Tennessee Criminal Lawyer Blog

Be it gardening, playing video games, climbing mountains, or reading a good book, everyone has different ways they choose to pass their down time. If you are looking for a new way to occupy yourself when life gets boring, you should probably cross chucking mailboxes from interstate overpasses onto oncoming traffic off of your list, because it appears to be frowned upon by law enforcement. Three Tennessee men learned this lesson the hard way Wednesday night when McMinn County Sheriff's deputies arrested Casey Shane Thomas, 18 of Athens, Barry William Burbank, 20 of Sweetwater, and Jeremy Michael Mulkey, 19 of Athens for throwing objects off of an I-75 overpass in McMinn County. The men are charged with several counts, including attempted reckless homicide, which is a felony charge in Tennessee. When questioned by authorities, the men reportedly admitted to the activity and told police they did it because they “had too much time on their hands.”

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Facebook is quite possibly the most rapidly-growing form of communication in the world. It seems that nowadays people across the globe cannot wait to log in and update anyone who may be interested as to what they are doing every minute of the day, status updates range from everything from "headed to the movies," to "headed to the Bahamas (not a good idea because then everyone knows your house is vacant)" to "headed to the bathroom." It is no surprise that Facebook often leads to status updates or posts that provide a little too much information. Fortunately for most users, all that such posts usually lead to is a little embarrassment.

Continue reading "Accused Rapist Makes Unfortunate Post on Facebook" »

Entering a guilty plea is often a very hard thing for a defendant to do. In most cases, a guilty plea is entered because the defendant does not feel that he or she has a very high likelihood of success at trial and that the state or federal government has made a fair offer in exchange for the convenience of avoiding trial. Other times, however, defendants enter guilty pleas because they are coerced into doing so by defense counsel, friends, or family, or because they simply do not comprehend the significance of doing so. Entering a guilty plea involves waiving many of the constitutional rights that Americans hold dear: the right to a fair trial on the merits, the right to a jury of one's peers, the right to confront witnesses against oneself, and so on. Because a guilty plea carries with it the forfeiture of these rights and often means that the defendant will serve a period of time in confinement, Tennessee allows defendants to withdraw their guilty pleas if circumstances dictate that such action is appropriate.

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Most Tennesseans understand the type of activity that can give rise to a DUI charge, but it seems many are less clear on the question of “Where is this conduct prohibited?” After all, many activities constitute crimes only if they are conducted in certain places. Driving Under the Influence is one of those activities in that it is only illegal in places described in the DUI statute. At first glance, this may seem like a reprieve of sorts for defendants. Unfortunately for defendants, however, the statute pretty much allows DUI to be charged anywhere you would ever attempt to drive a vehicle.

Continue reading "Location Issues in DUI Situations" »

Any criminal defense attorney that has represented individuals charged with a DUI knows that many traffic stops that lead to DUI arrests are questionable at best, that is to say that such stops are often based on facts that do not rise to the level of reasonable suspicion required by Tennessee law to warrant a traffic stop of that particular vehicle. Far too often, it seems, Tennesseans are pulled over merely because they failed to drive perfectly while a police officer happened to be watching. Tennesseans should know, however, that perfect driving at all times is not required and the mere fact that a police officer has pulled you over does not mean that individual correctly assessed the situation or has an adequate legal basis for making the stop.

Continue reading "Videotape of Police Driving Helps Man Beat DUI Charge" »

Americans expect to encounter many dangers when they make the decision to order food at a drive-thru: inordinately long wait times, the employees messing up your order, being charged extra money for sauce packets, etc. What most Americans do not expect, however, is that employees at the restaurant may confront them at their car and attempt to give them a good ol’ fashioned beat-down for failing to communicate at an appropriate volume through the intercom. Well, as drive-thru customer Chloe Glover found out, at the Wendy’s in Lehigh Acres, Florida, you either order appropriately or pay the price.

Continue reading "Wendy’s Employee Attacks Customer for Speaking Too Softly" »

You either like living on the edge or simply didn't do a good job of picking your target when you break into a store that gives its entire inventory away for free on a daily basis in order to steal from the store. While this may not seem like the wisest course of action, that is exactly what two Canadian men did early this week, when they broke into a store called "The Free Store" where individuals can pay a fee to drop off unwanted items and customers can come in and take as much of the store's inventory as they want for free every day. The owner said that he was surprised to arrive at the store and see the men inside stealing the same stuff they could have walked in and taken for free any time they wanted. The men were apprehended, but there is no word yet as to whether they have been charged.

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As discussed in an earlier blog entry on our site, it is never a good idea for a criminal defendant to miss a scheduled court appearance. A general rule that criminal defendants should follow is that unless your attorney has informed you that you do not have to be in the courtroom, you should make every possible effort to be there for your court date. Sometimes, however, it is simply not possible to be in attendance, whether it be weather-related, illness-related, or for some other good reason.

Continue reading "Bad Weather: Do I Have to Come to Court?" »

Forty-year old Tennessean Daniel McGuire was apparently doing his best Dukes of Hazzard impression last week when he was nabbed by Polk County authorities for hauling 83 jars of moonshine in the trunk of his car. McGuire told authorities he was taking the moonshine to a nearby bar in Sebring, Florida, a story which, unfortunately for the bar manager, authorities believed. The bar owner was also arrested on charges relating to trying to sell the beverage illegally.

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Authorities have thrown the book at a Texas woman who failed to return some books that did not belong to her. Twenty-five year-old Jessekah Few of Baytown, Texas was arrested the day before Thanksgiving after she failed to make a court appearance in connection with owing $200 worth of library fees for books that were checked out by her and never returned. Few says that the books were destroyed in a house fire and has reportedly provided paperwork to back up that claim. Her charge is a class C misdemeanor, which is among the least serious of the criminal offenses and ordinarily carries minimal jail time.

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Although it seems like the percentage of cases that actually proceeds to a jury trial decreases annually, many defendants every year find themselves facing the critical stage of trial where they pick a jury. The Constitutions of the United States and the State of Tennessee guarantee a criminal defendant the right to a trial by a jury of his or her peers in most cases, but ensuring that the jury is one that is comprised of individuals who are fair and unbiased is the job of the criminal defense attorney.

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While being obese does have its health disadvantages, it can also provide some hefty benefits. Just ask twenty-eight year-old Ailene Brown and thirty-seven year-old Shmeco Thomas, two Oklahoma women who recently found a creative use for their corpulent condition. Authorities say the two ladies stuffed over $2,600 worth of TJ Maxx merchandise, consisting of four pairs of boots, three pairs of jeans, a wallet, and gloves, by hiding the items in their excess body fat in an attempt to steal them from the store. The duo apparently was able to hide the items in the areas where excess skin existed under their bellies, breasts, and armpits, according to an officer on the scene. The women were arrested for shoplifting but are now facing felony charges for theft.

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