Tennessee Criminal Lawyer Blog

Having a loved one go to jail can be an extremely difficult thing for anyone. Knowing that a friend or family member is incarcerated and being deprived of their freedom, family, and almost everything in life that is fun can cause some individuals to make poor decisions in an effort to make a loved one feel better while in jail or to get out of jail completely. Tennessee recognizes that safety concerns are of the utmost importance in its jails and has enacted a statute to prohibit the smuggling in of various types of items that have no business being there.

Continue reading "Introduction of Contraband Into a Penal Institution" »

After going through the rigors of law school, almost any lawyer would relate that it is not an overly pleasant experience, what with the demanding curriculum, long hours, and intense pressure that accompanies a competitive academic pursuit. Likewise, any medical doctor would tell you that medical school was no walk in the park. How much easier it would be if one could simply print out a license, hang it on the wall, and begin the practice of law, medicine, chiropractics, or some other pursuit that normally requires years of training and rigorous examination. Unfortunately, individuals who try to pursue a career in a licensed profession in this manner are much more likely to end up in jail than actually making a living in their chosen profession.

Continue reading "Impersonation of Licensed Professional" »

Sometimes in life, it would be advantageous to simply be someone else. For example, it would be very handy to be a different person if the police are questioning your identity because there is a warrant out for your arrest. Likewise, it would be very convenient to "be" a representative of a charitable organization if you are going door-to-door soliciting donations for that organization with the intent to keep the money. Tennessee has appropriately outlawed such conduct in its Criminal Impersonation statute, T.C.A. 39-16-301.

Continue reading "Criminal Impersonation" »

In almost any civil or criminal case that goes to trial, the testimony of witnesses, especially eye-witnesses who seem otherwise disinterested, often plays a huge role in the outcome of the case. In fact, a seemingly disinterested witnesses can be much more influential in the eyes of a judge and jury than any of the parties actually involved in the case. For that reason, individuals may feel tempted to bribe a witness in order for them to take the witness stand and lie under oath in an attempt to help the bribing party win its case.

Continue reading "Bribery of a Witness" »

Whether you live in a small town or a big city, you probably know that the best way to get anything done is to know the right people. In many cases, knowing the right people is the key to getting a certain job, especially a county or city job, getting a certain type of zoning or building permit, or getting a project approved with a local planning commission. This "you scratch my back, I'll scratch yours" system often gives way to activity that constitutes a very serious felony charge in Tennessee: Bribery of a Public Servant.

Continue reading "Bribery of a Public Servant" »

Perhaps the most important right any criminal defendant has in most criminal cases is the right to have their guilt beyond a reasonable doubt decided by a group of their peers, which we call the right to a trial by jury. It makes sense, then, that the right to have a jury decide your case is accompanies by the right to serve on a jury and deliberate upon the guilt or innocence of others. Tennessee's legislature has demonstrated the public interest in allowing citizens of this state to serve on juries by making it a criminal offense for an employer to infringe upon that right by using the following language:

It is a Class A misdemeanor for any employer to dismiss from employment any employee because of jury service by that employee.

This statute presents both criminal and civil law issues of which Tennesseans should be aware.

Continue reading "T.C.A 39-16-514: Dismissal of employee because of jury service." »

Our most recent blog focused on the offense of retaliating against someone for an action they have taken in an official capacity. That statute is designed to protect individuals who play a key role in judicial proceedings from being threatened or harmed due to the fulfillment of their official duties. This blog deals with a similar statute, which aims at protecting the integrity of the judicial process by making sure that jurors are not influenced by receiving some sort of benefit in exchange for their vote in a criminal or civil case.

Continue reading "Receipt of Compensation for Past Action" »

"Retaliation for Past Action" is an offense which has a title that is somewhat ambiguous as to exactly what conduct the statute makes criminal. However, that question is cleared up in the very lengthy definition provided in the statute:

A person commits the offense of retaliation for past action who harms or threatens to harm a witness at an official proceeding, judge, district attorney general, an assistant district attorney general, an employee of the district attorney general or a law enforcement officer, clerk, juror or former juror, or a family member of any such person, by any unlawful act in retaliation for anything the witness, judge, district attorney general, assistant district attorney general, employee of the district attorney general or a law enforcement officer, clerk, or juror did in an official capacity as witness, judge, district attorney general, assistant district attorney general, employee of the district attorney general or a law enforcement officer, clerk, or juror. The offense of retaliation for past action shall not apply to an employee of a clerk who harms or threatens to harm the clerk.

Continue reading "Retaliation for Past Action" »

One of the most basic rights guaranteed to criminal defendants by our federal and state constitutions is the right to have a trial by a jury of one's peers. In such cases, countless hours of preparation, strategizing, and hard work go into trying to influence a jury to vote one way or the other. Very often a juror's vote determines whether a defendant walks away scot-free or serves a lengthy prison sentence. How tempting it must be, then, for a party to a criminal case to want to communicate privately or improperly with a juror or influence them to vote one way or the other.

Continue reading "Improper Influence of a Juror" »

Most of the time, criminal and civil cases make it to trial because there is something worth fighting for, which for many people means there is something worth lying about. In many cases, especially criminal cases, people have a tendency to try to tamper with or destroy evidence. A classic example of this would be someone who tries to toss drugs out of the window of a car or eat them as they are being pulled over. Another example would be a corporation that shreds documents to get rid of incriminating content on the documents. Individuals also frequently feel the need to fabricate evidence in many cases, such as when parents in custody cases convince their children to write letters accusing the other parent of horrible misdeeds. Individuals contemplating either of these courses of action should know that not only is such behavior dishonest, it is illegal.

Continue reading "Tampering With or Fabricating Evidence" »

Individuals choose to file false reports for a variety of reasons, but the filing of false reports seem to be the most common in domestic cases and divorces, where one person feels like they can "get" the other person by informing the authorities that the other person has committed some illegal act, such as domestic assault. Often in such cases, the alleged victim later decides that he or she does not want to testify at trial against the defendant but then changes his or her tune when the prosecutor tells them that if they do not testify against the defendant they could be charged with filing a false report, essentially blackmailing the witness into testifying against the defendant and potentially destroying any relationship the two individuals may have. If you or someone you know is ever subjected to such a threat, it will be important to know what type of conduct constitutes the offense of filing a false report.

Continue reading "Filing a False Report" »

Very often, the punishment for a certain type of conduct is determined as much by the circumstances surrounding the conduct as the actual conduct itself. For example, driving a car twenty miles in excess of the speed limit on the interstate is not punished the same as driving a car twenty miles in excess of the speed limit in a school or construction zone. In the same way, the offense of perjury can actually be enhanced to the crime of aggravated perjury if a person commits perjury under a certain set of circumstances.

Continue reading "Aggravated Perjury" »

Any attorney with courtroom experience can tell you that witnesses routinely lie in court, in depositions, and on documents that are supposed to be filled out under oath. While individuals undoubtedly realize that they are supposed to tell the truth while they are under oath, many simply feel that lying under oath is not nearly as bad as revealing damaging information to the judge or the jury. It is important for anyone who is placed under oath to recognize that lying under oath, called perjury under Tennessee law, is a crime that carries serious consequences.

Continue reading "Perjury" »