out exactly what it entails.

Because there are a lot of questions about immigrant detention and deportation, here are some answers that can help you understand the process.

1. Why do immigrants get detained?

Immigration and Customs Enforcement (ICE) generally detains immigrants if they do the following:

The government might place immigrants in detention if they pose public safety threats or are flight risks.

2. What do I do if a loved one is detained?

If you find out that someone you know has been detained, you might be able to find out where the person is located via the ICE website. You will need to know the person's name, date of birth, country of origin or Alien Number found on a work permit or green card. You could also contact an ICE field office near you. When crime is a factor, you may also need to contact a criminal defense attorney to help you with this process.

3. What are the conditions in detention facilities?

Immigration detention centers have conditions similar to jails or prisons. In fact, sometimes detainees go to local incarceration facilities. While there are certain living standards the facilities must meet, sometimes this is not the case. Detained immigrants often face health hazards, hunger, exploitation or even physical abuse.

Now that you know the answers to these questions, you can understand the immigration detention process more. If law enforcement has arrested you or an immigrant you know for a crime and threatened detention, you should get a criminal defense lawyer involved immediately for legal representation.

Juvenile crimes require specialized attention

Wed, 27 Sep 2017 05:00:00 GMT

Virtually everyone makes mistakes during their youth. While some transgressions are understandably more serious than others, being accused of committing juvenile crimes should not lead to life-long repercussions. Tennessee parents should treat any type of legal indiscretion seriously, as their children's futures are on the line. Often, the best approach is to contact an experienced juvenile law attorney who best understands the complicated matter at hand.

We understand that many of the charges that minors face are the result of peer pressure or inexperience with the world. These pressures can be fueled by children's uncertainty when it comes to finding their place in life and their community. Unfortunately, even minor mistakes such as theft or vandalism can lead to very serious repercussions.

A conviction for a juvenile charge does not keep itself quietly contained in a person's youth, but can spread forward, potentially cutting off both education and employment opportunities. Children should not have to worry about the consequences of youthful actions following them through the rest of their lives. We know that this worry plagues both minors facing legal action as well as their parents.

In Tennessee, juvenile charges are not mirrors of adult charges, and therefore cannot be handled with the same approaches. We are intimately familiar with the juvenile courts and the different procedures that govern the process. Whether your child is facing allegations of underage drinking, drug possession or any number of juvenile crimes charges, our firm has the experience and resources to guide your family to the most successful result possible.

Man arrested on drug charges following search of home

Wed, 20 Sep 2017 05:00:00 GMT

Several counties in Tennessee have reported that drug trafficking is a significant problem in their respective areas. Many local law enforcement agencies routinely work with various task forces and other regional groups to combat the issue. As the groups work together, more arrests are being made throughout the state. An arrest for drug charges in Tennessee can have a long-lasting effect on someone's life. Two Decatur County men were recently arrested for alleged drug-related activities following the search of a home.

The Decatur County Sheriff's Department reported that a search warrant had been issued for a residence outside Decaturville. Upon the search, officers apparently found marijuana, methamphetamine and an unspecified amount of cash. The homeowner, a 33-year-old man, was arrested, as well as a 27-year-old man who was also in the house at the time.

The homeowner faces charges of drug possession and manufacturing. Police officers also took three vehicles from his residence. He faces charges of violating a drug-free school zone because of the proximity of his home to Decatur County Middle School.

The other man found in the house was arrested for an unrelated incident in another county. Both men are being held at the Decatur County Detention Center, according to reports. Additional charges are possible as the investigation of the incident continues.

Anyone facing drug charges in Tennessee should take them very seriously. The penalties could range from fines to a significant time in jail, if convicted. The charges alone can have a negative impact on someone reputation. It would be wise to contact an experienced criminal defense attorney for guidance through the legal process. A lawyer will fight to protect clients' rights and work toward minimizing any adverse effect on their lives.

Source: wbbjtv.com, "Decatur Co. sheriff talks about 'major' drug bust near school", Mandy Hrach, Sept. 15, 2017

Columbia man charged with drunk driving in hit-and-run incident

Thu, 14 Sep 2017 05:00:00 GMT

Driving while intoxicated in the state of Tennessee can result in some serious consequences. Someone could lose a license, be required to pay fines or even spend time in jail. However, if a person is injured or dies in an accident involving drunk driving, the consequences could be much more dire. A Columbia man was recently charged for his alleged involvement in a hit-and-run fatality that occurred in Dec. 2016.

According to police reports, a 50-year-old man from Columbia had been riding his bicycle when he was hit by a vehicle from behind. The man was discovered at the scene with several injuries. Medical personnel treated him at the site of the accident, but he later died.

The driver was reportedly found in a nearby town. He was arrested and taken to the Maury County Jail following an indictment by a grand jury. The man faces charges of driving under the influence, vehicular homicide by recklessness and leaving the scene of an accident. He was also charged with failure to report involving death and a violation of the Tennessee implied consent law. A $100,000 bond was posted; however, the man remained in jail.

When facing charges of drunk driving and other offenses, it is important to remember that everyone has the right to present a defense. A Tennessee criminal defense attorney can be a valuable ally throughout the legal process. A knowledgeable lawyer will thoroughly evaluate any evidence, ensuring that all procedures were followed properly in its acquisition. A strong defense team will work toward achieving the best outcome possible in the proceedings.

Source: columbiadailyherald.com, "Police arrest hit and run suspect", Mike Christen, Sept. 12, 2017

5 arrested in Nashville on drug charges

Thu, 07 Sep 2017 05:00:00 GMT

Police officers in Tennessee and elsewhere around the country often rely on tips from citizens to aid them in their work. Information received may lead to further investigation or possible arrests. A tip from a citizen recently led to the arrest of five people in Nashville for a variety of alleged drug charges.

After receiving the information, undercover police officers obtained a search warrant for a Nashville home. During the search of the premises, one kilo of cocaine was discovered in a pickup truck, according to reports. Inside the house, officers apparently found 5.3 grams of cocaine, 14 grams of marijuana, packaging materials and digital scales.

A 50-year-old man and a 40-year-old man were charged with engaging in a drug conspiracy. Detectives also arrested a 45-year-old man, a 41-year-old man and a 22-year-old man. Each man is facing charges of felony cocaine possession, drug possession and possession of drug paraphernalia.

The five men purportedly had prior felony convictions. All were currently being held in lieu of bond. Undercover detectives from the West Precinct participated in the investigation.

Facing drug charges in the state of Tennessee is a serious matter. If convicted, the consequences could range from paying a fine to spending a significant amount of time in jail. To avoid or minimize any negative impact on someone's life, an effective defense against the charges should be mounted. An experienced criminal defense attorney can be a valuable ally in presenting the strongest defense possible. A knowledgeable lawyer will work to protect a client's rights and determine if all procedures in the investigation and evidence gathering were properly followed.

Source: newschannel5.com, "5 Arrested In Nashville Drug Bust", Aug. 24, 2017

3 phrases to remember when pulled over

Sat, 02 Sep 2017 05:00:00 GMT

From moving violations to equipment problems, there are numerous reasons why traffic stops take place. The Illinois Department of Transportation recently released a study with a breakdown of how many traffic stops take place between people of different races.

All people, particularly immigrants and people whose first language is not English, need to be careful of what they say during a traffic stop. It is not unheard of for people to simply answer "Yes" to a police officer's questions. This can come back to bite the person later in court. Here are some phrases to keep in mind in the event of a future traffic stop.

1. "I don't consent to a search"

The police cannot randomly decide to search a person's car or home. There needs to be sufficient evidence a crime took place or could take place in the future. Even if a driver believes everything would be fine with a police search, it is best to play it safe than sorry. Perhaps a friend left a bag of marijuana in the car. It happens more often than most people realize. Whatever the circumstances, people should not give up their rights that easily. However, if the police have a drug dog on-hand, then they may use it to see if a vehicle requires searching.

2. "Am I free to leave?"

After providing a license and registration, many people wonder if they can leave. Sometimes the police will keep a driver there longer than anticipated. After a while, it is acceptable to ask if it is appropriate to leave. The police need to have something incriminating on the person to deny this. In the event of a "No," the officer then may try to get the driver to self-incriminate.

3. "I want to speak to a lawyer"

When police officers ask drivers a lot of questions, it can become confusing as to what the purpose is. At a certain point, drivers can ask to speak with their lawyers. People have the right to remain silent, and in some circumstances, it can be prudent to exercise that right.

Juvenile crimes: Nashville teen arrested for alleged carjacking

Thu, 31 Aug 2017 05:00:00 GMT

Teenagers in Tennessee often socialize with older teens aged 18 or over who are already considered to be young adults. In most instances, there are no problems with the associations. However, if those involved participate in any illegal activities, criminal charges could occur. Those 18 and over would be tried as adults, while minor teenagers would face charges for juvenile crimes. A teenager was recently arrested for suspected involvement in an alleged carjacking.

According to Nashville Metro Police, a 63-year-old woman was in her car after she got off work at Lipscomb Academy on Aug. 5. She had stopped to send a text when a person tapped on her car window. According to reports, the person had tapped on the window with a handgun and told her to vacate the car. The woman started to exit the car and reached for her purse, but she was supposedly told by another person that she was not to take it with her. Upon leaving the car, she spotted an additional person when she was told to run.

Reports state that the woman called the police as her car was driven away. The vehicle was later recovered in a parking lot. A 20-year-old man and two 18-year-old men were arrested and charged with robbery-carjacking. A 16-year-old juvenile was arrested on Aug. 23 and was also charged with robbery-carjacking.

If someone in Tennessee is facing charges for juvenile crimes, it would be helpful to contact a criminal defense attorney. An experienced attorney will work to keep a case in juvenile court, rather than have someone be tried as an adult. While any criminal charge should be taken seriously, penalties for juvenile crimes may have a less negative impact on someone's life.

Source: Green Hills, TN Patch, "Fourth Lipscomb Carjacking Suspect, 16, Arrested", J.R. Lind, Aug. 24, 2017

Which states are toughest on drunk driving?

Thu, 24 Aug 2017 05:00:00 GMT

It is never a good idea to get behind the wheel of a car after having a few drinks in Tennessee or in any other state in the nation. However, the consequences for drunk driving can vary significantly from state to state. A recent study by a financial website identifies the strictest states on driving under the influence.

The website analyzed data from all 50 states and the nation's capital. Some measurements reviewed included mandatory alcohol assessment and vehicle impound. The minimum jail time for first and second convictions was also included in the review. The data was then used to rank states by criminal penalties and prevention rank.

Arizona and Georgia topped the list as the strictest states in the country. Georgia, Tennessee's neighbor to the south, had mandatory jail time for first and second offenses and was the highest in the nation for license suspension. Those convicted of DUI in that state have their license suspended for 360 days. States at the top of the list also have prevention programs, such as sobriety checkpoints and child endangerment protection. Tennessee ranked No. 19 on the list.

The District of Columbia was at the other end of the spectrum, ranking No. 50 in the survey. The city had no minimum jail sentences for first or second offenses, and the license suspension was only for 90 days there. For the entire country, those with multiple convictions spent almost three weeks more in jail than those convicted the first time. A majority of states required ignition interlock devices after a DUI as well as alcohol abuse treatment or assessment.

A drunk driving charge in Tennessee is serious and can have a great impact on someone's life. It would be helpful to contact a criminal defense attorney for assistance. A knowledgeable attorney will ensure that appropriate procedures are followed in the legal process and that the rights of a client are protected. A defense team will work to present the strongest case possible to avoid a negative outcome in the proceedings.

Source: The Atlanta Journal-Constitution, "Report: Georgia is among the strictest states on DUI", Najja Parker, Aug. 10, 2017

Nashville man facing 13th drunk driving charge

Thu, 17 Aug 2017 05:00:00 GMT

Driving under the influence is a serious offense in the state of Tennessee. There are penalties associated with drunk driving charges that range from loss of license and fines to time in jail or prison. The consequences become even more severe if someone is determined to be a repeat offender. A Nashville man was recently arrested for the 13th time on DUI charges.

According to police reports, a man driving a car rear-ended another vehicle at an intersection. The driver of the car that was struck was transported to a local hospital for treatment of injury. Officers claim that they smelled alcohol on the man who had hit the other driver. The man supposedly had difficulty talking and standing properly.

The man reportedly told police that he had been drinking and smoking marijuana while fishing nearby. A partially smoked marijuana joint was allegedly discovered on the man. After a license check, it was determined that the man's license had been revoked. Bottles of brandy were purportedly found on the passenger side of the vehicle.

The driver was charged with an open container violation and possession of a controlled substance. He was further charged with a habitual offender violation. There was also a charge of DUI-6th offense or more.

It is never a wise decision to get behind the wheel while intoxicated in Tennessee. If someone is facing a drunk driving charge, it is important to seek the advice of a criminal defense attorney. An experienced lawyer can help a client build the strongest defense possible and work toward minimizing any negative impact on his or her life.

Source: fox17.com, "68-year-old charged with 13th DUI after Nashville crash", Aug. 11, 2017

Remember a few things before you go on vacation

Thu, 17 Aug 2017 05:00:00 GMT

If you are heading to the Great Smoky Mountains soon, you should have a lot of fun. After all, your options include Dollywood, car shows, festivals, and, of course, the beautiful outdoors.

However, whether you are a meticulous vacation planner, creating lists of items to pack and checking off each item, or someone who wings the process, there are a few things that are necessary to bring - and easy to forget.

Medication

Perhaps the most easily forgotten item is medication. It comes in small containers, and you need to use it until right before you leave. Unfortunately, some people who forget it and need it to help with a mental illness or other potentially critical condition have gotten arrested and charged with crimes such as assault while on vacation. Not only does the person not have her or his medication, vacation means a break in a predictable routine and the possible stress that comes from having more people together in tighter quarters.

Speaking of medication, medical marijuana is not legal in Tennessee as of the summer of 2017. If you use marijuana in your home state for a medical condition, it may be a good idea to find alternative options for your vacation.

Versatile clothing

There is a lot to do in the Sevierville area, but you probably have only so much packing space. So, instead of cramming your suitcases full of different pairs of shoes and clothing choices, one option could be to pack clothes and shoes that can double for casual and more formal occasions, or for city and nature treks alike. One pair of jeans, one pair of dressy pants and one pair of trousers could be all you need, especially since many cabins and accommodations have washers and dryers.

Something relaxing

As touched on earlier, forgetting medication is not the only reason domestic violence arrests may go up when families are on vacation. They are out of their element and in potentially stressful situations. Thus, it can be important to bring something that relaxes you, be it a book of lush photographs or your yoga mat so you can easily continue to do yoga.

4 charged with Nashville area theft and property crimes

Thu, 10 Aug 2017 05:00:00 GMT

Stealing something in the state of Tennessee can lead to some serious consequences. Penalties for various theft and property crimes can range from fines to a significant amount of time in jail. Four people were recently arrested after stolen items were allegedly discovered outside Nashville.

A woman was shopping in a Brentwood Target store last month when she reported that her purse had been stolen. She tracked the usage of her credit card, which had been in her purse. In addition, the security officer in Target had called area police departments to make them aware of the theft. The Franklin Police Department put additional officers on patrol in the surrounding areas. According to reports, the four individuals were discovered eating at a restaurant at a nearby mall.

Upon searching the suspects' car, officials reportedly found purses from numerous states located along I-65. One of the purses contained a necklace, valued at $58,000. The necklace had been given to a woman by her husband, who had recently passed away.

A man from Vicksburg was charged with identify theft, resisting arrest and fraudulent use of a credit card. He was also held for unrelated charges by federal authorities. A Chicago man was charged as a felon in possession of a gun, fraudulent use of a credit card and identify theft. A Chicago woman faces charges of identity theft and fraudulent use of a credit card. Another woman from Chicago was charged with fraudulent use of a credit card, identity theft and tampering with evidence.

Charges stemming from theft and property crimes should be taken seriously. A Tennessee criminal defense attorney will work with those charged to mount a strong defense. An experience lawyer will determine if evidence was gathered properly and whether challenges to admissibility in court may be appropriate. Having a strong defense team in place can make a significant difference in the outcome of a case.

Source: Franklin, TN Patch, "I-65 Theft Ring Found With $58,000 Necklace: Franklin Police", J. R. Lind, Aug. 4, 2017

Juvenile crimes: Topic of debate in Tennessee

Fri, 04 Aug 2017 05:00:00 GMT

There is significant controversy in the state of Tennessee regarding a decision by the U.S. Supreme Court. The court banned mandatory life-without-parole sentences for people under 18 years of age. The questions have arisen because judges and juries must choose between life in prison or life with the possibility of parole after 51 years in prison for those convicted of certain juvenile crimes. Reform advocates believe that these options are harsh.

The Supreme Court decision to outlaw the mandatory sentences was made in 2012. However, in 2016, the court determined that the ruling would affect more than 2,000 people currently serving those types of sentences across the country. The decision stated that all but the most serious offenders should have an opportunity to be paroled. Supporters of the decision contend that juveniles have a greater chance of being rehabilitated. Also, many consider younger offenders to be more easily influenced and to have poorer judgment.

While many states have offered resentencing to their juvenile offenders because of the court's ruling, Tennessee has not as yet done so. One such juvenile that is affected by the decision was involved in a 1997 crime at an East Tennessee rest area. The juvenile was 14 at the time of the crime. While the man has petitioned the court to challenge his life-without-parole sentence, some authorities don't believe a reduction in the penalty should occur. A district attorney contends that the juvenile in question reflects the permanent incorrigibility that mandates keeping the sentence the same.

When teenagers are accused of crimes in Tennessee, it is beneficial for the case to remain within the juvenile court system, if possible. An experienced criminal defense attorney will work closely with those charged with juvenile crimes to keep them from being tried as an adult. A strong defense team will work with clients to achieve the best outcomes possible in their cases.

Source: sfgate.com, "Tennessee experts spar over prison terms for juveniles", Sheila Burke, July 31, 2017

Video complicates defense of theft and property crimes charges

Mon, 31 Jul 2017 05:00:00 GMT

Technology can be amazing, and law enforcement more frequently uses technological advances to fight and solve crimes. Citizens in Tennessee may also employ their own technology to protect their homes and belongings from theft and property crimes. Burglar alarms, surveillance equipment and even social media are becoming common tools in fighting crime.

Three men can thank the public for its part in their arrest. The men are accused of breaking into a home and burglarizing it. Their actions were captured on a camera set up inside the home. Video footage appears to show the three men entering the room, one with a weapon drawn, then apparently ransacking the place and filling their pockets and backpacks with items. Among the items reported stolen were electronics, a knife and money.

One man was located the following day and arrested for aggravated burglary. The other two men remained at large until police posted the video footage on social media. Within minutes, numerous calls came in providing Tennessee police with names of potential suspects. Police obtained warrants for their arrests, but the two men turned themselves in the next day. Both men were charged with aggravated burglary.

While the evidence may see irrefutable, those accused of this crime have rights which deserve to be protected. Having solid legal counsel can make a difference, especially because penalties increase for convictions of aggravated charges. A criminal defense attorney with experience in theft and property crimes will have the skills to negotiate with the prosecution to potentially reduce the impact of these charges.

Source: knoxnews.com, "Three Knoxville men arrested on burglary charges after public identifies them", July 18, 2017

Nashville man faces drunk driving charges after hit-and-run crash

Thu, 20 Jul 2017 05:00:00 GMT

Getting behind the wheel of a car after having a few drinks is never a wise decision in Tennessee or anywhere around the country. If convicted of drunk driving, an individual could face penalties from fines and loss of license to significant time in jail. The consequences are more serious if someone driving under the influence is involved in a fatal crash. A Nashville man is facing numerous charges after a recent accident, according to authorities.

Nashville Metro Police report that a 60-year-old man and a 67-year-old man were riding their motorcycles on a city street. A 28-year-old man was traveling from the opposite direction in his car. The car hit the motorcycles head-on, according to police. Witnesses to the accident allegedly claimed that the driver and his 18-year-old passenger got out of the car. While the passenger remained at the scene, witnesses report that the driver fled to a nearby neighborhood.

One motorcycle rider was pronounced dead at the scene and the other was transported to a local medical center, where he remains hospitalized. The passenger of the car was treated at the hospital for minor injuries. The driver was reportedly found at a relative's home by the Nashville police. Officers suspected that the man was intoxicated when they located him, according to reports.

The driver has been charged with vehicular homicide by intoxication, per reports from the Metro police. Additional charges include vehicular assault and leaving the scene of a fatal crash. Evidence of drug and alcohol use were discovered in his vehicle, according to officers.

A conviction of drunk driving can have a significant impact on someone's life. It would be wise to develop the best defense possible against such charges. An experienced Tennessee criminal defense attorney can work with a client to achieve a favorable outcome in a case.

Source: East Nashville, TN Patch, "28-Year-Old Arrested In Fatal Hermitage Hit-And-Run", J.R. Lind, July 10, 2017

Traffic stop results in drug charges for 2 in Clarksville

Thu, 13 Jul 2017 05:00:00 GMT

Traffic stops are frequently conducted by police officers across the state of Tennessee. Police often discover routine driving violations. However, two people face drug charges after officers seized several items during a recent traffic stop in Clarksville.

A 46-year-old man was stopped at a traffic stop. According to the Montgomery County Sheriff's Office, the man sped away before later being spotted by another officer. Another traffic stop was made where the man's vehicle was searched. Reports claim that some bags allegedly thrown from the car were searched also.

Police stated that numerous items were found in the search, including 1 pound of methamphetamine, 1 pound of crack and power cocaine and almost 7 grams of marijuana. In addition, police purportedly found Oxycodone pills, Amoxicillin pills, Lorazepam chills, Hydrocodone pills and Cialis pills. Additional items, such as scales, cell phones, some cash and a firearm were said to have been found in the search.

The man and a 23-year-old female passenger in the vehicle were taken into custody, according to officers. The man faces three drug charges and two weapons charges. He also faces charges of belong evading, reckless endangerment, unlawful drug paraphernalia and tampering with evidence. The woman faces multiple drug charges as well as possession of a firearm.

When Tennessee residents are detained at traffic stops, there may be occasions when serious charges occur. When someone faces drug charges, it should be taken seriously. A criminal defense attorney will evaluate all the evidence against someone and confirm that all searches were conducted appropriately. A knowledgeable lawyer will work with clients to minimize any negative consequences.

Source: wkrn.com, "2 arrested in massive drug bust during Clarksville traffic stop", July 3, 2017

Man and woman arrested for drug charges in Nashville

Thu, 06 Jul 2017 05:00:00 GMT

Possession of drugs is a serious offense in the state of Tennessee. Penalties for possession may range from fines to significant time in jail or prison. Nashville police officers reportedly arrested two people on drug charges and other offenses.

Arrest records show that police saw a man driving a car without a seat belt. The man was following another car, according to Nashville Metro Police. When both cars parked at an apartment, police conducted a traffic stop. After searching the man's vehicle, officers allegedly found 30 grams of marijuana, two loaded handguns, over $1,000 in cash and a key fob to the car he was following.

According to reports, the police then searched the other vehicle, driven by the man's girlfriend. In their search, police reportedly discovered 28 pounds of marijuana, four firearms and over $22,000 in cash. Tennessee state records showed that one of the firearms was reported as stolen. The woman's young child was allegedly in the car where the items were discovered. A family member has the child following the incident.

The man, who was purportedly the father of the child in the car, was driving on a revoke driver's license. Both the man and the woman were arrested on theft, marijuana possession and firearm possession charges. They were booked into the Davidson County Jail.

When someone is facing drug charges in Tennessee, he or she has the right to defend against the formal accusations. An experienced criminal defense attorney can assist clients throughout the legal process. All the evidence in the case should be thoroughly evaluated. For example, if a driver's car is searched by police, it is important to determine if the search was conducted legally. A strong legal team will work diligently to develop the best defense possible that will minimize the negative impact on a client's life.

Source: fox17.com, "Nashville woman found driving with young child, 28 pounds marijuana, weapons", July 4, 2017

Your rights during a traffic stop

Wed, 05 Jul 2017 05:00:00 GMT

Traffic stops happen all the time. According to the Bureau of Traffic Statistics, speeding was the most common reason for why drivers were pulled over in 2011.

During traffic stops, many drivers inadvertently give up valuable information. A police officer is not going to inform drivers of all their rights. Instead, it is prudent to become informed so that future traffic stops have a greater likelihood of working out in your favor.

Right to pull over when it is safe

You may see the flashing lights but are not in a place where you can pull off safely. You are within your rights to wait until it is safe. However, you should make attempts to pull over as soon as possible. If it will be a while, try to signal to the officer. Otherwise, officers can put additional infractions on the table.

Right to refuse a search

Police cannot search a car at their leisure. One of the following pieces of criteria need to be met for a search to take place:

Without one of these present, you can refuse to allow a police search.

Right to record an interaction

You are fully within your rights to record interactions with the police. The only caveat is that the recording cannot interfere with the officer's traffic stop. As long as the camera or recorder is not directly in the officer's face, it should be fine.

The best advice is to cooperate during any traffic stop. In the event of a violation of your rights, you can pursue action later in court.

Program helps those dealing with drunk driving charges

Thu, 29 Jun 2017 05:00:00 GMT

Often, when Tennessee drivers have been arrested for driving under the influence, it is difficult to get to get their lives back on track. The drunk driving charge may lead to the loss of a driver's license, the inability to keep a job and court fees that result from this cycle of crime. Many ex-offenders are simply looking for a way to break the pattern. A Memphis organization has been established to give individuals like this an opportunity for a fresh start.

Memphis reportedly has a high level of crime. In some cases, the crimes are committed by those who don't see another alternative. For example, one man had a DUI charge 15 years ago and lost his driver's license. However, since he still needed to drive to his job to maintain employment, he would often be caught without his license and given more jail time and fines. The group Perfect Harmony was formed to help this man and others like him to get a second chance.

The director, a detective from the Memphis Police Department, wants to see the community move in a positive direction by helping others get their lives back in order. The group will help individuals find jobs even with felony records. They also provide assistance in getting drivers' licenses reinstated and getting criminal records expunged. Participants in the program are happy to get their lives back to normal, especially being able to drive without fear of repercussion.

While programs such as Perfect Harmony do not exist in every community, it is important to seek guidance when charged with drunk driving. All drivers have the right to defend themselves against these charges and present a strong defense. A knowledgeable Tennessee defense attorney can work with clients to minimize any negative impact on their lives.

Source: wreg.com, "MPD officer starts nonprofit to help ex-offenders get back on their feet", Nina Harrelson, June 24, 2017

Juvenile crimes increase in summer months

Thu, 22 Jun 2017 05:00:00 GMT

Parents in Tennessee may often hear their children say that they are bored and don't have anything to do. This declaration is frequently met with activity suggestions or lists of chores. Unfortunately, some bored children may choose some activities that could potentially land them in trouble. According to a sheriff's office in an East Tennessee county, juvenile crimes have increased now that school is out for the summer.

A lieutenant from the Loudon County Sheriff's Office reports that there is roughly a 20 percent increase in crimes during the summer months. He attributes this in part to kids not having much to do. In particular, there are not many alternatives for children in a small town. The officer believes that when several youths gather, they may vandalize some local areas. While there are not usually serious crimes committed, decisions could be made that may affect someone for their entire life.

The officer reports that the most common offenses in the summer are theft or vandalism. However, officials acknowledge that the increase in summer crimes does not come exclusively from juveniles. There are more reports of domestic violence and assault in the summer months as well.

The Office of Juvenile Justice and Delinquency Prevention reports that the hours immediately after a school day is the most likely time for a violent crime to occur. When children are not in school, the crimes are more likely in the evening. Those reviewing the reports believe that a link exists between schools being out and the number of crimes.

Juvenile crimes in Tennessee can result in serious consequences. Penalties ranging from fines and probation to incarceration may be levied against someone convicted of such crimes. An experienced criminal defense attorney can provide much-needed guidance through the process. The goal of a strong legal team is to minimize the negative impact on a person's life.

Source: local8now.com, "Why does summertime mean more crime?", Niku Kazori Posted, June 10, 2017

Woman facing drug charges allowed police to search car

Thu, 15 Jun 2017 05:00:00 GMT

Some police officers depend on citizens' lack of understanding of their civil rights during traffic stops. For example, in most states, including Tennessee, police cannot search a vehicle without a search warrant unless the driver grants permission. Many people, especially young drivers, may feel they have to obey an officer's request. Once police find something incriminating in a car, that driver may face serious consequences, such as drug charges.

One 19-year-old woman is now in jail after police searched her car during a routine traffic stop. Police claim they smelled marijuana when they approached the woman's vehicle. Supposedly, the woman granted permission for the police to search the vehicle where they found 48 ounces of liquid codeine, 20 grams of cocaine, 3 grams of THC wax, 113.5 grams of marijuana and 64 Xanax pills. Deputies also allegedly found grinders, scales, baggies, various drug paraphernalia and over $1,700 in cash.

Police charged the driver with numerous felony counts of possession for resale, including a schedule 2 substance, a conviction of which carries a significant prison sentence. She also faces charges of possessing drug paraphernalia and several traffic offenses. She is in jail on a $41,000 bond.

Tennessee residents in similar situations can turn to a criminal defense attorney for assistance. An attorney will likely examine the evidence that led to the filing of drug charges, beginning with the traffic stop and search of the vehicle. If it is determined that police violated the rights of the accused, the evidence collected from that point forward could be ruled inadmissible in any criminal proceedings.

Source: wjhl.com, "Woman, 19, faces multiple drug dealing charges after traffic stop in Johnson City", June 7, 2017

General manager of hockey team facing drunk driving charges

Thu, 08 Jun 2017 05:00:00 GMT

Getting behind the wheel of a car after having several drinks can result in serious consequences. A conviction of drunk driving in Tennessee could lead to loss of a license, fines and/or jail time. The general manager of Knoxville's professional ice hockey team is facing a DUI charge after a recent incident.

According to the Knox County Sheriff's Office, a disturbance was reported in the early morning hours of May 24 at a Knoxville home. Upon arrival at the residence, officers reportedly found the general manager of the Knoxville Ice Bears in the front yard. His truck had evidently gotten stuck under a tree as he attempted to turn around in the driveway.

The 50-year-old man purportedly had bloodshot eyes, slurred speech and was unsteady. Deputies also allege that there was an odor of alcohol on the man's breath. According to reports, the man told police that he had several drinks at a restaurant earlier in the evening. The arrest warrant states that the man supposedly had poor results from a field sobriety test and did not consent to a blood test.

The Ice Bears' general manager has been charged with driving under the influence and violating implied consent. He is scheduled to appear in court on July 27. In addition to his arrest, court records show that a 26-year-old woman was arrested for public intoxication.

A charge of drunk driving should not be taken lightly. Anyone facing this charge has a right to present a rigorous defense. A Tennessee criminal defense attorney can evaluate all the pertinent evidence and develop a strategy appropriate to a specific situation. An experienced lawyer will work with clients to minimize any negative impact on their lives.

Source: knoxnews.com, "Ice Bears general manager Mike Murray arrested on DUI charge", Travis Dorman, May 31, 2017

Tennessee’s drug offenders need treatment, not incarceration

Fri, 02 Jun 2017 05:00:00 GMT

If you suffer from a serious drug addiction, you may understand that addiction can lead you to do things you may otherwise never consider. Many drug addicts who once led a crime-free lifestyle end up breaking laws they would not have before. An increasingly popular program available in some parts of Tennessee strives to help addicts kick addiction and return to a life free of drugs and crime.

In addition to offering many drug offenders an alternative to a traditional prison sentence, the National Association of Drug Court Professionals notes that drug courts offer many benefits.

Save communities money

Every time or another drug offender goes through a drug court program as opposed to serving a sentence behind bars, communities save anywhere from $3,000 to $13,000. In one recent year, states saved $9 in state funding for every federal dollar used toward drug court programs.

Help reduce crime

Drug courts also have dramatic effects on reducing crime, and so much so that these programs generate as much as a 45-percent reduction when compared with traditional criminal penalties and prison terms. These crime reductions also have lasting effects, with statistics indicating they can last anywhere from about three years after an offense to more than 14. Your chances of breaking the law again greatly decrease.

Help families stay together

Your family also has a better shot at staying together for the long haul because of your participation in drug court. Your children are also considerably less likely to have to spend long periods in out-of-home care, such as foster homes, because of your inclusion in a drug court program. As a parent, you are also more likely to effectively complete drug addiction treatment than you would be if you did not have children.

Drug courts change lives, but regrettably, they are not yet available in all areas. If you are suffering from a drug addiction and want to know if a drug court may be available to you as an alternative to imprisonment, you may want to get in touch with a lawyer.

Theft and property crimes: Tennessee sees increase in gun thefts

Thu, 01 Jun 2017 05:00:00 GMT

The federal Bureau of Alcohol, Tobacco and Firearms reports that Tennessee is experiencing an increase in the number of gun thefts. Gun shop owners are concerned about theft and property crimes of this nature. A recent robbery at a gun shop in LaVergne appears to be part of a trend where larger numbers of firearms are being stolen at one time.

ATF officials cite statistics that show the increase in stolen firearms. Previously, around five or six guns were stolen in a given incident. However, officers are seeing much larger numbers involved in robberies today. The LaVergne gun shop saw 39 firearms taken from the store over a weekend.

Reports show that over 18,000 firearms were stolen or lost in 2016 nationally. Tennessee ranked in the top 10 for most reports. This is a concern since stolen firearms may also be used in a violent crime, such as assault or homicide.

One way to counter this trend is to only purchase firearms from a licensed retailer, rather than a private seller. This reduces the chance of buying a stolen gun. It is important to save the sales receipt and the serial number. This is crucial information to share with officials if someone has a firearm stolen.

As police focus on stolen guns or other types of theft and property crimes, those charged with such a crime would benefit from guidance through the complex legal process. Anyone facing these charges has a right to present a strong defense. An experienced criminal defense attorney can evaluate the specific situation and develop a defense that will help minimize any negative impact on a client's life.

Source: fox17.com, "ATF: Gun thefts are on the rise in Tennessee", Nikki Junewicz, May 23, 2017

What are the penalties for growing or selling marijuana?

Wed, 31 May 2017 05:00:00 GMT

In the state of Tennessee, the use of marijuana is only legal for extremely limited medical applications. It is against the law to possess, cultivate or sell marijuana for recreational use. While most convictions are felonies, the possession of marijuana is considered a misdemeanor if it falls within certain guidelines.

The boundaries for possession

If you are just visiting our fair state, you may not know that if caught with less than a half ounce of marijuana, Tennessee law says you are guilty of a misdemeanor. That may not sound so bad, but on a first conviction, you are looking at a fine of $250 and you could serve jail time of up to one year. For a second conviction, the fine doubles. Until recently, a third conviction for possession was listed as a felony, but in 2016, the charge was reduced to a misdemeanor. However, it is a felony to either grow or sell marijuana in this state and the penalties are severe.

Even one plant means trouble

By Tennessee law, growing any amount of cannabis is a felony, even just one plant. The mandatory minimum sentence for cultivating 10 or fewer plants is a year in jail-you could get up to six years in prison-and as much as $5,000 in fines. If you grow between 10 and 19 plants, the minimum penalty is two years in prison and a $50,000 fine.

The half-ounce rule for sales

If you sell a half ounce or more of marijuana, you are committing a felony. For a sale of up to 10 pounds, the minimum sentence is one year in jail with a possibility of up to six years in prison and a maximum fine of $5,000.

Looking for help

You may be a Tennessee tourist who was pulled over for a traffic citation and ended up with the more serious charge: possession of marijuana. Do not delay your search for legal help. Reach out to an experienced criminal defense attorney who will be a strong advocate for you.

Teacher faces charges of drunk driving, vehicular homicide

Thu, 25 May 2017 05:00:00 GMT

Getting behind the wheel of a car after a few drinks is never a good idea. Driving while under the influence in Tennessee can result in serious consequences, from the loss of a driver's license and fines to significant jail time. In dire situations, drunk driving can lead to fatalities and more grievous charges. A Crossville woman faces vehicular homicide and DUI charges from a recent crash.

A 36-year-old teacher at Cumberland County High School was driving south in the northbound lane on Highway 127. Her pickup truck allegedly hit a motorcycle head-on, per police reports. A third vehicle was also hit from debris from the crash, but only minor damage was reported.

The 67-year-old motorcycle driver was reportedly thrown from his bike as a result of the impact. According to reports, the man died at the scene of the accident. The truck driver was not injured in the accident. In addition to the charges of vehicular homicide and DUI, she was apparently charged with violation of implied consent. According to the Cumberland County Director of Schools, the woman was placed on administrative leave from her job as a special education teacher.

A charge of drunk driving in Tennessee can negatively affect someone's life in any number of ways and should not be taken lightly. It would be beneficial to contact an experienced criminal defense attorney for guidance through the complex legal process. A knowledgeable lawyer is able to evaluate the evidence gathered in a case and develop a comprehensive defense. A strong legal team will work toward achieving the best outcome possible for a client.

Source: knoxnews.com, "Cumberland County High School teacher charged with vehicular homicide, DUI", Travis Dorman, May 19, 2017

Tennessee umpire faces drug charges

Thu, 18 May 2017 05:00:00 GMT

Hundreds of students play middle school baseball every year in Tennessee and around the country. Umpires are employed to officiate games and ensure that players and coaches abide by the established rules. Recent reports state that a Pulaski umpire who had begun officiating games this spring faces drug charges.

The Tennessee Secondary School Athletic Association executive director shared that a 42-year-old umpire was arrested after police say they discovered drugs and weapons in his home. Officers with the Pulaski Police Department claim they found nearly a pound of methamphetamine in the search. According to drug agents, this amount of meth would have a street value exceeding $25,000.

Court documents state that several weapons were also discovered in the man's home. He has been charged with possession of marijuana for resale and possession of meth for resale. Additional charges include criminal conspiracy and possession of a firearm in commission of a felony. The man's wife also faces drugs charges, according to reports. In addition, authorities say a male accomplice involved in the alleged incident has been charged.

The umpire had reportedly worked several middle school ball games, training with more experienced officials. According to the TSSAA, there had been no issues with the man's performance. However, the agency stated that he worked his final game at the end of April.

A conviction for drug charges in Tennessee could result in serious consequences, including jail time. Anyone facing such charges has the right to defend themselves. An experienced attorney can provide valuable guidance in understanding any specific charges and mounting a rigorous defense. A knowledgeable criminal defense lawyer will strive to obtain the most favorable outcome for a client.

Source: wkrn.com, "First-year umpire in Maury, Giles counties arrested for serious drug felonies", Andy Cordon, May 10, 2017

Theft and property crimes: Stolen property found in Bluff City

Thu, 11 May 2017 05:00:00 GMT

Approximately $1 million worth of stolen property was recently recovered in Tennessee, according to the Sullivan County Sheriff's Office. In an interview with the Sheriff, he stated that this is purportedly one of the largest theft and property crimes ever reported in the county. Authorities report that a tip led them to a Bluff City property where several allegedly stolen items were found.

A search warrant was obtained for the property, and deputies found numerous items that had been apparently reported as stolen. Among the items were cars, trucks, trailers, boats and scooters. In addition, there were golf carts, lawnmowers and tractors that were recovered. Several agencies worked together, including the Washington County, VA Sheriff's Department, Kingsport and Bristol police departments.

Initially, a tractor company in Abingdon reported that a fence at the business had been cut. A company executive learned that six pieces of equipment had been stolen. Police followed a lead and say they discovered the stolen items.

No arrests have been made, but the investigation is ongoing. Officers believe that several people must have been involved, given the scope of the operation. Police believe that two residents who live in the home or near it have been involved in the operation, but officials continue to sort through evidence.

When someone in Tennessee is charged with theft and property crimes, it is important to have someone knowledgeable involved who understands the complexities of the legal process. An experienced criminal defense attorney will review all the details and develop a strategy to achieve the best outcome in the case. A strong defense team working on someone's behalf can minimize the negative impact on his or her life.

Source: wjhl.com, "Authorities find dozens of stolen vehicles, equipment on Bluff City, TN property", May 1, 2017

Search of residence leads to accusations of drug charges for 1

Thu, 04 May 2017 05:00:00 GMT

There are numerous divisions within law enforcement across the country that dedicate their efforts into reducing the flow of illegal drugs. These divisions often undertake investigations that can last several months. A recent investigation in Tennessee allegedly uncovered narcotics and drug paraphernalia at two separate residences, subsequently leading to the arrest of a man who is now facing drug charges.

Agents in a drug task force claim to have acquired information through an ongoing investigation indicating that a local residence was involved in the sale of heroin. After executing a search warrant at this location, along with another residence, they claim to have seized various amounts of drugs and paraphernalia at both locations. A man was taken into custody following the search and is apparently facing charges for possession with intent to deliver.

Although they claimed to have received information about one of the locations, there was no indication of what led them to search the second residence. Other than the allegations against the man in custody, there was no mention of the evidence against him. When facing similar charges, an accused individual is protected by the presumption of innocence. No conviction can occur unless the formal accusations are proved in court and beyond a reasonable doubt.

The penalty for a conviction regarding drug charges is severe and can have a catastrophic impact on a person's future. When facing a similar situation, an accused individual in Tennessee could speak with a defense attorney for assistance throughout this stressful and intimidating process. An attorney can evaluate the charges and evidence against a client and assist in forming a strategy designed to pursue the most favorable outcome achievable.

Source: wgnsradio.com, "Drug Bust In Neighboring Wilson County", April 28, 2017

Teens can be affected long term by underage drinking

Tue, 02 May 2017 05:00:00 GMT

While there are laws in place to stop teenage kids from drinking, many take a chance and a walk on the wild side while on vacation. Unfortunately, they often do that without realizing that they can be charged with a crime, lose their license or completely rewire their brains.

There are many long-term negative effects for teenagers who drink, particularly those who also drive.

Alcohol and the brain

Initially it may seem as if alcohol is a stimulant because many lose their inhibitions, but the truth is that it is a depressant. Because it depresses the section of the brain that is responsible for controlling inhibitions, many confuse it with a stimulant.

The teen brain is still in development until the mid-20s. Some researchers believe that any significant changes in brain development during this time may be permanent. This means it is not just a criminal record teens have to worry about when they are drinking underage but also their ability to function in the future.

Alcohol affects the central nervous system, cerebral cortex, frontal lobes, hippocampus, hypothalamus, medulla and cerebellum. Poor decision making, inability to regulate body temperature and heartbeat, and memory are affected when alcohol enters the teenage brain.

Is it worth it?

Drinking alcohol is often a rite of passage for teenagers, but they should always be aware of the consequences. A criminal record can affect their ability to get a job or a loan for college. Many make bad decisions while under the influence and have no idea how their brains will handle alcohol while they are still developing.

Any teen who determines it is worth the risk and finds his or herself in trouble with the law should speak to an attorney with experience in underage drinking immediately.

Theft and property crimes: Man robbed on his front porch

Thu, 27 Apr 2017 05:00:00 GMT

The state of Tennessee has different laws regarding robbery, burglary and theft. Depending on the severity of the charge, the action could be defined as a misdemeanor or a felony. For example, consequences for theft and property crimes may range from fines to significant jail time. A Murfreesboro man was recently charged with robbing someone at his home.

A man was sitting on his front porch when two men allegedly approached him and held a gun to his head, according to Murfreesboro Police. The homeowner claimed he was forced to go inside his house and lie down on the couch. The two men searched the home and reportedly took the owner's car keys. They also took $600 in cash from the car, according to police.

The two men then supposedly took the homeowner's girlfriend to search her vehicle. The cellphones from the man and his girlfriend were said to have been stolen. Both men allegedly fled the scene. A 31-year-old man was arrested in conjunction with the incident. Another person viewed on surveillance video is being sought in conjunction with the robbery.

Police have charged the man with two counts of aggravated robbery and two counts of aggravated burglary. He also faces charges of aggravated kidnapping. An additional charge of possession of a firearm by a convicted felon was also added, according to reports.

When someone is facing theft and property crimes charges, it would be beneficial to seek the guidance of a Tennessee criminal defense attorney. A knowledgeable lawyer will evaluate the situation and explain the likely next steps for a client. A strong legal team will work toward preparing the best defense possible to achieve a favorable outcome in the litigation process.

Source: fox17.com, "Murfreesboro man charged after robbing a man on his front porch", Kaylin Searles, April 20, 2017

Paris man faces drug charges after undercover operation

Thu, 20 Apr 2017 05:00:00 GMT

Police investigations in Tennessee routinely involve undercover operations. Several law enforcement agencies in Henry County recently collaborated on such an operation. A Paris man was arrested on felony drug charges after an ongoing investigation throughout West Tennessee.

The Henry County Metro Crime Unit had pulled over a 40-year-old Paris man at a traffic stop. The man was allegedly wanted by the County on felony drug charges for the sale and distribution of meth. Paris Police Department officers reportedly discovered narcotics pipes during the traffic stop as well as items apparently used for the concealment and distribution of illicit drugs.

The man has been charged with possession of a Schedule II controlled substance with intent to manufacture, sell or deliver. He also faces a charge of possession of drug paraphernalia, according to reports from the Henry County Sheriff's Office. Police officials claimed that this arrest was one involving a purported network of meth dealers around the state.

The penalties for drug charges in Tennessee are serious and could range from fines to significant time in jail. Those facing such charges have the right to rigorously defend themselves to minimize the negative impact on their lives. A strong legal team can assess whether the undercover operation was conducted properly and that the officers involved followed appropriate protocol. An experienced criminal defense attorney would be a helpful ally in the litigation process. A lawyer will examine all the evidence and details of a specific case and work toward preparing the best possible defense for a client.

Source: parispi.net, "Man's arrest part of bigger undercover operation", Ken Walker, April 12, 2017

Tennessee teens arrested for juvenile crimes

Thu, 13 Apr 2017 05:00:00 GMT

Most Tennessee teenagers have made poor decisions at one time or another. Generally, those decisions have minimal repercussions in a juvenile's everyday life. However, when the decisions involve alleged juvenile crimes, the consequences may have a lifelong impact. A recent incident near Nashville has resulted in charges against two teenagers.

Nashville Metro Police received a call from a 35-year-old man one night, stating that his vehicle had allegedly been carjacked around 11:30 p.m. The man reported he had been approached by a young man who tried to rob him at gunpoint. He also stated that the young man struck him with a gun, according to police reports.

The man claimed that the purported attacker and two others then locked him into the trunk of his car. Per his account, he escaped by pulling the emergency release in his vehicle before his car was driven away. He called the police after arriving at his home.

Hermitage Precinct Police officers located the vehicle and found an 18-year-old in the driver's seat and a 16-year-old passenger. Police allegedly found the car owner's watch and credit card in the possession of the teenagers. The 18-year-old faces charges including aggravated kidnapping, aggravated robbery and evading arrest. The 16-year-old, a girl, was charged in juvenile court with aggravated robbery. Another suspect has not been located or identified.

When a teenager faces charges from juvenile crimes, he or she has the right to mount the best defense possible. It is beneficial to contact an experienced Tennessee criminal defense attorney for advice. A knowledgeable defense team will work to minimize the negative impact of the formal accusations on someone's life.

Source: tennessean.com, "Arrests made after victim carjacked, stuffed in own trunk", Natalie Neysa Alund and Ariana Maia Sawyer, April 7, 2017

Woman arrested for drunk driving following rollover crash

Thu, 06 Apr 2017 05:00:00 GMT

Driving while under the influence of alcohol or drugs is a serious offense in Tennessee. If convicted, there are a number of consequences that can occur, including fines, loss of license and/or time in jail. An accident involving suspected drunk driving recently occurred in Springfield, a town north of Nashville in Middle Tennessee.

According to Springfield Police officials, at approximately 11 p.m. on March 30, a car driven by a woman left the road, then hit a post and overturned. The vehicle landed on its roof just a few feet from another car, but no other nearby property was damaged, according to reports. The driver was not seriously injured in the rollover crash. She was able to get out of the vehicle on her own and apparently refused medical treatment. No injuries were reported by the Springfield Police, Springfield Fire Department or Robertson County EMS responders.

Police purportedly took the woman into custody under suspicion of driving under the influence. She was transported to a nearby hospital for a blood draw. The woman was followed by transport when she was taken to the Robertson County Detention Facility.

When someone is arrested for drunk driving in Tennessee, it is important to seek guidance immediately. A knowledgeable criminal defense attorney is a valuable ally in determining the best course of action for a specific situation. An experienced lawyer will help examine all the evidence and work toward building a strong defense. The goal of a strong defense team is to minimize the negative impact on a client's life.

Source: smokeybarn.com, "Springfield Woman OK After Rollover Crash Arrested For DUI", April 1, 2017

Nashville arrest resuts in alleged drug charges

Wed, 29 Mar 2017 05:00:00 GMT

Pharmaceutical methamphetamine, or "meth," is available legally and may be prescribed for certain conditions by physicians. However, a black market for the illegal manufacturing and selling of the drug does exist. Police officers in Tennessee and around the country frequently investigate locations they suspect may be used for distributing or manufacturing meth. A recent incident in Nashville resulted in arrests and drug charges for four people.

Nashville Metro Police report that a search was conducted at a home after undercover detectives had allegedly bought meth there. During the search, police purportedly found a suspected meth lab. For precaution, nine police officers were examined at a nearby hospital for possible exposure to the drug. All officers were released after the examinations.

Two men and two women were also taken to a hospital for apparent decontamination. According to reports, a 29-year-old woman, a 46-year-old woman, a 29-year-old man and a 39-year-old man have all been charged with manufacturing methamphetamine. They also face charges of possession of Schedule I and II drugs in a drug-free zone as well as unlawful gun possession during the commission of a felony.

Police allege that they discovered all the materials for a meth lab in their search. They reportedly found other drugs, including ecstasy pills, morphine and oxycodone, at the home. Over $1,000 in cash and a gun was also apparently seized.

When Tennessee residents are facing alleged drug charges, they should contact an experienced criminal defense attorney immediately. A lawyer can evaluate the situation thoroughly and explore all possible defense options should a case come to trial. A strong legal team will help formulate the best plan to minimize any potential negative outcomes for clients.

Source: wkrn.com, "4 arrested in East Nashville meth bust; 1.8 ounces seized", March. 21, 2017

Tennessee teens may be charged with juvenile crimes

Wed, 22 Mar 2017 05:00:00 GMT

Most Tennessee residents have made a poor decision at one time or another. Unfortunately, sometimes those decisions carry consequences that can affect one's life for many years. Recently, four teenagers in Memphis were said to have stolen a car and were in possession of guns. Now those teens face charges for juvenile crimes associated with the alleged incident.

A car had been reported stolen to the Memphis Police Department. The car's owner had evidently seen the vehicle and notified the police. The owner reportedly followed the car and claimed that the occupants pointed a gun at him before they drove away.

According to reports, police officers saw the vehicle later and started following it. The car stopped at a local hotel in the early morning hours. As police reported, when officers approached, the four teenagers apparently attempted to exit the vehicle and damaged a police cruiser in the process. The teens were taken into custody by the Memphis Police Department and are awaiting potential charges. No injuries were reported in the incident.

Teenagers in Tennessee and their families need to understand the seriousness of being accused and convicted of juvenile crimes. Negative consequences could have far-reaching effects, such as difficulty in finding a job, getting into college or renting an apartment. Many facing such charges seek the advice of an attorney experienced in juvenile criminal law. Defense lawyers will work to ensure that those accused are tried as juveniles and not as adults. A strong legal team may be able to eliminate or reduce the negative impact resulting from actions made as a teenager.

Source: wreg.com, "Juveniles arrested after overnight police chase", Eric Lipford, March 16, 2017

Man drives into lake; faces drunk driving charges

Thu, 16 Mar 2017 05:00:00 GMT

Being charged with driving under the influence is a serious offense. The consequences for drunk driving in Tennessee could range from fines to suspended licenses to jail time. A Knox County man finds himself facing several charges after a recent accident.

The Tennessee Highway Patrol reports that a 38-year-old man was traveling north on an Anderson County road. He allegedly left the road after failing to stay in his lane of travel. The car drove through barrier posts before rolling into a lake near Bull Run Park, according to witnesses. The witnesses reportedly pulled the man from the lake.

Officers reported that the man received only minor injuries but was disoriented when he was rescued from the water. He was purportedly unable to tell the rescue squad workers if anyone else had been in the car with him. The vehicle was totally submerged in the lake and divers were called upon to search for the car and any potential passengers. According to the preliminary report by the Tennessee Highway Patrol, there were no passengers in the vehicle.

The man was charged with driving under the influence after the incident. He also faces a due care violation, which indicates apparent careless or negligent driving. His charges also include driving with a stolen license and driving with no license.

When facing drunk driving charges in Tennessee, it is important to understand all possible scenarios and the defense options available. A criminal defense lawyer can help those charged determine the appropriate path forward. An experienced legal team will work to achieve the best outcomes for their clients.

Source: wate.com, "Man charged with DUI after car plunges into Anderson County lake", March 9, 2017

Understanding implied consent in Tennessee

Wed, 15 Mar 2017 05:00:00 GMT

If you are pulled over on suspicion of drinking and driving, it can be tempting to refuse to go along with the testing methods that law enforcement tends to use, especially if you understand the shortcomings in those tests that often lead to the accusation of innocent drivers. The fact is, though, that Tennessee, like every other state, has an implied consent law that imposes strict penalties on drivers who refuse to cooperate with law enforcement when a test is requested.

How implied consent works

The legal theory behind implied consent is relatively simple, and it has generally been accepted by courts throughout the country as valid. Since the right to drive a motor vehicle is not a protected right but a privilege that the state grants to those who agree to abide by its licensing procedures, people who are licensed to operate those vehicles must abide by the state's rules to maintain a valid license. This means that if any driver refuses a test for driving while under the influence of substances, the state may impose a penalty.

Tennessee's implied consent law

While every state has penalties in place that require drivers to participate in DUI testing for breath, blood and urine at the request of an officer, the penalties for refusal are different everywhere. In Tennessee, refusing a breath test, blood test, or urine sample means the following may occur:

These penalties make Tennessee one of the states with the most diverse and nuanced implied consent law because many states do not provide additional implied consent penalties based on accident status. This can have major repercussions for those charged with DUI.

What to do

If you are pulled over on suspicion of DUI, the best choice is to take the test and then prepare yourself to fight the results if you believe they are inaccurate. There is a number of DUI defense strategies available to those who are wrongly accused, and an experienced criminal defense attorney should be able to help you decide on the right one.

Whenever you have been arrested, it is important to talk to a lawyer right away. This protects your rights, helps you ensure that your defense will be effective, and gets you back out to your friends and family as quickly as possible.

Former manager charged with theft and property crimes

Fri, 10 Mar 2017 06:00:00 GMT

Being charged with a crime in Tennessee can affect almost all areas of a person's life. If convicted, someone may have to pay fines, be put on probation, or even go to jail, depending on the severity of the crime. A Coffee County woman faces charges of theft and property crimes.

The woman, the former manager of the Coffee County Conference Center, reportedly stole more than $30,000 from the center over a 15-month timeframe. According to records, the woman has been charged with two counts of official misconduct as well as theft of property over $10,000. Her arrest reportedly occurred in another state, when police officers had questioned her at a traffic stop.

The Tennessee Comptroller of the Treasurer claimed the woman made personal purchases by using the center's credit and debit cards. The money was apparently used to purchase clothing, a vacation and electronics. Reports allege that the woman took money from the center's bank account and received other payments she shouldn't have.

The comptroller's office said that the woman modified or deleted information in financial statements, attempting to hide the suspected activity. The woman allegedly told investigators that she was angry for her treatment and lack of support from the county's Public Building Authority. These situations had supposedly motivated her to take the money.

An experienced criminal defense attorney will examine evidence and determine the best defense strategy for charges of theft and property crimes. A dedicated legal team will help those accused of similar crimes understand the options for their defense. Strong, knowledgeable counsel will work with Tennessee clients to minimize the negative impact on their lives and, should a conviction be obtained, keep fines and penalties to a minimum.

Source: tullahomanews.com, "State: Heifner was "angry;" took funds", Wayne Thomas, Mar. 4, 2017

Man accused of drunk driving identified

Wed, 01 Mar 2017 06:00:00 GMT

Police officers frequently question drivers during traffic stops in Tennessee. Many times, an observed or suspected traffic violation has warranted the stop. In some circumstances, however, a traffic stop may lead to more serious consequences. A Johnson City man involved in a recent traffic stop now faces charges of drunk driving and evading arrest, among other accusations.

Several calls were made to the Johnson City Police Department, reporting a presumed reckless driver. According to police, someone had been spotted driving recklessly in a nearby church parking lot and also attempting to hit an ATM at a financial institution. Police report that when officers located the vehicle and initiated a traffic stop, the driver apparently did not stop. Reports claim that the driver ignored police lights and sirens and began traveling in the wrong direction on Interstate 26.

The driver reportedly forced other drivers off the road and nearly hit several vehicles while traveling at a high rate of speed. He then allegedly crashed into a fence in a nearby neighborhood. Police claim the car crashed into a barn after the driver had traveled through the backyards of some residences. Police say when they found the car at the barn, the driver was not in it.

Police apparently found the driver walking approximately one hour after the initial call about the incident occurred. The 32-year-old man faces multiple charges, including reckless endangerment, driving under the influence, leaving the scene of an accident, possession of meth and vandalism. He is being held at the Washington County Detention Center after being released from a local hospital for medical treatment.

When someone has been arrested for drunk driving and other charges, securing legal counsel immediately is typically the first order of business. An Tennessee attorney experienced in criminal law can help those individuals determine the proper course of action for the situation. A strong defense team will work toward achieving the best outcome for their clients and minimizing any negative consequences.

Source: wjhl.com, "Johnson City police identify suspect accused of DUI after reportedly driving wrong way on I-26", Jordan Moore, Feb. 27. 2017

Man charged with theft and property crimes fled from officers

Wed, 22 Feb 2017 06:00:00 GMT

Tennessee police are searching for a Sevierville man who reportedly ran from them after being stopped for questioning. The 30-year-old man is being sought for his alleged actions in recent incidents involving suspected stolen property. Police believe he may have been involved in two separate theft and property crimes in neighboring counties. Arrest warrants have been issued for the man in both Sevier and Jefferson counties.

The first incident occurred when a Sevier County man reported that his truck had been stolen in Knox County on Feb. 12. Police claim that the truck ran into a patrol car and forced another vehicle off the road. The truck had also been allegedly involved in a chase with deputies from Sevier County. The owner of the truck subsequently reported that the vehicle had been returned to his home on Feb 13.

On Feb. 14, Sevier County deputies received a call that a man was driving a rail buggy that was possibly stolen. After locating the vehicle, police officers say they used their lights and siren to notify the driver to stop. Police claim that the man failed to stop, but instead jumped out of the rail buggy and ran into the woods. Warrants were issued for the man's arrest after police spoke with witnesses who allegedly saw him earlier in the vehicle.

When the man is apprehended, he will likely be arrested for these purported crimes. Those facing similar charges often seek the advice of a Tennessee lawyer experienced in theft and property crime defense. A seasoned criminal defense attorney will make every effort to help those facing similar charges for theft and property offenses avoid serious punishments that may arise. The consequences of a conviction could be severe, and a strong defense is necessary to help minimize repercussions.

Source: standardbanner.com, "Man wanted in theft flees into woods", Steve Marion, Feb. 16, 2017

Man facing DUI and drug charges after crash

Wed, 15 Feb 2017 06:00:00 GMT

Head-on collisions often result in fatalities. A recent head-on crash in Tennessee claimed the life of one person and injured two others. A driver involved in the accident now faces DUI and drug charges, among others.

According to the Tennessee Highway Patrol, a 48-year old man was driving a sedan on U.S. 411 near Highway 95 on Feb. 3. He traveled into oncoming traffic after his car crossed the center lane. He hit a sports car head-on in the driver's side.

Lifestar helicopters responded to the scene and transported the occupants of both vehicles to a nearby hospital for treatment of injuries. A spokesperson from the hospital confirmed that the 29-year old driver of the sports car died there three days after the accident. The driver of the sedan and an 8-year old girl were also injured in the crash. At the time of the report, their conditions had not been released..

The driver of the sedan was charged with driving under the influence. He also faces charges of felony possession and simple possession of drugs. According to Tennessee Highway Patrol officials, the driver also received a vehicular assault charge.

When a driver faces drug charges and other allegations as the result of an accident, he or she has the right to secure the services of a lawyer immediately. An experienced criminal defense attorney is a valuable resource when dealing with charges such as these. While the results of a case cannot be predicted, retaining the services of seasoned counsel often helps those charged achieve a favorable outcome.

Source: wate.com, "Man charged with DUI, felony possession after fatal Loudon County crash", Feb. 3, 2017

Driver hit in fatal crash charged with drunk driving

Thu, 09 Feb 2017 06:00:00 GMT

Serious injury and death often occur when two vehicles crash in a head-on collision. Many factors can contribute to accidents such as this in Tennessee. When drug usage or drunk driving are involved, a tragic situation becomes even more serious. A recent accident in Maryville claimed the life of two people and injured five others.

On Jan. 28, a 54-year-old man was traveling northbound on U.S. Highway 411 in a pickup truck when he drove into the southbound lane. He crashed into a sports utility vehicle driven by a 21-year-old woman. A 49-year-old passenger of the pickup and a 28-year-old passenger of the SUV were both killed in the collision. The driver of both vehicles as well as a passenger of the pickup and two passengers of the SUV suffered injuries.

According to the Tennessee Highway Patrol, the pickup driver was under the influence of drugs at the time of the crash. He now faces numerous charges, including two counts of vehicular homicide, two counts of vehicular assault and driving under the influence of drugs. Officers reported that the SUV driver was under the influence of alcohol and was arrested on a DUI charge.

Anyone in Tennessee facing drug usage or drunk driving charges such as these has the right to seek assistance from a criminal defense attorney. Experienced legal counsel may help an individual in a similar situation decide what immediate steps to take and help build a strong defense to present in court. While no one can predict a certain outcome, strong representation increases the chance of positive results.

Source: knoxnews.com, "Two killed, one arrested on DUI charge in Maryville crash", Jan. 29, 2017

Auto-brewery syndrome may be to blame for your DUI

Mon, 06 Feb 2017 06:00:00 GMT

If you have recently been charged with intoxicated driving when you did not believe you were drunk, you may be suffering from auto-brewery syndrome. This condition was previously unknown, but it is gaining publicity after CNN reported that a New York judge dismissed one woman's DUI following evidence showing that she suffered from this rare disease. Here is what you need to know about dealing with auto-brewery syndrome.

How it happens

Inside the digestive systems of most people, bacteria and yeast particles are flushed out before they are able to flourish and grow. Whether the reason is genetic or environmental, the guts of some people allow yeast to continue growing. Scientists have found an abundance of Saccharomyces cerevisiae, commonly known as brewer's yeast, in the digestive systems of patients suspected of having auto-brewery syndrome. Since this is the same yeast that is used to make beer, as the person consumes sugars or other carbs, the bacteria ingests the food and produces ethanol, the same alcohol that can cause drunkenness. Thus, the person can register high blood alcohol concentrations even when they have not had a drop to drink.

Blood alcohol levels

When the woman in New York was pulled over for a flat tire, she took a breathalyzer test and registered at almost 0.4 percent BAC, a level that is nearly five times the legal limit. She was taken to the hospital and retested hours after her last drink, but still had a blood alcohol level of 0.3. A 12-hour monitoring was arranged and researchers watched as her BAC climbed to over 0.3 percent simply from the foods she ate.

Lack of side effects

The reason that many do not realize they have this syndrome is the lack of symptoms. They are considered highly functioning alcoholics because their bodies are used to constantly raised BAC levels and able to operate fairly normally. Most do not find out that they have the condition until they are pulled over or taken to the hospital for a different reason and a blood alcohol test is administered.

If you suspect that you may be a victim of auto-brewery syndrome, an attorney can work with your doctor to arrange for additional testing and monitoring. Proof of the condition can be evidence to dismiss a DUI charge , as it was for the woman in New York. Contact an attorney today to fight for your rights in court and assist you in getting help to manage this rare condition.

Paris man arrested for drug charges

Wed, 01 Feb 2017 06:00:00 GMT

A routine warrants check can often lead to more serious problems for some Tennessee residents. If other issues are uncovered, there is a potential for additional charges unrelated to the warrants issue. A recent warrants check led to dire consequences for one Tennessee man from Henry County. He now faces multiple drug charges as a result of the warrants check.

A police officer spotted the man at a local gas station. The officer reported that he saw the man talking on his cell phone outside the business. The police officer confirmed through a warrants check that the man was wanted in a nearby county. The 36-year old Paris man was immediately arrested and taken to the local jail.

At the jail, officers say they found 84 hydrocodone pills concealed on the man's body. It is claimed that the man also concealed 1.1 grams of methamphetamine. He was charged with possession of the two drugs with intent to sell, manufacture or deliver. The man was also charged with failure to appear in court. His bond was set at $10,000.

Residents of Tennessee or those visiting the state who find themselves in similar situations often seek professional guidance from a criminal defense attorney. Anyone facing drug charges has the right to fight those charges in court. Seeking an advocate with experience in criminal law is a positive step to help an individual avoid conviction or minimize penalties. Strong legal counsel can help someone explore all possible options and develop a strategy that will often result in a favorable outcome in court.

Source: parispi.net, "PARIS, TN: Man arrested for drugs outside gas station", Glenn Tanner, Jan. 29, 2017

Police accuse Tennessee man of theft & property crimes

Thu, 26 Jan 2017 06:00:00 GMT

By the time a man reaches 55 years of age, he can typically be described as having experienced many types of situations in his life. For one Tennessee man in particular, facing charges for theft & property crimes will soon be added to the list of things he's done. Authorities moved in and made an arrest at a hotel where they say the man was seen in possession of stolen property.

The situation reportedly began back in 2012. A trailer was reported stolen then. On a recent Wednesday, authorities filed charges against the man in question, saying he stole property and was in possession of stolen property exceeding $1,000 in value. He is currently being held in jail on a $20,000 bond.

Investigators allegedly viewed surveillance videos that helped identify the man as a suspect. They later located him at a local hotel where they say he was also in possession of other stolen property from several reported thefts in the surrounding area. As with any person charged with a crime in Tennessee, the man will be given an opportunity to present a defense in court.

A person preparing for arraignment typically has several important decisions to make if an indictment is handed down. A Tennessee criminal defense attorney may have keen insight as to what may be the best course of action in a particular situation. From whether to enter a plea to what type of options are available for a strong defense, a skilled attorney is always ready with answers and a confident plan regarding how to obtain a positive outcome in theft & property crimes cases.

Source: wcyb.com, "Johnson City man charged with theft that dates back to 2012", Jan. 25, 2017

What you should know about public intoxication charges

Tue, 24 Jan 2017 06:00:00 GMT

There are many occasions that may lead to a person drinking to the point of intoxication. Some are celebratory, others less so. How a person acts while they are intoxicated can vary widely, and so can the laws related to public intoxication across the country.

What is Public Intoxication?

Public intoxication violations or "drunk and disorderly" violations are normally considered misdemeanors that happen when a person is acting drunk in public. In many areas the prosecution needs to demonstrate that the offender's behavior suggests that their ability to take care of themselves is compromised, or that their actions have become disruptive to others.

The definition of "public" can vary. Some consider public places to be government or commercial buildings or areas where large numbers of people gather. Others think of the public as any place where a person can be easily viewed by those outside their personal circle. In this case, someone who gets drunk in their home, but steps outside and acts belligerent or disruptive could potentially be charged with public intoxication.

Determining Your Defense

If you've were charged with public intoxication while visiting the Pigeon Forge area, dealing with the issue can be a nuisance. The charges can be particularly frustrating if there was no harm done, or if the charges never should have been brought in the first place. Fortunately, there are multiple available defenses to the crime. Some of the most common defense strategies in public intoxication include:

Sometimes, fighting against a public intoxication charge isn't about defending your own behavior as much as it is about protecting a family member or your family's reputation. A good criminal defense attorney will look closely at all sides of the incident to help determine the best way to proceed.

Drug charges: Concern voiced about drug problems in Tennessee

Thu, 19 Jan 2017 06:00:00 GMT

A basic study of United States geography would likely include information regarding various industries and interesting facts regarding terrain or landmarks in each state. Some states, including Tennessee, however, have become known for things that would likely not be included in a typical tourist brochure. For instance, the state ranks among the top two in the nation regarding narcotic drug prescriptions. Many incidents where drug charges are filed involve the types of drugs often provided through such means.

One can assume that if inordinate numbers of prescriptions are being written and filled, chances are some of those taking the drugs are addicted to painkillers. In fact, one doctor recently suggested that Tennessee has one of the biggest synthetic opioid addiction problems in the nation. Drugs most commonly associated with such addictions include percocet, fentanyl and heroin.

Records show physicians in Tennessee and various other southern states write narcotics prescriptions at alarming rates compared to doctors in other parts of the nation. The doctor that was interviewed said he is convinced this problem is a main causal factor to the serious drug abuse and misuse issues prevalent throughout the state. Interestingly, the number of deaths related to narcotics overdose between 2001 and 2010 increased 250 percent.

Generally speaking, whenever there is a significant drug abuse problem in a particular area, drug crime rates in that same area tend to be high as well. Of course, just because a Tennessee doctor prescribes an opioid drug does not necessarily mean the doctor or patient committed any type of crime. Anyone facing drug charges related to prescription drugs can seek immediate assistance from a skilled defense attorney to discuss the best means for fighting such charges in court.

Source: murfreesboropost.com, "Tennessee has a serious drug problem", Mark Kestner, Jan. 17, 2017

When your Tennessee vacation results in drug charges

Fri, 13 Jan 2017 06:00:00 GMT

Various regions in Tennessee have become very popular tourist attractions in recent years. In fact, some people love it here so much, they take up full time residence. With so many people coming and going, it is not uncommon for incidents to occur that involve trouble with the law. If a vacation results in drug charges being filed, a visitor may wonder where to turn for help.

Any person charged with a drug crime is able to fight those charges in court. Of course, the average person with no background in criminal law may have no clue how to do that. This is why it's often best to seek immediate guidance from a criminal defense attorney. Not only does a skilled attorney possess the know-how, an experienced advocate has likely represented many others in situations very similar to yours.

[nap_names id="FIRM-NAME-1"] provides personalized service to anyone charged with a drug-related crime in Pigeon Forge, Gatlinburg or other regions throughout the state. Whether you are a permanent resident or were just passing through when the incident that led to charges against you occurred, we can help you explore all available options toward securing a positive outcome in court. Penalties under conviction of drug crimes obviously vary greatly according to several factors, including whether charges are categorized as misdemeanors or felonies.

By contacting [nap_names id="FIRM-NAME-1"] in Tennessee, you can seek clarification of the laws that govern both state and federal offenses. We are prepared to review the drug charges against you, and determine what type of defense strategy would most increase your chances of avoiding conviction and minimizing potential negative aspects your situation may have on your future. We offer a free initial consultation so you can discuss the details of your case in a private setting with no financial obligation.

Tennessee drunk driving laws changed

Wed, 04 Jan 2017 06:00:00 GMT

Having a drink or two then driving does not always constitute a criminal offense. In fact, there are many people accused of drunk driving who do not get convicted. One of the easiest ways to avoid such charges, of course, is to abstain from alcohol before driving. It's also a good idea to familiarize oneself with current Tennessee drunk driving laws.

As of the first of January, penalties for multiple intoxicated driving convictions increased. Prior to that date, state law categorized four or more DUI charges as a Class E felony. Sentencing under conviction could include one to six years behind bars.

The new law has listed multiple DUI charges as a Class D felony. If a person is charged for a sixth time, he or she faces anywhere from six to 12 years in prison if convicted. A District Attorney General in Sullivan County said the new law is meant to keep chronic drunk drivers off the road for longer stretches of time. Fines will also reportedly be levied against repeat offenders, and they will have to serve probation after being released from jail.

Most Tennessee motorists will obviously want to avoid such stiff penalties. If a motorist is pulled over in a traffic stop and charged with drunk driving, one of the first steps he or she can take in the hope of avoiding conviction is to request immediate guidance from a criminal defense lawyer. In fact, beyond answering questions regarding basic information such as name or address, a motorist has the right to request legal representation before discussing the situation any further.

Source: wcyb.com, "Tennessee harshens penalties for multiple DUI offenses", Olivia Bailey, Dec. 30, 2016

Young woman in Tennessee facing drunk driving charges

Tue, 27 Dec 2016 06:00:00 GMT

Anyone charged with operating a motor vehicle under the influence of alcohol in Tennessee is sure to face serious legal challenges in court. One teenager's situation was exacerbated by several additional factors. An alleged drunk driving incident occurred that resulted in her being booked at a county jail.

The 18-year-old was approached by a police officer who responded to a scene where an automobile that was stopped on the road was turned over on its roof. The officer claims the teenager was unsteady on her feet and smelled of alcohol. After she allegedly confirmed that she had been the driver of the car, the officer says she also responded affirmatively that she had consumed alcohol before driving.

After conducting field sobriety tests, the officer arrested the motorist. She was charged with driving under the influence of alcohol and failure to exercise appropriate care. The officer said he asked the woman if she were aware that the legal age to consume alcohol in this state is 21. He says she told him she was indeed aware of the law.

At some point, the officer also claims to have learned that her operator's license had been revoked at an earlier time. She is obviously faced with several defense challenges now because of the drunk driving charges, being underage and supposedly driving under a revoked license. Tennessee law allows anyone charged with such crimes to retain immediate assistance from an experienced criminal defense attorney to build as strong a defense as possible before proceeding to court. It is impossible to presume a particular outcome, but chances of obtaining positive results are usually increased when acting under skilled guidance.

Source: therogersvillereview.com, "Church Hill teen charged with Underage DUI in crash", Bill Jones, Dec. 20, 2016

Seeking guidance concerning juvenile crimes in Tennessee

Thu, 22 Dec 2016 06:00:00 GMT

Undoubtedly, no Tennessee parent wants to receive a phone call from law enforcement officers with news that a son or daughter is in trouble with the law. Many will, however; in fact, some teenagers may already be facing juvenile crimes charges in the midst of the holiday season. Often, such calls involve under-age college students charged with DUI or smoking marijuana.

If your child is arrested and charged with a crime, he or she is not the first juvenile to face such charges in court, and will surely not be the last. It is understandable you want to support your child and do whatever is possible to help minimize the long-term negative impact of the situation. Your child may be one among many whose momentary lapse in judgment has led to legal challenges.

Attorneys at [nap_names id="FIRM-NAME-1"] are equipped to address a wide range of juvenile offenses. Whether a teenager is arrested and charged with vandalism, theft, possession of drugs or underage drinking, we are prepared to provide as strong a defense as possible. Procedures in juvenile county courts are generally different from other courts; our attorneys are familiar with and experienced in navigating the juvenile justice system.

It is often possible to stay out of jail and avoid conviction when facing juvenile crimes charges in Tennessee. Most judges agree that alternative measures for rehabilitation should be employed over incarceration whenever appropriate. If you're a concerned parent whose holidays have been interrupted due to a son or daughter facing criminal charges, you may contact our office to request a consultation so we can begin helping your family get life back on track.

Man says drunk driving crash is not all that killed his father

Thu, 15 Dec 2016 06:00:00 GMT

Some time ago, a tragic incident occurred on the side of a road in Tennessee. It was a fatal accident that took the life of a 60-year-old man. Recently, that man's son spoke, sharing thoughts on how he feels about the woman facing criminal drunk driving charges in connection with his father's death and the possibility that she may go to prison.

The accident happened when the man had reportedly stopped to assist a motorcyclist who had been in a crash in June 2016. As he was helping the injured motorcyclist, another vehicle ran into him. He did not survive his injuries.

The woman behind the wheel of the car that struck the man was charged with two counts of driving under the influence of alcohol. She was also charged with several counts of vehicular homicide and aggravated vehicular homicide, reckless driving, and leaving the scene of an accident. The 55-year-old woman was recently indicted.

The son of the man who died said his own father struggled with alcohol addiction and had previously served time in prison for a fatal accident he apparently caused while driving drunk. He said he does not want the woman charged in his father's death to go to jail and he would rather charges be dropped. The outcome of the situation can certainly not be presumed, although this woman, like all others charged with drunk driving in Tennessee, is able to retain defense assistance to fight existing charges in court. Many times, a strong and aggressive defense is enough to help a defendant stay out of jail and avoid conviction.

Source: wtvm.com, "Son of DUI victim does not want driver to face jail time", Sasha Jones, Dec. 12, 2016

When virtual violence goes viral

Wed, 14 Dec 2016 06:00:00 GMT

Like any internet fad, participants can inject craziness into the craze by taking the trend too far. The "Mannequin Challenge" is the latest viral sensation where normally mobile people imitate mannequins in what seems to be a modern-day game of "Freeze Tag."

A recent challenge captured the attention of the internet community, specifically members of Alabama law enforcement.

The "still life" video filmed in Huntsville depicted a modern-day gunfight between 22 rural Alabama residents. A total of 19 pistols and shotguns were held stationary and pointed at targets who were equally and deliberately immobile.

All remained motionless to the strains of a soundtrack featuring rap music that replaced the standard "Black Beatles" by Rae Sremmurd.

How to lose a mannequin challenge

Curiosity over the video peaked with members of the Madison County Sheriff's office who wondered if those 19 guns had their proper licenses and permits. With the house caught on tape, police were able to identify the address and secured a search warrant for the property.

In the early morning hours of December 6, the sheriff's office and the City of Huntsville Police Department SWAT teams were joined by the ATF to execute the warrant. In the house, they found several of the weapons, multiple magazines, rounds of ammunition, and a tactical vest. Also discovered were several bags of marijuana packed for resale and related paraphernalia.

Both 49-year-old Kenneth Fennell White and 23-year-old Terry Brown were arrested on drugs and weapons crimes. More "mannequins" may face charges, including those who may be convicted felons. Police can only hope that they remain as still as they were.

The unique circumstances of any arrest require an experienced attorney customizing strategies in pursuit of the best possible outcome.

Source: The Washington Post, "22 heavily armed men post mannequin challenge on Facebook, much to delight of cops," Travis M. Andrews, Dec 7, 2016

Ho, ho, no: Handling traffic stops during the holidays

Thu, 08 Dec 2016 06:00:00 GMT

During the holiday season, most folks use vacation days to visit friends, family or entertainment venues. For those enjoying The Island, the ensuing gatherings can be full-filled. For those dealing with in-laws at get-togethers, the run-ins may be stressful. Whatever the vibe of the event, these feelings typically lessen during the car ride home as drivers take advantage of the ride home to decompress. For drivers who find speeding helps them to relax, getting pulled over for traveling at excess speeds will definitely wreck their ability to unwind. Law enforcement knows the season's revelry often leads to poor driving and institutes safety checks to reduce the chances of collisions.

If you are driving during the holiday season, please be aware that law enforcement will be stepping up its monitoring. The increased rates of accidents during days of celebration warrant a stronger police presence. According to the U.S. National Institute on Alcohol Abuse and Alcoholism (NIAAA), "40 percent of traffic-related deaths during Christmas and New Year's involve drunk drivers-a 12 percent increase over the rest of the month of December." Those driving throughout the season would do well to pay attention to their speeds, signals and stops.

Should you get pulled over by a police officer, these are the steps you should follow to ensure the conversation with the officer doesn't devolve:

1. Prepare for the discussion

When you see lights in your rearview mirror, you should locate a safe place to park your car. Side streets or wide shoulders are ideal because they remove both cars and the officer from harm's way. After turning off the ignition, you should keep your hands in plain sight so that the officer doesn't suspect you are reaching for a weapon.

2. Provide proper documentation

Typically, officers will ask to see a driver's license, the documentation for the vehicle and a current insurance card. Storing these last two documents in your glove compartment at all times will ensure that you can locate them on demand.

3. Maintain composure

Even if you are certain that you did not disobey any traffic laws, it's very important to remain calm and polite. Getting a speeding ticket is frustrating and expensive. Although a traffic citation may result in raised insurance rates, this option is preferable to others that occur when emotions escalate. If you feel that you have been treated unfairly, the time to call attention to an injustice is at the police station, not in your car.

Of course, there are requests the officer may make that you do not have to grant. Knowing your rights will ensure that your privacy is protected and that your civil liberties are not denied. You do not need to obey these orders:

1. Access to your cellphone

If an officer asks you for your cellphone, you are not required to hand it over. A ruling by the Supreme Court has made it illegal to search a cellphone without a warrant. Officers may inspect the physical components of the cellphone if they believe the phone can be used as a weapon, but they may not look through your phone contacts, text messages or pictures without your consent. If you give your phone to the officer, you are consenting to the search of the phone. Any information you have stored can be used against you.

2. Admission to your trunk

The same rule applies to the inspection of a car trunk. You may believe that complying with the officer's wishes will help your case; however, anything found in the trunk may also be used as evidence.

Of course, it can be hard to stay calm in what is often a stressful situation. If your mind is racing when you are pulled over for speeding, take a breath. Keeping your cool will help to clear your mind so that you can resolve the situation quickly.

Individuals who believe that they were not treated lawfully during a traffic stop are advised to seek the counsel of a knowledgeable attorney to determine the best course of action to take.

The State Of Tennessee’s DUI Penalties And Prevention Efforts

Mon, 05 Dec 2016 06:00:00 GMT

After an effort to crack down on drunk driving nationwide in the eighties, DUI accidents have been reduced by 57 percent from 1982 to 2014. Continuing efforts to address the source of the crime through sobriety and treatment courts have also helped improve road safety.

However, annual studies continue to show that there is a lot of work to be done. Recently, Wallethub compiled a list ranking states from the strictest to most lenient in their drunk driving laws. They based their findings on various factors that included fines, minimum jail time for first and second offenses, and automatic felony charges.

How Does Tennessee Rate With Their Drunk Driving Laws?

Based on Wallethub’s point system, Arizona’s top score of 84.09 percent earned them the distinction of having the most severe penalties in 2016. South Dakota earned the designation of most lenient with a point total of 18.64 over the past year.

Tennessee is more of a mixed bag. The state earned 46.36 percentage points and ranked 19 ^th of the states with the harshest drunk driving laws. While they earned 13 ^th in the criminal penalties category, the state’s prevention efforts ranked 36 ^th out of 50 states and the District of Columbia.

Mothers Against Drunk Driving (MADD) also praises Tennessee’s penalties , specifically all-offender ignition interlock laws and no-refusal enforcement. However, they continue to encourage state lawmakers to increase use of administrative license revocation (ALR) as a deterrent.

Regardless of the leniency or strictness of DUI laws in Tennessee, you still have rights that need protection following a drunk driving arrest. A criminal defense attorney is your best chance to legally minimize the consequences you face.

Source: WalletHub, Strictest And Most Lenient States On DUI , Alina Comoreanu, August 10, 2016

What to do if charged with a DUI while visiting Tennessee

Mon, 07 Nov 2016 06:00:00 GMT

Out-of-state DUIs are different than in-state

If you are charged with a DUI while in a state other than the one listed on your license, different rules apply. In a lot of cases, you can end up getting a double penalty: punishment from the state you're in, and also from your home state.

Out-of-state punishments can include fines, jail time, and the revocation of your right to drive in that state. However, another state cannot revoke your driver's license altogether. If your right to drive in Tennessee was revoked, you could still drive in your home state when you got back, or any other state besides Tennessee.

In addition to these out-of-state penalties, you could receive penalties from your own state as well. You could face more fines and jail time, and your license could be completely revoked. DUIs from out of state can also appear on your record, so if you have been charged with a DUI before, a new DUI charge from out of state could be listed on your record as a second, third, fourth, etc. offense and you could face the associated penalties from your state.

Out-of-state DUIs are different than in-state

Tennessee does not report you to your home state

Unlike most states, Tennessee is not part of the Driver's License Compact, which is an agreement between states to inform each other of driving violations by out-of-state visitors. This means that, if you were charged with a DUI in Tennessee but are licensed in a different state, Tennessee would not report the offense to your home state. However, you would still face the initial penalties.

Your home state could also still find out about the DUI charge and punish you accordingly, even though Tennessee will not directly report you.

Avoiding out-of-state DUIs

The simplest way to avoid this scenario is to not drink and drive. Even small amounts of alcohol impair your ability to drive well. If you are planning to drink, always have a sober ride planned. Either designate a driver who will not be drinking with you, or plan for other modes of transportation, such as a taxi.

If you decide to drive after drinking and are charged with a DUI, contact a Tennessee criminal defense attorney to ask what you should do next.