11 Legal Situations Which Could Affect Your TN Carry Permit

Much like a drivers license, a handgun carry permit in Tennessee is not a right, but a privilege which can be taken away, or not granted at all, to individuals in certain situations. The following list are a few situations which individuals should be aware of when resolving a criminal case in Tennessee and how that cases resolution could affect their ability to either obtain a carry permit, or could result in the suspension or revocation of their carry permit in Tennessee. Please note that this list is not all inclusive, but does address most of the situations which could affect a person … [Read more...]

What happens when I go to court in Tennessee?

For those who have been arrested or received criminal citations for the first time, going to court can be a scary thought. Simply not knowing what will happen or understanding how the courts work will cause you stress. What happens after I am arrested/receive a citation for a criminal offense in Tennessee? After receiving a citation or being arrested for a criminal offense, you will be booked. When booked, the arresting agency will gather information about you, including your birthdate, home address and will take you photographs and fingerprints. If you are arrested, the booking process … [Read more...]

Scientists and legal scholars study ‘moral luck’

What can the structure of the human brain teach us about criminal law? Psychologist Fiery Cushman asks us to consider the following. Hal and Peter drink together in a bar. After becoming intoxicated from consuming identical amounts of alcohol, they drive separate cars home. Each man loses control of their car on an icy road. Hal’s car runs into a tree. Peter’s car hits a little girl and kills her. Hal will face some driving-related sanctions. Peter, on the other hand, has committed a homicide and will probably serve some time in prison. Why should two accidental outcomes of identical … [Read more...]

Technology and its impact on the Fourth Amendment

By Timothy P. O'Neill Let's set the Wayback Machine to 1983. You are in a law school classroom and are discussing a brand new U.S. Supreme Court case, U.S. v. Knotts, 460 U.S. 276 (1983). The professor says, "This case holds that police use of a beeper to track a suspect's car to a drug lab is not a search under the Fourth Amendment. In order for police activity to constitute a search, it must intrude on the person's reasonable expectation of privacy. Here the car was always on public streets; theoretically, any person could have viewed the suspect's movements. Use of the beeper only aided … [Read more...]

Court takes on Fourth Amendment exclusionary rule

September 9, 2011 By  Timothy P. O'Neill Timothy P. O'Neill is a professor at The John Marshall Law School. He was a finalist for the 2010 "Peter Lisagor Award" for Exemplary Journalism in the area of Commentary. Let's talk about "The Biggest Loser." No, not the TV show. I want to talk about what Linda Greenhouse referred to as "The Biggest Loser" of the 2010 term of the U.S. Supreme Court: the Fourth Amendment. From a defense perspective, the result was scorched earth. For openers, the government won all three Fourth Amendment cases. Justice Samuel Alito wrote two of the majority … [Read more...]

How a Tennessean Helped Shape the Casey Anthony Trial

A forensic scientist in East Tennessee provided the prosecutors in the Casey Anthony trial key evidence which gave some indication as to how Caylee Anthony died and assisted the prosecutors in attempting to establish pre-meditation, even if ultimately unsuccessful. Dr. Arpad Vass and a group of scientists at Oak Ridge National Laboratory in East Tennessee were provided with air samples from the trunk of a car where prosecutors contended Casey stored Caylee’s body following her death. Dr. Vass analyzed the air samples using a technique intended to identify body vapors which are typical of … [Read more...]

Nashville Criminal Attorneys Explain Vehicular Homicide

The criminal offense of vehicular homicide often ends tragically for everyone involved, included the person allegedly responsible for the death. With a victim’s family often heavily interested in the prosecution, the pressure is on the prosecutor to provide a swift and harsh punishment. It is important that the person charged understand all available options, including fighting the criminal charge at trial. Our Nashville criminal attorneys offer free case consultations for all vehicular homicide cases. What is Vehicular Homicide in Tennessee? Vehicular homicide is the reckless killing of … [Read more...]

Nashville Criminal Attorneys Explain Extortion in Tennessee

What is extortion? The criminal offense of extortion is committed when a person uses coercion on another person with the intent to obtain property, services, any advantage or immunity OR to restrict unlawfully another’s freedom of action. Often this criminal offense is associated with organized crime. What defenses are available? There are two affirmative defenses specifically provided for the crime of extortion. Repayment for harm done and compensation for property or lawful services. Both situations are scenarios where the person who was allegedly coerced, actually owed the … [Read more...]

Nashville Criminal Attorneys Explain: Entrapment in Tennessee

Entrapment is now a valid defense in Tennessee, based on the premise that “public policy demands a purity of government and its processes which does not exist when law enforcement, in effect, manufactures the crime and the criminal as opposed to preventing the crime and apprehending the criminal.” (See State v. Jones, 598 S.W.2d at 216; State v. Shropshire, 874 S.W.2d at 638.) The defense of entrapment did not exist in Tennessee until the 1980 Tennessee Supreme Court Decision in State v. Jones.  In 1989 the Legislature set out the defense of Entrapment in Tenn. Code Ann. § 39-11-505 as … [Read more...]

Nashville Criminal Attorney Explains: Theft in Tennessee Now Includes Netflix Password Sharing

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 benefit … [Read more...]

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