Tennessee Criminal Lawyer Blog

Tennessee’s open container law, TCA § 55-10-416, is much different from Tennessee’s DUI laws or DWI statutes, though they all aim to prevent the same end result. Tennessee’s open container statute states that it is against the law for a driver to consume any alcoholic beverage, or to possess an open container of alcohol while operating a motor vehicle. This is markedly different from DUI and DWI in that it does not require the driver to actually be under the influence, but only to be in possession of or consuming an alcoholic beverage.

Under TCA § 55-10-416, as a Tennessee traffic violation, an open container is any container that has an alcoholic beverage inside, the contents of which are immediately capable of being consumed or the seal of which has been broken. Also, a driver is deemed in possession of the container when it is not in the possession of a passenger and is not located in a closed compartment or other nonpassenger area of the vehicle. This statute comes into play any time the engine of the motor vehicle is on, despite whether the vehicle is actually moving.

An open container violation in Tennessee is a Class C misdemeanor, punishable by a fine only, and not imprisonment. Additionally, a police officer is to only issue a citation for a violation of the statute, unless the offender refuses to sign or accept the citation, at which point the officer may take the driver into custody.

TCA § 55-10-416 specifically states that local municipalities may criminalize the possession of an open alcohol container by a passenger; however, the default rule in Tennessee is that only the driver of the motor vehicle may be cited for possessing an open container. This makes Tennessee one of only eleven states to not criminalize the possession of an open alcohol container by the passenger of a motor vehicle.

If you are facing charges for violating Tennessee's open container law or if you are facing DUI charges, it may be in your best interest to contact a skilled criminal defense lawyer in Pigeon Forge. At Baker Associates, we will aggressively defend your rights and ensure that you understand the complexities of your case. Call us today for a comprehensive evaluation.

DUI is one of the most common offenses that criminal defense attorneys in Tennessee deal with, but the issues related to DUI can be very complex. Tennessee’s DUI statute is located at TCA § 55-10-401.

Under Tennessee law, DUI can be charged in a number of different situations. All of these situations pertain to operating any motor vehicle, and that operation can take place on any public road or highway of the state, any street or alley, or on the premises of any shopping center, trailer park, apartment complex, or any other premises generally frequented by the public at large. This is often surprising to persons who are charged with DUI in Tennessee while not operating the vehicle on an actual road. DUI is charged when a person operates a vehicle on one of these surfaces while under the influence of any intoxicant, marijuana, narcotic drug, or drug that produces stimulating effects on the central nervous system. It is also illegal for a person to operate a vehicle while having a blood alcohol concentration of .08%.

DUI is a strict liability offense, meaning that a person’s intent is irrelevant to the charge. This makes the offense particularly inflexible, but there a number of complexities involved in DUI cases, often related to the methods used by law enforcement in ascertaining a person’s blood alcohol content, that can provide defenses to a Sevierville DUI charge. This is why it is particularly important to employ the services of an attorney when facing a DUI charge, as these defenses often involve technical legal issues.

Under the statute, a first offense related to DUI results in a fine of between $350 and $1500. Additionally, a person convicted of DUI shall have their license revoked for one year. This punishment can increase depending upon a number of factors, including an unusually high blood alcohol concentration, or having a child in the vehicle while under the influence. Punishment may also be increased for subsequent offenses.

If you or someone you care about is being charged with a DUI offense in Tennessee, the experienced Sevierville DUI attorneys at Baker Associates can help. Those facing DUI charges need to be familiar with their rights. Call us today for a free consultation.

There have been a number of recent developments in the Knoxville trial of four individuals accused of murdering University of Tennessee student Channon Christian and her boyfriend Christopher Newsom. Whatever one’s opinions over the case may be, the actions of the court-appointed defense attorneys provide an example of model criminal defense.

A number of commentators, and the public at large, have been highly critical of the tactics that have been employed by the defense. Most of this criticism stems from high public outrage over the brutality of the murders in Tennessee, as well as the racial factors involved in the case. Particularly outrageous to the commentators is that the defense has filed a number of motions aimed at blocking certain evidence from being presented and other motions aimed at ensuring fairness within the courtroom.

One of the recent motions was to have evidence thrown out that was obtained in a search of the house where the bodies were found. The defense argued that the affidavit provided to the court, which signified that the search was conducted legally, was not signed by the detective in charge of the search. The detective’s signature is an affirmation that the contents of the affidavit are true. The judge has yet to rule on this motion, but the ruling will have a monumental effect on the rest of the trial.

Another recent motion was to remove from the courtroom the unusually large number of police officers that have been assigned to protect the defendants. Police officials have assigned a large contingent of officers to inner-courtroom security in response to death threats aimed at the defendants. The Tennessee criminal defense attorneys argued that the presence of the officers within the courtroom might prejudice the jury into believing that the defendants were guilty, rather than being able to objectively hear the case. The judge ruled that the officers should remain for safety reasons, but must now be dressed in street clothes to remove the prejudice.

Public outrage has been directed at the defense for trying so aggressively to ensure the defendants a fair trial, but this is exactly what a defense attorney is supposed to do. In reality, a defense attorney who does not do everything within their power to have their client acquitted is committing malpractice. Most importantly, we must never forget that a criminal defendant is presumed innocent until proven guilty. As such, attorneys and the court are obligated to ensure that a fair trial is conducted that gives criminal defendants the benefit of the doubt.

At Baker Associates, the skilled Knoxville criminal defense attorneys have the knowledge and experience to protect your rights if you have been charged with a crime in Tennessee. If you have any questions regarding criminal offenses or if you are in need of a free consultation, please call 866-853-2888 today.

Under Tennessee law, TCA § 39-13-112, persons who are initially arrested for a violation of TCA § 39-13-102 (aggravated assault), and whose victims came into actual contact with their blood or other bodily fluids, must undergo testing for HIV immediately upon request of the victim of the assault.

The HIV test shall be performed by a licensed medical laboratory, with the expenses of the test going to the arrestee. Once the results of the test are available, they are to immediately be reported to the victim of the assault.

Interestingly, under this section, “victim of the assault” includes only persons who are working for the government within the performance of their official duty. Police officers, firefighters, correctional officers, EMTs, paramedics, and other civil service employees are covered, but the public at large is not covered. Thus, a private citizen who is the victim of an aggravated assault in Tennessee may not request an HIV test of the arrestee.

The results of these HIV tests do not become a part of the public record. Instead, they are available only to a limited class of persons. Those who are entitled to access to the results are: (1) the victim of the assault, (2) the parent of guardian of a minor or incapacitated victim, (3) the attending physician of the person tested and of the victim, (4) the department of health, (5) the department of corrections, (6) the person tested, and (7) the district attorney general prosecuting the case.

If the HIV test indicates that the arrestee is in fact infect with HIV, the arrestee will be responsible for the victim’s medical bills, laboratory bills, and other expenses related to the victim’s exposure to HIV. This is, of course, conditional upon a finding that the victim’s exposure to HIV was from the arrestee, and not from another third party.

The skilled Pigeon Forge assault defense lawyers at Baker Associates are available to answer any questions you may have regarding HIV tests and assault. Our attorneys have the knowledge and experience to effectively represent you and provide you with information you need to help you through this difficult time. Call 866-853-2888 for a free consultation.

TCA § 39-17-1309 deals with the laws regarding the possession of weapons on school grounds in relation to criminal offenses in Gatlinburg and throughout the state of Tennessee.

It is a Class E felony for any person, regardless of age, to carry, whether openly or concealed, with the intent to be armed, any firearm, explosive, knife, dagger, or other similar weapon, not used for instructional or school sanctioned purposes, in any public or private school building or bus, or on any grounds operated by any board of education or college or university.

It is a Class B misdemeanor for any person to possess or carry, whether openly or concealed, any firearm not used solely for instructional or school-sanctioned ceremonial purposes, in any public or private school building or bus, or on any grounds operated by any board of education or college or university. Under this portion, there need be no intent to be armed, but it instead requires only that the firearm be in the possession of the person.

Additionally, under this portion, it is not illegal for a non-student adult to possess a firearm if the firearm is contained within a private vehicle operated by the adult and the firearm is not handled by the adult or by any other person while the vehicle is on school property. This portion is much more lenient than the felony provision, and serves to cut a break to persons who unknowingly bring a weapon on to school grounds.

The following persons are exempt from criminal liability under this section: (1) persons employed in the military who are discharging their duties or are under orders requiring them to carry weapons; (2) civil officers of the United States in the discharge of their official duties; (3) local and state police officers in the discharge of their duties; (4) ROTC students who are requiring to carry arms or weapons in the discharge of their class duties; and (5) private police and licensed security officers employed by the school when discharging their duties.

Possession of weapons can be a complex matter, especially in regards to school grounds. If you have any questions regarding the above mentioned laws or if you or a loved one has been charged with a crime, the experienced Tennessee criminal defense lawyers at Baker Associates can help. Don't rely on "trial and error" when searching for attorneys. Call us today for a case evaluation.

Most people are familiar with the concept of a search warrant, but most people are not familiar with how and why a search warrant is issued in regards to criminal offenses in Tennessee.

A search warrant is a written order, issued by a magistrate, directing a law enforcement officer to search for personal property and bring it before the magistrate for analysis in criminal matters.

There are four grounds on which property can be searched and seized: (1) where the property was stolen; (2) where the property was used as the means of committing a felony; (3) where the property is being possessed with the intent to commit a public offense; and (4) any other ground provided by law. This fourth category is a catchall to provide law enforcement wide latitude in obtaining evidence of criminal activity.

A search warrant can only be issued based upon probable cause, meaning a reasonable belief that a person has committed, or will commit, a crime whether it is an issue of assault, white collar offense, or drug offense. The search warrant must be supported by an affidavit, a sworn statement of fact, naming and describing the person and particular property and place that is to be searched.

The magistrate, before issuing the search warrant, must examine all testimony and evidence to establish grounds for issuing the warrant. If the facts and evidence do not establish probable cause, the warrant is not to be issued.

Once the warrant is issued, the law enforcement officer charged with its execution is to immediately search the property for the particular evidence sought and bring it before the magistrate in accordance with the specifications of the warrant. In Tennessee, all search warrants must be executed and returned to the issuing magistrate within five days of issuance, otherwise the warrant will be void.

If any of the procedures for a search warrant are improperly executed, it could result in an illegal search and seizure under the Fourth Amendment to the Constitution. If this is the case, all evidence obtained during that particular search may be inadmissible at trial.

If you have any questions regarding search warrants in Tennessee or if you or someone you know has been accused of a crime, contact the skilled Sevierville criminal defense lawyers at Baker Associates. Call 866-853-2888 for a free consultation.

Tennessee’s modern burglary statute, TCA § 39-14-402, was amended in 1995, and represents a significant change from the previous burglary statute. Among the changes that took place in 1995 were the elimination of degrees of burglary and the distinction between night and day that was used to determine the gradation of the offense. This distinction was eliminated because the legislature determined that the risks involved were the same whether the act occurred during night or day.

Currently, a person facing burglary charges in Tennessee who, without consent of the property owner, commits one of four acts. First, a person commits burglary when entering a building other than a habitation, not open to the public, with intent to commit a felony, theft, or assault. Under this section, “habitation” means any structure, including buildings, module units, mobile homes, trailers, and tents, which is designed or adapted for the overnight accommodation of persons. Thus, burglary is committed for entering any building that is not used to accommodate persons overnight.

Second, a person commits burglary when remaining concealed, with the intent to commit a felony, theft, or assault, in a building. Third, a person commits burglary who enters a building and commits or attempts to commit a felony, theft, or assault. The burglary charge would be in addition to any charge for the felony, theft, or assault, thus resulting in more severe Tennessee criminal charges for the accused to face.

Fourth, a person commits burglary who enters any train, automobile, truck, trailer, boat, airplane or other motor vehicle with the intent to commit a felony, theft, or assault or commits or attempts to commit a felony, theft or assault. This charge would also be in addition to any charge for actually committing the offense.

Continue reading "Tennessee Modern Burglary Statute" »

Perjury is essentially the offense of lying under oath in an effort to deceive. Under English common law and early American common law, perjury was punishable by death. While the punishments for perjury have relaxed significantly over the years, perjury remains a crime and is seen as an offense that promulgates the miscarriage of justice.

Tennessee’s criminal perjury statute is found at TCA § 39-16-702. Under this section, a person commits simple perjury who, with intent to deceive, makes a false statement under oath; makes a statement under oath that confirms the truth of a previously made false statement; or makes a false statement not under oath but on an official document required to be made under oath, which states on its face that a false statement is subject to a perjury charge. Being charged with simple perjury is a Class A misdemeanor that may require the assistance of Tennessee's top criminal defense lawyer.

Under TCA § 39-16-702, there are two specific instances where perjury will be deemed a more serious criminal offense. First, it is a Class E felony for a person to commit perjury on an application for a handgun carry permit. Second, it is also a Class E felony for a person to commit perjury on a sexual offender or violent sexual offender TBI registration form.

Under TCA § 39-16-703, the criminal offense of aggravated perjury is outlined. Aggravated perjury differs from simple perjury in that the deceiving statement is made in connection with an official proceeding and the statement made is material. Essentially, this is meant for trials when the statement made had a substantial effect on the outcome of the trial. Aggravated perjury is a Class D felony, which is a much more serious offense than the Class A misdemeanor of simple perjury.

If you or someone you know has been accused of perjury or any other crime in Tennessee, it may in your best interest to get in touch with a skilled Knoxville criminal defense attorney at Baker Associates.