Tennessee Criminal Lawyer Blog

Shoplifting is a “theft of property” offense in Tennessee. Under the Tennessee Code, a person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent.

Sentencing for shoplifting depends on the value of the merchandise that was allegedly stolen. If the value of the property was $500 or less, the crime is classified as a Class A misdemeanor. This means that, if convicted, you could be facing up to a year in jail and a $2,500 fine. Theft of property for merchandise valued over $500 is a felony and carries much stiffer penalties.

To be convicted of shoplifting, however, the state must prove beyond a reasonable doubt each element of the crime. Thus, in addition to the other elements of the crime, the state must prove that you intended to deprive the owner of merchandise. Under this requirement, a person is not guilty of shoplifting if he or she accidentally walked out of the store with merchandise. To deprive means to withhold property from the owner permanently or for such a period of time as to substantially diminish the value or enjoyment of the property to the owner. Accordingly, the state will likely need more evidence than the fact that you were caught with store merchandise.

While facing criminal charges for shoplifting can be a frightening and intimidating experience, you need to know that you are innocent until proven guilty. What this means is that it is the state’s initial responsibility to come forth with sufficient evidence to charge and convict you of a theft crime. The mere accusation of shoplifting is not enough.

Continue reading "What is Considered a Shoplifting Offense in Tennessee? " »

In addition to the cost of bail, loss of work, and the possibility of fines, retaining an experienced criminal defense attorney can seem like too much. But is it too high a price if hiring an attorney gives you the best chance for an acquittal or reduced charges? If freedom and reputation is priceless, I would think not.

Here’s a list of 5 reasons why you shouldn’t represent yourself “pro se”.

1. Complex Court Procedures - When representing yourself, you are responsible for knowing and abiding by the court's practices and procedures in the same way as an experienced practicing attorney. These procedures apply uniformly and are designed to ensure a fair and efficient judicial process. Accordingly, these practices and procedures are typically inflexible and unforgiving.


2. Complex Law - Criminal laws are not straightforward. Often the language is ambiguous and left to the courts to interpret. Without adequate knowledge of judicial interpretations, you will likely find yourself up against a mountain of confusion when what you need is clarity.


3. Too Close to the Situation - Being accused of a crime can wreak havoc on your emotions and drain your energy. When prosecutors and law enforcement have worked countless hours building a case, it can seem as if the whole world is against you. Emotions then stand in the way of reason, which in turn leads to mistakes, miscalculations and hasty decision-making.


4. Prosecutorial Advantage - In many instances, by the time you’ve been arrested or indicted, prosecutors and law enforcement have already spent countless hours and resources working on a case against you. Thus, there’s no time to play catch-up once charges are pressed.


5. Knowledge of Defense Strategy - An experienced criminal defense attorney in Tennessee knows what you can’t learn in a book. It’s a feel for the “game” of what defense strategy works and what strategy does not, what evidence is good evidence and what is not, where evidence is and where evidence is not.

Continue reading "5 Reasons Why You Shouldn’t Represent Yourself When Accused of a Crime in Tennessee" »

Health care fraud, particularly medical identity theft, is on the rise. According to estimates from a federal report for 2007, more than 250,000 Americans were victims of medical identity theft.

Health care fraud in Tennessee is diverse and complex and targets both the public and private sectors. Healthcare fraud includes:

• Medical identity theft,


• Billing for services not rendered,


• Billing for services, which are not medically necessary,


• Receiving or offering kickbacks for patient referrals,


• Knowingly delegating responsibilities to untrained, unlicensed personnel,


• Double billing for medical services, and


• Fraudulent cost reporting by providers.

Both state and federal law enforcement agencies investigate health care fraud. Some of these agencies include local law enforcement agencies, the Tennessee Bureau of the Investigation, FBI, FDA, and the Justice Department.

Continue reading "Elements of Health Care Fraud and Medical Identity Theft" »

With summer in full swing, residents and out-of-state visitors alike have taken their boats out onto East Tennessee’s numerous rivers and lakes. Many like to have a good time—whether fishing, skiing, or just simply relaxing.

While boating recreation involves good food, good fishing and good company, it also frequently involves alcohol. For those boat operators out there, you should know that the same Tennessee DUI laws applicable to motor vehicles apply similarly to boats. Accordingly, you could be subject to a felony and all of its consequences upon arrest for and conviction of driving a boat while under the influence of alcohol (or “BUI”).

In Tennessee, it is unlawful to:

• operate a vessel subject to registration, and


• while on public waters of Tennessee,


• while under the influence of any intoxicant or with a blood alcohol content of .08 percent or greater.

Continue reading "Alcohol and Boating (BUI) Don’t Mix" »

Disorderly conduct is a Class C misdemeanor in the state of Tennessee and is a kind of “catch-all” charge for minor offenses involving some kind of alleged unruly or upsetting behavior that provokes a disturbance.

All too often, disorderly conduct stems from a police officer giving someone a hard time until they lose control. Indeed, this is the exact allegation of colleagues of Henry Louis Gates Jr. who was arrested for disorderly conduct in his home in Cambridge, Massachusetts, after a neighbor reported seeing Mr. Gates breaking into his own home. Reportedly, Mr. Gates believed he was shocked when police continued to question him after he showed them his Harvard faculty ID. According to the police, Mr. Gates got angry, followed them out of the house, and accused them of being racists. According to some views of the incident, the police officers acted in retaliation by arresting Mr. Gates for disorderly conduct.

Examples of disorderly conduct in Tennessee include:

• Fighting,


• Violent or threatening behavior,


• Refusal to obey official order during an emergency situation,


• Creating a hazard (e.g., obstructing traffic), or


• Creating an offensive condition (e.g., using extremely offensive or abusive language targeted at a police officer).

As you can see, a wide range of behaviors can fall under the rubric of disorderly conduct. Likewise, many have been arrested without legitimate reason or without proper cause.

Continue reading "Disorderly Conduct in Tennessee" »

On June 15, a West Hills neighborhood was blocked off by police officers after Knoxville City Councilwoman, Barbara Pelot, reported to the police that she had found a suspicious ticking device in her yard. A bomb squad arrived on the scene and after approximately thirty minutes, they determined that the device was not a bomb, but instead some elaborate prank.

The Knoxville News Sentinel reported Pelot as saying that several neighbors had complained beforehand of broken mailboxes, uprooted trees and plants, and landscaping rocks thrown into the streets. Pelot also indicated that there have been no more incidents of vandalism since the fake bomb prank.

As any resident can attest, the events that transpired in the West Hills neighborhood are common incidents one can expect when living in the cities and suburbs of East Tennessee. But vandalism is no laughing matter. If caught, charged and convicted, you could be facing either a high misdemeanor charge or a felony, depending on the amount of damage caused or the cost incurred as a result of the vandalism. In either case, you could be facing jail time and steep fines.

Continue reading "Vandalism Culminates in Bomb Threat in Knoxville Neighborhood" »

Last week, we reported on the General Assembly’s passage of a new Tennessee gun law that would allow gun permit holders to possess a handgun while in a public park or campground. We also noted that the new law contains an opt-out provision for local governments that wish to continue the ban.

Update: On July 20, the Oak Ridge City Council joined Murfreesboro and Clarksville by voting 5-2 to approve a resolution to ban guns in parks and greenways. The new resolution provides that signs will be displayed in all city parks and greenways warning that carrying a handgun in such places constitutes a misdemeanor.

Though a gun ban enjoys strong support in Jefferson County, the Dandridge City Council voted against the resolution.

Continue reading "Guns in Tennessee Parks Update" »

When you have been accused of a crime, you are facing the horrible possibility of going to jail, fines and a criminal history that may follow you for the rest of your life. Finding a competent criminal defense attorney is critical.

A knowledgeable criminal defense attorney will represent those accused of crimes to the best of his or her ability while efficiently utilizing all of the appropriate resources and tactics available. Competent criminal defense attorneys can also negotiate with prosecutors to reduce charges and sentences.

In fact, a competent criminal defense attorney is much more than a skilled trial attorney. An experienced criminal defense attorney in Tennessee knows the criminal process from top to bottom and knows what it takes to help you reach the best possible outcome under the circumstances.

Additionally, a good criminal defense attorney will:

• Objectively analyze the client’s situation and discuss with the client all of the available legal options and their consequences.


• Develop sentencing programs that specifically meet the client’s needs so as to avoid future entanglements with law enforcement.

Continue reading "Finding the Right Criminal Defense Attorney in East Tennessee" »

Anabolic Steroids are classified as a Schedule III controlled substance in both the Tennessee and United States Code because of their potential for abuse and harmful side effects. Under Schedule III, any drug or hormonal substance that is chemically related to testosterone is an anabolic steroid.

Steroids specifically mentioned in the code are Boldenone, Chlorotestosterone, Clostebol, Dehydrochlormethyltestosterone, Dihydratestosterone, Drostanolone, Ethylestrenol, Fluoxymesterone, Formebulone, Mesterolone, Methandienone, Methandranone, Methandriol, Methandrostenolone, Methenolone, Methyltestosterone, Mibolerone, Nandrolone, Norethandrolone, Oxandrolone, Oxymesterone, Oxymetholone, Stanolone, Stanozolol, Testolactone, Testosterone, and Trenbolone.

Under Tennessee law, it is a crime for a practitioner to prescribe order, distribute, supply or sell an anabolic steroid for enhancing performance in a sport or exercise or for hormonal manipulation intended to increase muscle mass, strength or weight without medical necessity. For all other persons, it is unlawful to manufacture or deliver a steroid or possess with intent to deliver, manufacture or deliver the anabolic steroid. Distribution or sale of an anabolic steroid cannot be inferred from the amount or weight of the substance in the defendant’s possession.

Continue reading "How is Anabolic Steroid Use a Crime in Tennessee?" »

Under existing law, it is a Class A misdemeanor for any person to possess or carry a handgun in a public park, playground, civic center or other property owned, used or operated by a municipal, county or state government for recreational purposes. The prohibition, however, does not apply to peace officers, soldiers, security guards, hunters, persons attending gun shows or persons delivering or picking up passengers.

A new law taking effect on September 1 will allow handgun permit holders to possess a handgun while in parks, natural areas, campgrounds and similar public places. However, under the new law, local governments are allowed to prohibit such possession in parks and similar areas owned by local government, upon a majority vote by its legislative body. The new law amends TCA § 39-13-70.

According to the July 13th issue of the Knoxville News Sentinel, municipal authorities in Dandridge, Jefferson County, are considering opting out of the new law because of a 2006 incident where three adults were shot at a city ball park known as the “Field of Dreams.” Knox County officials are also considering an ordinance that will prohibit guns in ball parks. It is unclear whether Mayor Haslam will support the ordinance. In Blount County, there are no plans to propose an ordinance. The new law does not affect Sevier County because it has no parks.

If you have been charged with a hand gun crime, consult the experienced Tennessee criminal defense attorneys at Baker Associates to see what legal action can be carried out to defend your rights.

When determining who to retain as defense counsel when charged with a federal offense, the same principles apply to hiring a federal criminal defense lawyer as hiring a Tennessee criminal defense lawyer. Essentially, you will want someone who has experience trying cases in federal court.

The federal criminal court system is similar to the state system with a few significant exceptions. Federal District Attorneys notably have more time and resources than local state prosecutors. Federal cases, moreover, tend to be more factually and legally complex. As a result, federal charges tend to be more difficult to defend than state criminal charges.

Another big difference between state courts and federal courts are the many subtle but significant differences in rules of evidence, criminal procedure, trial procedure and sentencing procedure. It is therefore necessary during a criminal proceeding to be represented by a lawyer who is familiar with the federal process and its rules. It is also helpful to have a defense attorney who is familiar with the local U.S. Attorney’s office handling the case.

Continue reading "Federal Crimes Attorneys in Tennessee" »

Under Article III of the U.S. Constitution as applied to the states through the 14th Amendment, all persons have a right to a jury when accused of a crime. The Supreme Court has decided, however, that the right does not extend to petty offenses. Under this judicial interpretation, states are free to determine which offenses are petty and which are not.

In Tennessee, petty offenses (or “small” offenses), are defined as cases where the potential sentence is less than $50 and carries no jail time. This can include ordinance and traffic violations in TN.

Defendants may also waive their right to a jury trial. In Tennessee, only Circuit Courts have jurisdiction to try cases before a jury. Further, only a Circuit Court can convict a person of a felony. If charged with a misdemeanor, the defendant is typically convicted and sentenced by a judge in General Session Court; however, the defendant can specifically request a jury trial and have his or her case heard in Circuit Court.

Continue reading "Right to a Jury in Tennessee" »

In designating carjacking as a more serious crime than theft and robbery in Tennessee, the General Assembly recognized that carjacking is usually committed by someone who tries to flee from the scene of another crime and that such action creates a substantial risk of harm to the public. Consequently, carjacking is a Class B felony, which carries a prison sentence between 8 and thirty years and a fine not to exceed $25,000.

Under Tennessee’s criminal code, carjacking is “the intentional or knowing taking of a motor vehicle from the possession of another by use of either,

• A deadly weapon, or


• Force or intimidation.”

A deadly weapon typically means a firearm but can also include any object that is designed, made or adapted for the purpose of inflicting death or serious bodily injury, such as a club, knife or an automobile.

Deadly weapons seem serious enough, but defendants can also be on the hook simply for sneaking up on someone, pushing her out of the way, and taking her vehicle. This conduct falls under the rubric of force and intimidation. All that is required is that the victim be placed in fear.

Continue reading "Carjacking Crimes in Tennessee" »

Individuals who have been accused of crimes will sometimes resign themselves to defeat. They feel that the evidence is too strong or that they will buckle under the pressure. However, all accused persons in the United States and Tennessee are entitled to what is called the presumption of innocence. Coupled with the fact that the prosecutor has the burden to prove the defendant guilty beyond a reasonable doubt, the state often has a tough row to hoe when trying to put you in jail.

In Tennessee, if you have been accused of a crime, you are legally presumed to be innocent until a judge or jury has convicted you or if you plead guilty to the crime. Thus, the state has the initial burden to come forth with convincing evidence of your guilt. For example, in a Tennessee drug possession case, the state must prove beyond a reasonable doubt all elements of the charge. Under T.C.A. § 39-17-418, it is an offense for a person to knowingly possess marijuana. Under this law, not only must the state prove that you had marijuana in your possession, it must also prove that you did so with knowledge that you possessed the controlled substance. If the state fails to prove either element beyond a reasonable doubt, you go free.

But what does it actually mean to prove something “beyond a reasonable doubt”? By way of comparison, the burden of proof in a civil matter is “preponderance of the evidence.” This means that the plaintiff has to prove that, more likely than not (i.e., above 50 percent), the defendant was negligent. In contrast to civil matters, the burden of proof in a criminal case is much higher.

Continue reading "Presumption of Innocence and the Standard of Proof in Criminal Trials" »

From time to time, a potential client accused of a crime will call up one of our TN criminal defense attorneys with allegations that an undercover police officer tricked him into doing an unlawful act. When the officer merely provides an opportunity for a suspect to commit a crime, the client has no defense. However, when the client comes to us with facts that the officer took steps to persuade him to do an unlawful act, we start thinking about the defense of entrapment. If there is sufficient evidence of persuasion or inducement, the client may not be criminally liable for the crime of which he is accused.

Specifically, Tennessee law provides that “it is a defense to prosecution that law enforcement officials, acting either directly or through an agent, induced or persuaded an otherwise unwilling person to commit an unlawful act when the person was not otherwise predisposed to do so.”

To illustrate, say an undercover police officer poses as a drug buyer and approaches a suspected drug seller or dealer. The officer asks the suspect if he knows where he can purchase drugs. The suspect says he has no idea. The officer, however, continues to press and, growing tired of the persistent officer, the suspect calls up a friend who gives him a number of a known drug dealer. The suspect then gives the number to the officer who proceeds to offer the suspect money to purchase the drugs for him. Seeing an opportunity to make a quick buck, the suspect accepts the money and is later arrested for selling drugs in Tennessee.

Continue reading "What Qualifies as Entrapment in Tennessee?" »

Tennessee classifies crimes in one of two categories: misdemeanor and felony. For both of these categories, the state must prove that the suspect committed an unlawful act with criminal intent. For example, first degree murder in Tennessee is a felony and is characterized as the premeditated and intentional killing of another. The unlawful act is the “killing of another”. The criminal intent element is doing the act with premeditation and with intent to kill.

Likewise, the unlawful act in an assault crime—a misdemeanor—is the defendant’s causing of another to fear bodily injury. The intent element is satisfied when the state proves that the defendant acted with the intent to cause the defendant to fear harm.

Felony, however, is distinguishable from misdemeanor based on the penalty ranges assigned. Penalties for felonies range from one year to 60 years. Penalties for misdemeanors range from one day to 364 days. On the other hand, conduct punishable only by fine is not considered a crime but rather is classified as an infraction or violation.

Continue reading "Felony Versus Misdemeanor in Tennessee" »