Tennessee Criminal Lawyer Blog

While the majority of law enforcement officials seem to be upstanding, truthful individuals, the law often requires something more than a mere statement or assertion by a law enforcement official in order to justify the performance of certain actions. For example, search warrants are often held invalid where the entire reason for the issuance of a warrant is that a law enforcement official told a magistrate that he simply knew or believed there was illegal activity going on inside the place to be searched. In a similar vein, the Tennessee Court of Criminal Appeals recently overturned a conviction for driving on a revoked license because the only proof presented by the state was the testimony of two detectives stating that they ran a computer check on the defendant's license and it showed as suspended.

Continue reading ""...Because I Said So"" »

Duncan, South Carolina authorities are in the midst of a three year crackdown on the most heinous of all criminal offenders: parents who cheer for their children at their high school graduations. In fact, just days ago fourteen such insurgents were issued a citation, which carries a $262.00 fine, for disorderly conduct for cheering their loved ones on at the Byrnes High School graduation. When asked about his department's work in bringing the offenders to justice, the Duncan Police Chief indicated that the graduation-goers were warned through the students to hold their applause to the end of the ceremony and that they did indeed fail to hold that applause, prompting swift action from the police. This situation, while seemingly absurd, does prove two very important points. First, Duncan, South Carolina must be the safest and least crime-ridden city in the world to be this concerned with such a ridiculous issue. Second, even the most well-intentioned of individuals can find themselves in trouble with the law.

Continue reading "Parents Ticketed for Cheering at Graduation" »

The issue of prisoners' rights is one that has always been, and probably always will be, hotly debated. However, with the exception of a minority of extremists who believe that individuals in jail deserve absolutely no rights of any kind, most Americans would agree that the individuals who are in custody deserve to be fed, clothed, and administered the proper medication for any illnesses that those individuals may have. The reason for this is simple: without those basic needs being met, the very life of an inmate can be placed in serious jeopardy. No one knows this better than the family of former inmate Pamela Weatherby, who passed away in a Texas prison last July after suffering complications from diabetes.

Continue reading "Inmate Dies From Lack of Proper Medical Care" »

In any given criminal courtroom on any given day, it is a pretty safe bet that at least one defendant whose name is listed on the docket will fail to show up for his or her court date. More often than not, the criminal court judge will issue a "capias" directing that defendant to be arrested and brought to court immediately unless the defendant or his or her attorney has notified the court ahead of time that he or she would be absent. When one thinks of the advantages of having the assistance of a criminal defense attorney, one extremely beneficial aspect that is often overlooked is having the aid of someone who can reschedule court dates in advance and keep the court informed of a defendant's situation so that they are not arrested and cited for failing to appear at a mandatory court date.

Continue reading "Failure to Appear" »

Criminal defense attorneys across the country may come to remember May 16, 2011 as the date that the United States Supreme Court essentially killed the search warrant. In a decision handed down yesterday, the Supreme Court ruled that officers acted reasonably in kicking down a Kentucky man's door and entering his home without a search warrant because the officers thought they smelled marijuana emanating from the room, heard some noises, and thought the man may have been trying to destroy evidence. The Supreme Court's ruling overturned a decision from Kentucky's highest court that held the evidence was inadmissible because it was obtained without a search warrant in violation of the defendant's constitutional rights. The United States Supreme Court's decision here essentially paves the way for officers to enter any residence at any time, providing they are acting "reasonably" when they kick down your door and burst in on your terrified family.

Continue reading "Supreme Court OKs Warrantless Search" »

A New York woman was taken to a local psychiatric hospital on Saturday after she treated onlookers at New York City's Waldorf Astoria Hotel to an episode of bizarre behavior. According to reports, the woman was carrying a .25 caliber handgun and wearing bright pink panties on the outside of her clothing while walking around the hotel lobby speaking some form of gibberish. When confronted about her behavior, the woman apparently told authorities that she was looking for some valuable jewelry that she had stowed in a hotel safe. The woman's mother apparently informed authorities that the woman had Lyme disease and that her medication often made her act strangely, which was enough to allow her to avoid a trip to jail and instead landed her in an area hospital for treatment.

Continue reading "Woman Apprehended for Brandishing Weapon, Panties" »

Sometimes the circumstances of a criminal case are such that the defendant will have an impossible time of trying to act like he or she did not commit the crime for which the defendant is charged. Take, for example the case of Marcelo Ochoa-Sanchez, who stabbed his wife to death in front of numerous eyewitnesses because he believed she was having an affair. In fact, Sanchez was so undisturbed by the thought of being detected while committing the crime that he stabbed his wife in the middle of the street, went home to switch knives, and came back to stab her some more, eventually killing her. He has been charged with first-degree murder.

Continue reading "Caught Red-Handed..." »

"Due process" is a phrase that is often thrown around by criminal defense attorneys and is a principle that is quick to spring into the mind of any attorney who is trying to find a solid argument for why his or her client may need a continuance granted in a case, why the client should be entitled to have certain evidence excluded, or why the client should have a conviction overturned. Simply put, the right to due process means that a defendant is entitled to have certain legal rights recognized and observed during the course of a criminal trial. Some of the most important of these rights are the right to a trial by jury in most cases and the right to confront witnesses against the defendant. These rights are usually observed in criminal cases, but when they are not, the defendant may have grounds to get a conviction overturned.

Continue reading "Denial of Due Process" »

Americans who feel like the country is being overrun by hoodwinks, swindlers, and various other types of rogues should check out Cheney, Washington - where the Cheney Municipal Prosecutor leaves no stone unturned - as a potential residential destination. To see just how seriously Cheny takes the fight against crime, look no further than the story of John Richardson, a student at Eastern Washington University who recently stood trial on the charge of "stealing" a ninety-nine cent hot dog from a local Costco. As many shoppers do, Richardson grabbed himself a snack to enjoy while he shopped and then simply forgot to pay for the hot dog before exiting the store. Since he did, however, pay for twenty eight dollars worth of merchandise, surely there would not be a huge ordeal over a dollar hot dog, right?

Continue reading "Man Goes to Trial Over Hot Dog" »