Tennessee Criminal Lawyer Blog

When charged with a violent crime, including homicide or assault in Tennessee, the defendant may enter a plea of not guilty along with a plea of self-defense. If proven, self-defense is a complete bar to criminal liability.

When people are threatened by the use of force or threat of force, creating in their mind a reasonable belief of imminent fear of death or serious bodily injury, they are legally justified in threatening or using force to defend themselves—even to the extent of killing the initial aggressor.

If while in his or her home or business, a defendant is presumed to have exercised lawful self-defense if he or she uses force or threat of force against someone who is believed to have unlawfully and forcefully entered the defendant’s home.

However, there are several caveats to self-defense that must be thoroughly understood by the client and the client’s criminal defense attorney before raising self-defense as a justification for an otherwise unlawful assault.

Continue reading "Defenses to TN Crimes: Self-Defense" »

Despite widespread sale over the Internet and in flea markets nationwide, it is unlawful in the state of Tennessee to knowingly possess, sell, use, or operate a radar jamming device, jammer or scrambler that is designed or intended to interfere with, disrupt, or scramble the radar or laser used by law enforcement agencies and officers to measure the speed of motor vehicles.

Active use of a radar jamming device for the purpose of interfering with the radar signal of law enforcement officers is a Class B misdemeanor, punishable by up to six months in jail and/or a $500 fine. Any other offense relating to a radar tracking device is a Class C misdemeanor, which carries a $50 fine and up to 30 days in jail.

Federal criminal offenses for use or sale of a radar tracking device are much more severe. Under the U.S. code, it is a federal offense for any person to willfully or maliciously interfere with radio communications devices that are authorized by the FCC or operated by the United States Government. A conviction under federal law for willful use of such device may result in a $10,000 fine and/or a jail sentence of no more than one year.

Continue reading "Radar Jamming Devices" »

Every year, young people without criminal records go to Bonnaroo seeking a good time only to have their future prospects diminished because of a criminal citation or arrest. Once the person pleads guilty, the consequences can be devastating—from jail time and fines to academic disqualification and financial aid ineligibility.

The common criminal charges and their statutory penalties are as follows:

Simple Possession. A first time offense of simple possession of a controlled substance carries a sentence of no more than a year and a $2,500 fine. Simple possession in Tennessee typically applies when you have been busted with only a small amount of a controlled substance, such as marijuana or LSD.

Felony Drug Possession. Felony drug possession is a more serious crime and penalties vary depending on the type and amount of the controlled substance in your possession. For example, if you were found to possess between one-half ounce and ten pounds of marijuana, you could be charged with a Class E felony, which carries between a 1 and 6 year prison sentence and/or a $3,000 fine.

Drug Paraphernalia. Possession of drug paraphernalia is a Class A misdemeanor if the state can prove that you intended you use it to pack, store, contain or conceal a controlled substance. Under Tennessee law, "drug paraphernalia" means all equipment, products and materials of any kind that are used, or intended for use in storing, concealing, injecting, inhaling or otherwise introducing into the human body, a controlled substance.

Underage Consumption of Alcohol. Underage drinking in Tennessee carries with it relatively severe punishments. If you were under age 21 and you purchased, received, or had in your possession an alcoholic beverage in a public place, you could be facing up to a year in jail and/or a fine of up to $2,500. You will also be denied driving privileges if convicted.

Public Intoxication. You are facing fines and possibly a few months in jail if found guilty of this crime. An offense is committed if you were on the festival grounds or at a place of business or other public place and, while under the influence of an intoxicating substance, endangered yourself or others, destroyed property, or were simply annoying to the people around you.

If you have been charged with any of the above-listed crimes or any other crime while at Bonnaroo or while leaving the festival, the experienced criminal defense attorneys at Baker Associates encourage you to call us at 866-853-2888. The consultation is free.

When you hire an attorney, the attorney’s responsibility is to you and not your parents. In fact, the Professional Code of Ethics for the State of Tennessee requires the attorney to maintain a normal client-lawyer relationship with a minor so long as the minor’s ability to make adequately considered decisions in connection with the representation is not impaired.

When a normal client-lawyer relationship is formed, the represented minor enjoys the same confidentiality protections as if the minor was an adult. Under the Code, the attorney is required to keep all the matters of the case confidential unless the client gives the lawyer permission to share that information with specified persons, such as a parent or guardian.

At Baker Associates, we take our ethical obligations to you seriously and will work hard to mount a vigorous Tennessee juvenile defense against the charges against you. If you received a citation or were arrested while at Bonnaroo or while leaving the festival, don’t plead guilty to the crime and risk the quality of your life and your future prospects. Call an experienced criminal defense attorney at 866-853-2888.

If your child has been cited or arrested while at Bonnaroo for a drug offense in Tennessee or other offense, the criminal juvenile defense attorneys at Baker Associates can help.

Every year, we defend children who have been charged with a crime while at Bonnaroo or traveling to or from the festival. State troopers and local law enforcement are everywhere stopping vehicles and coercing children to allow them to search their vehicles. When they find evidence such as drugs or drug paraphernalia, the officer then either gives your child a citation or arrests him or her on the spot. Children also get arrested for other offenses at Bonnaroo just because they were in the vicinity of an alleged crime.

The consequences of a criminal conviction can cause serious damage to your child’s future. Not only is there potential for detention and probation, but a conviction can jeopardize your child’s eligibility for admission into college and/or financial aid eligibility.

Don’t risk your child’s chances, consult one of our experienced criminal defense attorneys in Tennessee at Baker Associates by calling 866-853-2888. We have had considerable success in getting records expunged, sentences reduced, and evidence thrown out based upon proof of an unlawful search.

If you have been charged with a drug-related offense while at Bonnaroo or while leaving Bonnaroo to return home, we encourage you to consult a criminal defense attorney at Baker Associates immediately. A lot is riding on the decisions you make right now because choosing an inexperienced attorney or pleading guilty without the full knowledge of your rights can have a devastating impact on your future life prospects.

First and foremost, your freedom is in jeopardy. While simple possession is a Class A misdemeanor, you could still be facing up to a year in jail. More serious drug offenses are felonies, the conviction of which results in a sentence of between one and sixty years depending on a variety of factors including the type and amount of drugs in your possession, whether the drug exchange was between you and a minor, and whether you had prior convictions.

Fines can also be quite severe for drug related offenses. For simple possession of marijuana, for example, you could be fined upwards of $2,500. More serious drugs, like cocaine and crystal meth, can result in a $100,000 fine if the amount was less than .5 grams and the court finds that you possessed the drug with the intent to distribute. If the amount is greater than 26 grams, the fines can reach as high as $200,000.

If you are currently in college or in a technical school, a drug conviction can make you ineligible for financial aid. On the FAFSA, question 31 asks: “Have you been convicted for possession or sale of illegal drugs for an offense that occurred while you were receiving student aid.” If you fail to answer, then you are disqualified. However, if you answer yes, then you are sent to a worksheet page. The answers you fill-in on the worksheet determine whether the conviction will affect your ability to get financial aid. After completing a second questionnaire, you will then be referred to a campus administrator who will handle your case individually.

Moreover, a drug conviction can go on your permanent public record. Thus, a potential employer will be able to see your drug conviction and deny your application for employment. Upon conviction, a judge may also order you to drug treatment and rehabilitation.

A drug conviction also affects your right to vote. All persons convicted of a felony lose their right to vote and may be eligible to have the right restored only upon completion of his or her sentence and subsequent application for a “certificate of restoration” from the Board of Probation and Parole.

The path you are now on and the goals you have set for yourself can be drastically changed upon a drug offense conviction. It is important that you do not plead guilty but rather seek out a Tennessee criminal defense attorney who has the experience and skills to keep you on the right track. A lot is riding on you making the right decision: call 866-853-2888 for a free consultation.

Did you know that at last year’s Bonnaroo festival in Manchester, Tennessee, State Troopers logged more than 5,600 man-hours and wrote 323 citations and 55 warnings—many of which involved drug-related charges in Tennessee. That’s simply staggering.

While there are several types of drugs available at Bonnaroo, some of the more common drugs seized at Bonnaroo last year were:

• Marijuana


• Nitrous Oxide


• LSD, and


• Mescaline

However, given the growing diversity of Bonnaroo-goers, there is likely to be found such drugs as OxyContin, Crystal Meth (methamphetamines), Cocaine, and Heroine at this year’s festival. All of these drugs are controlled substances in the state of Tennessee.

Possession of controlled substances in small amounts may result in simple possession drug charges. While not a felony, this crime is classified as a Class A misdemeanor and if convicted, you could be facing jail time and/or a fine—not to mention a criminal record. If the exchange, however, was between you and a minor or if you had been convicted of a Tennessee drug crime in the past, you could be charged with a felony. If greater amounts of drugs are found in your possession, the state can charge you with felony possession.

Citations and arrests can both lead to convictions and a criminal history. Your freedom, your right to vote, your ability to get a job, and your education may all be on the line. We therefore encourage you to hire a lawyer rather than to plead guilty to a drug offense.

At Baker Associates, we have the knowledge and skills to defend you. For example, in many cases, we have successfully had drug evidence thrown out because an officer unlawfully searched a vehicle or person. We have also successfully had evidence thrown out upon proof that the search exceeded the consent given by the defendant. If you have been cited or arrested with a drug offense at this year’s Bonnaroo, don’t hesitate, call the experienced TN criminal defense attorneys at 866-853-2888.

Beginning Wednesday evening and continuing through Monday morning in Manchester, the Tennessee Highway Patrol along with local law enforcement will be stopping cars for speeding violations along the routes leading to and from Bonnaroo. Inevitably, officers search some of these vehicles for drugs and drug paraphernalia in Tennessee.

Many speed traps leading to car searches will be set up along Interstate 24 (I-24) west toward Nashville and east toward Chattanooga. Drivers can also expect speed traps along U.S. Highway 41/70S in Coffee (Manchester), Bedford (Shelbyville), and Rutherford (Murfreesboro) counties in addition to state highway 55 (McMinnville Highway) going northeast toward Warren county (McMinnville) and southwest toward Tullahoma and Lynchburg in Moore county. State Highway 53 (Woodbury Highway) may also be heavily monitored. Other counties along I-24 include:

• Hamilton (Chattanooga)
• Meigs (Decatur)
• Grundy (Altamont)
• Van Buren (Spencer)
• Sequatchie (Dunlap)

Speed traps may also have been set up along I-40 in the following counties and county seats:
• Wilson (Lebanon)
• Smith (Carthage)
• Dekalb (Smithville)
• Putnam (Cookeville)
• Cumberland (Crossville)
• White (Sparta)
• Morgan (Wartburg)
• Anderson (Clinton, Oak Ridge)
• Roane (Kingston)
• Loudon (Loudon)
• Knox (Knoxville)
• Blount (Maryville)
• Sevier (Sevierville, Gatlinburg, Pigeon Forge)
• Cocke (Newport)

When stopped along these routes, officers often ask the driver for permission to search the vehicle. Intimidated, drivers often give their consent. However, you don’t have to! Did you know that only in certain limited circumstances can the officer search your vehicle? And, even if you do give consent, the consent must be unequivocally, specifically, and intelligently given without pressure or coercion. Moreover, if evidence is seized during a consented-to search, the evidence will only be admissible if it was within the scope of the consent given.

Upon refusal to give consent, however, the police may hold you for long periods of time in order to get a search warrant. But, a traffic stop for speeding can become unreasonable and unconstitutional if the time, manner or scope of the investigation exceeds the scope of probable cause. Remember that if the police hold you longer than necessary, all evidence they seize after that can be subject to suppression in court.

The police may also tell you that he or she has called for drug dogs and that you might as well let the officer search your vehicle. The officer may also say that he or she can search your car with or without your consent. Don’t believe the officer because this is not the law—you always have the right to refuse a search.

If you have fallen victim to an unlawful search and seizure of your person or vehicle and charged with a drug-related offense, the criminal defense attorneys at Baker Associates can help. Give us a call at 866-853-2888 to receive a free case evaluation.

Whether sent by mail or by computer, distribution of child pornography is a federal crime and a sex crime in Tennessee.

Under 18 USCS § 2252A, it is unlawful for any person to knowingly mail, ship or distribute child pornography using any means including a computer. It is also a crime to knowingly reproduce or copy child pornography for distribution through the mail or by computer.

A person accused of distributing child pornography has available to him certain affirmative defenses. Basically, an affirmative defense is when you admit the material allegations of the prosecution’s complaint but provide additional facts establishing some legal justification or excuse for engaging in the otherwise unlawful act. For charges of distribution of child pornography, it is an affirmative defense that all persons used during the production of the alleged child pornographic material were 18 years of age or older.

The consequences for child pornography are quite severe. For the first offense, the minimum sentence is five years in prison, and the maximum sentence is 20 years. However, if the defendant had been convicted of a sexual offense prior to the current charges, then the minimum sentence is increased to 15 years with a maximum of 40 years. Fines, probation and supervised release may also be involved.

Simply being charged with a sex crime can have a devastating impact on your career and reputation. As with any sex crime offense in Tennessee, it is important that you act fast and hire an experienced attorney who can mount a strong defense. At Baker Associates, our skilled Knoxville criminal defense attorneys have that experience and can assist you in reaching the best possible solution to the charges levied against you. If charged with a sex crime in Tennessee, please give us a call.

If race or ethnicity is a factor in determining the target of a Tennessee theft crime, the state may well “throw the book” at the defendant by arguing for sentence enhancement and alleging a civil rights intimidation offense. The facts of the case, State v. Lamar, provide an illustration.

On May 23, 2007, in Hamilton County, Franklin Lamar (defendant) and two others hatched a plan to rob a single Hispanic woman who lived down the road from where the defendant lived. According to Mr. Lamar’s testimony, he and an accomplice were “talking about these little Mexicans up the street…[and] that they be having a lot of money on them whatever.” They walked up to the woman’s home, pushed in the door, and stole the victim’s piggy bank containing approximately $100 in change. A detective said that it was common for Hispanic people to be specifically targeted for robbery in Hamilton County.

Mr. Lamar was caught hiding in a trash can, charged with robbery and civil rights intimidation, and subsequently convicted. At the sentencing hearing, the trial judge rejected alternative sentencing, which would have limited the defendant’s sentence to probation. Instead, the court enhanced the defendant’s sentence upon a finding that he specifically targeted an ethnic group for the commission of robbery. Consequently, Mr. Lamar received four years in prison for the robbery conviction and two years to be served concurrently with his civil rights intimidation conviction.

State v. Lamar illustrates how a judge can enhance the defendant’s sentence based on who he selects as a victim and the reasons for that selection. Under T.C.A. § 40-35-114(17), if appropriate for the offense and if not already an essential element of the offense, the court is required to consider as a sentence enhancement factor whether the defendant selected the victim because of the defendant's belief or perception regarding race or ethnicity. Since victim selection based on race or ethnicity is not an element of a theft offense in Tennessee, the judge had the power to increase Mr. Lamar’s sentence.

State v. Lamar also shows how racial targeting is a stand-alone crime in Tennessee pursuant to T.C.A. § 39-17-309. This law makes it a felony to injure or coerce another person with the intent to intimidate another from the free exercise or enjoyment of any right or privilege secured by the constitution or laws of the state of Tennessee. The rights considered in this law are the rights to be free from fear, intimidation, harassment and bodily injury caused by the activities of groups and individuals.

If you have been charged with a criminal civil rights violation and/or robbery in Tennessee, don’t settle for inexperience; call the skilled and experienced Knoxville criminal defense attorneys at Baker Associates for a free and thorough consultation.

Last week, a blog discussed the right of the defendant to have certain non-essential witnesses sequestered so as to prevent the potential for bias. Failure to properly sequester a witness can result in a new trial and potentially an acquittal. Using the same facts as described in the Tennessee DUI case, State v. Anderson, the “chain of custody” issue will be discussed here.

Chain of custody refers to the documentation of evidence as it passes from person to person, agency to agency. Because evidence is used to convict people of crimes, the state has the initial burden to prove that evidence was scrupulously and carefully handled so as to prevent, for example, the appearance that evidence may have been fraudulently planted or mistakenly identified. If the state fails in this burden, a skilled Knoxville criminal defense attorney may allege tampering or misconduct in an attempt to get his or her client acquitted or to overturn a guilty verdict on appeal. If you have been charged with a DUI in Tennessee, call Baker Associates at 866-853-2888 for a free consultation.

Over the defendant’s objections in Anderson, the trial court allowed the prosecution to introduce the test kit used to determine the defendant’s blood alcohol level. On appeal, the defendant challenged the sufficiency of the state’s evidence establishing the chain of custody of defendant’s blood test kit.

At the hearing, the defendant called the appeals court’s attention to the state’s failure to present testimony regarding the steps taken to distinguish the defendant’s test kit from any other test kits. In particular, the State did not present any evidence of distinguishing marks (such as an evidence ID number) that could show definitively that the test kit belonged to the defendant. Consequently, the appeals court ruled that the test kit evidence for the DUI in Tennessee case should not have been admitted, that the mistake was not harmless error, and that a new trial should be granted.

On June 4, the senate in Tennessee overrode Governor Bredesen’s veto of HB 0962/SB 1127—the so-called “guns-in-bars law.” The new gun crimes law in Tennessee will take effect on July 14.

Under current Tennessee law, a person cannot possess a firearm in a building open to the public where alcoholic beverages are sold, unless the person is designated to protect customers or is a law enforcement or military officer in “discharge of official duties.” A violation of the current law is a Class A misdemeanor.

The new law adds another exemption for people who have a hand gun carry permit, and

• The person is not consuming alcohol; and


• The establishment is open to the public and serves alcoholic beverages; and


• The establishment does not restrict admission to persons who are age 21 years or older by checking patrons' identifications.

As you can see from reading the revised statute, the “guns-in-bars law” is not as sinister as many would suggest. First, contrary to popular belief, this law does not change the prohibition of guns in public parks, though such law is currently on the table. Second, the exemption does not apply to those establishments that check identifications. So, many establishments—especially the bars in downtown Knoxville—will be excluded. Next, the exemption does not apply to permit owners who possess a weapon and consume alcohol. The gun carrying guy who wishes to have a beer at the neighborhood Applebee’s would therefore have to leave his gun in the car.

As is often the case when a new bill is passed, misconceptions and rumors abound that serve to misinform you about your rights and responsibilities under the laws of Tennessee. At Baker Associates, we do everything possible to strengthen our client’s position by staying informed and receiving the most up-to-date training available. If charged with a gun crime in Tennessee, give our skilled Knoxville criminal defense attorneys a call at 866-853-2888 for a free consultation.