Governor Bill Haslam has signed into law legislation which broadens Tennessee’s criminal law to include the sharing of subscription based entertainment services, such as Netflix. The bill was pushed primarily to curb music piracy however is broad enough to include all subscription based entertainment services. Theft of Services in Tennessee is defined as follows: (1) Intentionally obtains services by any means to avoid payment for the services; (2) Having control over the disposition of services to others, knowingly diverts those services to the person's own benefit or to the … [Read more...]
Tennessee law previously required that the execution of search warrants by police officers follow a certain set of simple yet strict rules. If those rules were not followed precisely, it could result in the implementation of what is known to Nashville criminal defense attorneys as the exclusionary rule. The exclusionary rule provides that any evidence which is obtained in violation of an individual’s constitutional rights is subject to being suppressed entirely and not available to prosecutors for use at a criminal trial. A new law in Tennessee, which will go into effect July 1, 2011, will … [Read more...]
Even to non-lawyers, DUI checkpoints appear to be a blatant violation of our 4th Amendment rights. It is a stop without probable cause, so why is it permitted? How is it not a violation of our constitutional rights? The reality is that it IS a violation of the 4th Amendment, but some violations are permitted under the appropriate circumstances. Here’s why… The facts surrounding the case that answered this question began in the mid 1980’s in Michigan. The State police set up a check-point. Citizens filed suit (Michigan v. Sitz) seeking an order precluding the state police from using … [Read more...]
Both the United States and the State of Tennessee’s Constitution guarantees defendants in a criminal case certain rights which are critical to the defense of your case. 1. Right against Self Incrimination. It’s the ‘right to remain silent’ of Miranda. It’s also your right to testify, or to not testify at trial. Because of this right it can’t be held against you if you choose not to testify. 2. Right to a Criminal Attorney. Whether you can, or can’t afford one, you are entitled to a criminal defense attorney to assist in the defense of your criminal case. 3. Right to Call … [Read more...]
The ‘But, it’s just a misdemeanor’ demeanor, implying that the charges are not that serious and the punishments not that severe are typically incorrect. Aside from potential jail time, any criminal conviction can greatly impact your life. You need to be informed and understand the impact of the decision you make regarding your criminal case. Hiring a criminal attorney might be the best ‘career’ move you ever made. Consider this: 1. A criminal conviction will substantially decrease your likelihood of getting a job; 2. Fines assessed without any consideration as to your … [Read more...]
I consider myself somewhat of an amateur collector of knives. (Big fan of Gerber knives – they’re reasonably priced and great knives). Although I enjoy hunting, fishing, camping and other outdoor activities, I buy knives not because I need them for any particular purpose (I already own too many) but just because I like them. Most people are aware there are laws addressing certain types of knives and other weapons, but most don’t know specifically what the law is in Tennessee. With regards to knives, here’s your answer: Switchblade (automatic) knives – Illegal in Tennessee, unless … [Read more...]
Nashville Criminal Lawyers Explain Self Defense in Tennessee: When can I use Deadly Force for Protection?
A fundamental tenant of responsible gun ownership is knowing under what circumstances the use of deadly force is permitted. This Nashville criminal lawyer blog article is intended to educate citizens in Tennessee of their rights generally as to self-defense however is not intended as legal advice (as every case is different). We will first discuss “When” and then, more importantly, “Where” you can use deadly force. When may I use Deadly Force? (Deadly Force being defined by Tennessee law as “force intended or likely to cause death or serious bodily injury.”) The use of … [Read more...]