Tennessee Criminal Lawyer Blog

A teacher in Savannah has been arrested on drug charges after an officer searched her classroom and allegedly found drug paraphernalia. According to a WBBJ-TV report, the Hardin County High School teacher will appear in court June 25. Officials say they found a syringe as well as drug paraphernalia during their search. The report does not, however, specify if any actual drugs were found. School officials have not commented on her future as a teacher.

This incident points out how difficult it is to protect your reputation following an arrest. There is no mention of illegal drugs being seized by the authorities, but the report does contain unsubstantiated statements from students and concerned parents about her alleged drug use. It is common for individuals to find that their name and reputation are being tarnished before they even have a chance to fight the charges or tell their side of the story in court.

If you or a loved one has been arrested for a drug-related charge, it is absolutely vital that you take several actions to protect yourself.

• Decline to speak with the authorities without an attorney present.
• Deny law enforcement officers the right to search your vehicle or home without a warrant.
• Do not admit guilt.
• Do not allow any friends or family members to post about your legal situation online.
• Request to speak with a skilled Tennessee criminal defense attorney before answering any questions.

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If you have been arrested on suspicion of a sex crime in Knoxville, it is important that you are proactive when it comes to building a defense. The consequences of committing a sex crime are long-term and sometimes permanent. For example, sex crime convictions result in incarceration, hefty fines, and mandatory registration as a sex offender. Common sex crime charges in Knoxville include rape, statutory rape, aggravated sexual battery, and sexual misconduct. The mere allegation of any of these crimes can affect your employment opportunities and social standing.

There are a number of possible defenses for any sex crime. Many sex crime charges result from hearsay with very little proof. Other charges are brought forward years after the alleged incident took place with no eyewitnesses or DNA evidence. It is also common for accusations of criminal activity to result from ulterior motives or mis-identification.

A skilled Knoxville criminal defense attorney will evaluate the quality of evidence and the validity of eyewitness accounts. When there is a weak case against the defendant, it may be advisable to aggressively fight the charges in court. A knowledgeable attorney will evaluate the motivation of the accuser, suppress evidence that was wrongfully obtained, and call into question the word of a witness who may have been subjected to biased and suggestive interviews.

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An ignition-locking device prevents individuals from driving until after they have passed a breath test. These devices are widely used to penalize repeat offenders or convicted drunk drivers who were responsible for serious injury accidents. According to The Associated Press, Governor Bill Haslam has signed a new ignition interlock law that will require all drivers with a blood alcohol level over .08 percent to get an ignition interlock device (IID) installed in their vehicle.

The Knoxville DUI defense lawyers at Baker Associates have discovered that the measure, which was unanimously approved in the House and the Senate, requires even first-time offenders to install an ignition device. The new law also affects license suspensions. According to The Associated Press, convicted driving under the influence (DUI) offenders will be allowed to drive anywhere without a restricted license once they install a device. According to a WBBJ-TV news report, the devices will prevent drivers from starting their cars unless they pass a breath test with blood alcohol level of .02 percent or lower. The bill will go into effect in Tennessee as of July 1, 2013.

Continue reading "Tennessee Governor Signs New Ignition Interlock Bill" »

A recent ruling by the Supreme Court has had a significant impact on DUI (driving under the influence) enforcement in Tennessee. According to a WATE news report, Missouri v. McNeely has affected when officers can perform blood alcohol tests of impaired drivers. In many cases, officers now need a judge's order before obtaining a blood sample to determine if an individual is intoxicated. Officers now need to fully articulate the circumstances that require them to conduct a blood test. This change in law opens the door for challenging the validity of the search warrant. If the officer did not have just cause to want a blood test, the results of the test should be dropped.

It is important to remember that all Tennessee drivers are required to take a blood, breath, or urine test if arrested on suspicion of a DUI. Under the implied consent law, you must give consent to a chemical test if an officer legally arrested you with probable cause for driving while under the influence. If you refuse to take a test, you could have your license suspended even if you are eventually found not guilty.

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A 54-year-old man was arrested after the Repeat Offender Squad of the Knoxville Police Department raided his East Knoxville apartment. According to a news report in The Knoxville News Sentinel, officials executed a search warrant at his apartment after getting tips that cocaine deals were taking place there. They allegedly seized a marijuana pipe, rolling papers, a marijuana grinder, 1.2 grams of crack cocaine, one gram of pot, and scales. The Knoxville man was charged with possession of crack cocaine for resale, possession of drug paraphernalia, and simple possession of marijuana.

Tennessee law enforcement officials have a long history of coming down hard on individuals suspected of selling cocaine. In a 2002 Tennessee Drug Threat Assessment, crack was defined as "the greatest drug threat to Tennessee." It was described as readily available, commonly abused, and regularly associated with violent crime. At the time of that report, Tennessee had more cocaine-related treatment admissions and federal sentences than any other drug.

Simple possession or casual exchange of cocaine in Tennessee is typically classified as a Class A misdemeanor punishable by a year in a jail and a fine of $2,500. Repeat offenders, however, can face Class E felony charges punishable by six years in prison and a $3,000 fine. The penalties increase dramatically if the authorities believe the defendant intended to sell the drugs.

Continue reading "Knoxville Man Arrested in Drug Raid" »

A 51-year-old Knoxville woman has been arrested on suspicion of selling prescription painkillers from her home. A two-month-long investigation took place after her neighbors complained of suspicious activity at her residence. According to a WATE news report, she was arrested after officials executed a search warrant at her Price Avenue home in Knoxville. During the raid, officials allegedly seized Xanax, empty pill bottles, a blank script from a prescription script pad, a handgun, and six cell phones. She is being held at the Knox County Jail.

Prescription drug abuse is a serious problem in Tennessee. To reduce the number of prescription drug users, Tennessee law enforcement officials regularly investigate individuals suspected of illegally obtaining drugs for resale. Law enforcers come down hard on individuals who steal prescription pads, forge doctors' signatures, and who sell his or her own drugs for profit.

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The Knoxville Police Department has indicted 19 individuals who they believe are "high-level players" in a large-scale heroin ring. According to a news report in The Knoxville News Sentinel, the alleged leader of the ring was arrested at a residence on Massachusetts Avenue after a six-month-long investigation that led officers from Knoxville to Sevierville to Chicago. Officials say that they found less than .5 ounces of heroin at the alleged heroin ring leader's house but that his distributors were selling between 100 to 200 small bags of heroin a day. The primary suspect faces charges for distributing heroin and 14 of the 19 suspects are in custody.

It is illegal to manufacture, deliver, sell, or possess a controlled dangerous substance. Under T.C.A. 39-17-417, heroin is a Schedule I controlled substance because it has no accepted medical use and has a high potential for abuse. Possessing even small amounts of heroin can result in a Class B felony. Defendants may face additional penalties when there are large amounts of heroin or other dangerous substances such as cocaine, LSD, peyote, morphine, or amphetamines.

Continue reading "Heroin Drug Bust in Knoxville Results in 19 Arrests" »

A 19-year-old Knoxville man has been arrested for sexual exploitation of a minor and third-degree sexual abuse. According to an NBC 13 news report, the teenager was arrested after allegedly filming a sex act with a 15-year-old girl in a Knoxville apartment in February. Officials believe that the girl was not aware of the recording, and that other males were in the room at the time of the incident, and that the video was circulated. He is being held in the Marion County Jail on a $21,000 bond.

There are degrees of criminal sexual conduct in Tennessee. A person can face charges of sexual conduct in the third degree if that person engages in sexual penetration with another individual between the ages of 13 and 16. This is a felony punishable by imprisonment for up to 10 years.

It is a common misconception that a teenager will not face serious criminal charges for sexual activity with another teenager who happens to be underage. Anyone who is 18 years of age or older can face felony charges for sexual activity with someone who cannot legally give consent. The penalties often include years of incarceration, and the charges increase when the incident involves force, threats or coercion.

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A 39-year-old female school bus driver has been arrested on suspicion of driving under the influence (DUI) and for violating the open container law. According to a report by The Knoxville News Sentinel, the Cocke County school bus driver was arrested in a church parking lot. Officials acted on a tip and found her parked in a lot with the engine running. There were no children on board the bus and it is unclear if she actually drove while impaired. Her blood alcohol content at the time of her test was allegedly .09 percent.

Tennessee bus drivers, truck drivers, and other commercial drivers are held to a higher standard than non-commercial drivers when it comes to driving under the influence. Under Federal Motor Carrier Safety Administration (FMCSA) regulations, a blood alcohol content of .04 percent or more is considered driving under the influence when it comes to commercial drivers. That is half of .08 percent, the normal BAC legal limit for other motorists.

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The Nashville Young Women's Christian Association and YWCA Knoxville are two of the 20 organizations that will receive funding to help prevent dating and domestic violence. According to a news report in Yuma News Now, the Department of Justice's Office on Violence Against Women announced that it is giving out $12.6 million dollars in grants to build a comprehensive approach to dating and domestic violence.

Recipients of the grants can create prevention programs and provide services for victims. The organizations involved are also going to partner with schools to inform young men about how to stop violence against women. According to the report, the new program will involve new strategies to prevent domestic violence, sexual assault, and stalking, as well as dating violence.

New research has found that a high number of teens and young adults are victims of domestic violence. About one out of 10 high school students were physically hurt, on purpose, by someone they were dating in the year 2011.

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An 18-year-old Knoxville man has been arrested on suspicion of solicitation of a minor. According to a WATE news report, the teenager was arrested on a two-count indictment for sexual activity involving a minor and solicitation of a minor. The arrest resulted from an investigation by the KCSO Computer Crimes Unit, which is part of the Internet Against Crimes Task Force. It is not clear what the age of the alleged victim was.

No one under the age of 18 can legally consent to sexual activity under Tennessee law. So any and all sex acts with a minor can result in serious sex crime charges in Tennessee. Under Tennessee Statute 39-13-528: "It is an offense for a person eighteen years of age or older, by means of oral, written, or electronic communication, electronic mail, or Internet services, directly or through another, to intentionally command, request, hire, persuade, invite, or attempt to induce a person whom the person making the solicitation knows, or should know, is less than eighteen years of age."

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There is a current bill under consideration by Tennessee lawmakers that would increase the penalties for drunk driving. According to a WBIR news report, Mothers Against Drunk Driving (MADD) is now officially backing the bill. The proposed bill would require driving under the influence (DUI) offenders to install an ignition interlock system that will prevent them from starting their car if they have alcohol in their system. Officials with MADD say that this is a worthwhile penalty because 50 to 75 percent of convicted drunk drivers allegedly continue to drive on a suspended license.

Under current law, some convicted drunk drivers already have to install an ignition device. According to Tennessee Code Annotated 55-10-412, "A court may, in its discretion, order the person to operate only a motor vehicle that is equipped with a functioning ignition interlock device if such person's license is no longer suspended or revoked or such person is otherwise eligible for a restricted license." In such cases, drivers may be forced to install a device for up to one year.

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