Tennessee Criminal Lawyer Blog

According to reports, a major “drug roundup” got underway in Claiborne County this morning when officers with the Claiborne County Sheriff's Office, Tazewell Police Department and agents with the Eighth Judicial Drug Task Force began executing capias warrants that were issued by the Claiborne County Grand Jury against 26 suspected drug dealers. Many of the suspects are reportedly facing charges of selling controlled substances and many are charged with doing so in a drug-free school zone. Authorities are also confiscating several vehicles that were allegedly used in the sale and delivery of the narcotics. Most of the suspects who are rounded up will be looking at felony charges which carry the threat of at least one year in prison.

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Corn dogs are among the most polarizing of foods: some people absolutely love them and view them as a guilty pleasure, and some people, like yours truly, view them as the ruination of what might otherwise be a perfectly good hot dog. Regardless of your opinion of the taste quality or nutritional value of corn dogs, however, it is never a good idea to chuck them at someone during an argument. In fact, the decision to do so may lead to a domestic battery charge.

Continue reading "Man Accused of Heaving Corn Dog at Girlfriend" »

The “felony murder” rule is a hotly debated topic in the criminal law arena and is an argument that has proponents with strong convictions on both sides of the aisle. Simply put, states that follow the “felony murder” rule allow a defendant to be charged with first degree murder if he or she causes the death of another person while committing or attempting to commit certain types of felonies. In Tennessee, those felonies are: “any first degree murder, act of terrorism, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect, rape of a child, aggravated rape of a child or aircraft piracy,” and attempting to throw or place or throwing or placing a destructive bomb. It becomes clear, then, upon looking at the wording of the statute that the felony murder rule essentially works to enhance the felony classification of a murder committed during what would be labeled a “violent” felony.

Continue reading "Felony Murder: Attempt" »

Court records and appeals briefs are littered with examples of criminal defendants who claim to have been caught by surprise after agreeing to one or more onerous conditions as a result of entering into a plea bargain. A plea bargain can be a fantastic tool for a defendant to use in order to be able to avoid a lengthy period of incarceration, but it can also contain provisions that greatly enhance a person’s sentence if convicted later down the road. Therefore, defendants should always exercise the utmost caution when agreeing to plead guilty to an offense.

Continue reading "Plea Bargaining Can Prove Tricky" »

This blog constitutes yet another installment in our series on bail and the factors that judges, clerks, or magistrates consider when deciding to grant a defendant his or her release on bail and what amount. Almost every offense is a bailable offense under Tennessee state law (the exception being capital offenses where the evidence is overwhelming or the presumption of guilt is great) so the factors discussed in this blog primarily shed light on the amount at which bail will be set. The purpose of bail is to allow the defendant to avoid being incarcerated until he or she has a trial date on the charges for which he or she is accused while still ensuring that the defendant will show up to court when the time comes. Thus, the nature of the offense committed is an obvious consideration in assessing the amount at which bail should be set.

Continue reading "Bond Factors: Nature of the Offense" »

In this installment of our series dealing with bond factors, we will take a look at one of the most important factors dictating whether or not an individual is allowed to post bond and at what amount: the accused’s criminal history. As discussed in previous blogs, the primary purpose of allowing the accused to post bond is to allow them to await their court date with some semblance of freedom while ensuring that such individuals arrive back at court for their court date. A major consideration in whether or not this is allowable is whether the defendant poses a danger to society. To that end, then, the criminal history of that individual is extremely relevant.

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As mentioned in our previous two blogs, this blog is part of a series looking at some of the many factors a magistrate, judge, or clerk will consider when deciding whether to release a defendant on bail and how to calculate the bail amount. The concept of bond was invented to allow the defendant to avoid having to remain incarcerated until his or her court date while ensuring that he or she will show up to court and answer to the charges that have been levied against him or her. The court, then, basically looks at whether or not the defendant is a risk to the community or a risk to skip town and not show up for court. One factor that weighs in such a decision is the extent of the defendant’s family ties and relationships in the community.

Continue reading "Bond Factors: Family Ties" »

As promised in our previous criminal law blog, this and upcoming articles will focus on some of the factors courts look at when deciding whether or not to release a defendant on bail and how high to set the bail amount. The purpose of requiring a defendant to post bond is to allow the defendant to avoid having to sit in jail until the court date while ensuring that he or she will return to court when required to answer for the charges that have been levied against him or her. Thus, the court will basically look at whether or not the defendant is a risk to the community or a risk to skip town and not show up for court. One factor that plays a large role in this assessment is how long the defendant has lived in the community.

Continue reading "Bond Factors: Length of Residence in the Community" »

Criminal defense attorneys often deal with the issue of clients believing that their bail is set too high given the circumstances for which they are detained. The truth of the matter is that judges and magistrates are given a great deal of discretion in setting bail amounts and would probably prefer to err on the side of setting it too high to avoid endangering society or allowing the defendant to flee the state or country if it is set too low and he or she happens to be a flight risk. While the law is supposed to presume that an individual should e released on his or her own recognizance, it seems to be more of a rarity than the norm that such a release actually takes place.

Continue reading "Is My Bail Set Too High?" »

A McMinn county mother is facing criminal charges, including contributing to the delinquency of a minor, after she let her twelve year-old son drive on a county road with his neighbor as a passenger. According to reports, this is not the first time Nancy Poteet, the mother of the boy, has allowed her son to drive the family vehicle, but it may be the first time he has ever wrecked while doing so. Apparently the boy lost control of the SUV and caused it to roll over last Sunday night. Luckily, no one was injured.

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Very rarely is it the case that a person grows, cultivates, or manufactures his or her own illegal drugs and then sells them to consumers on the streets. Thus, it is almost always the case that two or more people have to work together to produce and distribute illegal drugs. In legal terms, this means that where a drug offense is involved, there is almost always at least some evidence of a conspiracy. “Conspiracy” to commit an offense in Tennessee basically means that two or more people reach an understanding that the offense will be committed. For example, if the drug manufacturer sells it to the drug dealer knowing that the dealer is selling it on the street, then the drug manufacturer could be charged with conspiracy for supplying the dealer. In the same way, where there are large-scale drug rings that involve multiple people who play small roles in making sure the drugs get where they need to go, the person who is responsible for transporting the drugs from Florida to Tennessee is just as responsible for conspiracy as the guy who lets the truck park in his warehouse or the guy who actually sells the drugs to the consumer.

Continue reading "Drug Offenses- Conspiracy" »

If the O.J. Simpson trial taught you anything, it is that the evidence in a criminal case is sometimes simply insufficient to sustain a conviction. While cases with extremely weak evidence are frequently abandoned prior to proceeding to trial, such cases do occasionally make their way to the trial stage at which point the state has to attempt to sell its extremely weak case to the jury. Unfortunately for criminal defendants, juries occasionally convict on just a sliver of evidence, at which point the Defendant’s only choice often is to appeal to a higher court.

Continue reading "Lack of Evidence" »

It is no secret that voluntary intoxication rarely leads to intelligent decisions. In fact, it is primarily responsible for a large amount of violent and vehicular crime that finds its way to the criminal courts of Tennessee on a daily basis. Almost daily in Tennessee, one could go to any court in any county and hear someone plead voluntary intoxication as a defense or use it as a justification for his or her criminal behavior. This is so because such intoxication can work in a defendant’s favor if it serves to negate a required mental state for a particular crime. For example, being intoxicated can serve to negate a malicious state of mind or a specific intent to kill if such an element is an element of the offense charged. To serve this purpose, however, intoxication as a defense must actually be proven in court.

Continue reading "Tennessee’s Highest Court Rejects Intoxication Instruction" »

A reward is reportedly being offered for any information leading to the arrest of the individual who tempered with a Williamsburg, Kentucky police officer’s truck in an apparent effort to kill him. The incident occurred in early August when Officer Shawn Jackson lost control of his pickup on Highway 25W and ran off the road. It was discovered that Officer Jackson's personal truck, a 2003 Chevy Pickup, had been tampered with while it was parked at his home. The situation is reported to be a possible murder-for-hire situation because Jackson plays a heavy role in combating drug trafficking in Whitley County, Kentucky.

Continue reading "Police Fear Attempted Murder as Goal in Truck Tampering" »

A fifteen year-old Knoxville girl contacted authorities yesterday afternoon to report an attempted kidnapping that occurred shortly after she got off the school bus. According to the teen, she got off the bus at around 5 p.m. at the intersection of Gap Road and Bonny Avenue, when she noticed a dark red truck speeding toward her. She had to jump out of the path of the truck to avoid being ran over, at which point the truck abruptly came to a halt, and a man got out of the truck and grabbed the teen by the arm, attempting to pull her into the truck with him. Thankfully, the teen was able to kick the man and escape his grasp, allowing her to run home. The suspect, described as a black male with a deep voice, scraggly goatee, and yellow teeth driving a dark red mid-size pickup truck has not yet been apprehended. More details can be found here.

Continue reading "Knoxville Teenager Reports Attempted Kidnapping" »

Today marked the start of the first-degree murder trial of William Johnson, the man who is accused of opening fire inside Reno Menswear, a department store located in Knoxville Center Mall (formerly known as East Towne Mall) in October of 2008, killing a store employee. Johnson reportedly got into a dispute with Reno Menswear employee Ahmed Nahl over a purchase he had previously made at the store which ended with Johnson returning to the store with a firearm and fatally shooting Nahl. When officers responded to the scene, Johnson also allegedly exchanged gunfire with them and was wounded in the process. He also faces charges of attempted murder and kidnapping.

First-degree murder trials always make the headlines because the offense of first-degree murder is literally the most serious offense a Tennessean can commit. The State of Tennessee reflects this view of the offense in its approach to sentencing by punishing offenders who are found guilty of first-degree murder with either death, life with parole, or life without parole and electing not to include it in one of the felony or misdemeanor classifications like every other criminal offense in Tennessee.

When a person has been charged with a crime so serious that death is literally an option for punishment, it is absolutely crucial that he or she is represented by experienced and dedicated criminal defense counsel who has the knowledge and expertise necessary to present the strongest case possible to the jury. A skilled Tennessee criminal defense lawyer can make sure that improperly obtained evidence is excluded, that statements taken in violation of the defendant’s rights are not admitted and that the trial and any sentencing is conducted in a fair manner. Such knowledge gives the defendant the best possible chance of achieving a favorable resolution at trial.

Source: http://www.wbir.com/news/article/137112/2/Trial-begins-for-accused-Knoxville-Center-Mall-shooter

No matter how great your life is, there comes a time when you are going to have a bad day. Everyone reaches a boiling point where they have had enough and need to blow off some steam. People choose to do this in different ways; some folks take martial arts classes, some go out and hit the town, and some, like Jake B. Loftis, 22, of Blaine, Tenn., and Knoxville resident Samuel J. Adams, 26, find a buddy, strip down naked, and frolic through a tiger sanctuary.

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