September 28, 2007

Tennessee Law - False Imprisonment and Kidnapping

Tennessee criminal defense attorneys can assist with charges of false imprisonment or kidnapping. Traditionally, kidnapping is thought of as a two step process. You need a kid + a napping or taking, right? This certainly seems logical due to the structure of the word. If you make the reasonable assumption that the legal definition of kidnapping in Tennessee is the same as the traditional view, you would be wrong! To understand the legal definition of kidnapping, you must first understand what false imprisonment is because you can't commit kidnapping without false imprisonment.

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In Tennessee, A person commits false imprisonment (a Class A misdemeanor) when he or she knowingly removes or confines another unlawfully so as to interfere substantially with the other's liberty. Tenn. Code Ann. § 39-13-302 (2007). "Unlawful" means, with respect to removal or confinement, one that is accomplished by force, threat or fraud, or, in the case of a person who is under the age of thirteen or incompetent, accomplished without the consent of a parent, guardian or other person responsible for the general supervision of the minor's or incompetent's welfare. Tenn. Code Ann. § 39-13-301 (2007).

Tennessee recognizes three forms of kidnapping: kidnapping, aggravated kidnapping, and especially aggravated kidnapping. There is also something called custodial interference which will be discussed in a later blog. Kidnapping ( a Class C felony) is false imprisonment plus:

• exposing another person to substantial risk of bodily injury; or
• confining another in a condition of involuntary servitude. Tenn. Code Ann. § 39--13-303 (2007).

"Involuntary servitude" means the condition of a person who is compelled by force, coercion or imprisonment and against the person's will to labor for another, whether paid or not. Tenn. Code Ann. § 39-13-301 (2007). Notice that you could commit kidnapping in Tennessee without a either a kid or a napping. Aggravated kidnapping in Tennessee (a Class B felony) is false imprisonment plus:

• facilitating the commission of any felony or flight thereafter;
• interfering with the performance of any governmental or political function;
• With the intent to inflict serious bodily injury on or to terrorize the victim or another;
• Where the victim suffers bodily injury; or
• While the defendant is in possession of a deadly weapon or threatens the use of a deadly weapon. Tenn. Code Ann. § 39-13-304 (2007).

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Especially aggravated kidnapping is the most serious of the kidnapping offenses. It is considered to be a Class A felony. Especially aggravated kidnapping is false imprisonment plus:

• Accomplished with a deadly weapon or by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon;
• Where the victim was under the age of thirteen at the time of the removal or confinement;
• Committed to hold the victim for ransom or reward, or as a shield or hostage; or
• Where the victim suffers serious bodily injury. Tenn. Code Ann. § 39-13-305 (2007)

Kidnapping cases are complex. Usually, the victim and the offender have a close relationship or are family members. Tennessee criminal defense attorneys know that the circumstances surrounding every kidnapping case are different. Kidnapping attorneys always fight vigorously to defend your rights. If you have been charged with kidnapping, aggravated kidnapping, or especially aggravated kidnapping in Knoxville, Sevierville, Johnson City, or the Chattanooga areas, contact a serious criminal defense today.

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September 27, 2007

Tennessee Law - First Degree Murder

Tennessee homicide lawyers are often asked questions about the different degrees of homicide charges. Homicide charges in the state of Tennessee are considered by many to be the most serious type of criminal offense. Punishments include long incarceration periods and possibly even the death penalty in Tennessee. Even the allegation that you killed another person will significantly affect your employment, family, mental well-being, and perhaps your community.
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Tennessee recognizes seven homicide crimes: first degree murder, second degree murder, voluntary manslaughter, criminally negligent homicide, vehicular homicide, reckless homicide, and assisted suicide. A person can be charged with homicide for killing a viable fetus in Tennessee, but of course medical abortions are still legal.

First degree murder is the highest level of the homicide crimes. A person can be charged with first degree murder three different ways. First degree murder is:

• A premeditated and intentional killing of another;
• A killing of another committed in the perpetration of or attempt to perpetrate any first degree murder, act of terrorism, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect or aircraft piracy; or
• A killing of another committed as the result of the unlawful throwing, placing or discharging of a destructive device or bomb.

Premeditation used in the first bullet is an act done after the exercise of reflection and judgment. Premeditation means that the intent to kill must have been formed prior to the act itself. It is not necessary that the purpose to kill pre-exist in the mind of the accused for any definite period of time. The mental state of the accused at the time the accused allegedly decided to kill must be carefully considered in order to determine whether the accused was sufficiently free from excitement and passion as to be capable of premeditation.

The state gives out the harshest punishment one can receive if you are convicted of first degree murder. A person convicted of first degree murder shall be punished by death, imprisonment for life without possibility of parole, or imprisonment for life. Tenn. Code Ann. § 39-13-202 (2007). If you are charged with first degree murder or any homicide crime, it is important that you contact a Tennessee homicide attorney. Our clients always receive the care and attention they deserve when their record, reputation, and liberty is at stake.

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September 26, 2007

Contraband in Penal Institutions - Tennessee Cell Phones

The Tennessee legislature creates new law and amends existing law each year. The effective date of any changes made may be immediately or could be set for a day in the future. The Ex Post Facto clause of the United States Constitution forbids that these new laws punish criminally an event that occurred before the enactment of the law. The purpose of the Ex Post Facto clause is to provide fair notice of what conduct constitutes a crime. Tennessee criminal defense attorneys must be informed of these constant changes in the law.
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Criminal law in Tennessee changes for a number of reasons. The law could change because the legislature may want to seal up a loophole used by defense attorneys across the state. It changes sometimes because the public demands that certain behavior be deemed illegal. Our state representatives are elected officials and are supposed to be the voice of the public. It changes other times simply to keep up with modern technological advancements. Crimes associated with computers, telecommunications, and certain synthetically created drugs could not be fathomed when our county was founded. Nevertheless, Tennessee law changed in 2006 with respect to cell phones and our jails and prisons.

According to Tennessee law, it us unlawful for any person to knowingly possess any telecommunication device while present in any penal institution where prisoners are quartered or under custodial supervision without the express written consent of the chief administrator of the institution. A violation here is a Class C felony. It is further illegal to knowingly and with unlawful intent take, send or otherwise cause to be taken into any penal institution where prisoners are quartered or under custodial supervision any telecommunication device. A violation here is a Class E felony.

Telecommunication device means any type of instrument, device, machine, or equipment that is capable of transmitting telephonic, electronic, digital, cellular or radio communications, or any part of such instrument, device, machine or equipment that is capable of facilitating the transmission of telephonic, electronic, digital, cellular or radio communications. Telecommunication device includes cellular phones, digital phones, and modem equipment devices. Tenn. Code Ann. § 39-16-201 (2007).

Cell phones are considered to be contraband in penal institutions in Tennessee. The rationale behind this is that the legislature believes that inmates may use the phones to reach out and touch things they shouldn't. Inmates might create and maintain networks of illegal activities or orchestrate the smuggling of other contraband inside prison walls. There is also the fear that inmates might use the phones to harass witnesses and juries or collaborate against prison personnel. If you are charged with contraband in penal institutions, contact a Tennessee criminal defense attorney.

September 24, 2007

Tennessee Accident Points

Tennessee traffic law attorneys help fight to keep your drivers license legal. Keeping your license legal is important because the penalties for driving on a revoked or suspended license are harsh. Once your license is lost, it is usually difficult to get back. Points continue to be applied toward your license even though you don’t have one. If a person is convicted of speeding with a revoked license, he or she loses points for the speeding and points for the driving on revoked. The wait to get your license reinstated becomes longer with each citation received. A person is basically forced to break the law once his or her license is taken.

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The problem is that driving is a necessity in today’s society. Most parts of East Tennessee are rural and spread out. A person must drive in order to function normally and public transportation is inadequate. The public transportation system may not run the correct routes for all daily activities. It becomes a hassle to get groceries, go to work, take the kids to school, and conduct all normal activities of the day. Even if the public transportation system goes where you want to travel, the hours are inconvenient. Any type of public transportation late at night is usually out of the question in East Tennessee. Someone without a license can ask friends and family for rides, but this becomes an annoyance for everyone after time. People finally submit to the rational temptation of driving on a revoked license. This is when he or she gets caught and the time becomes longer for reinstatement of the legal license due to the harsh penalties associated with driving on a revoked.

The best way to avoid this rut is to keep your license legal in the first place. In the last two postings under the traffic laws tab, I discussed other ways that points can be applied toward your license. Points can accrue on your Tennessee license for moving traffic violations, speeding, and accidents. The following list displays how many points an accident in Tennessee will cost you:

• Contributing to occurrence of an accident resulting in property damage (3 points)
• Contributing to occurrence of an accident resulting in bodily injury (4 points)
• Failure to report accident (4 points)
• Contributing to occurrence of an accident resulting in the death of another person (8 points)

Accidents can be costly both in terms of money and points on your license. Points can add up quickly in accidents. Suppose someone traveling 16 m.p.h. over the speed limit is involved in a wreck that causes both bodily injury and property damage. It would cost this fictitious person 4 points for speeding, 4 points for the injury, and 3 points for the property, leaving only 1 point remaining on the license. Tennessee traffic attorneys handle all types of speeding, accident, and moving violations in the Knoxville, Gatlinburg, Sevierville, and Pigeon Forge areas. Keep your license legal by contacting a Traffic lawyer.

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September 21, 2007

Tennessee DUI law - Can I be Charged after 1 Drink?

DUI laws in Tennessee are vast, complex, and technical. A conviction can affect your license, employment, and reputation with your family and community. If you are charged with a DUI or DWI, in the Knoxville, Gatlinburg, Sevierville, or Pigeon Forge areas, then you should contact a Tennessee DUI lawyer. Tennessee DUI attorneys can guide you through the intricate procedural maze of criminal law and force the state to prove its heavy burden under Tennessee law and the United States Constitution. People seemed to be confused about how much a person can drink before he or she is legally allowed to drive in the state of Tennessee. So, can a person legally drive if he or she has had only one drink? The short answer is maybe.

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Under Tennessee law, it is unlawful for any person to drive or be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises which is generally frequented by the public at large, while:

• The alcohol concentration in such person's blood or breath is eight-hundredths of one percent (.08 %) or more; or
• Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system. Tenn. Code Ann. § 55-10-401 (2007).

There are two different avenues the state may pursue to obtain a driving under the influence (DUI) conviction. To find a person guilty under the first definition above, the state must prove beyond a reasonable doubt that the person's blood alcohol content (BAC) equaled or exceeded .08 % at the time he or she drove on public roads. Every state has a different blood alcohol level that constitutes drunk driving so there in not uniformity across state lines. In fact, special interest groups like Mothers Against Drunk Driving (MADD) have successfully lobbied the state legislature into lowering what BAC constitutes DUI in Tennessee.

The state may also pursue a DUI conviction under the second definition. The second definition is completely independent of the first definition. This definition does not refer to any particular BAC. Instead, it focuses on whether the person is “under the influence” of alcohol or a drug while driving on public roads. If the person's driving is impaired by the consumption of alcohol, he or she can be found guilty of DUI.

Instead of presenting BAC evidence to the judge or jury, the prosecution usually admits evidence about the person's driving and alcohol consumption. Witnesses such as police officers describe the illegal driving behavior that caused the vehicle to be pulled over. The state usually presents evidence that the person was not able to perform field sobriety tests. Testimony from other witnesses may be given about how much the person had to drink that day. If the state proves that the person was “driving under the influence” beyond a reasonable doubt, then a person may be convicted for DUI in Tennessee. Alcohol influences all people differently. A person’s impairment for each drink depends upon numerous factors including body weight, how much food was consumed that day, and strength of the drink. If a smaller person becomes impaired due to one drink, then he or she might not be capabe of driving under the statute. If you are charged with DUI in East Knoxville DUI lawyerTennessee, contact a for more information.
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September 19, 2007

Theft of Property in Tennessee

Criminal attorneys in Tennessee understand that a conviction of theft of property will have serious consequences beyond jail and restitution. A conviction will emotionally hurt your family and damage your reputation in the community. Since theft of property is considered to be a crime of dishonesty, a conviction will negatively affect your career, ability to get a job, and capacity to obtain or maintain a professional license. Employers do not like to hire someone if it’s likely the employee will steal from him or her in the future. A conviction will have an impact upon the accused for the rest of his or her life.

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Under the old common law, stealing offenses had specific names for specific types of behavior. For example, embezzlement, false pretense, fraudulent conversion, larceny, larceny by trick, receiving stolen property, and concealing stolen property were are all separate offenses. There were problems compartmentalizing the stealing offenses because the prohibited conduct is so specific. Everyone knew that the defendant was doing something wrong but his or her behavior didn’t fit into one of the stealing categories. Tennessee changed all this in the late 1980’s by consolidating the categories of the stealing crimes into the general definition of theft.

Under present Tennessee law, A person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent. Tenn. Code Ann. § 39-14-103 (2007). The punishment for theft in Tennessee depends upon the value of what is stolen. For example:

• It is a Class A misdemeanor if the value of the property obtained is five hundred dollars ($500) or less;
• It is an E felony if the value of the property obtained is more than five hundred dollars ($500) but less than one thousand dollars ($1,000);
• It is a Class D felony if the value of the property obtained is one thousand dollars ($1,000) or more but less than ten thousand dollars ($10,000);
• It is a Class C felony if the value of the property or services obtained is ten thousand dollars ($10,000) or more but less than sixty thousand dollars ($60,000); and
• It is a Class B felony if the value of the property or services obtained is sixty thousand dollars ($60,000) or more. Tenn. Code Ann. § 39-14-105 (2007).

It is normal to panic when charged with the crime of theft of property. You should be careful before you speak to the arresting officer or store personnel. Innocent remarks are sometimes easily misconstrued and may be used against you later in court. Tennessee criminal lawyers understand that a conviction of theft of property can affect the rest of your life and work diligently for a positive resolution. Tennessee criminal lawyers always personally discuss your priorities and defenses at the early stages of the criminal process so you can make an informed decision about your future. Our office handles theft offenses in the Knoxville, Sevierville, Gatlinburg and Pigeon Forge area.

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September 18, 2007

Probation versus Parole in Tennessee

Tennessee Criminal lawyers understand that any time you receive punishment from a court; you will have questions about its terms and conditions. The judge often uses legal terminology that only lawyers and individuals intimately involved with the court system can understand. One question that is asked with regularity about punishment is the difference between probation and parole.

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Probation is a criminal sentence. In Tennessee, first-time offenders are usually considered for probation. The length of probation and its terms are given at sentencing. Once the person has completed the terms of probation, he or she is free of court supervision. A person’s chances for probation increase significantly if his or her offense was not violent. Someone given probation is usually given a jail sentence that gets suspended or reduced as long as the person follows the conditions of probation. The most common conditions of probation require the individual to keep in touch with a probation officer, work or look for work, go to school, and stay off drugs. Other terms may include going to alcohol or drug-abuse treatment programs, taking drug tests, or attending various educational classes related to the offense committed.

Parole is a way of completing a criminal sentence of incarceration. Typically, the individual has been sentenced to a range of years in prison. After the offender has served the minimum amount of time authorized, the parole board meets to decide if the person is ready to be released from incarceration. This allows the offender to finish out the remainder of his or her sentence outside of prison. Parole boards examine numerous factors in the decision whether to release someone from incarceration. They consider the crime committed, the victim’s perspective, the offender’s progress in prison, whether the prison is crowded, and whether the offender has somewhere to go if indeed released. If parole is satisfactorily completed, the remaining portion of the criminal sentence is discharged.

Both probation and parole may be revoked if the offender seriously violates the terms or conditions. Whatever you are charged with, a Tennessee criminal attorney can help explain in full detail the criminal process. Being charged with a crime is a confusing and frustrating time. We are here to help by serving the Knoxville, Sevierville, Pigeon Forge, and Gatlinburg area.

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September 14, 2007

Knoxville Underage Consumption Persists

Tennessee Attorneys understand that underage consumption is one activity in Tennessee and across the nation that will persist no matter what the warnings or penalties. In Knoxville, most college students at the University of Tennessee do not turn 21 until their junior or sometimes senior year. However, most college freshmen and sophomores have numerous and frequent experiences with alcohol. Whether it’s tailgating at a University of Tennessee football home game, having mixers with other sororities or fraternities, drinking on the strip, or simply hanging out with friends in the dorm or the apartment, alcohol will always be drunk by people under the age of 21.
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There is much scholarly debate as to whether underage consumption should even be a crime for individuals 18 or older. On the one side, alcohol is usually a contributing factor in a young person’s premature death. This is sometimes caused by alcohol poisoning. Other times, it is the young person’s mistake of getting behind the wheel of an automobile and hurting either himself or someone else. People argue that 18 year olds are too immature to handle the affects of alcohol - that is, people say that it’s too much responsibility for an 18 or 19 year old to have.

On the other side, if 18 year olds are mature enough to vote, serve on juries, and die for their county in the military, then people say that they are mature enough to make the correct decisions regarding alcohol. Nevertheless, underage consumption is illegal in the state of Tennessee. According to state law, it is unlawful for any person in Tennessee under the age of twenty-one to purchase, possess, transport or consume alcoholic beverages, wine, or beer. There are two important exceptions to this law:

• Any person eighteen years of age or older may transport, possess, sell, or dispense alcoholic beverages, wine, or beer in the course of such person's employment; and

• Any such priest or minister may utilize and administer alcohol or wine at a communion service, bat mitzvah, bar mitzvah, or other similar religious service or ceremony, in accordance with the practices of such denomination or sect. Tenn. Code Ann. §1-3-113 (2007).

Underage consumption carries stiff penalties in Tennessee. It is considered to be a Class A misdemeanor, the highest level of the three misdemeanors. If you are convicted, you could serve a sentence of up to eleven months and twenty-nine days and a fine up to two thousand five hundred dollars. If you are charged with underage consumption in the Knoxville, Sevierville, Pigeon Forge, Gatlinburg, Maryville, or Johnson City area, it is important to contact a Tennessee Criminal Attorney. We understand the procedures and heavy burdens that the state must prove to convict you of this charge.

September 11, 2007

Speeding Points in Tennessee

Tennessee Lawyers understand that almost everyone who drives will speed at one time or another. There are very few drivers who can truthfully claim that they have never gone in excess of the speed limit during their lifetime. There are all types of different drivers on Tennessee’s roadways. Some drivers speed daily and never get caught. Others rarely speed and are normally cautious, but get an unlucky speeding ticket on a bad day. Drivers seem to know that a point system exist for driving behavior in Tennessee, but do not seem to know exactly what it is. So how does a speeding ticket affect your drivers license?

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Tennessee follows the Problem Driver Pointer System program created by the federal government. Point systems are created to help monitor and promote safety on the road. The way it works in Tennessee is that all drivers start out with zero points on their driving record. You will accrue points on your driving record based upon the offense committed. Points may be charged toward your driving record for speeding, accidents, and moving traffic violations. The severity of the offense determines how many points will be added. If you gain 12 points within a 12 month period, then you should expect to receive a proposed suspension letter from the state. You will normally get a warning if you have 11 points applied toward your driving record. The following list displays how many points a speeding offense will cost you on your Tennessee license:

Where speed not indicated (3 points) . . . . . . . . . . . . . . construction zone (4 points)
1 thru 5 m.p.h. in excess of speed zone (1 point) . . . . . construction zone (2 points)
6 thru 15 m.p.h. in excess of speed zone (3 points) . . . construction zone (6 points)
16 thru 25 m.p.h. in excess of speed zone (4 points) . . construction zone (7 points)
26 thru 35 m.p.h. in excess of speed zone (5 points) . . . construction zone (7 points)
36 thru 45 m.p.h. in excess of speed zone (6 points) . . . construction zone (8 points)
46 m.p.h. and above in excess of speed zone (8 points). . construction zone (8 points)

If you receive a speeding ticket in Tennessee, be careful before you simply pay the fine. You should understand that paying the fine means that you are essentially pleading guilty to the offense of speeding. You should expect that points will be charged according to the above chart. Our Tennessee speeding ticket lawyers handle speeding tickets in the Knoxville, Sevierville, Pigeon Forge, and Gatlinburg area and can help provide a satisfactory resolution.

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September 10, 2007

Speeding Tickets during Car Shows

Tennessee Speeding Ticket Lawyers understand that the facts surrounding every speeding ticket case or other traffic violation is different. Our office handles speeding tickets in the Gatlinburg, Pigeon Forge, Sevierville, and Knoxville area. Speeding is a concern for lawmakers, law enforcement officials, and all motorists. An experienced Tennessee Traffic Attorney can help Tennessee drivers reach the best resolution for their speeding ticket or other traffic violation. People from out-of-town and locals alike receive tickets during large events like Tennessee football games or car shows.

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Every year, thousands of classic cars, trucks and motorcycles come to the Pigeon Forge, Gatlinburg, and Sevierville area. These automobile enthusiasts make Sevier County home to numerous car shows and rod runs. The Spring Grand Rod Run is usually the kick-off event each year in April that starts a new car show season. This past weekend was the Shades of the past Rod Run. The Shades of the past Rod Run is usually held in early September of each year.

Every car show or rod run that comes to Sevier County is usually a success and a great experience for all, except for the heavy traffic. Businesses flourish as the local hotels begin to fill early in the week during event weeks. The area business parking lots are full by the weekend. Car shows bolster the local economy while tourists are able to enjoy our community.

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These events go relatively smoothly except for the traffic along the parkway that becomes very congested. Anytime you have a large quantity of people confined to one location, law enforcement officials will be ready for all situations. They often hand out numerous traffic citations as a result.Before you simply pay the traffic citation or speeding ticket through the mail, consider the consequences associated with simply paying the ticket. This can cause your insurance to go up of put points on your license. Contact a Tennessee Speeding Ticket Attorney today for a free consultation about your specific case.

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September 7, 2007

Knoxville DUI Attorneys Understand the Significance of a DUI Charge

Knoxville DUI attorneys understand the significance of a DUI charge in Tennessee. DUI laws in Tennessee and across the U.S. are constantly changing and everyone is vulnerable. When George W. Bush was thirty years old, he pleading guilty to a driving offense involving alcohol in Kennebunkport, Maine. In September of 1976, a police officer pulled Bush's car to the side of the road because Bush was driving too slowly after consuming a number of beers. His blood-alcohol content was determined to be 0.10, the legal limit at the time.

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Bush simply paid a $150.00 fine and his driving privileges were suspended for one month in Maine. If the most powerful man in the western free-world got into trouble with drinking and driving, then so can your average American. Often, these crimes do not involve malice and are not of moral turpitude. Usually, the standard American simply makes a costly mistake. However, DUI penalties are very stiff in Tennessee and across the nation today.

The laws have changed significantly since the mid 1970’s. Special interests groups like M.A.D.D. (Mothers Against Drunk Drivers) have successfully lobbied and harsher punishments have been enumerated for alcohol-related driving offenses. Publicly elected lawmakers are not likely to turn down legislation maintaining the safety of Tennessee’s roads. This is especially true considering who the legislation would be protecting if legislation is indeed turned down.

In spite of the harsh penalties and negativity associated with drunk drivers, there are ways one charged with an alcohol-related driving offense can fight back. If you are facing a charge of Driving Under the Influence in the Knoxville, Sevierville, Pigeon Forge, or Gatlinburg area, it’s important for you to understand the long-term implications of a conviction. A Tennessee DUI Attorney can help you deal with your legal options and bring your situation to the best resolution possible for you and your family.

September 5, 2007

Klonopin (clonazepam) - A Tennessee Crime

Tennessee drug attorneys focus on the intricate procedures and heavy burdens that the state must prove to vigorously defend against drug charges. Whenever an individual is cited with an offense involving klonopin, it is important to contact a Tennessee drug lawyer so that the Tennessee lawyer can explore all avenues to optimize one’s legal defense.

Klonopin (clonazepam) is a popular drug that is prescribed in East Tennessee. Clonazepam is primarily used to treat seizures and panic disorders within the medical community. Klonopin has a chemical structure similar to valium and xanax. All three drugs are from the class of drugs called the benzodiazepines. Klonopin has a much longer effect compared to both valium and xanax, which increases its recreational popularity.

Klonopin (clonazepam) - A Tennessee Crime

Klonopin has heavy withdrawal complications which is why it must be medically prescribed. Convulsions, hallucinations, behavioral disorders, tremors, and abdominal and muscle cramps are known to occur following abrupt discontinuance of someone dependant upon clonazepam. These severe withdrawal symptoms encourage dependant behavior for illegal users.

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

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

Klonopin 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 (2007).

If you are charged with possession, delivery, manufacture, or selling klonopin, it is important 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.

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