Tennessee Criminal Lawyer Blog

Knoxville harassment lawyers have defended many clients throughout the East Tennessee area. Although the basis of the harassment charge might be sexual in nature, harassment charges may be brought against many types of behavior. The criminal law dealing with harassment was recently amended in 2001 in Tennessee. It penalizes harassing or threatening telephone calls or written communications. Prior law was similar, but dealt only with telephone calls. According to Tennessee law, A person commits harassment who intentionally:

• Threatens, by telephone, in writing, or by electronic communication, including electronic mail or internet services, to take action known to be unlawful against any person, and by this action knowingly annoys or alarms the recipient;
• Places one or more telephone calls anonymously, or at an hour or hours known to be inconvenient to the victim, or in an offensively repetitious manner, or without a legitimate purpose of communication, and by this action knowingly annoys or alarms the recipient; or
• Communicates by telephone to another that a relative or other person has been injured, killed or is ill when the communication is known to be false. Tenn. Code Ann. § 39-17-308 (2007).
• A violation here is a Class A misdemeanor.

This statute encompasses the typical harassment forms of conduct such as late night phone calls, communication involving unlawful conduct, and false communication concerning the death of a family member. A more serious form of harassment occurs when the defendant in a criminal case harasses the victim.

A person convicted of a criminal offense commits harassment if, while incarcerated, on pre-trial diversion, probation, community correction or parole, the person intentionally communicates in person with the victim of the person's crime if the communication is:

• Anonymous or threatening or made in an offensively repetitious manner or at hours known to be inconvenient to the victim;
• Made for no legitimate purpose; and
• Made knowing that it will alarm or annoy the victim.

If the victim of the person's offense died as the result of the offense, then the deceased victim's next-of-kin shall be considered the victim. This form of harassment constitutes a Class E felony if convicted. If you are charged with harassment under Tennessee criminal law, contact a criminal defense attorney. Our offices handle these charges in Johnson City, Kingsport, Bristol, Greenville, Morristown, Jefferson City, Sevierville, Newport, Knoxville, Loudon, and Maryville.

Knoxville DUI lawyers realize that a DUI charge can be intimidating, especially if you don't know a lot about Tennessee DUI law. Tennessee DUI lawyers can help you understand Tennessee law, and explain your rights and options. If you have questions about the automatic license suspension or the impact a DUI conviction might have on your insurance costs, you may want to talk with a Knoxville DUI lawyer.

You should not wait until your initial court appearance to start asking questions about your particular case. Contact a Knoxville DUI lawyer before you appear in court so that your Knoxville DUI attorney can gather important information he or she needs to make informed decisions about your case. A Tennessee DUI lawyer can assess your case from your point of view, and advise you on Tennessee DUI law as it applies to your situation.

If you have questions about the sentence you face including whether the mandatory jail time provisions apply to you, contact a Tennessee DUI lawyer. You may think that there's no way to successfully challenge a DUI charge, but Knoxville DUI lawyers know that many cases have weaknesses. These weaknesses often open doors to dismissals or acquittals. Any crack in the state’s case could create an opportunity for a Tennessee DUI lawyer to negotiate for reduced charges or a favorable plea bargain.

Take advantage of the opportunity to learn about your rights under Tennessee law before you take a step in any direction. Contact a Tennessee DUI attorney if you have been charged with DUI in East Tennessee. Our DUI attorneys handle DUI cases in Knoxville, Loudon, Maryville, Gatlinburg, Pigeon Forge, Sevierville, Newport, Johnson City, Chattanooga, Nashville, and Bristol.

The criminal defense attorneys at Baker Associates represent individuals accused of, arrested for, convicted of, or sentenced for criminal offenses. Our office handles disorderly conduct charges and other criminal offenses in Knoxville, Sevierville, Johnson City, Loudon, Maryville, Gatlinburg, and Pigeon Forge.

The law in Tennessee does not require that there be a victim for an individual to be charged with disorderly conduct. A person can be charged with disorderly conduct for simply yelling in a parking lot, screaming swear words, or punching another person's automobile. In fact, many types of behavior or conduct might subject someone to an arrest for disorderly conduct.

There is virtually no state in the United States that does not have some form of law regarding disorderly conduct. This law is commonly described as a catch-all law. Under Tennessee law, a person commits disorderly conduct who, in a public place and with intent to cause public annoyance or alarm:

• Engages in fighting or in violent or threatening behavior;
• Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or other emergency; or
• Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose. Tenn. Code Ann. § 39-17-305 (2007).

A person also commits disorderly conduct who makes unreasonable noise that prevents others from carrying on lawful activities.

A violation of the disorderly conduct statute is a Class C misdemeanor. Class C misdemeanors are punishable in Tennessee by 30 days in jail, or a fine not to exceed fifty dollars, or both.

Whenever you need a criminal defense lawyer, contact Baker Associates. Our attorneys can provide you with information that will serve you well in making important decisions that affect your case and future.

Tennessee speeding ticket attorneys know how important a clean driving record can be for financial purposes. Sometimes, your employment possibilities will be limited if you have been involved in a bunch of accidents or have multiple speeding tickets. Corporations generally do not like to hire employees with bad driving records if the job requires use of a company car. Trucking companies certainly get nervous if their drivers have bad driving records.

Depending on the circumstances, a speeding ticket or moving violation can cost anywhere from one to three-hundred and fifty dollars here in Tennessee. Even though it may be cheaper to simply pay the ticket, it could cost you more in insurance in the long run. Insurance companies are private organizations for the most part and all have different point systems. They can set there own rules and regulations for adjusting how a speeding ticket or moving traffic violation affects the insured.

A clean driving record is important and you will accrue points on it based upon the offense committed. Points can be added for moving traffic violations, speeding, and accidents. Some offenses are more serious and your license can be suspended or revoked if you commit one of the more serious offenses. Under Tennessee law, a regular driver license may be revoked or suspended for the following:

• DUI including implied consent
• allowing unlawful use of a driver license, including fraudulently altering a driver license or allowing another individual to use your license or identification
• mental or physical disabilities
• leaving the scene of a personal injury or fatal crash; failure to stop and render aid in an automobile crash
• perjury, or giving false information on the use or ownership of an automobile, or for the issuance of a driver license
• a felony that involves the use of an automobile
• evading arrest while operating a motor vehicle
• manslaughter/vehicular homicide involving the operation of an automobile
• two reckless driving violations within twelve months
• drag racing
• habitual offenders of moving traffic violations
• unsatisfied judgment resulting from the negligent operation of a motor vehicle
• purchasing or possessing any alcoholic beverage if 18-20 years old
• failure to comply with child support requirements
• driving a motor vehicle away from a gas station without paying for dispensed gas or diesel fuel
• failure to show evidence of financial responsibility to officer when involved in an accident or charged with a moving violation
• possession of a driver of five (5) or more grams of methamphetamine

If you are under 18 years old, you can lose your license for the following:

• convictions of any drug or alcohol offense, whether or not the offense occurred while driving
• dropping out of school (defined as having ten consecutive of fifteen total days in a semester of unexcused absences)
• failure to make satisfactory progress in school (which in general means passing three subjects per grading period)
• weapons violations

It is important to realize that commercial motor vehicle operators have separate rules and regulations regarding their commercial drivers licenses (CDL’S). These separate rules and regulations govern how CDL might be revoked or suspended. If you are cited with a moving violation or speeding in the East Tennessee area, contact a Tennessee traffic citation lawyer. Our traffic citation lawyers handle speeding tickets and other moving violations in Knoxville, Gatlinburg, Newport, Sevierville, Jefferson County, Maryville, Johnson City, Greenville, Bristol, Morristown, Kingsport, and Chattanooga.

Tennessee traffic lawyers can help you organize and present your defense to any traffic–related charge. Whether it be a citation for speeding, reckless driving, no insurance, operating a vehicle without a license, driving while revoked, driving while suspended, or an arrest for Driving Under the Influence (DUI), if you are seeking legal representation, allow Tennessee traffic attorneys the opportunity to assist you throughout the judicial process.

We can help negotiate on your behalf so that you can avoid points on your license, increased insurance premiums, and loss of your driving privileges. Even if this is your first traffic citation or speeding ticket, it is important to contact a Tennessee traffic lawyer before paying your ticket. In many instances, it is important to have a lawyer at your initial court appearance. Adequate time is needed to investigate the specific facts of your case, and to allow your attorney to prepare your defense.

Tennessee traffic lawyers frequently represent out-of-state residents who have been cited for traffic violations on I-40 or I-75. It can be burdensome to travel back to Tennessee to appear in court or to obtain counsel. In most cases, we can handle certain citations without the need for your appearance.

Tennessee traffic attorneys represent clients charged with DUI's, speeding tickets, reckless driving, operating without insurance and other traffic violations throughout East Tennessee. Contact our office for a free initial consultation about your particular situation. Our attorneys handle speeding tickets and other moving violations in the East Tennessee area including Knoxville, Newport, Sevierville, Morristown, Maryville, Gatlinburg, and Pigeon Forge.

Tennessee criminal defense attorneys have successfully resolved criminal cases by getting criminal charges reduced, having cases dismissed, and negotiating plea bargains. The U.S. war on drugs has resulted in thousands of arrests, convictions, and incarcerations for drug crimes. People arrested for possession of small amounts of drugs are prosecuted to the full extent of the law, and are subject to harsh penalties if convicted. It is more important then ever to vigorously defend yourself against any type of drug charge. A skilled Tennessee criminal defense lawyer may be able to help you avoid a conviction, get your drug charges reduced, escape harsh punishment, and stay out of jail.

If you or a family member has been arrested or charged with a drug crime in the East Tennessee area, contact a drug defense lawyer today to discuss your case. We help people who have been charged with drug crimes. We understand that there are difficult choices to make in life, and sometimes people make mistakes. Those mistakes shouldn't cost you your freedom or your future. We understand the difficulties of substance abuse, and that everyone’s background is different. Our criminal defense attorneys have helped clients whose charges stem from the following substances:

• Cocaine and Crack Cocaine
• Methamphetamine
• Marijuana
• Ecstasy
• Nitrous Oxide
• Morphine and Opium
• Painkillers such as OxyContins, Vicodins, and Lortabs,
• Speed
• PCP
• LSD
• Heroin
• And Various Others

Whether you have been caught with a minor amount of marijuana or you are in jail on charges of sale of cocaine, we will fight to protect your rights in any drug crime prosecution. We handle drug charges in Tennessee including:

Manufacture of a controlled substance
• Delivery of a controlled substance
• Sell of a controlled substance
• Drug Possession
• Possession with Intent to Sell
• Possession with Intent to Manufacture
• Possession with Intent to Deliver

We have the skill and experience to effectively defend clients in drug cases, including those involving marijuana, cocaine, crack, methamphetamine, heroin, illegal prescriptions, and other narcotics. In examining your case and forming a defense strategy, we'll look at every aspect of your case, especially your initial arrest and how the evidence was gathered. Our criminal defense lawyers help clients in Knoxville, Sevierville, Newport, Morristown, Maryville, Madisonville, Gatlinburg, Pigeon Forge, Loudon, Johnson City, Kingsport, and Chattanooga.

Tennessee criminal defense lawyers understand that the institution of marriage is a fundamental building block of a strong society. There is much scholarly debate as to the parameters of what should constitute a marriage. It is important to realize that every state has different laws relating to forming and terminating the marital relationship.

Many people question how bigamy ever occurs. The answer is that there is no centralized database of marriage records for jurisdictions to determine whether or not a person is legally married somewhere else. Furthermore, if you apply for a marriage license in most jurisdictions, no background check is done. The application will usually be approved simply on the basis of the applicant’s answers.

Bigamy is classified as a felony in most states. Tennessee is one of thirteen states that considers bigamy a misdemeanor. Bigamy is Class A misdemeanor in Tennessee. According to Tennessee law, a person commits bigamy who:

 Is married and purports to marry a person other than the person's spouse in this state under circumstances that would, but for the person's existing marriage, constitute a marriage; or
 Knows that a person other than the person's spouse is married and purports to marry the person in this state under circumstances that would, but for the person's existing marriage, constitute a marriage. Tenn. Code Ann. § 39-15-301 (2007).

It is a defense for the first bullet that the person reasonably believed that the person's marriage had been dissolved by death, divorce or annulment. If you have been charged with bigamy or any other crime in the East Tennessee area, contact one of our criminal defense attorneys. Our office handles criminal cases in Knoxville, Sevierville, Newport, Maryville, Johnson City, and Loudon.

Tennessee sex crime attorneys are experienced in defending clients accused with statutory rape in Tennessee. Statutory rape laws are based upon the concept that a minor may desire sexual intercourse, but lacks the necessary mental faculties possessed by adults to make informed decisions as to whether or not to have sexual intercourse. In other words, minors lack the mental capacity required to legally consent to intercourse.

Age of consent is the age at which an individual can legally consent to intercourse without qualification. There are qualified circumstances where sexual contact with a person under the age of consent is not criminal in nature. A common example occurs when the person to be charged with some form of rape is legally married to a minor.

Tennessee recognizes three forms of statutory rape: mitigated statutory rape, statutory rape, and aggravated statutory rape. Under Tennessee law, statutory rape is the unlawful sexual penetration of a victim by the defendant or of the defendant by the victim when:

• The victim is at least thirteen (13) but less than fifteen (15) years of age and the defendant is at least four (4) years but less than ten (10) years older than the victim; or

• The victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is more than five (5) but less than ten (10) years older than the victim. Tenn. Code Ann. § 39-13-506 (2007).

The penalties for statutory rape can be severe. Statutory rape is a Class E felony under Tennessee law. Class E felonies are punishable by incarceration of not less than one year or more than six years. In addition, Class E felonies are punishable by a fine not to exceed three thousand dollars ($3,000). Tenn. Code Ann. § 40-35-111 (2007). A conviction of statutory rape will have sexual offender registry implications as well. If you have been charged with statutory rape, or any other sex crime in East Tennessee, contact a Tennessee sex crime lawyer. Our attorneys defend clients accused of committing sex crimes in Knoxville,

A charge of unlawful photographing in Tennessee will have serious consequences attached to the outcome of the case. If you are dealing with unlawful photographing charges in Tennessee, consult an experienced criminal defense attorney. A Tennessee criminal law attorney will help you understand and analyze the charges against you. This will be an important step in getting your life back to order.

The offense of unlawful photographing in violation of privacy is very similar to the offense of observation without consent. Both offenses deal with invading someone else’s reasonable expectation of privacy. According to Tennessee law, it is an offense for a person to knowingly photograph, or cause to be photographed an individual, when the individual is in a place where there is a reasonable expectation of privacy, without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor's parent or guardian, if the photograph:

• Would offend or embarrass an ordinary person if such person appeared in the photograph; and
• Was taken for the purpose of sexual arousal or gratification of the defendant. Tenn. Code Ann. § 39-13-605 (2007).

The word "photograph" above means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission of any individual so that the individual is readily identifiable.

The punishment for unlawful photographing depends upon whether the photograph has been disseminated. If the photograph has been disseminated, the violation is a Class E felony. If the photograph has not been disseminated, the violation is a Class A misdemeanor. If you have been charged with unlawful photographing, or any crime, contact a criminal defense attorney. Our attorneys handle misdemeanor and felony charges in Knoxville, Sevierville, Johnson City, Morristown, Alcoa, and Newport.

Tennessee criminal defense attorneys know that the courts and the district attorney take accusations of assault and domestic assault very seriously. If you have been charged or investigated, contact a Tennessee criminal defense attorney immediately.

Tennessee criminal defense lawyers represent people in Johnson City, Bristol, Chattanooga, Morristown, Loudon and all communities of Knox County, Sevier County, Blount County, and Cocke County, Tennessee. There is much at stake on the outcome of your case, including jail time or fines, your reputation, and other consequences such as a criminal record. If you are a government or municipal employee, a conviction may cost you your job. You also lose your right to possess firearms for certain violations.

If the authorities have reasonable grounds for a charge of assault or domestic assault, you can be arrested immediately. These cases are rarely dismissed. The case often moves forward even if the victim doesn't testify or refuses to press charges. It is critical to have a qualified and aggressive defense by an experienced criminal law attorney.

Tennessee criminal defense attorneys have defended against all types of assault and domestic violence situations: husband/wife, boyfriend/girlfriend, father/son roommate/roommate or mother/daughter. In addition to assault and domestic assault charges, we challenge the issuance of restraining orders and orders of protection. Protect your rights. Contact a Tennessee assault attorney if you have been charged with assault or domestic assault in the East Tennessee area. We offer a free initial consultation.

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 Knoxville, Sevierville, Pigeon Forge, and Gatlinburg area.

Not only can you lose points for speeding, you can lose points for all moving traffic violations. All drivers start out with zero points on your driving record. You can not get 12 points placed on you license within a 12 month period. If you do, then you risk your license being suspended. It is important to realize that not all moving traffic violations are valued the same. How many points that will be applied toward your license depends upon the nature of the offense. The following list displays how many points a moving traffic violation will cost you towards your Tennessee license.

Following emergency vehicle unlawfully (2 points)
Failure to signal change of vehicle direction (2 points)
Failure to maintain control or improper control (3 points)
Operating without being licensed (3 points)
Operating without license required for type of vehicle being operated (3 points)
Speed less than posted minimum (3 points)
Making improper turn (3 points)
Following improperly (3 points)
Violation of bumper law (4 points)
Careless or negligent driving (4 points)
Failing to yield right of way (4 points)
Wrong way, side, or direction (4 points)
Improper passing – Passing where prohibited (4 points)
Signs and control devices – Failure to obey traffic instructions (4 points)
Leaving the scene of an accident (property damage only) (5 points)
Fleeing law enforcement officer (6 points)
1st Offense violation of driver license restrictions (6 points)
Passing school bus taking on or discharging passengers (6 points)
Reckless driving (6 points)
Adult driving while impaired (8 points)
Reckless endangerment by vehicle – misdemeanor (8 points)
Driving while license canceled (8 points)
Operating without being licensed (8 points)
No license for type of vehicle being operated (under suspension) (8 points)

If you receive a moving traffic violation in Tennessee, you should understand the consequences of a guilty plea and how that plea will affect your license. A drivers license is important. People that lose them have difficulty obtaining a new license. If you receive a moving traffic violation, contact a Tennessee Traffic Citation lawyer. Our lawyers help with traffic problems in Knoxville, Sevierville, Newport, Maryville, and Jefferson City.

Tennessee traffic ticket attorneys help motorists with their moving and non-moving violations. Our traffic lawyers handle everything from parking tickets to license suspension hearings. If you have a CDL, it is important for you to realize that certain violations may cost you your CDL license.

According to federal law, a driver will lose his CDL if he has two serious traffic violations within a three-year period while operating a CMV (commercial motor vehicle).
Serious traffic offenses include the following:

• Speeding excessively, involving any speed of 15 mph or more above the posted speed limit;
• Driving recklessly, as defined by State or local law or regulation, including but not limited to, offenses of driving a motor vehicle in willful or wanton disregard for the safety of persons or property;
• Making improper or erratic traffic lane changes;
• Following the vehicle ahead too closely;
• Violating State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal accident;
• Driving a CMV without obtaining a CDL;
• Driving a CMV without a CDL in the driver’s possession.

If you are charged with speeding or any other traffic related offense, contact a traffic citation lawyer. Our office handles these cases in Knoxville, Maryville, Newport, Johnson City, Sevierville, Morristown, and Greenville.