Posted on November 07, 2019 in Drug Crimes

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

Tennessee Drug Schedules

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

Continue Reading ››

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

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

How Much Alcohol Is Considered Illegal?

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

Continue Reading ››

 Posted on October 07, 2019 in Criminal Defense

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

What Is "Sexting"?

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

Continue Reading ››

 Posted on September 23, 2019 in Criminal Defense

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

What Is the New Law?

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

Continue Reading ››

 Posted on September 09, 2019 in Traffic Violations

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

What Is the “Point System?”

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

Continue Reading ››

 Posted on August 16, 2019 in Criminal Defense

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

What Is Burglary?

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

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

  Continue Reading ››

 Posted on July 15, 2019 in Asset Forfeiture

If someone commits a crime and is convicted of that crime, he or she will face legal consequences. Depending on the severity of the offense, the penalties can consist of large fines or prison time. Law enforcement also utilizes another consequence known as property seizure or asset forfeiture. Property or assets can include vehicles, money, real estate property, and other miscellaneous items. There are various situations that warrant asset forfeiture, and the process is more complicated than simply taking an item from someone.

Why Is Property Seized?

The purpose of property seizure is to take away assets that were obtained through illegal means. This allows law enforcement to remove the proceeds of alleged criminals’ unlawful enterprises, and the seized assets are often used to help fund law enforcement’s future efforts. According to Tennessee legislation, property can be seized if someone is suspected of possessing narcotics (prescription or illegal). Vehicles may also be seized if someone is charged with various driving offenses, including driving on a license that has been revoked for driving under the influence (DUI) and for a second or subsequent DUI offense that occurred within a five-year period

Continue Reading ››

 Posted on July 09, 2019 in Criminal Defense

With over 75 four-year colleges and universities in the state, Tennessee has thousands of college students. It is very common for students to test their limits, since they are experiencing their first taste of freedom from the rules and discipline of their parents. Crimes committed while in college can be accidental if students are not from the state in which their university is located and are unfamiliar with the state’s laws. For instance, a young adult from Colorado who smokes marijuana may not realize that all forms of cannabis intake are illegal in Tennessee. Students can avoid accidentally making a costly mistake by familiarizing themselves with the laws of the state in which their college is located.

Criminal Charges for College Students

There are some crimes that college students tend to be accused of, no matter the state in which their school is located. Some common crimes that college students may be charged with include:

Continue Reading ››

 Posted on June 11, 2019 in Criminal Defense

Stalking has taken on a variety of forms, especially with the emergence of social media. Stalking used to be just physical, but now it can take on digital forms as well. While you may have seen versions of stalking on television and in the movies, these are usually not an accurate depiction of the reality of stalking. The act of stalking can be as dramatic as the TV shows, but it is typically more reserved and secretive. The state of Tennessee describes three levels of stalking to omit any discrepancies that may exist.

Definition of Stalking

According to Tennessee law, stalking is defined as “a willful course of conduct involving repeated or continued harassment of another individual that would cause and actually did cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.” This definition is long and detailed to recognize all possible offenses. The act is a Class A misdemeanor for first-time offenders but becomes a Class E felony if the stalker is registered as a sexual offender at the time of the incident. Class A misdemeanors may require less than a year in jail or a fine of up to $2,500. Class E felonies can result in one to six years in prison in addition to a fine of up to $3,000.

Continue Reading ››

 Posted on May 31, 2019 in White Collar Crimes

Identity theft continues to be an issue for many people even with security measures in place. This kind of theft can range from a few fraudulent charges on a stolen credit card or a total theft of identity by pretending to be someone who they are not. There are two different types of identity theft, financial and criminal. Both, obviously, are illegal, and a perpetrator can end up facing criminal charges. If you are charged with any type of identity theft, it is important to speak to a knowledgeable attorney to understand your options for defense.

What Is Identity Theft?

Identity theft occurs when a person gains access to someone else’s financial information and uses credit card, bank account, and/or personal identification numbers to make purchases. The records could be stolen through a variety of means, such as hacking into a financial institution’s computer system, using a device called a skimmer at a gas pump, or digging through a person’s trash to find statements and other personal information. Many credit card companies and banks have fraud alerts that may catch unusual activity on their customers’ accounts.

Continue Reading ››