Tennessee Criminal Lawyer Blog

The grand jury is a group of citizens usually selected from the same large group of eligible jurors. The grand jury has several functions. Its primary function is to serve as a check on prosecutorial abuse by screening cases that do not have enough merit to justify continued processing in the criminal justice system. The test is whether there is probable cause to believe that (1) a crime was committed and (2) the defendant committed it.

If the grand jury finds that probable cause is present, a true bill or indictment is issued. If probable cause is not found, a no true bill is returned and the case is dismissed, but often it can be resubmitted to the same or a different grand jury if the prosecution wants to try again for the indictment. Ordinarily, the prosecuting attorney serves as counsel to the grand jury; facilitates the issuance of subpoenas for witnesses, documents, and other physical evidence; prepares cases for it to consider; and may even recommend whether to issue or not issue an indictment.

Another important function of the grand jury is to investigate possible violations of the criminal law. A member of the grand jury, the prosecutor, or a private citizen may suggest that the grand jury investigate a person, place, or business for possible criminal activity. If the grand jury chooses to launch this probe, it may use its power to issue subpoenas to compel people to testify and bring records and other things with them to the grand jury. If the grand jury finds that crimes are being committed, it can issue a presentment, which is a formal allegation that a named person or business has committed a crime. The presentment serves exactly the same function as an indictment. Criminal Procedure: The Post-Investigative Process, Cases And Materials 11-12 (Neil P. Cohen & Donald J. Hall, 2nd ed., Lexis 2000).

If you are charged with a crime in the East Tennessee area, contact a criminal defense lawyer. A criminal defense lawyer will help explain the criminal process applicable in your case.

Tennessee criminal defense attorneys assist clients with a variety of charges throughout East Tennessee. Our lawyers handle criminal cases such as homicide, theft, drug offenses, assault, juvenile cases, DUI’s, and traffic citations in the Johnson City, Newport, Sevierville, Knoxville, Maryville, and Morristown areas. Whenever you are charged with a crime, you must make many important decisions during the criminal process with the guidance of your attorney. Many clients question the difference between certain pleas.

Under Tennessee law, A defendant may plead not guilty, guilty, or nolo contendere. The court shall enter a plea of not guilty if a defendant refuses to plead or if a defendant corporation, limited liability company, or limited liability partnership fails to appear. Tenn. R. Crim. P. RULE 11 (2007)

By pleading guilty, the defendant consents to a judgment of conviction entered without trial. The accused thereby relinquishes the right to be tried by a jury and at that trial the right to confront and cross-examine adverse witnesses, and the right against compelled self-incrimination. Consequently, before accepting a plea of guilty and a waiver of these rights, the court must determine that the accused is acting voluntarily and understands the charges. The plea itself is an admission of guilt and the accepted plea is essentially a criminal conviction.

By pleading not guilty, the defendant requires the government to prove its case, thereby placing in issue each material element specified in the indictment. This plea also preserves many constitutional rights, including the right to jury trial, the privilege against self-incrimination, and the right to confront accusers.

Similar to a plea of guilty, the plea of nolo contendere involves a waiver of the right to a trial of any kind. A nolo plea is a formal declaration that the accused will not contest the charge and it has the same legal effect as a guilty plea in terms of its finality. Therefore, judgement following entry of a nolo contendere plea is a criminal conviction and usually may be admitted as in other proceedings where the fact of conviction has legal significance.

In contrast to the plea of guilty, however, the legal consequences of a nolo plea are different in one critical respect. The nolo plea usually may not be used in a later civil case as proof of the fact that the defendant committed the offense. That is, the plea of nolo may not be used as direct evidence of liability in a civil suit. This feature explains why a person facing both civil and criminal proceedings might prefer to plead nolo contendere to resolve the criminal matter without compromising the subsequent civil proceeding. Criminal Procedure: The Post-Investigative Process, Cases And Materials 11-12 (Neil P. Cohen & Donald J. Hall, 2nd ed., Lexis 2000).

The accused does not have an absolute right to plead nolo contendere. Your criminal defense attorney will further discuss the implications of how you should plea in your particular case.

Tennessee criminal defense lawyers understand that the criminal procedures may be confusing. Tennessee criminal defense attorneys have helped many clients in different areas including homicide, drugs, DUI, assault, juvenile cases, and traffic citations. Whenever you are charged with a crime, you always want to be informed about the different stages of the criminal process.

A criminal accused is usually entitled to a preliminary hearing. A preliminary hearing is an adversary proceeding presided over by a judge without a jury. A criminal defense attorney and a prosecutor are present at the preliminary hearing. The usual purpose of this hearing is to determine whether there is probable cause to believe that (1) a crime was committed and (2) the accused committed it. This probable cause determination is designed to ensure that citizens do not have to endure the rigors and expenses of a criminal trial when there is not enough proof to satisfy the minimal probable cause standard.

Whether a particular defendant is entitled to a preliminary hearing may depend on the particular procedural posture of the case. If probable cause is found at the preliminary hearing, the case is bound over or transferred to a grand jury. If probable cause is not found, the case is dismissed but ordinarily can be brought again before the same or a different judge or can sometimes be presented to the grand jury anyway. If the grand jury issues an indictment, the case will be scheduled for trial.

Because the probable cause standard is quite low, only rarely is probable cause not found. Accordingly, often defense counsel will not make a serious effort to use the preliminary hearing to have all or some of the charges dismissed. Instead, the defense lawyer will sometimes focus on discovering information about the prosecution’s case. Although the defense has the option of calling witnesses, usually the defense will call no witnesses and instead will spend its time cross-examining prosecution witnesses to discover their knowledge of the case. This enables the defense to learn something about the prosecution’s case without disclosing much, if anything, about the defense’s strategy and proof. Criminal Procedure: The Post-Investigative Process, Cases And Materials 11-12 (Neil P. Cohen & Donald J. Hall, 2nd ed., Lexis 2000).

If you are charged with a crime in Tennessee, contact a criminal defense attorney. A criminal defense attorney will explain the different procedural avenues applicable in your case. Our offices handle criminal cases in Knoxville, Sevierville, Pigeon Forge, Gatlinburg, Maryville, Newport, Johnson City, and Morristown.

Tennessee traffic citation attorneys handle traffic related problems from people of all ages. In 2001, Tennessee initiated a graduated driver license program for those under the age of 18. Motor vehicle crashes are a major cause of death for people aged 15 to 18. The purpose of this program was to incrementally teach young drivers how to drive by guiding their progression toward unrestricted driving.

The way that this program works is that there are 4 stages involved in obtaining the unrestricted Class D license. First, the young driver must obtain a learner permit by passing a standard exam and visual tests. In order to qualify for the learner permit, the applicant must be at least 15 years old. Someone at least 21 years old with a valid driver license must always sit in the front seat. The learner permit may only be used between the hours of 6 A.M. and 10 P.M., and all passengers between ages 4-17 are required to wear a seat belt. The applicant must have the learner permit for 180 days before applying for an intermediate restricted license, the next stage of this program.

There are two intermediate license levels. First, is the intermediate restricted license. In order to qualify, the applicant must be 16 years old and pass another driving test. The driver can not have 6 points on his or her driving record during the immediate 180 days preceding the application. The applicant must have verification from a parent, legal guardian, or driving instructor stating that the applicant has undergone 50 hours of driving experience including ten hours of night time driving. Once the intermediate restricted license is issued, all passenger between the ages of 4-17 are required to wear a seat belt. Those with an intermediate license can only have one other passenger in the vehicle, but there are exceptions to this rule. Those with an intermediate license are prohibited from driving between the hours of 11 P.M and 6 A.M., but there are exceptions here as well.

The intermediate unrestricted license is the next step in the graduated program. To qualify for this license, the applicant must be at least 17 years old and have held an intermediate restricted license for one year. The applicant must not have accumulated more than 6 points on the driving record; had a traffic accident that was his or her fault; or have two seatbelt violations.

The final level of the graduated program is the regular driver license. An applicant may obtain a Class D license when he or she is 18 years old, or upon graduating from high-school or obtaining the GED. Speeding tickets, moving violations, certain non-moving violations, and accidents will reduce the time in obtaining a Class D license for minors. If you receive a traffic citation, contact a Tennessee traffic attorney. Tennessee traffic attorneys can help you hold or obtain your license. Our office handles speeding tickets and other traffic citations in Cocke County, Newport, Sevierville, Knoxville, Maryville, Morristown, and Dandridge.

The criminal and civil trial lawyers at Baker Associates are dedicated to serving the people of Tennessee. The negativity surrounding E. coli has been the recent topic of many news reports and discussions throughout Tennessee and the nation.

First, there was the multi-state outbreak of E. coli O157:H7 infections from spinach. The FDA announced that all spinach implicated in the outbreak was traced back to Natural Selection Foods LLC of San Juan Bautista, California. This determination was based on epidemiological and laboratory evidence obtained by multiple states and coordinated by the Centers for Disease Control and Prevention. The 26 affected states were: Arizona (7), California (2), Colorado (1), Connecticut (3) Idaho (4), Illinois (1), Indiana (9), Kentucky (8), Maine (3), Maryland (3), Michigan (4), Minnesota (2), Nebraska (9), Nevada (1), New Mexico (5), New York (11), Ohio (25), Oregon (6), Pennsylvania (9), Tennessee (1), Utah (17), Virginia (2), Washington (3), West Virginia (1), Wisconsin (49), and Wyoming (1). In addition, Canada had one confirmed case.

After the E. coli spinach scare, taco-bell was host to numerous E. coli O157:H7 infections. The Centers for Disease Control and Prevention reported that the number of people infected with the dangerous O157:H7 strain was more than 70. Most of those cases have been linked to Taco Bells in New Jersey, New York, Pennsylvania and Delaware.

Infection with E. coli O157: H7 causes diarrhea, often bloody. Although most healthy adults can recover completely within a week, some people can develop hemolytic uremic syndrome (HUS), a form of kidney failure. HUS is most likely to occur in young children and the elderly. The condition can lead to serious kidney damage and even death.

Now, the USDA issued a notice about a recall of 21.7 millions pounds of frozen ground beef patties due to E. coli O157: H7 contamination. Only time will tell how many people are injured this time. The corporations that sell these contaminated products are often sued civilly.

Although civil suits may help the victims and family members financially, the responsible people should not be able to hide behind the corporate shield of liability. The companies who profit from the sale of all consumer goods including food products must be held to the highest standards. Food is a necessity, not a luxury. E. coli O157: H7 harms people, and the legislature should consider holding these wrongdoers criminally responsible.

Baker Associates is committed to fighting to protect families and their children. If you or your family has been injured by E. coli O157, consult with one of our attorneys. Our E. coli lawyers handle E. coli cases across Tennessee including Knoxville, Nashville, Memphis, Johnson City, Morristown, Maryville, and Sevierville.

Tennessee theft lawyers understand that any theft charge is serious. Unlike most drug offenses or alcohol-related offenses, theft is considered to be a crime of dishonesty and of ill-moral turpitude. A conviction of any theft offense can be harmful for future employment purposes, negatively affect your standing in the community, and may include incarceration time. Employers are not likely to hire employees that they can’t trust, and many employers do background checks. The best way to minimize the unwanted affects for a conviction of any theft offense is to contact a Tennessee theft attorney as soon as you are charged with theft.

Under the old common law in Tennessee, there were numerous “stealing crimes.” Some names for these crimes include larceny, larceny by trick, false pretense, embezzlement, and so on. All of these crimes eventually got consolidated into the crime of “theft” in Tennessee. However, Tennessee retained the distinct nature of extortion. Extortion is very close to stealing since the offender is obtaining property that does not belong to him by illegal means. Under Tennessee law, a person commits extortion (a Class D felony)
who uses coercion upon another person with the intent to:

• Obtain property, services, any advantage or immunity; or
• Restrict unlawfully another's freedom of action.

It is an affirmative defense to prosecution for extortion that the person reasonably claimed:

• Appropriate restitution or appropriate indemnification for harm done; or
• Appropriate compensation for property or lawful services. Tenn. Code Ann. § 39-14-112 (2007).

The word coercion is important in the legal definition of extortion. Coercion is what distinguishes extortion from theft. “Coercion" means a threat, however communicated, to:

• Commit any offense;
• Wrongfully accuse any person of any offense;
• Expose any person to hatred, contempt or ridicule;
• Harm the credit or business repute of any person; or
• Take or withhold action as a public servant or cause a public servant to take or withhold action. Tenn. Code Ann. § 39-11-106 (2007).

The behavior that constitutes extortion can be “blackmail” among other things. The “appropriate restitution” defense to extortion encompasses situations that arise daily. For example, the harmed party in an automobile accident may threaten to sue the negligent party without being held criminally accountable for extortion. If you have been charged with extortion in Knoxville, Sevierville, Johnson City, Morristown, or Maryville, contact a Tennessee theft attorney.

Tennessee juvenile attorneys assist individuals under the age of majority with delinquency charges. Tennessee juvenile lawyers handle these cases in Knoxville, Sevierville, Gatlinburg, Pigeon Forge, Maryville, Dandridge, Newport, Johnson City, Kingsport, Bristol, Greenville, and the Morristown areas. Juvenile attorneys understand that delicate issues are involved when dealing with children and the legal system.

Parents, grandparents, siblings, teachers, and friends become worried when a juvenile is charged as being delinquent. Whether the charges are due to drugs, driving behavior, or violence, juvenile attorneys can help. The legal system recognizes to a degree that children inevitably make mistakes due to inexperience. Certain mistakes should not follow the child into adulthood and be used against the child for future purposes.

There are many issues involved when a child is charged as being a delinquent. The term juvenile delinquency generally refers to criminal acts committed by individuals that have not yet reached the age of majority. Juvenile delinquent acts could involve violent or non-violent behavior. There is much scholarly debate as to whether the state should punish these acts criminally.

All states treat juveniles differently. The way it works in Tennessee is that all delinquent proceedings will start out in a special court known as juvenile court. The case may never leave this special court and be ultimately resolved there. A resolution in juvenile court has legal implications that may benefit the child for future purposes. Not all the cases will be resolved in juvenile court and many will be transferred to criminal court where the child will be treated like an adult depending upon the circumstances.

Whether or not a case gets transferred to criminal court is complicated. If you or someone you know are charged with delinquency in Tennessee, contact a Tennessee juvenile lawyer. Tennessee juvenile attorneys help guide the child through the legal process while attempting to get his or her life back on the right path.

Tennessee homicide attorneys provide aggressive representation for clients charged with any of the eight homicide offenses recognized in Tennessee. The penalty for any homicide crime is significant. Tennessee homicide lawyers understand how important these charges are and will fight for you at every stage of the legal proceeding.

Many negative connotations are associated with the word homicide. Not all homicides are committed with malicious intent. This is often the case in vehicular homicide cases. According to Tennessee law, vehicular homicide is the reckless killing of another by the operation of an automobile, airplane, motorboat or other motor vehicle, as the proximate result of:

• Conduct creating a substantial risk of death or serious bodily injury to a person;
• As the proximate result of conduct constituting the offense of drag racing; or
• By the driver's intoxication. Intoxication includes alcohol intoxication, drug intoxication, or both.

Vehicular homicide under the first two bullets is considered to be a Class C felony. Vehicular homicide under the last bullet is a Class B felony. Not only does the accused face jail time, the court will take away driving privileges if convicted of a vehicular homicide charge. The court shall prohibit a defendant convicted of vehicular homicide from driving a vehicle in Tennessee for no less than three years or more than ten years. Tenn. Code Ann. § 39-13-213 (2007).

Vehicular homicide can become aggravated in certain circumstances. Aggravated vehicular homicide is vehicular homicide, as discussed above where:

• The defendant has two or more prior convictions for:
A) DUI; B)Vehicular assault; C) or a combination of the two.
• The defendant has one or more prior convictions for the offense of vehicular homicide; or
• There was, at the time of the offense, .20% or more, by weight of alcohol in the defendant's blood and the defendant has one prior conviction for:
A) DUI; or B) Vehicular assault.

The term prior conviction here means an offense for which the defendant was convicted prior to the commission of the instant vehicular homicide and includes convictions occurring prior to July 1, 1996. The term prior conviction could also include convictions under the laws of another state, government, or country depending upon the circumstances.

Aggravated vehicular homicide is a serious charge in Tennessee. It is a Class A felony, the highest level of felonies. If you are charged with vehicular homicide, aggravated vehicular homicide, or another homicide charge, contact a Tennessee homicide lawyer. Tennessee homicide attorneys assist clients in the Knoxville, Sevierville, Johnson City, Greenville, Maryville, Bristol, and Kingsport areas.

Any homicide charge is a life altering experience. If you are charged with a homicide in Tennessee, contact a Tennessee homicide lawyer. Tennessee homicide attorneys can assist you during this difficult time. Tennessee homicide lawyers are experienced in this area of law and understand the difficulty the accused faces. The accused must deal with the traumatic experience of killing another, unwanted publicity, losing employment, and perhaps jail time.

There are seven homicide crimes under Tennessee law: assisted suicide, criminally negligent homicide, reckless homicide, vehicular homicide, voluntary manslaughter, second degree murder, and first degree murder. This blog will discuss criminally negligent homicide and reckless homicide. The difference between the two is the degree of culpable mental states.

According to Tennessee law, criminally negligent conduct that results in death constitutes criminally negligent homicide. Tenn Code Ann. § 39-13-212 (2007) "Criminal negligence" refers to a person who acts with criminal negligence with respect to the circumstances surrounding that person's conduct or the result of that conduct when the person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint. Tenn. Code Ann. § 39-11-302 (2007).

Criminally negligent homicide is an offense which is new to Tennessee. It replaces involuntary manslaughter. The culpable mental state for criminally negligent homicide is very different than simple negligence under tort law. Rather, criminal negligence requires "a substantial and unjustifiable risk" and the risk must be of such a nature and degree that "the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the person's standpoint."

Criminally negligent homicide is a Class E felony. Reckless homicide is defined under Tennessee law as the reckless killing of another and is considered a Class D felony. Tenn Code Ann. § 39-13-215 (2007) "Reckless" refers to a person who acts recklessly with respect to circumstances surrounding the conduct or the result of the conduct when the person is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint. Tenn. Code Ann. § 39-11-302 (2007).

The mental state of reckless is somewhere between negligence and intentional conduct under criminal law. Recklessness is higher than negligence, but lower than intentional conduct. If you have been charged with a homicide crime in Tennessee, contact a Tennessee homicide attorney. Tennessee homicide attorneys handle homicide cases in Sevierville, Knoxville, Morristown, Johnson City, Chattanooga, Greenville, Newport, Kingsport, Bristol, and Maryville.

Tennessee criminal defense lawyers can help if you are charged with robbery in Tennessee. Robbery cases sometimes present special challenges to prosecutors. Most robberies happen after dark. If there are witnesses, they may be unclear as to what they have seen. Surveillance camera evidence is often grainy and unclear. In addition, Robbery crime scenes usually are not secured with the same degree of care compared to homicide investigations. As a result, important evidence could be mishandled.

Many people do not know the differences between the conduct that constitutes robbery, theft, and burglary. These crimes all seem to be some form of stealing. Robbery is simply a knowing theft plus violence or fear. Under Tennessee law, robbery is the intentional or knowing theft of property from the person of another by violence or putting the person in fear. Tenn. Code Ann. § 39-13-401 (2007).

"Intentional" refers to a person who acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result. "Knowing" refers to a person who acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. A person acts knowingly with respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result. Tenn. Code Ann. § 39-11-302 (2007).

Tennessee takes robbery offenses seriously as robbery is considered a Class C felony. Robbery can be elevated in two circumstances to aggravated robbery or especially aggravated robbery. According to Tennessee law, Aggravated robbery is robbery 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; or

• Where the victim suffers serious bodily injury. Tenn. Code Ann. § 39-13-402 (2007).

Aggravated robbery is a Class B felony. Especially aggravated robbery is robbery plus:

• Accomplished with a deadly weapon; and

• Where the victim suffers serious bodily injury. Tenn. Code Ann. § 39-13-403 (2007).

Especially aggravated robbery is a Class A felony, the most serious type of felony under Tennessee law. The difference between aggravated robbery and especially aggravated robbery is that especially aggravated robbery requires both the use of a deadly weapon and serious bodily injury; whereas, aggravated robbery only requires use of a weapon or serious bodily injury. If you are charge with robbery; aggravated robbery, or especially aggravated robbery in Tennessee, contact a Tennessee robbery lawyer. Our robbery attorneys handle these types of cases in the Knoxville, Sevierville, Chattanooga, and Johnson City areas.

Tennessee traffic ticket attorneys help keep your license in good standing. Most drivers are going to receive a traffic citation at some point. Driving is one of those activities that people must do almost every day and it is important to keep your record clean. A conviction can add points to your drivers license and increase your insurance premiums.

Many people travel through the East Tennessee area. Gatlinburg is the gateway to the Great Smokey Mountains National Park (GSMNP), which boasts over nine million tourists annually and is the most visited park in the National Park System. Pigeon Forge and Sevierville are popular tourist destinations. Knoxville is a modern Appalachian city with two major interstates, I-40 and I-75, running through the heart of the city. With so many people visiting East Tennessee, speeding tickets and traffic citations will inevitably be given.

If you are from another state, be careful before leaving Tennessee without handling unpaid traffic citations. Tennessee takes unpaid traffic citations seriously. Tennessee is a member of the Non-Resident Violator Compact (NRVC). The purpose of the NRVC is to standardize methods used by different jurisdictions to process non-resident violators receiving citations, and their failure to appear or otherwise failure to comply with outstanding moving traffic summons.

The NRVC allows participating jurisdictions to inform each other's motor vehicle administrations when a resident of one jurisdiction did not comply with the citation’s terms. Once the home jurisdiction motor vehicle administrator receives notice of a resident’s citation noncompliance, the procedure for license suspension is initiated.

The NRVC forces motorists to appear in court to answer the citation or meet any other requirement the court mandates to satisfy the citation. A suspension will remain in effect until the court notifies Tennessee that the citation has been properly disposed of. If you have been charged with speeding or a moving traffic violation, contact a Tennessee traffic citation lawyer. Our office handles speeding tickets and other moving violations in the Knoxville, Pigeon Forge, Gatlinburg, Newport, and Dandridge areas.

Tennessee criminal defense lawyers help clients with many different charges and citations. Tennessee defense attorneys have handled everything from homicide cases down to speeding tickets. Any type of criminal charge is serious. If you are charged with a crime or citation in the Knoxville, Gatlinburg, Pigeon Forge, or Sevierville areas, contact a Tennessee criminal defense attorney.

Although evidence in a court of law can be introduced many different ways, testimony is probably the most common form. Courts take perjury seriously because it can be used to usurp the power of the courts. Perjury can happen not only in criminal proceedings, but in civil proceedings as well. Tennessee has basically three different perjury offenses: perjury, aggravated perjury, and subornation of perjury. According to Tennessee law, perjury occurs when a person, with intent to deceive:

• makes a false statement, under oath;
• makes a statement, under oath, that confirms the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; or
• makes a false statement, not under oath, but on an official document required or authorized by law to be made under oath and stating on its face that a false statement is subject to the penalties of perjury. Tenn. Code Ann. § 39-16-702 (2007).

"Oath" means a solemn and formal undertaking to tell the truth and includes an equivalent affirmation permitted by law as a substitute for an oath administered by a person authorized by law to take statements under oath. Tenn. Code Ann. § 39-16-703 (2007).

Perjury is basically lying under oath or on an official document. It is a Class A misdemeanor under normal circumstances. It is elevated to a Class E felony if committed on an application for a handgun carry permit or on a sexual offender registration form. Perjury can be aggravated under certain circumstances. According to Tennessee law, aggravated perjury (a Class D felony) is perjury plus:

• the false statement is made during or in connection with an official proceeding; and
• the false statement is material. Tenn. Code Ann. § 39-16-703 (2007).

It is not a defense that the person mistakenly believed the statement to be immaterial. However, it is a defense to aggravated perjury that the person retracted the false statement before completion of the testimony at the official proceeding during which the aggravated perjury was committed. Tenn. Code Ann. § 39-16-704 (2007).

"Material" means the statement, irrespective of its admissibility under the rules of evidence, could have affected the course or outcome of the official proceeding. "Official proceeding" means any type of administrative, executive, judicial, or legislative proceeding that is conducted before a public servant authorized by law to take statements under oath in that proceeding. Tenn. Code Ann. § 39-16-701 (2007).

The main difference between perjury and aggravated perjury is the importance of the testimony. If the deceptive testimony could affect the outcome of the case, then the offense is aggravated perjury.

There is also something called subornation of perjury under Tennessee law. Subornation of perjury occurs when someone, with the intent to deceive, induces another to make a false statement constituting perjury or aggravated perjury. Subornation of perjury is a Class A misdemeanor; whereas, subornation of aggravated perjury is a Class E felony. Tenn. Code Ann. § 39-16-705 (2007). If you have been charged with perjury, aggravated perjury, subornation of perjury, or any other crime under Tennessee law, contact a Tennessee criminal defense lawyer.

Tennessee homicide lawyers understand that homicide cases are emotionally compelling crimes. The emotional reaction of the defendant that induced the killing is the focus of voluntary manslaughter in Tennessee.

Strong emotions surround the family and friends of the victim, the community, and the defendant in homicide cases. The victim’s family and friends often have strong feelings towards the defendant regardless of innocence. They may not be able to see past evidence that tends to exculpate the defendant. This certainly seems normal as we are all emotional beings and the death, especially the unexpected death of a family member or friend, has a strong effect.

A homicide case further impacts the community where the crime occurred. Most of the time here in Tennessee, homicide cases are highly publicized. Television stations, newspapers, and radio stations cover these stories because they are issues of great public concern. Many people in the community will have strong feelings on what happened and what the punishment should be.

The defendant also usually has strong emotions both before and after the occurrence. After the event, the accused may feel great remorse and shame. The voluntary manslaughter statute in Tennessee focuses on the defendant’s emotions before the killing. According to Tennessee law, voluntary manslaughter (a Class C felony) is the intentional or knowing killing of another in a state of passion produced by adequate provocation sufficient to lead a reasonable person to act in an irrational manner. Tenn. Code Ann. § 39-13-211 (2007).

There usually is a fine line between first degree murder and voluntary manslaughter. The state legislature recognizes that there are certain events that would cause a reasonable man to commit murder without “cooling off.” The defendant's "passions" must be produced by "adequate provocation" which would lead a "reasonable person" to act in an “irrational manner” in order to mitigate to voluntary manslaughter. If the state proves a premeditated and deliberate killing of another, meaning that the state has proven the absence of passion or provocation, then, the defendant should be adjudged guilty of first degree murder.

A common example of voluntary manslaughter in Tennessee occurs when a spouse comes home and finds her marital partner in bed having sex with another. Another example might be when someone retaliates from physical force of another and that retaliation results in death. There are two important concepts that are often misunderstood about voluntary manslaughter. First, there must be no cooling off period. The event must cause the killing almost immediately. It must be the type of event that causes a reasonable person to behave irrationally. Secondly, if the defendant qualifies, he or she is still guilty of voluntary manslaughter and is not relieved of criminal liability. Usually, first or second degree murder is simply mitigated to voluntary manslaughter. If you have been charged with any of the homicide charges in Tennessee, contact a Tennessee homicide lawyer.

Tennessee traffic citation lawyers often help not only people from Tennessee, but citizens from across the country. Tennessee traffic citation lawyers handle speeding tickets and other moving violations in the Knoxville, Sevierville, Maryville, Newport, and Gatlinburg areas.

East Tennessee has a lot of traffic traveling through the area. Pigeon Forge, Gatlinburg, and the Great Smokey Mountains National Park (GSMNP) are popular tourist destinations. The GSMNP boasts over nine million tourists annually and is the most visited park in the National Park System. In addition, Knoxville is a modern Appalachian city with I-40 and I-75 running through the heart of the city.

The United States Constitution gives every state certain inherent police powers. Part of the police power is to regulate the rules and regulations of the road as long as these regulations and rules do not violate, and are consistent with other constitutional provisions. The most common constitutional provisions that affect the police power are the Commerce Clause and the Supremacy Clause, but this list is certainly not exhaustive.

The states can regulate their own roads to a degree, and this includes the punishment for violating the regulations of the roads. This is why all states have different speed limits, penalties, and point systems. Some states have harsher penalties for speeding and other moving traffic violations than others. North Carolina drivers should be aware that their point system is different than the point system in Tennessee. If a North Carolina driver gets a speeding ticket in Tennessee, it could affect the North Carolina driving record.

The North Carolina license will be revoked for at least 30 days if the driver is convicted while:
• driving any vehicle more than 15 mph over the speed limit, if you are driving at a speed higher than 55 mph.

The North Carolina license will be taken for 60 days if the driver is convicted of:
• a second charge of speeding over 55 mph and more than 15 mph above the speed limit within one year; or
• speeding plus reckless driving on the same occasion.

The North Carolina DMV may suspend your license for:
• Two convictions of speeding over 55 mph during the same year;
• One conviction of speeding over 55 mph and one conviction of reckless driving within a year;
• A conviction of willful racing with another motor vehicle, whether it is pre-arranged or unplanned.
• A suspended court sentence or part of a sentence mandating that you must not operate a motor vehicle for a specified period of time; and/or
• A conviction for speeding over 75 mph.

Tennessee Speeding Ticket Lawyers have helped many North Carolina residents retain their North Carolina licenses for speeding and other moving traffic violations committed in Tennessee. Tennessee Speeding Ticket attorneys understand that your point system is different than the point system in Tennessee and will help fight for your rights. If you have been cited with speeding in East Tennessee, contact a Tennessee Speeding ticket attorney.

Tennessee homicide attorneys provide aggressive representation for clients charged with killing another through their own intentional, reckless, or negligent conduct. The penalties for a conviction on any of these charges are severe. Tennessee homicide lawyers understand what is at stake and will fight for your rights at every opportunity.

Tennessee homicide lawyers help defend against charges of first degree murder, second degree murder, voluntary manslaughter, criminally negligent homicide, vehicular homicide, reckless homicide, and assisted suicide throughout Tennessee including Knoxville, Sevierville, Chattanooga, and Johnson City. First degree murder is the most serious type of homicide charge and has been discussed in a prior blog. Just below first degree murder is second degree murder in the homicide hierarchy. Second degree murder is a Class A felony. According to Tennessee law, second degree murder is:

• A knowing killing of another; or
• A killing of another that results from the unlawful distribution of any Schedule I or Schedule II drug, when the drug is the proximate cause of the death of the user.

If the defendant knowingly engages in multiple incidents of domestic abuse, assault or the infliction of bodily injury against a single victim, the trier of fact may infer that the defendant was aware that the cumulative effect of the conduct was reasonably certain to result in the death of the victim, regardless of whether any single incident would have resulted in the death. Tenn. Code Ann. § 39-13-210 (2007).

The second bullet is unusual in many states but remains the law here in Tennessee. If someone deals a schedule I or II drug that results in the death of another, then he or she may be charged with second degree murder regardless of intent. If you have been arrested or charged with killing another, you probably feel devastated. You perhaps have begun to build your own prison of guilt. You must remember that you have rights and those rights should be protected. Tennessee homicide attorneys will help you protect those rights.