Should you talk to the police? You know were taught that the police are our friends, and they certainly are. They serve a valuable purpose, but when you're charged with a crime or you have the potential to be charged with a crime – perhaps you're a suspect, perhaps you're a witness, but likely you won't know which of the two you are – I would strongly recommend that you exercise your 5th amendment constitutional [...]
Many great movies have been made about criminal cases. Most are fictional, though some are based on true events. Movies about crimes are fascinating because there's always the suspense element of whether the person is guilty of the crime. There’s suspense around the abilities and skills of the lawyers who prosecute the case and defend their clients. While some crime movies are fun, the truly great ones raise moral and ethical questions about the criminal justice [...]
In sexual assault cases, the prosecution may try to argue a defendant’s alleged sexual assault of a victim is part of a pattern of assault of other sexual assault victims. Judges in these types of cases need to balance the right of the prosecution to prove its case with the defendant’s right to a fair trial. The admission of pattern of conduct testimony is very prejudicial to the defendant’s case because the focus of the case [...]
Tennessee’s domestic relations laws are complex, and clients who are seeking a divorce often have a lot of questions about what they should be doing. Today, Mandy Hancock addresses some of the more common questions clients ask. Do I need an attorney if my spouse has hired an attorney? If your spouse has hired an attorney in a domestic relations case, it's important for you to get an attorney as well. The reason is because [...]
Meth has come roaring back in the state of Tennessee. In 2019, the Tennessee Bureau of Investigation reported that meth outpaced marijuana as the most frequently filed drug in its crime laboratory. In 2020, the picture is the same. A significant 10% increase in methamphetamine abuse has occurred in the state between July of last year and June of this year, according to the Commissioner of the Tennessee Department of Mental Health and Substance Abuse Services, [...]
Kids don’t always show the best judgement. It’s why we have specific crimes and courts established to go a little lighter on younger members of our society who are still learning from their mistakes. The general idea is that they shouldn’t have to throw their lives away so early if they can turn things around and get back on the right track. Their minds are still developing and there are exceptions made for that fact. Some [...]
The criminal justice system in the United States utilizes two types of juries – trial juries and grand juries. Many people are familiar with trial juries, either through their own participation or from the depiction on popular TV programs. A grand jury and a trial jury consist of randomly selected U.S. citizens, given the great responsibility to hear and consider evidence and arrive at a binding legal decision. However, there are certain distinct differences between the [...]
What exactly is an arraignment? An arraignment is generally the first step in the criminal process. Sometimes you'll hear it referred to as an initial appearance. It is where you're brought before a neutral, detached magistrate and apprised of your Constitutional rights. That is the right to remain silent and the right to have counsel of your choice, and/or counsel appointed for you. When we talk about counsel, we're talking about folks like me, T. [...]
Going to trial in criminal cases Do I always have the right to have my case tried before a jury? Fortunately, in the United States, we have a process that affords rights to the criminal defendant. Those rights have been secured by the United States Constitution and ere in East Tennessee, by the Tennessee Constitution, which is basically the governing body of law for the state of Tennessee. Those inalienable rights give you the right [...]
So your 18-year-old son got a simple possession of marijuana charge. It's anything but simple. Marijuana in the state of Tennessee is illegal. We're not the "just say no" police; we're the reality folks that help you in this time of need. A marijuana charge has ramifications outside of the criminal system, including but not limited to an effect on an ability to get student loans, and to qualify for financial aid packages in the [...]
The state of Tennessee takes the crime of assault extremely seriously. An assault conviction can follow you for the rest of your life, with a criminal record that could prevent you from gainful employment, renting or buying a home, and other negative consequences. If you’ve been arrested for assault, it’s important to understand the charges against you. What are the different types of assault charges? Assault is a broad term; however, there is more than one [...]
When a person is acquitted of a crime, the “double jeopardy” rule prevents that person from being recharged with that same crime at a later time, even if new evidence is found. Double jeopardy, however, only applies to one specific jurisdiction. Even if a person is acquitted of a federal crime, they might still be charged with that same crime on the state level. Understanding the double jeopardy rule While the double jeopardy rule protects defendants [...]
How long does court last? Well, that's an open ended question because sometimes the court date is open ended. It normally starts at 9:00 AM, and sometimes you're done by noon; sometimes you may be required to be there all day. Usually there are a lot of cases on the docket and the courts attended to them in the manner that is most expedient. Your attorney should keep you apprised of it. We do our [...]
Another recent development in Tennessee law deals with the application of school zones to drug-related felonies. In these particular situations, the legislature has determined that when there is drug activity of a resale type variety – could be delivery, could be possession – within 1,000 feet of a school that it constitutes a drug free school zone violation. That means that the actual felony – let's say it's a schedule 2 cocaine case – is [...]
The requirement to register as a sex offender is an ignominious consequence of receiving a conviction on a sex offense in Tennessee. In the eyes of the public, it labels you as an individual not to be trusted, and particularly avoided in many cases. It also inhibits you from obtaining employment and living in certain areas. In addition, as a registered sex offender, your Tennessee driver’s license will also indicate such. The State of Tennessee has [...]
How you should behave in court is now something that we are regularly having to tell our clients. Those cellular devices that you have with you? Any type of mobile electronics need to be turned off. You don't need to be texting in court and you need to be paying attention to the proceedings. You don't want to be a distraction in any way, shape, manner or form – and just as a matter of [...]
It’s virtually automatic that lawyers in both criminal and civil cases will seek to examine your social media posts. Attorneys will ask to review your Facebook posts, your Twitter feeds, and any text that you’ve posted. It’s why many lawyers advise their clients to stay off social media as soon as their case begin. Clients should always be cautious, even if a case isn’t active, about what they say on social media. Online posting now includes [...]
On February 20, 2019, the Supreme Court of the United States voted unanimously “that the Constitution’s prohibition on excessive fines applies to state and local governments, limiting their abilities to impose fines and seize property.” In her decision, Justice Ginsberg wrote “For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history: Exorbitant tolls undermine other constitutional liberties. Excessive fines can be used, for example, to retaliate against or chill the speech [...]
In the movies, when someone’s honor is at stake in a public place, the two characters inevitably come to blows. A chair gets broken; someone is struck by a lamp. In the end, one man (or woman) is left standing, and then he or she leaves said space to accomplish whatever mission is up next. In real life, that’s not how it works at all. Assault is a broad term, but Tennessee law breaks it down [...]
One of the common urban myths deals with Miranda warnings. Do the police actually have to give you a Miranda warning before they arrest you? The long answer is yes, if they intend on questioning you. The short and succinct answer is no. They can actually arrest you, they can detain you, but before they talk to you, they need to give you a Miranda warning. The fact that they didn't give you a Miranda [...]
The Fifth Amendment to the U.S. Constitution provides many protections for defendants including the right not to “be compelled in any criminal case to be a witness against himself.” In the case of Miranda v. Arizona case, the United States Supreme Court added a further protection to this Fifth Amendment right. It ruled that any incriminating statements a suspect makes against his interests will not be admissible in court unless the suspect: Was told of his/her [...]
The U.S. Supreme Court gave privacy rights advocates a significant victory on June 22, 2018. According to the 5-to-4 decision, in which Chief Justice John Roberts joined the Court’s four liberal Justices, the police are now required to obtain a warrant in order to obtain cell phone location information as part of an investigation. The majority asserts Fourth Amendment protection reasons The five Justices voting in the majority argued that a distinct expectation of privacy in [...]
Probation and parole sound like they should be alike, but they are really two different criminal law ideas. Both place a high value on good behavior. Both terms address what is to be done with a defendant who has been convicted of a crime. They even start with the same letter. The two terms, though, are used at different phases of the criminal law proceedings. There are different legal issues in both probation and parole proceedings [...]
A lot of people have to take prescription drugs to help them combat their illnesses. These medications and other controlled substances are heavily regulated, and misusing, abusing, and/or counterfeiting prescription drugs and other drugs is against the law in the state of Tennessee (and the other 49 states). We think it’s important that you know the penalties and fines related to criminal drug charges for prescription drugs. It’s not that we think you’re dealing your own [...]
The media has been awash in stories of sexual misconduct perpetrated by men in positions of authority on vulnerable people in the entertainment industry, government, sports and other industries. After a few brave women stepped forward and reported the bad behavior of the men who had taken advantage of them, the proverbial floodgates seem to have opened and many women came forward to tell their stories. Women and men who had been sexually assaulted by men [...]
