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Criminal Law

Tennessee Criminal Lawyer Blog

Covers DUI, Narcotics and Drugs, White Collar Offenses and other Criminal Defense law issues with a focus on Tennessee State law.
By Baker Associates

Post Frequency: 5.4/day

Last Entry: March 31, 2011 at 00:14:19

New York Woman Busted for Running Plastic Surgery Clinic Out of Her Home

Posted on January 16, 2011
When it comes to stay-at-home jobs, you would think that fake doctor/surgeon has to rank right up there with methamphetamine manufacturing and prostitution as among the more lucrative options, although those career paths certainly carry a little more risk than just opting for the safer medical-transcriptionist or crochet artist options...

Criminal Procedure Rule Change Helps to Protect Immigrants

Posted on January 15, 2011
The Tennessee Rules of Criminal Procedure are put into place to ensure that defendants receive a fair trial and that criminal trials run as quickly, smoothly, and fairly as possible. Rule 11 of the Tennessee Rules of Criminal Procedure governs the entry, procedure, and acceptance of guilty pleas by a defendant in a criminal case...

"Attacking" the Victim at Trial

Posted on January 12, 2011
If you watch any high-profile trial involving a victim who has been sexually abused, physically abused, murdered, or otherwise attacked, you will likely see the defense introduce some evidence of questionable behavior or character on the behalf of the victim...

Recovering Seized Property

Posted on January 10, 2011
Imagine this scenario: you and a buddy are hanging out in your apartment after school. On your coffee table lays $600 in cash you recently received from cashing a paycheck but did not deposit because the next morning you are meeting a guy (who hopefully isn't a serial killer or scam artist) to purchase a used motorcycle that you saw on Craigslist...

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New Year Brings Changes to Implied Consent Law

Posted on January 10, 2011
Any time a DUI-related statute undergoes a change, you can bet a lot of Tennesseans will be affected. Almost 4,000 Tennesseans every year are cited for driving under the influence by the Tennessee Highway Patrol alone and countless more are cited by the law enforcement officials of the various cities and counties in Tennessee...

The Right to a Speedy Trial

Posted on January 07, 2011
The right to a speedy trial is guaranteed to Tennesseans by both the United States and State Constitutions and by statute in Tennessee. This safeguard is put in place to ensure that defendants do not have to fight criminal prosecution for an unreasonable amount of time and that the trial does not drag out so long that the evidence becomes stale...

"Serious Bodily Injury" in Aggravated Assault Cases

Posted on January 07, 2011
The Tennessee Court of Criminal Appeals recently made life a little tougher for criminal defendants and defense attorneys by ruling that "intentional or knowing" mental requirement that is present in the assault and aggravated assault statutes does not apply to the element of "serious bodily injury" that is required for an aggravated assault conviction...

Woman Sets Boyfriend Aflame Over Lost Car Keys

Posted on January 04, 2011
In any argument, especially one between two people involved in a romantic relationship, there seems to be one individual who simply has to get the last word in or get the upper hand. Anyone looking to emerge victorious from any argument can consider the example provided by Pamela Rozelle of Camden, New Jersey, who got the upper-hand on her boyfriend Richard King, Jr...

New Year Brings Tougher Criminal Laws to Tennesseans

Posted on January 01, 2011
The start of a new year is bringing new changes to Tennessee's criminal laws in ways that will greatly impact some Tennesseans. Most notably, changes are coming in the way first-time DUI offenders are punished and a new reporting requirement will take effect regarding illegal immigrants...

Men Arrested for Throwing Objects Onto I-75 in McMinn County

Posted on December 31, 2010
Be it gardening, playing video games, climbing mountains, or reading a good book, everyone has different ways they choose to pass their down time. If you are looking for a new way to occupy yourself when life gets boring, you should probably cross chucking mailboxes from interstate overpasses onto oncoming traffic off of your list, because it appears to be frowned upon by law enforcement...

Accused Rapist Makes Unfortunate Post on Facebook

Posted on December 29, 2010
Facebook is quite possibly the most rapidly-growing form of communication in the world. It seems that nowadays people across the globe cannot wait to log in and update anyone who may be interested as to what they are doing every minute of the day, status updates range from everything from "headed to the movies," to "headed to the Bahamas (not a good idea because then everyone knows your house is vacant)" to "headed to the bathroom...

Withdrawing a Guilty Plea

Posted on December 27, 2010
Entering a guilty plea is often a very hard thing for a defendant to do. In most cases, a guilty plea is entered because the defendant does not feel that he or she has a very high likelihood of success at trial and that the state or federal government has made a fair offer in exchange for the convenience of avoiding trial...

Videotape of Police Driving Helps Man Beat DUI Charge

Posted on December 22, 2010
Any criminal defense attorney that has represented individuals charged with a DUI knows that many traffic stops that lead to DUI arrests are questionable at best, that is to say that such stops are often based on facts that do not rise to the level of reasonable suspicion required by Tennessee law to warrant a traffic stop of that particular vehicle...

Location Issues in DUI Situations

Posted on December 22, 2010
Most Tennesseans understand the type of activity that can give rise to a DUI charge, but it seems many are less clear on the question of ?Where is this conduct prohibited?? After all, many activities constitute crimes only if they are conducted in certain places...

Wendy?s Employee Attacks Customer for Speaking Too Softly

Posted on December 16, 2010
Americans expect to encounter many dangers when they make the decision to order food at a drive-thru: inordinately long wait times, the employees messing up your order, being charged extra money for sauce packets, etc. What most Americans do not expect, however, is that employees at the restaurant may confront them at their car and attempt to give them a good ol? fashioned beat-down for failing to communicate at an appropriate volume through the intercom...

Men Break Into "Free" Store to Steal Items

Posted on December 14, 2010
You either like living on the edge or simply didn't do a good job of picking your target when you break into a store that gives its entire inventory away for free on a daily basis in order to steal from the store. While this may not seem like the wisest course of action, that is exactly what two Canadian men did early this week, when they broke into a store called "The Free Store" where individuals can pay a fee to drop off unwanted items and customers can come in and take as much of the store's inventory as they want for free every day...

Bad Weather: Do I Have to Come to Court?

Posted on December 13, 2010
As discussed in an earlier blog entry on our site, it is never a good idea for a criminal defendant to miss a scheduled court appearance. A general rule that criminal defendants should follow is that unless your attorney has informed you that you do not have to be in the courtroom, you should make every possible effort to be there for your court date...

Tennessee Man Arrested for Running Moonshine

Posted on December 09, 2010
Forty-year old Tennessean Daniel McGuire was apparently doing his best Dukes of Hazzard impression last week when he was nabbed by Polk County authorities for hauling 83 jars of moonshine in the trunk of his car. McGuire told authorities he was taking the moonshine to a nearby bar in Sebring, Florida, a story which, unfortunately for the bar manager, authorities believed...

Woman Jailed Over Library Books

Posted on December 07, 2010
Authorities have thrown the book at a Texas woman who failed to return some books that did not belong to her. Twenty-five year-old Jessekah Few of Baytown, Texas was arrested the day before Thanksgiving after she failed to make a court appearance in connection with owing $200 worth of library fees for books that were checked out by her and never returned...

Selecting a Jury

Posted on December 07, 2010
Although it seems like the percentage of cases that actually proceeds to a jury trial decreases annually, many defendants every year find themselves facing the critical stage of trial where they pick a jury. The Constitutions of the United States and the State of Tennessee guarantee a criminal defendant the right to a trial by a jury of his or her peers in most cases, but ensuring that the jury is one that is comprised of individuals who are fair and unbiased is the job of the criminal defense attorney.

Women Accused of Hiding Stolen Goods in Their Body Fat

Posted on December 02, 2010
While being obese does have its health disadvantages, it can also provide some hefty benefits. Just ask twenty-eight year-old Ailene Brown and thirty-seven year-old Shmeco Thomas, two Oklahoma women who recently found a creative use for their corpulent condition...

Routine Traffic Stops Nets Seizure of Over $1.2M Worth of Cocaine

Posted on November 30, 2010
An apparent drug-dealer passing through Bensalem, Pennsylvania got incredibly unlucky last Saturday when a policeman pulled him over because he thought a GPS unit was blocking the driver?s view of the road. Once the cop had pulled over thirty-two year-old Nestor Luis Merced-Calderon from New York City, he noticed some rubber bands inside the vehicle, which the officer recognized as the type of rubber bands that were commonly used to bind stacks of money and decided to search the vehicle...

Erroneous Jury Instruction Gives Defendant Avenue for Appeal

Posted on November 28, 2010
For a criminal defendant, one of the most seemingly insignificant moments at trial occurs when all of the proof has been presented and the judge begins to instruct the jury on the specific elements of the offense with which the defendant has been charged as well as all of the elements for any lesser-included offenses which have been requested and approved for submission to the jury...

Double Jeopardy in Sex Offense Cases

Posted on November 23, 2010
Most Tennesseans are familiar with the concept of double jeopardy, the principle that is found in both the United States and Tennessee Constitutions and guarantees all citizens that they cannot be put on trial twice for the same offense. While the doctrine seems simple enough, it has applications that extend far beyond what a simple reading of the constitutional language would reveal to the ordinary reader...

Keeping Your Criminal Record Clean

Posted on November 21, 2010
For many criminal defendants, one of the worst parts about facing a felony or misdemeanor charge is the prospect that such a charge may stay on that person?s criminal record for the rest of their lifetimes, making it extremely difficult to find certain types of employment, carry a firearm, or enjoy many of the rights and privileges of being a United States citizen that many of us take for granted...

Driving Under the Influence

Posted on November 18, 2010
An often overlooked question with regard to DUI discussion is what type of conduct actually constitutes a DUI. This is defined in Tennessee Code Annotated �55-10-401, which basically provides that it is unlawful to drive or ?be in physical control of? a motor-driven vehicle on a public road, highway, alley, or street, or any other place that is frequented by the public while you are: (1) Under the influence of an intoxicant, marijuana, narcotic, or drug producing stimulating effect on the central nervous system, or (2) The blood alcohol concentration (BAC) in your breath is eight hundredths of one percent (...

Lesser Included Offenses

Posted on November 17, 2010
The concept of "lesser included" offenses is an important one in the realm of criminal law. Simply put, a "lesser included" offense is one that has many of the same elements as a more serious offense but is punished to a lesser degree. For instance, if a defendant is charged with first-degree murder, some lesser included offenses would be attempted first degree murder, second-degree murder, attempted second degree murder, etc...

Probation

Posted on November 16, 2010
For most criminal defendants in Tennessee, probation is a welcome alternative to spending time in the county jail or state prison. Although probation is often accompanied by several onerous consequences, such as restricted travel, random drug screens, prohibition from consuming alcohol, anger management or other behavior-related classes, etc...

Man Allegedly Leaves Toddler At Home Alone To Go Drinking

Posted on November 14, 2010
One of the more difficult decisions that parents face is at what age their child is old enough to stay at home alone. For many parents, the decision that a kid is mature enough to stay at home alone usually comes when the kid is in their mid to late teens...

Waiving Your Right to Counsel

Posted on November 12, 2010
The right to counsel is one of the most fundamental and constitutionally well-protected rights that Americans enjoy. The fundamental premise of the right to counsel is that the law recognizes that attorneys are formally trained in, and are supposed to be intimately familiar with, the law and that citizens have the right to rely on the expertise of attorneys rather than risk incriminating themselves with regard to possible criminal charges...

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