Tennessee Criminal Lawyer Blog

Tennessee criminal defense lawyers handle all types of cases including evading arrest charges. It is important to contact a competent, diligent, and experienced defense attorney once you have been charged with any crime. Our criminal defense lawyers defend clients from traffic citations to complicated felony matters in the East Tennessee area.

Most of the time, a charge of evading arrest will accompany some other criminal charge. There are actually two types of evading arrest offenses under Tennessee law. You could be charged with either felony evading arrest or misdemeanor evading arrest. The difference between the two evading arrest offenses depends upon how you attempt to flee.

The misdemeanor evading arrest statute states that it is unlawful for any person to intentionally flee by any means of locomotion from anyone the person knows to be a law enforcement officer if the person:

• Knows the officer is attempting to arrest the person; or
• Has been arrested. Tenn. Code Ann. § 39-16-603 (2007).

The felony evading arrest statute states that it is unlawful in Tennessee for any person, while operating a motor vehicle on any street, road, alley or highway in this state, to intentionally flee or attempt to elude any law enforcement officer, after having received any signal from the officer to bring the vehicle to a stop. Tenn. Code Ann. 39-16-603 (2007).

Felony evading arrest is considered to be a Class E felony. If the flight or attempt to elude creates a risk of death or injury to innocent bystanders or other third parties, it is a Class D felony. The difference between the two statutes comes down to whether a person flees by automobile or not. If you are charged with evading arrest in Tennessee, contact a Tennessee Criminal defense lawyer. Our lawyers travel to Knoxville, Sevierville, Newport, Johnson City, Chattanooga, Alcoa, Morristown, and Gatlinburg.

Tennessee Traffic Lawyers know how important a clean driving record can be. If you receive a moving traffic violation, you risk losing your drivers license, paying high fines, and steep increases in your insurance premiums. In some extreme cases, you could even face the possibility of jail time. Our Tennessee traffic citation attorneys handle all types of moving violations in the East Tennessee area.

You will accrue points on your driving record based upon the traffic violation committed. Points can be added for moving traffic violations, speeding, accidents, and certain criminal offenses. Some offenses are more serious and your license can be suspended or revoked if you commit one or more of the serious offenses. Our office frequently defends clients charged or cited with:

• Speeding excessively
• DUI
• Driving on revoked
• Driving on suspended
• Reckless driving
• Improper passing
• Following to closely
• Driving a CMV without obtaining a CDL
• Driving a CMV without a CDL in the driver’s possession
• Log book violations
• Move-over-law

If you receive a moving violation, 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. Contact one of our Tennessee speeding ticket lawyers if you have been cited or charged with a traffic violation in Knoxville, Sevierville, Pigeon Forge, Gatlinburg, Newport, Maryville, Morristown, Jefferson City, and Dandridge.

Tennessee white-collar criminal defense attorneys represent clients in investigations by state or federal grand juries, administrative agencies, criminal enforcement proceedings, trials, and related complex civil litigation matters.

White-collar crime is a broad term that covers a variety of nonviolent crimes. Most of these crimes are alleged to involve cheating or dishonesty in some form or another. Examples of white-collar crime include money laundering, insider trading, criminal RICO, fraud, environmental crimes, bribery, embezzlement, forgery, price fixing, perjury, tax evasion, and kickbacks.

Most White-collar offenses are federal crimes. If personnel from one or more of the following federal agencies have questioned you, you may be under investigation for a white-collar crime:

• The Securities and Exchange Commission
• The United States Postal Service
• The Federal Bureau of Investigation
• The United States Treasury
• The Internal Revenue Service
• U.S. Citizenship and Immigration Service

Tennessee white-collar defense lawyers attempt to resolve allegations during the investigatory phase. If criminal charges are brought, our criminal defense attorneys have extensive litigation and trial experience in both Tennessee and US federal courts. If you are under investigation, or are being charged with a white collar crime, contact a Tennessee white-collar defense attorney. All initial consultations are free of charge.

Tennessee narcotic attorneys can help you understand the complex legal issues that surround your drug charges. Our criminal defense lawyers fully investigate the particular circumstances of each and every case. Our narcotic defense attorneys have dealt with many types of drug charges, including methamphetamine charges.

There are many street names for methamphetamine, such as “meth,” "speed,” and "chalk." Methamphetamine hydrochloride resembles ice and consists of clear chunky crystals that are inhaled by smoking. Methamphetamine hydrochloride is referred to as "ice," "crystal," "glass," and "tina."

Methamphetamine can be taken three different ways. It can be taken by snorting the powder, by needle injection, or by smoking. Abusers become addicted quickly, and there is a severe methamphetamine problem throughout the southern states. At this time, the most effective treatments for methamphetamine addiction are behavioral therapies such as cognitive behavioral and contingency management interventions.

Methamphetamine is considered to be a Schedule II controlled substance under Tennessee law. In Tennessee, it is an offense for someone to knowingly:

Manufacture methamphetamine;

Deliver methamphetamine;

Sell methamphetamine; or

Possess methamphetamine with intent to manufacture, deliver or sell methamphetamine.

The penalties for methamphetamine violations are severe. The penalty depends upon the amount of methamphetamine involved in the offense. If you violate the above, and the amount of methamphetamine involved is point five (.5) grams or more of any substance containing methamphetamine, then the violation is a Class B felony. Tenn. Code Ann. § 39-17-417 (c)(1) (2007). Class B felonies are punishable between eight and thirty years incarceration. In addition, you could be fined up to one hundred thousand dollars ($100,000).

If you violate the above, and the amount of methamphetamine involved is point five (.5) grams or less of any substance containing methamphetamine, then the violation is a Class C felony. Tenn. Code Ann. § 39-17-417 (c)(2)(a) (2007). Class C felonies are punishable between three and fifteen years incarceration. The maximum fine remains at one hundred thousand dollars ($100,000).

If the offense involves less than point five (.5) grams of methamphetamine, but the defendant carried or employed a deadly weapon or the offense resulted in death or bodily injury to another person, the offense is a Class B felony. If you have been charges with the manufacture, delivery, selling, or possession of methamphetamine, contact a Tennessee narcotics attorney. Our lawyers handle drug cases in the East Tennessee area including Sevierville, Knoxville, Newport, Maryville, Loudon, Morristown, and Johnson City.

Burglary cases often involve many complex issues. If you are charged with Burglary in Tennessee, contact a defense attorney. Our Tennessee criminal defense lawyers will assess your case and discuss the legal ramifications of any important decisions you must make.

Under the old days, the burglary statutes in Tennessee looked much different than the modern statutes as the modern burglary statutes are a major change from prior law. Formerly, there were different levels of burglary such as burglary, burglary in the second degree, and burglary in the third degree. These have now all been eliminated. In addition, there was a major focus on whether the act occurred at either daylight or at night. The legislature abandoned the daytime/nighttime distinction because the risks and types of intrusions were the same no matter when the act occurred.

The burglary statute discussed below only applies to intrusions involving buildings that are not habitations and those involving motor vehicles.

According to modern Tennessee law, a person commits burglary who, without the effective consent of the property owner:

• Enters a building other than a habitation (or any portion thereof) not open to the public, with intent to commit a felony, theft or assault;
• Remains concealed, with the intent to commit a felony, theft or assault, in a building;
• Enters a building and commits or attempts to commit a felony, theft or assault; or
• Enters any freight or passenger car, automobile, truck, trailer, boat, airplane or other motor vehicle with intent to commit a felony, theft or assault or commits or attempts to commit a felony, theft or assault. Tenn. Code Ann. § 39-14-402 (2007).

The word “enter” as used above means:

• Intrusion of any part of the body; or
• Intrusion of any object in physical contact with the body or any object controlled by remote control, electronic or otherwise.

Intrusion with the intent to commit misdemeanor theft is included in burglary because of the practical impossibility of proving that a trespasser intended to steal property of sufficient value to constitute a felony theft.

If you are convicted under any of the top three bullets above, the violation is a Class D felony. If you are convicted under the last bullet above, the violation is a Class E felony. Tennessee criminal defense lawyers understand the complex issues associated with a burglary charge and work to ensure that citizens charged with this criminal offenses are treated fairly. Our office handles burglary charges in Knoxville, Sevierville, Maryville, Newport, Morristown, Johnson City, and Chattanooga.

Knoxville Kidnapping lawyers help clients charged with kidnapping and custodial interference charges in the East Tennessee area. Custodial interference is a Tennessee crime that closely resembles kidnapping. One of the biggest distinctions is that custodial interference mainly pertains to family members of the victim.

Post-divorce life can be difficult for all parties involved. Parents nationally often attempt to flee the jurisdiction that rendered an adverse custody decision. The Parental Kidnapping Prevention Act (PKPA), and then the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) helped alleviate the confusion pertaining to where and when new court proceedings may be filed. States have adopted there own criminal laws preventing family members from napping kids or violating a court order. According to Tennessee law, It is the offense of custodial interference for a natural or adoptive parent, step-parent, grandparent, brother, sister, aunt, uncle, niece, or nephew of a child younger than eighteen years of age to:

• Remove the child from this state knowing that the removal violates a child custody determination, the rightful custody of a mother, or a temporary or permanent judgment or court order regarding the custody or care of the child;
• Detain the child within this state or remove the child from this state after the expiration of the noncustodial natural or adoptive parent or guardian's lawful period of visitation, with the intent to violate the rightful custody of a mother, or a temporary or permanent judgment or a court order regarding the custody or care of the child;
• Harbor or hide the child within or outside this state, knowing that possession of the child was unlawfully obtained by another person in violation of the rightful custody of a mother, or a temporary or permanent judgment or a court order; or
• Act as an accessory to anything listed above. Tenn. Code Ann. § 39-13-306 (2007).

It is also the offense of custodial interference for a natural or adoptive parent, step-parent, grandparent, brother, sister, aunt, uncle, niece, or nephew of an incompetent person to:

• Remove the incompetent person from this state knowing that the removal violates a temporary or permanent judgment or a court order regarding the custody or care of the incompetent person;
• Harbor or hide the incompetent person within or outside this state, knowing that possession of the incompetent person was unlawfully obtained by another person in violation of a temporary or permanent judgment or a court order; or
• Act as an accessory to anything listed above. Tenn. Code Ann. § 39-13-306 (2007).

It is a defense to custodial interference that the person who removed the child or incompetent person reasonably believed that the failure to remove the child or incompetent person would have resulted in a clear and present danger to the health, safety, or welfare of the child or incompetent person. It is also a defense to custodial interference that the individual detained or moved in contravention of the rightful custody of a mother, or of the order of custody or care, was returned by the defendant voluntarily and before arrest or the issuance of a warrant for arrest.

Custodial interference is a Class E felony, unless the person taken from lawful custody is returned voluntarily by the defendant, in which case custodial interference is a Class A misdemeanor. If you have been charged with custodial interference in Tennessee, contact a criminal defense attorney. Our lawyers handle these cases in Knoxville, Newport, Sevierville, Johnson City, Morristown, Maryville, Loudon, and Kingsport.