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...]

Tennessee Criminal Attorney: Did you know? – Sports Bribery

In Tennessee, it is a Class A misdemeanor for an athlete, referee, coach or other ‘sports participant’ to bribe or to accept a bribe in exchange for the participant to not give their best efforts in a sports contest. The Tennessee law of ‘Sports Bribery” applies to all levels of athletics and is punishable by up to 11 months, 29 days in jail. Although there are no reported cases of Sports Bribery being prosecuted in Tennessee, recently eight people were charged with sports bribery in California where they also operated a sports betting business. They plead not-guilty on August 13, 2011 and … [Read more...]

NASHVILLE DUI ARRESTS INCREASE

Metro Nashville police recently released a statement indicating they have been provided additional funding through the Governor’s Highway Safety Office which has allowed them to use extra duty police officers to target individuals suspected of driving under the influence. The department reports that the extra duty police officers have arrested over 400 people this year charged with DUI in Nashville. The Metro Nashville DUI Unit has arrested 689 people charged with DUI. It is expected that the officers will continue targeting DUI arrests in high crime areas as well as areas known for DUI … [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: 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 DUI Attorney Explains: New DUI Law for 2012 in Tennessee

The current Tennessee DUI law provides that a police officer may request that a person who is suspected of drinking and driving submit to either a breath or blood test to determine their BAC (Blood-Alcohol Concentration). If the individual elects not to submit to the BAC test they have violated the Tennessee implied consent law and will lose their license for a period of one year. On May 20, 2011, the Tennessee legislature passed an amendment to the current DUI law in Tennessee. The new DUI law in Tennessee provides that anyone who has a prior DUI conviction, vehicular homicide due to … [Read more...]

9 Reasons to Hire a Criminal Attorney Even for a Misdemeanor Charge

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...]

Nashville Criminal Lawyers Explain: The ONLY way to BEAT a DUI in Tennessee

Often, I’ll see other DUI attorneys offer advice as to how to ‘beat a DUI’. If you look closely at the suggestions, they aren’t actually offering advice on beating a DUI. They are 1.) Offering standard tips which are common sense if you’ve been drinking (or arrested), or they 2.) Consist of reasons DUI charges are often reduced or dismissed. The latter consist of things entirely out of your control, such as whether the officer followed proper procedures in administering sobriety tests and breathalyzer. It is typically good advice, but don’t buy into the thought that there is any fool proof way … [Read more...]

Nashville Criminal Lawyers Provides Discount for Active Military

For our soldiers stationed at Fort Campbell, or any other active military we now offer a 25% discount off for our services. Don’t let drinking and celebrating a night out in Nashville ruin your military career. If you find yourself in trouble, contact our Nashville DUI lawyers immediately. Communications always remain confidential and we will make every effort to resolve the situation as swiftly and favorably as possible. We also offer free consultations for criminal cases, DUI cases, personal injury, and domestic cases. Call us today with any questions at (615) 829 - 8259. It’s the … [Read more...]

Nashville DUI Lawyer’s Random Fact

The ‘breathalyzer’ is actually the brand name of the breath analyzer products originally developed and sold by…Smith and Wesson…the largest manufacturer of handguns in the United States.   … [Read more...]

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