Law Offices of Thomas T. OvertonFindLaw IM Template2024-03-08T22:46:31Zhttps://www.thomasovertonlegal.com/feed/atom/WordPressOn Behalf of Law Offices of Thomas T. Overtonhttps://www.thomasovertonlegal.com/?p=606492024-03-08T22:46:31Z2024-03-08T22:46:31ZHow does law enforcement investigate identity theft?
Law enforcement agencies employ various techniques when investigating identity theft. They often start by tracing the digital footprint left behind, such as IP addresses, email accounts and online transactions. Investigators can subpoena records from internet service providers, social media platforms and financial institutions to gather evidence and link the actions to a specific individual.
They also analyze patterns and similarities between cases to identify repeat instances. In some cases, law enforcement may set up sting operations or use undercover agents to catch individuals in the act. Collaboration with other agencies, such as the Federal Trade Commission and the Internal Revenue Service, helps pool resources and share information to resolve investigations more effectively.
The consequences of identity theft convictions
If you are facing identity theft charges, you need to know the potential consequences. Penalties for conviction include:
Substantial fines
Restitution
Lengthy prison time
Criminal record
These consequences can have a long-lasting impact on your life, affecting your ability to secure employment, housing and financial assistance.
The importance of legal representation
When facing identity theft charges, you should work with someone who understands the complexities of these cases. An experienced professional can help you navigate the legal system, protect your rights and build a strong defense strategy. With their guidance, you can make informed decisions and work towards the best possible outcome for your case.
Law enforcement agencies take identity theft cases seriously, particularly with the increasing prevalence. Understand the risks you face and take the steps necessary to protect your interests and fight the charges.]]>On Behalf of Law Offices of Thomas T. Overtonhttps://www.thomasovertonlegal.com/?p=606462024-01-05T21:04:23Z2024-01-05T21:04:23ZDUI causing injury
If a DUI results in injury to another person, the consequences will be more severe than if police officers arrest you during a routine stop. Offenders may face criminal charges, including felony charges in some jurisdictions. Felony convictions carry harsher penalties compared to misdemeanors.
In addition to fines and mandatory alcohol education programs, individuals convicted of DUI causing injury may receive a lengthy prison sentence. The exact length of imprisonment varies depending on the severity of the injuries and the offender's previous criminal record.
DUI causing death
The gravest consequence of a DUI is when it leads to the death of another person. In such cases, legal consequences become even more severe. Offenders can receive a charge of vehicular manslaughter or homicide. This may lead to harsh sentencing, often culminating in life in prison.
Ignition interlock devices
Some jurisdictions require DUI offenders, especially those involved in injury or death cases, to install ignition interlock devices in their vehicles. These devices require the driver to pass a breathalyzer test before starting the vehicle. This measure aims to prevent individuals from driving under the influence again.
Restitution to victims
In cases involving injuries or fatalities, the court may order the DUI offender to pay restitution to the victims or their families. This financial compensation will cover medical expenses, funeral costs and other damages resulting from the incident.
Statistics indicate that an average of 37 people per day die in drunk-driving crashes. While getting behind the wheel after a few drinks might be a seemingly minor lapse in judgment, it can lead to devastating outcomes with life-changing consequences.]]>On Behalf of Law Offices of Thomas T. Overtonhttps://www.thomasovertonlegal.com/?p=606442023-11-14T02:29:46Z2023-11-14T02:29:46ZInterrogation techniques
Violent crime increased by 4.7%, with more than 100 homicides, in Nashville, TN in 2022. To find those responsible for these and other crimes, police officers receive training on various interrogation techniques to extract information from suspects and those associated with them. These techniques may involve psychological pressure, strategic questioning and even deception.
Deceptive tactics
While deception is a tool in the police toolkit, officers have limits in what they can do. Generally, police cannot lie about evidence, make false promises of leniency or provide misleading information that could lead to a false confession.
Balancing truth and deception
The legal system recognizes that police officers need some flexibility in their methods to effectively complete their duties. However, they do not have unrestricted power. The line between permissible deception and misconduct is thin and subject to scrutiny.
Your rights
As an individual caught in the web of a drug investigation, understanding your rights is important. While police officers may use deceptive tactics, you have the right to remain silent and the right to legal representation. Learn about these rights and exercise them appropriately.
For the best results, exercise your right to remain silent and have representation and learn about law enforcement interrogation processes if police approach you for questioning.]]>On Behalf of Law Offices of Thomas T. Overtonhttps://www.thomasovertonlegal.com/?p=606332023-09-11T15:41:11Z2023-09-11T15:40:38ZSales and registration database
Federal firearm laws require sellers to keep records of firearm sales and transmit them to the state police or other regulatory authorities for long-term recordkeeping. Some states keep long-term records of long-gun sales as well as handguns. While these databases are not intended as records of ownership, they do identify the individual who purchased the firearm.
Additionally, many states require firearm registration with local authorities. Law enforcement can search the firearm sales and registration records to identify any weapons purchased by or registered to an individual.
Serial numbers
Any firearm manufactured legally has a serial number imprinted on the body. This serial number is a unique identifier that police can use to track the ownership or purchase history of a specific weapon.
When a firearm is missing the serial number, it raises concerns about the weapon’s legality. Altering or eliminating serial numbers on a firearm can lead to significant legal charges and strict penalties.
Individual status
Sometimes individuals cannot legally own a firearm. Certain situations can lead to firearm ownership prohibitions, including:
Felony convictions
Domestic violence
Restraining orders
Severe mental health issues
Police can verify legal ownership eligibility to ensure that a firearm’s ownership is valid and legal.
Pew Research reports that more than 40% of adults in America have a firearm in their household. If you or anyone in your home owns a firearm, keep any records that verify the weapon’s legal status.]]>On Behalf of Law Offices of Thomas T. Overtonhttps://www.thomasovertonlegal.com/?p=606302023-07-06T20:26:04Z2023-07-07T20:25:44Zcircumstances aggravating factors.
Weapons
If the crime is a physical one, the use or possession of a deadly weapon can be an aggravating factor. A deadly weapon is not only a knife or a gun. It can be anything that can cause serious injury or death to another person.
The severity of the injuries
It is another aggravating factor when a person severely injures another, whether they intend to or not.
Victim vulnerability
The court may impose a more severe sentence if the victim is particularly vulnerable. Examples of vulnerable victims are:
The elderly
Children
The mentally ill
Illness
Incapacitation
Essentially, it is a crime against someone who cannot defend themselves.
Mandatory minimum sentencing
Sometimes there is a mandatory minimum sentence in place. The courts may decide that the crime falls within the mandatory minimum sentencing laws. This is often the case with drug and violent sentences.
Repeat offenses
Repeating an offense can force the courts to decide on a more severe penalty. It does not have to be the same crime in this case.
Hate crimes
Crimes against a specific population or group are hate crimes. The courts view hate crimes as crimes based on the following:
Race
Religion
Sexual orientation
Gender
National origin
Hate crimes can carry a more severe penalty.
The presence of an aggravating factor can increase the severity of almost any crime.]]>On Behalf of Law Offices of Thomas T. Overtonhttps://www.thomasovertonlegal.com/?p=606062023-05-02T19:10:37Z2023-05-04T19:09:39ZTheft
Theft is stealing property, which the owner reports. That could involve taking from a store, work, house, picking pockets or taking a car or bicycle. Depending on the severity of theft, an individual who commits this crime could end up in prison for several years.
Robbery
Robbery is stealing with force before, during or immediately after the theft. That can range from mugging on the street to holding up a store, business or vehicle. Since robbery involves violence, someone could end up in prison for life for this crime.
Burglary
Burglary is when someone enters a private property to steal, harm someone or cause damage. However, there are three different types of burglary. These include domestic, non-domestic and aggravated burglary.
Domestic burglary is the most common and involves entering a residence. Typically, it refers to houses and apartments. However, it also includes houseboats, RVs and accessory houses. This is a serious crime and people who commit it can end up in prison for a dozen years or more.
Anyone who uses a weapon to steal can face aggravated burglary or robbery charges. These sentences are much more harsh, making it even more important to fight these charges.]]>On Behalf of Law Offices of Thomas T. Overtonhttps://www.thomasovertonlegal.com/?p=606042023-03-10T19:34:27Z2023-03-10T19:34:27ZCareer Implications
Having a felony on your criminal record can hinder or outright halt your long-term career plans. You might struggle to receive an education from certain institutions with strict policies regarding criminal enrollment. Certain lines of work, such as those that involve dealing with the public or with children, will also be difficult to pursue with a felony on record.
Housing restrictions
Many landlords will likely look at your Tennessee background check before agreeing to rent out an apartment or other housing property to you. While having a felony record is not a guarantee that your application will meet with rejection, landlords do have the right to discriminate on the basis of criminal history. In a similar vein, you might also encounter some resistance when seeking a home loan from certain mortgage lenders.
Receiving a felony conviction is likely to affect your life in many significant ways. Matters regarding your career and housing are only a couple of the major areas that a criminal record will impact, so it is important to build the best criminal defense possible so you can defend your rights and freedoms.]]>On Behalf of Law Offices of Thomas T. Overtonhttps://www.thomasovertonlegal.com/?p=606022023-01-04T23:01:39Z2023-01-06T23:00:18ZFourth Amendment protections
The Fourth Amendment guarantees citizens security against unreasonable searches and seizures. Police officers must have a valid warrant before entering someone's home and may only search an individual's property if they have reasonable cause.
People can protect this right by understanding how to address law enforcement who wish to enter. An occupant should be respectful to the officers but make it clear that they cannot come into the home without a warrant.
Suppose an officer insists on entering the premises without a warrant and no critical circumstances are present, such as fire or the smell of smoke. In that case, a home occupant can say, "I do not consent to your entry," or invite them to wait outside until obtaining a proper warrant.
Exceptions
In specific scenarios, the police may enter a home without a warrant. Such cases include:
During life-threatening emergencies for the occupants
When there is probable cause to believe a serious crime is taking place
In these cases, officers must act to protect the community's safety. Such situations must meet high levels of scrutiny that other authorities must review later.
Constitutional protections attempt to strike a balance that preserves the freedoms of individuals and the community. By preparing to take well-thought-out action, a person may prevent law enforcement from entering a home.]]>On Behalf of Law Offices of Thomas T. Overtonhttps://www.thomasovertonlegal.com/?p=606002022-11-15T01:26:57Z2022-11-15T01:26:57ZWhat are the types of field sobriety tests?
There are three field sobriety tests used in most states. The horizontal gaze nystagmus is an eye test. The officer will ask you to stand in place while they hold an object, usually their finger or a pen, and ask you to follow it with your eyes only. Moving anything else constitutes failure.
Another test requires you to walk in a straight line, counting your steps, until the officer tells you to turn back. You cannot use your arms to balance or look up from your feet.
The last test is the one-leg stand. The office will ask you to stand on one leg and lift the other six inches off the ground. They expect you to hold it for approximately 30 seconds.
Can you refuse?
You can politely decline to participate in field sobriety tests, and the officers cannot arrest you on that basis alone. However, they will likely then ask you to submit to a chemical test. Chemical tests use your urine, breath or blood to determine blood alcohol level. They typically ask you to breathe into a device, but these commonly produce false positives. You can decline a chemical test at the scene, but the officer will likely place you under arrest.
An arrest is not a conviction. You still have the chance to argue your case in court.]]>On Behalf of Law Offices of Thomas T. Overtonhttps://www.thomasovertonlegal.com/?p=605972022-09-08T17:33:24Z2022-09-08T17:33:24ZDo DUI cases increase on holidays?
According to various DUI statistics, the chance of a deadly crash involving intoxicated drivers approximately doubles around major holidays. In response to this evident threat, police in many cities will increase their street presence on holidays, particularly after dark. Drivers who exhibit unusual driving behaviors may be especially likely targets for a DUI stop during these times.
What should you do during a DUI stop?
Whether or not you have alcohol in your system, it is always best to comply with an officer during a DUI stop. You should, however, be aware of your rights. You do not have to provide any information beyond your name, nor do you have to consent to a search of your vehicle. If you do give verbal consent for a search, this can negate your ability to claim an unlawful search in the event that the matter eventually goes to court.
When you venture out during the holidays, it is important to know that drunk drivers are significantly more common and that police officers are being especially vigilant. You can protect yourself by following defensive driving practices and remaining constantly aware of your surroundings.]]>