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 ability to … [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 for … [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 deadly force is … [Read more...]
In 1987 in response to an increase in drug activity, then Governor Ned Ray McWherter initiated the Drug Free Tennessee program which resulted in a variety of programs designed to address a growing drug and alcohol problem not only in Nashville and the major cities, but throughout rural Tennessee as well. As a result, the Tennessee Drug Control Act was passed into law. Specific drugs are placed into categories representing their potential for abuse. Schedule I drugs present the greatest likelihood of abuse while Schedule VII represent the least likelihood of abuse and all classified drugs are … [Read more...]
Most people are familiar with a statute of limitations on civil cases, but it largely goes unnoticed with criminal cases. With the advance of forensics, many ‘Cold Cases’ are provided a new breath of life and receive quite a bit of media attention. People often do not realize there are limitations to when a crime can be prosecuted and with some exceptions, there are limitations to the prosecution of most crimes in the State of Tennessee. Our Nashville Criminal Lawyers have provided a brief, simplified explanation of the limitations. If you have been charged with any misdemeanor in Tennessee … [Read more...]
Recently, I had a client who was facing criminal charges in Nashville. It was a felony drug case and he faced a relatively lengthy sentence. He asked me why a friend of his who had been charged with the same offense had received a different plea offer from the Nashville District Attorney. It’s a common question, but explaining why the plea offers were different is impossible without knowing all of the circumstances surrounding the other case. The length of a criminal sentence in Tennessee depends on a number of factors and knowing the criminal charge or charges is only one part of the equation … [Read more...]
“Actus non facit reum nisi mens sit rea” is a latin phrase which translated means "the act does not make a person guilty unless the mind be also guilty". In other words, to be guilty of a crime there must be some level of mental culpability (ie: intentional, reckless, negligent). An individual’s action is referred to as the ‘actus rea’ and the mental state of the actor referred to as the ‘mens rea’. You cannot be found guilty of a crime unless the requisite mental culpability has been established. There are some exceptions for strict liability acts, but we’ll discuss that at another time. This … [Read more...]
1. A Lawyer who has Experience Defending Criminal Cases and DUI’s in Nashville. The law may be the same, but each court will be different with its procedures, likes and dislikes. No amount of education can substitute for experience. The best criminal defense or DUI lawyers will be familiar with the procedures of each court and know the judges and prosecutors tendencies to do things in a particular manner. With a former Metropolitan – Nashville and Davidson County prosecuting attorney on staff, our Nashville criminal and DUI defense lawyers have years of experience handling thousands of … [Read more...]
What is the Fourth Amendment? The 4th Amendment to the United States Constitution provides: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” What protections does it provide? The Fourth Amendment of the United States Constitution provides all citizens the right to be free from unreasonable searches … [Read more...]
Nashville Criminal Attorney Explains: What is the difference in Tennessee between burglary, robbery and theft?
Robbery in Tennessee. Most people recognize these terms as being some form of theft with each involving some degree of violence or force. You may be surprised to learn a few distinctions between the Tennessee crimes. As defined by Tennessee law, Robbery is the intentional or knowing theft of property from the person of another by violence or putting the person in fear. For example, the use of a threat placing the victim in fear while committing the crime of theft would be an example of a person committing the crime of robbery. The same criminal using a gun or a knife would be considered … [Read more...]