Tennessee Criminal Lawyer Blog

Ohioans who lose sleep over the thought of poor children becoming educated can rest easier now. In fact, they can rest assured that their state will apparently do whatever it takes to make sure that children who are unfortunate enough to reside in public housing do not distract the more fortunate children from getting a top notch education in its nicer public schools. For an example of how Ohio is laying down the law with regard to "education thieves," look no further than the case of Kelly Williams-Bolar who had the audacity to claim that her daughters, who lived with her in Akron city public housing, lived with their father in a different school district in order to have them placed in a better public school. Recognizing the havoc that the educated poor could wreak on the established societal order, the State of Ohio ensured that the dastardly deeds of Ms. Williams-Bolar were met with swift justice.

Continue reading "Akron Mom Jailed For Placing Kids in Better School..." »

In criminal trials, the question is not so much whether a defendant did or did not commit the crime alleged, but rather whether the prosecution will be able prove that the defendant committed one or more of the crimes alleged. This inquiry is especially critical during the stage of a criminal trial where the option to plea bargain is still available to the defendant. Very often, the most important factor to be considered during plea bargaining is what evidence the state is going to present at trial, how strongly that evidence makes the case that a defendant did indeed commit the crimes alleged, and how well the defense's rebuttal evidence is likely to stand up to the prosecution's proof.

Continue reading "How Strong Is the Evidence Against Me?" »

If a criminal defendant is charged with a drug-related offense, there is a pretty good chance that he or she was caught with drugs on their person, in their car, or in their home or that witnesses saw that person participate in a drug transaction. Because evidence of this type is extremely difficult to overcome at trial, making sure it is not presented to the jury is a criminal defense attorney's number one priority. The best way to avoid exposing the jury to such evidence is to have it suppressed, meaning it is completely excluded from the criminal trial altogether.

Continue reading "Illegal Search Causes State Supreme Court To Overturn Drug Conviction" »

Release eligibility is a concept that is misunderstood by many Tennesseans who are discussing criminal sentencing. Most often, it is misinterpreted as automatically allowing a defendant to walk out of confinement after serving only a portion of their sentence, especially by those who are displeased with the criminal justice system and complain that criminal defendants often get off too easy. The truth is that the release eligibility date ("RED") is merely the first date at which a criminal offender can be released from confinement, but it is certainly not a guarantee of being released.

Continue reading "Release Eligibility Dates" »

In every profession, there are some who go about their job the right way and some who do not. Unfortunately, those who do their job the wrong way and happen to be in law enforcement have the ability to put the lives and freedom of citizens in serious jeopardy. For a great example of this, look no further than the story of two Monroe County Sheriff's Deputies who fooled criminal suspect John Dawson into believing that the detectives were actually lawyers who represented him and tricked him into pleading guilty on charges of theft, drug-dealing, and burglary.

Continue reading "Detectives Pose as Fake Lawyers to Secure Guilty Plea" »

If you watch any legal drama or real-life murder trial, the chances are pretty high that you will see the prosecution attempt to get photographs of the crime scene introduced into evidence and displayed to the jury at trial. Very often, these photographs will depict the victim covered in blood, riddled with gunshots, or in some other manner that proves extremely prejudicial to the defendant. A good criminal defense attorney will undoubtedly object when these photographs are admitted to preserve the issue of the photographs for appeal (if the attorney does not object the defendant is likely out of luck and has lost the opportunity to challenge the admission of the photographs) but whether or not they actually get in will be based on a judge's evidentiary ruling.

Continue reading "Crime Scene Photographs " »

Double jeopardy is a criminal law concept of which most Tennesseans have at least a basic understanding. In it's most basic form, it signifies the Constitutional guarantee that criminal defendants who are acquitted of a particular offense do not have to fear being placed on trial for that offense at a later date, but the double jeopardy clause actually provides far more protection than that under its current interpretation.

Continue reading "Double Jeopardy Considerations" »

When it comes to stay-at-home jobs, you would think that fake doctor/surgeon has to rank right up there with methamphetamine manufacturing and prostitution as among the more lucrative options, although those career paths certainly carry a little more risk than just opting for the safer medical-transcriptionist or crochet artist options. The fake surgeon route seemed to be working pretty well for thirty-six year-old Whalesca Castillo from New York, who ran a clinic out of her home for over two years that specialized in silicone-based enhancements for women until she was recently discovered and shut down by the authorities who tracked a shipment of silicone from the Dominican Republic to her house. While there is nothing wrong with performing breast augmentation procedures if you are a licensed medical practitioner, Whalesca was nothing of the sort which can be attested to by the fact that she used Krazy Glue to glue her patients’ breasts back together after she worked on them. She was arrested and will be charged for practicing without a license.

Continue reading "New York Woman Busted for Running Plastic Surgery Clinic Out of Her Home" »

The Tennessee Rules of Criminal Procedure are put into place to ensure that defendants receive a fair trial and that criminal trials run as quickly, smoothly, and fairly as possible. Rule 11 of the Tennessee Rules of Criminal Procedure governs the entry, procedure, and acceptance of guilty pleas by a defendant in a criminal case. This is a rule that is tailored toward fairness to the defendant and focuses primarily on ensuring that the defendant is aware of the rights that he or she may be giving up in order to plead guilty. Specifically section (b) of Rule 11 lists all of the information that a court must relay to a defendant before accepting a guilty plea (that the defendant has a right to a trial by jury and is waiving that right by pleading guilty, e.g.). A recent change to section (b) will ensure that criminal defendants who are immigrants while holding attorneys accountable for properly checking the immigration consequences that may accompany a guilty plea by defendants.

Continue reading "Criminal Procedure Rule Change Helps to Protect Immigrants" »

If you watch any high-profile trial involving a victim who has been sexually abused, physically abused, murdered, or otherwise attacked, you will likely see the defense introduce some evidence of questionable behavior or character on the behalf of the victim. Many onlookers see this as the attacking of the victim at trial, sometimes accusing the defense of "putting the victim on trial," but such a characterization is not at all true and is misleading as to the necessity and usefulness of offering evidence of the victim's misconduct at trial. Often offering such evidence is mandatory to a defendant's theory of defense (self-defense, consent, etc.) and failure to do so could subject the lawyer to punishment for violating his duty to be a zealous advocate for his or her client.

Continue reading ""Attacking" the Victim at Trial" »

Any time a DUI-related statute undergoes a change, you can bet a lot of Tennesseans will be affected. Almost 4,000 Tennesseans every year are cited for driving under the influence by the Tennessee Highway Patrol alone and countless more are cited by the law enforcement officials of the various cities and counties in Tennessee. A charge of violating the implied consent law often goes hand-in-hand with a DUI charge. To put it simply, anyone who drives a motor vehicle in Tennessee gives their implied consent that they will submit to testing for the drug or alcohol content of their blood by a law enforcement official who has reasonable grounds for desiring the test. What this law essentially does is punish Tennesseans who refuse to submit to such testing in an effort to avoid a DUI conviction. On January 1, 2011 a big change was made to the implied consent law which will impact Tennesseans.

Continue reading "New Year Brings Changes to Implied Consent Law" »

Imagine this scenario: you and a buddy are hanging out in your apartment after school. On your coffee table lays $600 in cash you recently received from cashing a paycheck but did not deposit because the next morning you are meeting a guy (who hopefully isn't a serial killer or scam artist) to purchase a used motorcycle that you saw on Craigslist. Suddenly the police knock on the door, arrest your buddy, kick around your apartment for a few minutes, take your cash from the table despite your protests and apparent innocence, and then they leave. Can you get your cash back? How do you go about it?

Continue reading "Recovering Seized Property" »

The Tennessee Court of Criminal Appeals recently made life a little tougher for criminal defendants and defense attorneys by ruling that "intentional or knowing" mental requirement that is present in the assault and aggravated assault statutes does not apply to the element of "serious bodily injury" that is required for an aggravated assault conviction. In a case called State v. Jones, the Court ruled that the statute was written in such a way that to be convicted of aggravated assault, defendants did not have to know or intend that their actions would cause "serious bodily injury" to the victim; rather, it was enough that the defendant simply intended to cause some type of bodily injury and that serious bodily injury did occur.

Continue reading ""Serious Bodily Injury" in Aggravated Assault Cases" »

The right to a speedy trial is guaranteed to Tennesseans by both the United States and State Constitutions and by statute in Tennessee. This safeguard is put in place to ensure that defendants do not have to fight criminal prosecution for an unreasonable amount of time and that the trial does not drag out so long that the evidence becomes stale. This right has been interpreted by Tennessee courts to mean that no part of a trial, from the initiation of criminal proceedings all the way through the sentencing phase, should drag out so long that the defendant is negatively impacted by the delay. In cases where an unreasonable delay has caused harm to a criminal defendant, he or she may be able to have the charges dismissed, thereby putting an end to the prosecution.

Continue reading "The Right to a Speedy Trial" »

In any argument, especially one between two people involved in a romantic relationship, there seems to be one individual who simply has to get the last word in or get the upper hand. Anyone looking to emerge victorious from any argument can consider the example provided by Pamela Rozelle of Camden, New Jersey, who got the upper-hand on her boyfriend Richard King, Jr., by reportedly using a cigarette to light his blanket on fire while he was in the midst of an alcohol-induced slumber (according to reports both parties had been drinking throughout the day). According to reports, Rozelle was enraged that she could not find her car keys and that King would not wake up to help her find them. Needless to say, he woke up when he found out that he was being burned alive and ran out into the snow to douse the flames. He suffered severe burns but is not in critical condition. Authorities surprisingly did not buy Rozelle’s story that she accidentally dropped the cigarette on King, and she has been charged with arson and assault.

Continue reading "Woman Sets Boyfriend Aflame Over Lost Car Keys" »

The start of a new year is bringing new changes to Tennessee's criminal laws in ways that will greatly impact some Tennesseans. Most notably, changes are coming in the way first-time DUI offenders are punished and a new reporting requirement will take effect regarding illegal immigrants. Both of these changes stand to place a significant burden on criminal defendants in Tennessee, and both attorneys and other citizens alike should be aware of the gist of the new laws.

Continue reading "New Year Brings Tougher Criminal Laws to Tennesseans" »