Tennessee Criminal Lawyer Blog

Every year, young people without criminal records go to Bonnaroo seeking a good time only to have their future prospects diminished because of a criminal citation or arrest. Once the person pleads guilty, the consequences can be devastating—from jail time and fines to academic disqualification and financial aid ineligibility.

The common criminal charges and their statutory penalties are as follows:

Simple Possession. A first time offense of simple possession of a controlled substance carries a sentence of no more than a year and a $2,500 fine. Simple possession in Tennessee typically applies when you have been busted with only a small amount of a controlled substance, such as marijuana or LSD.

Felony Drug Possession. Felony drug possession is a more serious crime and penalties vary depending on the type and amount of the controlled substance in your possession. For example, if you were found to possess between one-half ounce and ten pounds of marijuana, you could be charged with a Class E felony, which carries between a 1 and 6 year prison sentence and/or a $3,000 fine.

Drug Paraphernalia. Possession of drug paraphernalia is a Class A misdemeanor if the state can prove that you intended you use it to pack, store, contain or conceal a controlled substance. Under Tennessee law, "drug paraphernalia" means all equipment, products and materials of any kind that are used, or intended for use in storing, concealing, injecting, inhaling or otherwise introducing into the human body, a controlled substance.

Underage Consumption of Alcohol. Underage drinking in Tennessee carries with it relatively severe punishments. If you were under age 21 and you purchased, received, or had in your possession an alcoholic beverage in a public place, you could be facing up to a year in jail and/or a fine of up to $2,500. You will also be denied driving privileges if convicted.

Public Intoxication. You are facing fines and possibly a few months in jail if found guilty of this crime. An offense is committed if you were on the festival grounds or at a place of business or other public place and, while under the influence of an intoxicating substance, endangered yourself or others, destroyed property, or were simply annoying to the people around you.

If you have been charged with any of the above-listed crimes or any other crime while at Bonnaroo or while leaving the festival, the experienced criminal defense attorneys at Baker Associates encourage you to call us at 866-853-2888. The consultation is free.

When you hire an attorney, the attorney’s responsibility is to you and not your parents. In fact, the Professional Code of Ethics for the State of Tennessee requires the attorney to maintain a normal client-lawyer relationship with a minor so long as the minor’s ability to make adequately considered decisions in connection with the representation is not impaired.

When a normal client-lawyer relationship is formed, the represented minor enjoys the same confidentiality protections as if the minor was an adult. Under the Code, the attorney is required to keep all the matters of the case confidential unless the client gives the lawyer permission to share that information with specified persons, such as a parent or guardian.

At Baker Associates, we take our ethical obligations to you seriously and will work hard to mount a vigorous Tennessee juvenile defense against the charges against you. If you received a citation or were arrested while at Bonnaroo or while leaving the festival, don’t plead guilty to the crime and risk the quality of your life and your future prospects. Call an experienced criminal defense attorney at 866-853-2888.

If your child has been cited or arrested while at Bonnaroo for a drug offense in Tennessee or other offense, the criminal juvenile defense attorneys at Baker Associates can help.

Every year, we defend children who have been charged with a crime while at Bonnaroo or traveling to or from the festival. State troopers and local law enforcement are everywhere stopping vehicles and coercing children to allow them to search their vehicles. When they find evidence such as drugs or drug paraphernalia, the officer then either gives your child a citation or arrests him or her on the spot. Children also get arrested for other offenses at Bonnaroo just because they were in the vicinity of an alleged crime.

The consequences of a criminal conviction can cause serious damage to your child’s future. Not only is there potential for detention and probation, but a conviction can jeopardize your child’s eligibility for admission into college and/or financial aid eligibility.

Don’t risk your child’s chances, consult one of our experienced criminal defense attorneys in Tennessee at Baker Associates by calling 866-853-2888. We have had considerable success in getting records expunged, sentences reduced, and evidence thrown out based upon proof of an unlawful search.

If you have been charged with a drug-related offense while at Bonnaroo or while leaving Bonnaroo to return home, we encourage you to consult a criminal defense attorney at Baker Associates immediately. A lot is riding on the decisions you make right now because choosing an inexperienced attorney or pleading guilty without the full knowledge of your rights can have a devastating impact on your future life prospects.

First and foremost, your freedom is in jeopardy. While simple possession is a Class A misdemeanor, you could still be facing up to a year in jail. More serious drug offenses are felonies, the conviction of which results in a sentence of between one and sixty years depending on a variety of factors including the type and amount of drugs in your possession, whether the drug exchange was between you and a minor, and whether you had prior convictions.

Fines can also be quite severe for drug related offenses. For simple possession of marijuana, for example, you could be fined upwards of $2,500. More serious drugs, like cocaine and crystal meth, can result in a $100,000 fine if the amount was less than .5 grams and the court finds that you possessed the drug with the intent to distribute. If the amount is greater than 26 grams, the fines can reach as high as $200,000.

If you are currently in college or in a technical school, a drug conviction can make you ineligible for financial aid. On the FAFSA, question 31 asks: “Have you been convicted for possession or sale of illegal drugs for an offense that occurred while you were receiving student aid.” If you fail to answer, then you are disqualified. However, if you answer yes, then you are sent to a worksheet page. The answers you fill-in on the worksheet determine whether the conviction will affect your ability to get financial aid. After completing a second questionnaire, you will then be referred to a campus administrator who will handle your case individually.

Moreover, a drug conviction can go on your permanent public record. Thus, a potential employer will be able to see your drug conviction and deny your application for employment. Upon conviction, a judge may also order you to drug treatment and rehabilitation.

A drug conviction also affects your right to vote. All persons convicted of a felony lose their right to vote and may be eligible to have the right restored only upon completion of his or her sentence and subsequent application for a “certificate of restoration” from the Board of Probation and Parole.

The path you are now on and the goals you have set for yourself can be drastically changed upon a drug offense conviction. It is important that you do not plead guilty but rather seek out a Tennessee criminal defense attorney who has the experience and skills to keep you on the right track. A lot is riding on you making the right decision: call 866-853-2888 for a free consultation.

Did you know that at last year’s Bonnaroo festival in Manchester, Tennessee, State Troopers logged more than 5,600 man-hours and wrote 323 citations and 55 warnings—many of which involved drug-related charges in Tennessee. That’s simply staggering.

While there are several types of drugs available at Bonnaroo, some of the more common drugs seized at Bonnaroo last year were:

• Marijuana


• Nitrous Oxide


• LSD, and


• Mescaline

However, given the growing diversity of Bonnaroo-goers, there is likely to be found such drugs as OxyContin, Crystal Meth (methamphetamines), Cocaine, and Heroine at this year’s festival. All of these drugs are controlled substances in the state of Tennessee.

Possession of controlled substances in small amounts may result in simple possession drug charges. While not a felony, this crime is classified as a Class A misdemeanor and if convicted, you could be facing jail time and/or a fine—not to mention a criminal record. If the exchange, however, was between you and a minor or if you had been convicted of a Tennessee drug crime in the past, you could be charged with a felony. If greater amounts of drugs are found in your possession, the state can charge you with felony possession.

Citations and arrests can both lead to convictions and a criminal history. Your freedom, your right to vote, your ability to get a job, and your education may all be on the line. We therefore encourage you to hire a lawyer rather than to plead guilty to a drug offense.

At Baker Associates, we have the knowledge and skills to defend you. For example, in many cases, we have successfully had drug evidence thrown out because an officer unlawfully searched a vehicle or person. We have also successfully had evidence thrown out upon proof that the search exceeded the consent given by the defendant. If you have been cited or arrested with a drug offense at this year’s Bonnaroo, don’t hesitate, call the experienced TN criminal defense attorneys at 866-853-2888.

Beginning Wednesday evening and continuing through Monday morning in Manchester, the Tennessee Highway Patrol along with local law enforcement will be stopping cars for speeding violations along the routes leading to and from Bonnaroo. Inevitably, officers search some of these vehicles for drugs and drug paraphernalia in Tennessee.

Many speed traps leading to car searches will be set up along Interstate 24 (I-24) west toward Nashville and east toward Chattanooga. Drivers can also expect speed traps along U.S. Highway 41/70S in Coffee (Manchester), Bedford (Shelbyville), and Rutherford (Murfreesboro) counties in addition to state highway 55 (McMinnville Highway) going northeast toward Warren county (McMinnville) and southwest toward Tullahoma and Lynchburg in Moore county. State Highway 53 (Woodbury Highway) may also be heavily monitored. Other counties along I-24 include:

• Hamilton (Chattanooga)
• Meigs (Decatur)
• Grundy (Altamont)
• Van Buren (Spencer)
• Sequatchie (Dunlap)

Speed traps may also have been set up along I-40 in the following counties and county seats:
• Wilson (Lebanon)
• Smith (Carthage)
• Dekalb (Smithville)
• Putnam (Cookeville)
• Cumberland (Crossville)
• White (Sparta)
• Morgan (Wartburg)
• Anderson (Clinton, Oak Ridge)
• Roane (Kingston)
• Loudon (Loudon)
• Knox (Knoxville)
• Blount (Maryville)
• Sevier (Sevierville, Gatlinburg, Pigeon Forge)
• Cocke (Newport)

When stopped along these routes, officers often ask the driver for permission to search the vehicle. Intimidated, drivers often give their consent. However, you don’t have to! Did you know that only in certain limited circumstances can the officer search your vehicle? And, even if you do give consent, the consent must be unequivocally, specifically, and intelligently given without pressure or coercion. Moreover, if evidence is seized during a consented-to search, the evidence will only be admissible if it was within the scope of the consent given.

Upon refusal to give consent, however, the police may hold you for long periods of time in order to get a search warrant. But, a traffic stop for speeding can become unreasonable and unconstitutional if the time, manner or scope of the investigation exceeds the scope of probable cause. Remember that if the police hold you longer than necessary, all evidence they seize after that can be subject to suppression in court.

The police may also tell you that he or she has called for drug dogs and that you might as well let the officer search your vehicle. The officer may also say that he or she can search your car with or without your consent. Don’t believe the officer because this is not the law—you always have the right to refuse a search.

If you have fallen victim to an unlawful search and seizure of your person or vehicle and charged with a drug-related offense, the criminal defense attorneys at Baker Associates can help. Give us a call at 866-853-2888 to receive a free case evaluation.