August 31, 2007

Valium (Diazepam) - A Tennessee Crime

Drug laws in Tennessee are very complex. If you are charged with an offense involving valium, it is important to contact a Tennessee Criminal Lawyer immediately. Our Tennessee Drug Attorneys have much experience handling valium offenses in the Knoxville, Gatlinburg, Sevierville, and Pigeon Forge area.

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Every year, numerous people in Tennessee are charged with an offense involving valium. Often, these individuals become addicted to valium after physicians have prescribed it for some medical purpose. Diazepam, the chemical name for valium, is a core medicine in the World Health Organization's "Essential Drugs List", which is a list of minimum medical needs for a basic health care system. Diazepam is used to treat a wide range of conditions and has been one of the most frequently prescribed medications in the world for the past 40 years.

Diazepam is a benzodiazepine derivative drug. It possesses sedative, skeletal muscle relaxant, and amnestic properties. It is commonly used for treating anxiety, insomnia, seizures, alcohol withdrawal, and muscle spasms. It may also be used before certain medical procedures to reduce tension and anxiety, and in some surgical procedures to induce amnesia.

The street names for Diazepam including the following: "baby blues", "mother's little helper", "drunk pills", "vals", "V", and occasionally "ludes", mistaken for quaaludes. As well as less specific street terms, "candy"(pills), "benzos" (benzodiazepines), Totem poles, or downers(depressants.) Sometimes valium is used by stimulant users to help "come down" in order to sleep.

Diazepam is considered to be a Schedule IV controlled substance under Tennessee law. The commissioner of mental health and developmental disabilities, upon the agreement of the commissioner of health, shall place a substance in Schedule IV upon finding that:

• The substance has a low potential for abuse relative to substances in Schedule III;
• The substance has currently accepted medical use in treatment in the United States; and
• Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III. Tenn. Code Ann. § 39-17-411.

Unless you have a prescription issued by a licensed physician, it is illegal in Tennessee to knowingly:

• Manufacture valium;
• Deliver valium;
• Sell valium; or
• Possess valium with intent to manufacture, deliver or sell valium.
Tenn. Code Ann. § 39-17-417

If you are charged with an offense involving valium or any drug offense, it is important to do two things. First, you need to retain an experienced criminal defense attorney that will zealously protect your rights. Second, you need to remain silent until you have had the opportunity to speak with your criminal defense attorney.

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August 30, 2007

Alprazolam Criminal Considerations - Xanax Law in Tennessee

Our Tennessee criminal attorneys understand that any drug charge associated with Xanax can have long-lasting effects on you and your family. It’s very important to find an experienced Tennessee criminal attorney to protect your rights. Our Tennessee criminal attorneys will conduct a thorough investigation of your case and actively pursue the best possible resolution for you and your family.

Alprazolam, also known under the trade-names Xanax and Niravam, is a short-acting drug in the benzodiazepine class used to treat severe anxiety disorders Xanax is often called Xanies or Zanies on the street. Although it is not manufactured illegally, it is often diverted to the black market and has potential for abuse. The state of relaxation and disinhibition induced by benzodiazepines is the main reason for its illicit use.

Xanax is the main and most commonly known brand name for alprazolam. There is a large variety of generic brand names for Alprazolam in use throughout the world. In English speaking countries alprazolam is sold under the following brand names: Alprax, Alprox, Alzam, Anxirid, Apo-Alpraz, Azor, Calmax, Gerax, Kalma, Novo-Alprazol, Nu-Alpraz, Xanax, Xanor, Zopax.
Unless you have a prescription issued by a licensed physician, it is illegal in Tennessee to knowingly:

• Manufacture Alprazolam;
• Deliver Alprazolam;
• Sell Alprazolam; or
• Possess Alprazolam with intent to manufacture, deliver or sell Alprazolam.
Tenn. Code Ann. § 39-17-417

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Improper injection of alprazolam is considered especially dangerous by medical professionals due to the fact that, when crushed in water it will not fully dissolve and potentially causing severe damage to arteries if not filtered properly. While it is somewhat soluble in alcohol, the combination of the two, particularly when injected, has the potential to cause a serious, and potentially fatal overdose.

Alprazolam is sometimes used with other recreational drugs to relieve the panic or distress of dysphoric reactions to psychedelics such as LSD and also to promote sleep in the "come-down" period following use of recreational drugs with stimulant or insomniac properties (such as LSD, cocaine, amphetamines, DXM, and MDMA along with the related amphetamines). It is also often used in conjunction with marijuana or heroin to potentiate the relaxing effect.

Alprazolam is considered to be a Schedule IV controlled substance under Tennessee law. The commissioner of mental health and developmental disabilities, upon the agreement of the commissioner of health, shall place a substance in Schedule IV upon finding that:

• The substance has a low potential for abuse relative to substances in Schedule III;
• The substance has currently accepted medical use in treatment in the United States; and
• Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III. Tenn. Code Ann. § 39-17-411

If you or someone you know is charged with a Xanax offense under Tennessee Law, contacting a Tennessee drug attorney will be a huge benefit. Tennessee drug lawyers have much experience handling these types of cases and understand the process that is required to vigorously defend these charges.

Source: Wikipedia

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August 29, 2007

Schedule V Offenses in Tennessee

Tennessee Attorneys understand the complexities of the numerous drug laws. Whenever an individual is cited with a drug offense, it is important to contact a lawyer in Tennessee so that the Tennessee Lawyer can explore all avenues to optimize one’s legal defense. Drug Attorneys in Tennessee focus on the intricate procedures and heavy burdens that the state must prove to vigorously defend against drug charges.

The classification of drugs is important under Tennessee law. The severity of the offense and the sentence one can receive due to a drug offense will often depend upon the classification of the drug. Drugs are typically classified by their chemical composition and their relative accepted use throughout the medical community. The commissioner of mental health and developmental disabilities, upon the agreement of the commissioner of health, shall place a substance in Schedule V upon finding that:

• The substance has low potential for abuse relative to the controlled substances listed in Schedule IV;
• The substance has currently accepted medical use in treatment in the United States; and
• The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV. Tenn. Code Ann. § 39-17-413 (2007).

Schedule V consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed below.

• Any material, compound, mixture, or preparation containing the narcotic drug buprenorphine or its salts unless listed or excepted in another schedule

Schedule V also includes narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth above which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by narcotic drugs alone:


• Not more than two hundred (200) milligrams of codeine per one hundred (100) milliliters or per one hundred (100) grams;
• Not more than one hundred (100) milligrams of dihydrocodeine per one hundred (100) milliliters or per one hundred (100) grams;
• Not more than one hundred (100) milligrams of ethylmorphine per one hundred (100) milliliters or per one hundred (100) grams;
• Not more than two and one half (2.5) milligrams of diphenoxylate and not less than twenty-five (25) micrograms of atropine sulfate per dosage unit;
• Not more than one hundred (100) milligrams of opium per one hundred (100) milliliters or per one hundred (100) grams; or
• Not more than one-half (0.5) milligram of difenoxin (DEA Drug Code No. 9168) and not less than twenty-five (25) micrograms of atropine sulfate per dosage unit. Tenn.Code Ann. § 39-17-414 (2007).

Penalties for schedule V violations can be stiff under Tennessee law. A violation with respect to a schedule V controlled substance is usually a Class E felony and, in addition, may be fined not more than five thousand dollars. If you are charged with possession, delivery, manufacture, or selling a drug listed in schedule V it is imperative that you find an experienced Tennessee criminal attorney to protect your rights. Our Tennessee Criminal Attorneys will conduct a thorough investigation of your case and actively pursue the best possible resolution for you and your family.

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August 28, 2007

Marijuana Law in Tennessee - A Schedule VI Offense

Marijuana laws in Tennessee are very complex. If you are charged with a Marijuana Offense, it is important to contact a Tennessee Criminal Lawyer immediately. Our Tennessee Drug Attorneys have much experience handling marijuana offenses in the Knoxville, Gatlinburg, Sevierville, and Pigeon Forge area.


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The severity of the marijuana charge committed in Tennessee depends upon numerous factors. One factor is the classification of the controlled substance. In Tennessee, drugs are classified based upon seven schedules. Another factor is how the defendant was using the drug. This could include anything from simple possession of marijuana to either selling or manufacturing marijuana.

Marijuana is considered to be a schedule VI drug. According to the Tennessee Code Annotated, the following drugs are also classified as schedule VI controlled substances:

• Tetrahydrocannabinols; and

• Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as the following:

(A) 1 cis or trans tetrahydrocannabinol, and its optical isomers;

(B) 6 cis or trans tetrahydrocannabinol, and its optical isomers; or

(C) 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers.

Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered. 39-17-415 (2007).

Since marijuana is a controlled substance in Tennessee, it is a criminal offense for someone to knowingly:

• manufacture marijuana

• deliver marijuana

• sell marijuana

• possess marijuana with intent to manufacture, deliver, or sell marijuana.

A violation of the above with respect to a Schedule VI controlled substance classified as marijuana containing not less than one-half (1/2) ounce (14.175 grams) nor more than ten pounds (10 lbs.) (4535 grams) of marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish), containing not more than two pounds (2 lbs.) (905 grams) of hashish is a Class E felony and, in addition, may be fined not more than five thousand dollars ($5,000).

A violation of the above with respect to a Schedule VI controlled substance classified as marijuana and containing between ten pounds (10 lbs.), one gram (4536 grams) of marijuana and seventy pounds (70 lbs.) (31,696 grams) of marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than two pounds (2 lbs.), one gram (906 grams) nor more than four pounds (4 lbs.) (1810 grams) of hashish, or a Schedule VI controlled substance classified as marijuana consisting of not less than ten (10) marijuana plants nor more than nineteen (19) marijuana plants, regardless of weight, is a Class D felony and, in addition, may be fined not more than fifty thousand dollars ($50,000).

A violation of the above with respect to a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than four pounds (4 lbs.), one gram (1811 grams) nor more than eight pounds (8 lbs.) (3620 grams) of hashish, or a Schedule VI controlled substance classified as marijuana consisting of not less than twenty (20) marijuana plants nor more than ninety-nine (99) marijuana plants, regardless of weight, is a Class C felony and, in addition, may be fined not more than one hundred thousand dollars ($100,000).


A violation of the above with respect to the following amounts of a controlled substance, or conspiracy to violate the above with respect to such amounts, is a Class B felony and, in addition, may be fined not more than two hundred thousand dollars ($200,000):

• Not less than seventy pounds (70 lbs.), (31,697 grams) nor more than three hundred pounds (300 lbs.) (136,050 grams) of any substance containing marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than eight pounds (8 lbs.), one gram (3621 grams) nor more than fifteen pounds (15 lbs.) (6,792 grams) of any substance containing hashish, or not less than one hundred (100) marijuana plants nor more than four hundred ninety-nine (499) marijuana plants, regardless of weight.

A violation of the above with respect to the following amounts of a controlled substance, or conspiracy to violate the above with respect to such amounts is a Class A felony and, in addition, may be fined not more than five hundred thousand dollars ($500,000):

• Three hundred pounds (300 lbs.) (136,050 grams) or more of any substance containing marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than fifteen pounds (15 lbs.), one gram (6,793 grams) of any substance containing hashish, or five hundred (500) or more marijuana plants, regardless of weight. Tenn. Code Ann. 39-17-417 (2007).


If you or someone you know is charged with a Marijuana Offense, please contact a Tennessee Attorney as quickly as possible so that a thorough investigation can be made into the charges.

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August 27, 2007

Tennessee Law - Arson and Aggravated Arson

A charge of arson in Tennessee will have serious consequences attached to the outcome of the case. If you are dealing with an arson or aggravated arson charge in Tennessee, it is very important to consult an experienced attorney. A Tennessee Criminal Law Attorney will help you understand and analyze the charges against you. This will be the first step in getting your life back to order.

According to Tennessee law, a person commits arson when that person knowingly damages any structure by means of fire or explosion:

• without the consent of all persons who have a possessory, proprietary or security interest therein; or

• with intent to destroy or damage any structure to collect insurance for the damage or destruction or for any unlawful purpose.



This type of arson is considered to be a Class C felony in Tennessee. Arson in a place of worship is elevated to a Class B felony. Tenn. Code Ann. § 39-14-301 (2007). Arson may become aggravated in certain situations. According to the Tennessee Code Annotated, an individual commits aggravated arson when that person commits arson:

• With one (1) or more persons present inside; or

• When any person, including firefighters and law enforcement officials, suffers serious bodily injury as a result of the fire or explosion. Tenn. Code Ann. § 39-14-302 (2007).


Aggravated arson is Class A felony. If you’ve been charged with either arson or aggravated arson in Tennesse, consulting an experienced Criminal Lawyer can help you understand your legal options and resolve your situation in the best manner available.

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August 22, 2007

Tennessee Rape

Our Tennessee attorneys understand that being accused of rape can have long-term implications. In the experience of our Tennessee attorneys, a charge of rape can be devestating. Such a charge can adversely affect one's social, economic, and spiritual well-being. Over the weekend, a highly public accusation of rape occurred in Memphis.

A party guest claims she was raped at a weekend pool party, leaving two rookie Bartlett cops fired, one on administrative leave, and a Collierville firefighter charged with sexual battery and rape.

The incident allegedly occurred Sunday, after a Saturday night pool party in the Deermont Park area at the home of Brandon and Carey Faulkner. A guest was escorted home Sunday, when she alleges Brandon Faulkner raped her in her bedroom.

According to Bartlett Police reports, Brandon, a Collierville firefighter, has been charged with assault, sexual battery and rape. His wife, Carey, is a 10-year Bartlett Police officer, and has been suspended with pay pending the outcome of the investigation.

Two other probationary Bartlett officers present at the party were fired due to 'behavior unbecoming to an officer.'

The incident is being investigated by Bartlett Internal Affairs.

Brandon Faulkner is set to attend a bond hearing Wednesday morning at Bartlett Municipal Court.

If you’ve been charged with rape in Tennesse, consulting an experienced Tennessee attorney can help you understand your legal options and resolve your situation in the best way possible.

Source: myfoxmemphis.com

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August 21, 2007

Democractic Lawmaker Assaults Airport Employee

Most people have experienced the frustration of flying. California Representative Bob Filner is no exception. The eight-term encumbent chairs the House Veterans' Affairs Committee, a Committee that has been examining veteran patient care and post-traumatic stress disorders among other issues this term. He allegedly was involved in an altercation with a United Airlines employee at Dulles International Airport Sunday afternoon after his luggage did not arrive in the claims area fast enough.

The Metropolitan Washington Airports Authority police say that Filner attempted to enter an area not authorized to the general public. He then pushed an airport employees outstretched arms and refused to leave.

The employee decided to press charges and appeared before a Loudoun County, Va. magistrate the same evening. Filner is summoned to appear in Loudoun County General District Court on October 2nd to face assault and battery charges. Assault and battery are misdemeanors in Virginia.

Filner is currently on his way to Iraq to visit the troops. His office made a statement late Monday that he would have a full statement about the matter when he returns.

Sources: Foxnews.com
news.yahoo.com


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August 20, 2007

Dogfighting

The Atlanta Falcons quarterback and three other individuals were recently charged with competitive dogfighting, training pit bulls for fighting and conducting the operation across state lines. The operation was named "Bad Newz Kennels," according to the indictment, and the dogs were housed, trained and fought at a property owned by Vick in Surry County, Va. The 19-page federal indictment, filed in the U.S. District Court for the Eastern District of Virginia, alleges the 27-year-old Vick and his co-defendants began the dogfighting operation in early 2001.

Although dogfighting is illegal in every state, the severity of the crime differs among the states. Idaho and Wyoming are in the minority making dogfighting only a misdemeanor. All other states have elevated the crime to a felony. According to Tennessee law, it is unlawful for any person to own, possess, keep, use or train any dog for the purpose of fighting. It is further unlawful to be knowingly present, as a spectator, at any place or building where preparations are being made for an exhibition for such fighting, baiting or injuring of any animal, with the intent to be present at such exhibition, fighting, baiting or injuring. Tenn. Code Ann. § 39-14-203 (2007). Noncompliance with the first section of the statute is a Class E felony unless the violation involves a cock. An offense involving a cock is a class A misdemeanor.

If you are facing a criminal charge in Tennessee, it’s important for you to understand the long-term implications of a conviction. A Tennessee attorney can help you deal with your legal options and bring your situation to the best resolution possible for you and your family.

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