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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

Tennessee Bankruptcy Crimes under Federal Law

Posted on May 26, 2009
With the number of bankruptcy petitions skyrocketing, there is bound to be an increase in the number of individuals charged with bankruptcy crimes in Tennessee. For the most part, statutes pertaining to bankruptcy crimes are found in sections 151 through 157 of Title 18 of the U...

Stages of a Criminal Case in Tennessee

Posted on May 20, 2009
When clients come into our office at Baker Associates, there is often some confusion about the criminal process and criminal law in Tennessee. This blog entry hopes to clear up some of that confusion. Criminal prosecution develops in a series of stages, which begins with an arrest and may or may not end with a jury verdict...

?Anti-Crack? Bill: Tennessee House Bill 2083 to Criminalize Wearing Pants below Waistline

Posted on May 19, 2009
Tennessee State House Representative Joe Town, Jr., recently proposed House Bill 2083, which would criminally penalize anyone who knowingly wears pants below the waistline to show underwear or buttocks. According to KnoxNews.com, similar bills have been proposed in South Carolina and Louisiana...

Tennessee Crime Statistics for 2008

Posted on May 18, 2009
The Tennessee Bureau of Investigation Statistics Unit recently released its annual crime report for 2008. The following provides some of the highlights of that report. Group A offenses dropped 2.9 percent from 2007 with a total of 619,465 crimes. Group A offenses consist of crimes against persons (e...

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Tennessee Vandalism Charges

Posted on May 15, 2009
Damage to personal property is often thought of as a cause of action in civil litigation. If someone destroys property, they should have to pay for it. But what about the criminal side of it? Can criminal sanctions be brought against someone who destroys property? Under certain conditions: yes...

Police Exertion of Force

Posted on May 14, 2009
Tennessee statutes give law enforcement officers a great deal of leeway in their ability to exercise force in the apprehension of criminal suspects. However, that leeway is not unlimited, and an officer?s failure to abide by the prescribed standards may affect the rights of a criminal suspect...

Failure to Pay a Fine in Tennessee

Posted on May 13, 2009
Fines are a form of criminal punishment, just the same as imprisonment. Sometimes fines are the only form of punishment levied against a criminal defendant; other times fines are assessed to accompany a term of incarceration. That being the case, the payment of court-ordered fines is essential to clearing one?s record and avoiding further punishment...

Tennessee Criminal Case Reaches U.S. Supreme Court

Posted on May 12, 2009
In 1980, Gary Bradford Cone was convicted of brutally beating an elderly couple to death in their Memphis home. At trial, Cone claimed that he suffered from post-traumatic stress disorder caused by his service in Vietnam, and that this post-traumatic stress left him incapable of having the requisite mental state to commit first-degree murder in Tennessee...

Anabolic Steroids

Posted on May 11, 2009
With the recent national attention being paid to anabolic steroid use, it is important to know specifically what the Tennessee drug laws governing steroid distribution are. In Tennessee, these laws are found in TCA � 39-17-430, and have been on the books since 1989, long before the modern scandals erupted...

Tennessee Open Container Law

Posted on April 29, 2009
Tennessee?s open container law, TCA � 55-10-416, is much different from Tennessee?s DUI laws or DWI statutes, though they all aim to prevent the same end result. Tennessee?s open container statute states that it is against the law for a driver to consume any alcoholic beverage, or to possess an open container of alcohol while operating a motor vehicle...

Tennessee D.U.I. Offenses

Posted on April 28, 2009
DUI is one of the most common offenses that criminal defense attorneys in Tennessee deal with, but the issues related to DUI can be very complex. Tennessee?s DUI statute is located at TCA � 55-10-401. Under Tennessee law, DUI can be charged in a number of different situations...

Model Criminal Defense in Knoxville

Posted on April 27, 2009
There have been a number of recent developments in the Knoxville trial of four individuals accused of murdering University of Tennessee student Channon Christian and her boyfriend Christopher Newsom. Whatever one?s opinions over the case may be, the actions of the court-appointed defense attorneys provide an example of model criminal defense...

Tennessee HIV Testing of Assault Arrestees

Posted on April 17, 2009
Under Tennessee law, TCA � 39-13-112, persons who are initially arrested for a violation of TCA � 39-13-102 (aggravated assault), and whose victims came into actual contact with their blood or other bodily fluids, must undergo testing for HIV immediately upon request of the victim of the assault...

Possession of Weapons on School Grounds in Tennessee

Posted on April 16, 2009
TCA � 39-17-1309 deals with the laws regarding the possession of weapons on school grounds in relation to criminal offenses in Gatlinburg and throughout the state of Tennessee. It is a Class E felony for any person, regardless of age, to carry, whether openly or concealed, with the intent to be armed, any firearm, explosive, knife, dagger, or other similar weapon, not used for instructional or school sanctioned purposes, in any public or private school building or bus, or on any grounds operated by any board of education or college or university...

Search Warrants In Tennessee

Posted on April 15, 2009
Most people are familiar with the concept of a search warrant, but most people are not familiar with how and why a search warrant is issued in regards to criminal offenses in Tennessee. A search warrant is a written order, issued by a magistrate, directing a law enforcement officer to search for personal property and bring it before the magistrate for analysis in criminal matters...

Tennessee Modern Burglary Statute

Posted on April 14, 2009
Tennessee?s modern burglary statute, TCA � 39-14-402, was amended in 1995, and represents a significant change from the previous burglary statute. Among the changes that took place in 1995 were the elimination of degrees of burglary and the distinction between night and day that was used to determine the gradation of the offense...

Criminal Perjury in Tennessee

Posted on April 13, 2009
Perjury is essentially the offense of lying under oath in an effort to deceive. Under English common law and early American common law, perjury was punishable by death. While the punishments for perjury have relaxed significantly over the years, perjury remains a crime and is seen as an offense that promulgates the miscarriage of justice...

The Importance of Forensic Science in the Criminal Justice System

Posted on March 30, 2009
Forensic science plays an integral role in the criminal justice system. Well-trained forensic scientists and medical examiners can be the determining factor in the ability of evidence to adequately represent the facts of a case. Forensic science can be used in almost any criminal case; however, investigations of homicide, rape, and arson are those that benefit the most from forensic science...

Miranda Rights In Tennessee & Throughout the Nation

Posted on March 27, 2009
?Miranda Rights? generally refer to a couple of rights subsumed under the general right against self-incrimination. These rights were enforced and highlighted by the United States Supreme Court?s 1966 decision in Miranda v. Arizona. While most anyone can recite the famous lines of a Miranda Warning, perhaps less well known are the actual rights protected by this warning...

Tennessee Sexual Battery by an Authority Figure

Posted on March 24, 2009
Under Tenn. Code Ann. � 39-13-527, sexual battery by an authority figure is considered a violent sexual offense, and is laid out as a separate offense from traditional sexual battery. In order to have a charge for sexual battery by an authority figure, an unlawful sexual contact must occurs, and the proper criteria must be satisfied for both the defendant and victim...

Tennesssee Domestic Assault

Posted on March 23, 2009
Most people believe that domestic assault involves violence between husbands and wives. However, under Tennessee law, Tenn. Code Ann. � 39-13-111, domestic assault is much more than that. Domestic assault in Knoxville follows most of the same guidelines as general assault, found in Tenn...

Tennessee Sexual Battery and Aggravated Sexual Battery

Posted on March 18, 2009
Sexual battery and aggravated sexual battery both involve unlawful sexual contact between a defendant and victim. ?Unlawful sexual contact? is defined in Tenn. Code Ann. � 39-13-501 as the intentional touching of intimate parts, or of the clothing covering the immediate area of a person's intimate parts, for sexual gratification...

Tennessee Solicitation of a Minor

Posted on March 17, 2009
Solicitation of a minor in Tennessee is found in Tenn. Code Ann. � 39-13-528. Under this section, it is a crime for a person over the age of 18 to use oral, written or electronic communication to try to persuade a person that they know, or should know, is under the age of 18, or a law enforcement officer posing as someone under the age of 18, to engage in a sexual act...

Tennessee Custodial Interference

Posted on March 16, 2009
Custodial interference occurs when family members take certain other family members in contravention of court orders. This contravention of court orders is the essential difference between custodial interference and kidnapping/ false imprisonment. The elements of custodial interference are set out in Tenn...

Tennessee Criminal Defense And 'False Confessions'

Posted on March 11, 2009
False confessions are an unfortunate byproduct of the criminal investigation process. They are often elicited as a result of the intense interrogation techniques employed by law enforcement. Suspects, under incredible psychological stress, will admit to almost anything in order to get themselves out of an interrogation room...

Tennessee Sex Offender Registry And The Adam Walsh Act

Posted on March 10, 2009
The Adam Walsh Act, passed by Congress in 2006, is to be implemented for Tennessee sex crime offenders this year. This Act fundamentally changes the rules regarding sex offender registration in the state. The most important way that the Adam Walsh Act will change sex offender registration in Tennessee is that it changes the system used to determine the length of registration...

Tennessee DUI Defense Law: Retrograde Extrapolation

Posted on March 09, 2009
The Benefits of Retrograde Extrapolation in DUI and Vehicular Homicide Cases Retrograde extrapolation is a process by which law enforcement attempts to estimate the blood alcohol content (BAC) of a person at a certain time. Usually, this is done by taking the BAC as measured at a police station and employing a list of variables to determine the person?s BAC at any time before that...

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