Criminal Citation at Bonnaroo?

Generally, appearance is required for all citations received at Bonnaroo. There are however some criminal citations which may be able to be resolved without a court appearance. Contact our office to discuss your situation. What do I need to do to resolve this favorably? Contact a Tennessee criminal defense lawyer to discuss the nature of the charge. The most commonly cited offense at Bonnaroo, by far, is simple possession. There are ways of ensuring this stays off of your permanent criminal record, but you will need the assistance of a Tennessee attorney. Am I facing jail … [Read more...]

LEO Misunderstanding of the Law Justifies Stop

The U.S. Supreme Court in an 8-1 decision ruled last December that it’s possible for a police officer to stop a motorist based on a mistaken understanding of the law without violating that motorist's Fourth Amendment rights.  The case arose from a traffic stop in North Carolina based on a broken brake light. But state law there required only a single working “stop lamp,” which the car in question had. In writing for the Court, Chief Justice John Roberts stated the following:  In this case, an officer stopped a vehicle because one of its two brake lights was out, but a court later … [Read more...]

Dismissed – Now to expunge.

Having a case dismissed is only one part of the process of clearing someone’s arrest record. In Tennessee, once a case has been dismissed it is then eligible to be expunged from your record. Expunging a record removes the existence of the case altogether from your criminal history. It’s the difference between a record which reflects someone who has never been arrested, and someone who was once charged with a crime but later the charge was dismissed. For example, if you are charged with a felony drug offense and the prosecutor decides later to dismiss the case; anyone who runs your … [Read more...]

Appellate Court Affirms Trial Court Throwing Out Drugs Found From Warrantless Search

In Tennessee, as well as any other state around the country, it's  common knowledge that law enforcement has the authority to stop a motorist for a traffic violation. Subsequent to a stop, some motorists may find themselves temporarily detained by a police officer during a traffic violation stop for reasons of reasonable suspicion or probable cause. The issue then becomes how long can an officer detain a motorist and what kinds of questions can be asked beyond the scope of the initial reason for the stop before a person's Fourth Amendment rights as well as Article I, Section 7 of the Tennessee … [Read more...]

What You Need To Know About Driving Under The Influence Of Prescription Drugs In Tennessee

In Tennessee, impaired driving is not only limited to driving under the influence of alcohol, driving while under the influence some prescription medications or a combination of prescription drugs and alcohol can all lead to a Tennessee DUI charge. The Substance Abuse and Mental Health Science Administration, a federal agency tasked with reducing the impact of substance abuse in America, released findings revealing that approximately 10 million Americans drive while under the influence of prescription drugs. This survey fleshes out the notion that a significant number of people don't … [Read more...]

Stingray Surveillance Devices Used To Effect Arrest May Be Violating The Fourth Amendment

Stingrays, also known as cell tower simulators or "IMSI catchers," are invasive cell phone surveillance devices that mimic cell phone towers and send out signals to trick cell phones in the area into transmitting their locations and identifying information no matter if the phone is turned on or off. When used to track a suspect's cell phone, they also gather information about the phones of countless bystanders who happen to be nearby. The ACLU states that law enforcement all over the country possess Stingrays, though those agencies that use them and their use in general is shrouded in … [Read more...]

Supreme Court Rules Cops Need A Warrant To Search Your Cell Phone

The United States Supreme Court this past summer, June 2014,  ruled unanimously in favor of privacy rights protected by the Constitution by declaring the police can't search an arrested person's cell phone without obtaining a search warrant.  Police may still have the ability to search a cellphone or smartphone for further evidence of a crime, however they need to take an extra step of acquiring a search warrant from a judge. The cases the Court reviewed first involved a smartphone search in Riley v . California where, without a warrant, police searched digital information seized from an … [Read more...]

When Are DUI Test Results Inadmissible?

In 1992, the Tennessee Supreme Court ruled in State v. Sensing that six elements must be proved before the admission of a breath alcohol test if a person is suspected of driving under the influence of alcohol. One of those requirements is that the State prove that the motorist was observed by the investigating police officer for twenty minutes prior to the test. During the twenty-minute period, the motorist suspected of DUI must not have any foreign matter in his or her mouth, must not consume any alcoholic beverage, must not smoke and must not belch, burp, hiccup or regurgitate. Generally, … [Read more...]

Penalties for Possession of Drug Paraphernalia in Tennessee

Although the law is arguably ambiguous in its application, Tennessee Code Annotated 39-17-425 makes it illegal for any person to have or be in control of  drug paraphernalia that can used for the consumption of a controlled substance. Drugs do not necessarily need to be present in order for a person to receive a paraphernalia conviction under Tennessee laws. Possession of drug paraphernalia is a serious charge because it is considered a drug related offense and therefore treated as such. A person may be convicted of the crime of possession of drug paraphernalia if the prosecution proves that … [Read more...]

Tips On Avoiding A DUI During The Holiday Season

There aren't many things that would put more of a damper on the holiday season than getting arrested for DUI. It's important that we remind ourselves  to plan ahead before attending events where alcohol will be served. The following are a few helpful tips to help you avoid a holiday DUI Get a designated driver. The best option is to always choose a designated driver that is not going to drink any alcohol. If you are attending the event with your spouse or roommate a sober driver should be no problem. However, if that’s not an option, you can always think about carpooling with some … [Read more...]

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