Nashville Criminal Defense Blog

Bond and post-conviction matters: often central to criminal defense

Both real-life and fictional (read television shows and movies) portrayals focused upon criminal defense matters often center on court room scenes, with accompanying emphasis on the complexities and drama that sometimes unfold in select cases involving defendants.

And while such a spotlight certainly spells a valid and quite central theme in many criminal law matters, trials alone should not be routinely overemphasized; in fact, most criminal cases never reach a point where litigation ensues before a jury and under the watchful eye of a judge.

Things to know when facing assault charges in Tennessee

If you think back to the incident that led to your arrest, there may be various things you wish you would have done or said differently. You may even regret some of the choices you made that day, such as allowing yourself to be drawn into the altercation that took place. Regardless of the details of your particular situation, if it landed you behind bars in a Tennessee jail, things may get a whole lot worse before they get better.

If a police officer charged you with assault, you'll definitely have your work cut out for you to avoid conviction. This is because it's often difficult to combat various tactics and strategies employed by prosecutors in such situations. For instance, you may assert that you were merely defending yourself when a particular disruption took place; however, if the prosecution convinces the court otherwise, the outcome may not be in your favor.

Will 'textalyzers' soon be used in traffic stops?

Distracted driving in Tennessee is still a problem even with a state law that bans the practice of texting and driving. It appears that many motorists believe that police officers won’t stop and cite them for breaking anti-texting rules. Also, a “texting” ticket does not put points on one’s driving record.

To eliminate questions about whether someone was actually texting and driving, researchers are developing what is called a “textalyzer.” The name is derived in part from the device that measures a driver’s blood alcohol content when he or she blows into it. Similarly, the textalyzer could analyze a phone’s usage at a particular time to determine if a driver was checking email, texting or using social media apps while behind the wheel.

Drunk driving charges can be defended

When the topic of drunk driving comes up, most people think the worst. They assume that the accused person is guilty before they even hear the particular circumstances involved in the case. Even though this flies in the face of "innocent until proven guilty," it is understandable in a way. Portrayals of drunk drivers have made it so that the public at large has nothing but disdain for them, even though extenuating circumstances could be involved in a DUI case.

Here are just a few example of potential DUI defenses that could be utilized to successfully help someone accused of driving under the influence of alcohol:

1,000-plus agents involved in major health care fraud sting

We stated in our immediately preceding blog post that, "In recent years, and with progressively growing momentum, media outlets are emphasizing white collar crime."

W also emphasized in our July 14 post entry that criminal investigators -- in both the federal and state realms -- "are devoting substantial amounts of time, energy and money to the task of identifying and making notable examples of criminal defendants in such cases."

White collar fraud allegations: truly, front-page stuff these days

When was the last time you picked up a newspaper (for those of you who even do that anymore in our digital world) and noticed a white collar crime-related tale buried on an inside page?

Truly, it was likely the case that, if you chanced on a media report regarding an alleged embezzlement, questionable Medicare billing or some other fraud-based behavior, it was the top of page 1 you were looking at.

Polarizing police program both lauded, condemned in Knox County

One prominent advocate of a law enforcement program that targets illegal immigrants lauds its alleged upsides, which he says include the positive results it will bring by lessening overcrowded jails and reducing outlays that local governments spend in crime-fighting efforts.

A spokesperson for a Tennessee immigrant and refugee rights groups views it as something else altogether, calling it a "disastrous program" that will erode the public's trust in law enforcement and instill even greater fear in a demographic that already feels under siege.

What penalties could you face for DUI in Tennessee

If you made a mistake and got behind the wheel of your car after drinking, you may face charges for drunk driving. A conviction could jeopardize job opportunities, college admission and college scholarships. Of course, you could also face criminal penalties.

Here in Tennessee, a breath test indicating a blood alcohol concentration of .08 or higher could land you in jail on suspicion of driving under the influence. A DUI conviction comes with numerous penalties that depend on how many prior convictions you have for this offense. Those penalties can increase if your BAC is .20 or higher. Laws regarding underage drinkers differ, but the information on potential penalties given below focuses on individuals age 21 or older.

TN judge points to effective, underutilized drug-fighting tool

Tennessee state court judge Seth Norman says that he "will continue to see the consequences" of a raging drug problem in Tennessee and nationally so long as misguided criminal law policies are routinely applied wholesale in drug-crime cases.

And that is truly tragic, he contends, given that a proven and far more effective sentencing alternative is readily available to prison incarceration for many defendants.

High-profile spotlight: U.S. Supreme Court to look at phone tracking

Allegedly, an individual targeted by police participated with a group in a string of robberies in multiple locales. In searching for an optimal way to link that person with the crimes, law enforcers seized upon the idea of tracking his movements over time through signals sent out from his mobile phone to cellphone towers.

Mission accomplished.

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