Tennessee Criminal Lawyer Blog

For various reasons, a guilty plea is not an agreement to be entered into lightly and the considerations that the defendant must take into account extend beyond merely what punishment or lack thereof is being offered by the state. For example, entering a guilty plea may also impose additional burdens on a defendant (depending on the terms of the agreement) including the loss of the right to appeal the case.

This principle is illustrated by taking a look at State v. Weaver, a case that recently came before the Tennessee Court of Criminal Appeals. In Weaver, the defendant pled guilty to possession of cocaine in Tennessee with intent to sell and was given a four-year suspended sentence. Soon thereafter, he tried to withdraw his guilty plea, claiming that at the time he pleaded guilty, he was not aware that he was forfeiting his right to appeal a question of law relating to his charges. The Court of Criminal Appeals denied the defendant’s request to withdraw his guilty plea, holding that the defendant’s situation did not meet the standard of “manifest injustice” required to withdraw the plea.

Continue reading "Appealing A Guilty Plea" »

The way that Tennessee’s simple possession statute is written provides that it is an offense for a person to possess a controlled substance “[u]nless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice.” Thus, Tennessee law creates a “valid prescription” defense to a simple possession charge. To establish such a defense, a defendant basically has to prove to a jury’s satisfaction that he or she had a valid prescription to possess the controlled substance at the time the offense was committed.

In a case that recently came before the Tennessee Court of Criminal Appeals, the defendant tried to prove that he possessed a valid prescription for a controlled substance by arguing that the prescription belonged to his friend and that his friend had a prescription for the substance which created a situation that would establish a “valid prescription” defense. However, the defendant offered no evidence that his friend had a valid prescription for the substance other than the friend’s testimony. No pharmaceutical or medical testimony or records were offered at all. The jury was thus free to find, and did so find, that the “valid prescription” defense was not established and that the defendant was guilty of simple possession.

When, as here, a defense against a criminal charge exists, proof of the defense must be established in a persuasive enough manner to convince the jury or judge trying the case that the claim of defense is actually true. With regard to a valid prescription defense, medical or pharmaceutical records showing proof of the prescription are by far the most persuasive evidence that can be offered, and should have been offered in the above case if such records existed. Defendants who find themselves in similar situations would be wise to contact an experienced East Tennessee drug crime defense attorney who can assist them in the presentation of their defense
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Source: (State v. Kilpatrick, 35 TAM 11-25, 1/21/10, Nashville, Witt, 6 pages.)

Yesterday’s article focused specifically on searches of open fields, the significance of those areas being that they are sometimes used for the purpose of conducting illegal activities such as growing marijuana. The question regarding those areas for constitutional purposes is basically whether or not law enforcement officials can search for and seize evidence from those areas without first having to obtain a search warrant. The “open fields” doctrine established by the United States Supreme Court in Hester made it clear that they did not.

The Hester analysis, while it was and still is accurate, has since been superseded with regard to how to analyze a search by a test set forth by the United States Supreme Court in the case of Katz v. U.S. Katz established a two-part test for what constitutes a search for Fourth Amendment purposes. First, for a search to have occurred, it must have taken place in an area for which a person has an actual expectation of privacy (this is based on the specific person’s expectation, not an objective analysis). Second, the expectation of privacy must be reasonable. This case was based on the idea that the Fourth Amendment aims to protect the rights of citizens rather than the rights of certain locations, thus basing whether or not a search has occurred largely on the perception of the suspect in light of what society considers reasonable.

This case overruled the “open fields” doctrine to an extent, as it shifted the focus away from what was or was not a constitutionally protected area and toward the two-part test described above. However, the same result would be reached for all practical purposes with regard to the subject of “open fields” under the new analysis. Under the Katz test, there simply would be no search at all, since the location is one in which the Supreme Court has already ruled a person can not reasonably expect to have a constitutionally protected privacy right.

The Tennessee Supreme Court has included a case on its upcoming docket in which it will decide whether there is sufficient evidence to convict a defendant of tampering with evidence where there is no eyewitness to the actual act of alleged tampering. The defendant was convicted for tampering after he allegedly flushed cocaine down the toilet when police officers entered his home. No one apparently ever saw the defendant flush the cocaine down the toilet, but the defendant got up and ran from the room when he saw police and then the police heard the toilet flush. Officers testified that when they apprehended the defendant just after they heard the toilet flush, he was not undressed at all and there was water on the toilet seat, leading them to think something had been flushed. Since cocaine was found throughout the house, the officers concluded it was likely cocaine.

This case presents a complex issue, because arguments for both sides have some merit. From the point of view of the state, tampering with evidence will almost always be out of view of authorities, and its goal is to be undetectable. Thus, it will often be necessary to draw inferences from the surrounding facts to prove tampering rather than requiring an eyewitness every time.

Continue reading "Tampering with Evidence" »

For many people, the phrase “you have the right to remain silent…” is just a snazzy saying they hear on police dramas. For others, however, it is an important reminder of a Constitutional right that can be extremely beneficial if invoked when necessary. The right to remain silent derives from the Constitutional protection against self-incrimination afforded to criminal suspects. In its simplest form, it is the right to refuse to say anything that may implicate oneself as being involved in criminal activity. While the famous phrase quoted above is part of a standard Miranda warning that is typically given when a suspect is being arrested, the right to remain silent extends farther than that and can be invoked at routine traffic stops if necessary.

A good example of how this right may be beneficial comes from Crestview, Florida, where a twenty-five year-old man was recently arrested for possession of marijuana with intent to distribute. The man was pulled over for speeding, at which point the officers noticed that the man seemed nervous and that there was a strong odor emanating from his vehicle. When police asked the man if he had anything illegal in the truck, he replied with an ill-advised “I got $2,000 worth of weed in the truck,” immediately putting an end to the suspense and giving the officers probable cause to arrest him. He also admitted to selling marijuana on the weekends. Needless to say, there will be little trouble convicting the man on the charges unless there is some constitutional error with the stop.

Continue reading "The Right to Remain Silent" »

In what reads like part of a script from a good comedy movie, a woman has been charged with DUI after her escapades resulted in her trying to pay a police officer for her food at a Sonic drive-in. A 911 caller reported that the woman had nearly struck several vehicles while trying to navigate the complex obstacle course that is the Sonic parking lot before safely settling in a parking space. When the police arrived, they found the woman slumped over the steering wheel. When a police officer tried to get the woman’s attention, the woman does what any good customer at Sonic does and attempted to pay for her food by handing a $20 bill to the officer. The officer then informed the woman that she was a police officer, not a Sonic employee, but the woman remained undeterred and continued to try to offer the officer the $20 bill. The intoxicated driver was arrested and police found a syringe, a spoon with a white powdery residue, and numerous bottles of prescription medication in the car. She was charged with DUI and possession of drug paraphernalia.

DUI has been discussed fairly often on this blog, but possession of drug paraphernalia has not been examined too frequently. Tennessee makes it a crime to possess, use, or deliver drug paraphernalia. An extremely in-depth definition of what constitutes drug paraphernalia can be found in T.C.A. §39-17-402(12), but it basically means anything that is used in the growth, manufacture, packaging, or use of a controlled substance. The determination of whether or not an item constitutes drug paraphernalia is made upon the consideration of a number of factors, including but not limited to: any statements made by the person in control of the object, prior convictions of the person in control of the object for controlled substance offenses, the existence of any residue on the object, and the community’s perception of the object and it’s use. Possession of drug paraphernalia is a Class A misdemeanor, punishable by up to eleven months and twenty-nine days in jail. However, if such paraphernalia is delivered or manufactured or possessed with the intent to deliver, the offense is upgraded to a Class E felony, punishable by up to six years in prison.

Source: http://www.semissourian.com/story/1587285.html

Courts in Tennessee are generally prone to elevating substance over form whenever possible. For example, a court may treat an incorrectly named motion as though it were correctly named both in the interest of fairness and in order to increase judicial efficiency by preventing the needless revision of formal but harmless defects. Many jurisdictions have extended this concept to the search and seizure arena, holding that evidence seized pursuant to a defective or invalid warrant can be admitted into court if the officers acted honestly and reasonably in executing the search. This is known as the “good faith” exception to excluding evidence. Although Tennessee recognizes this exception in some circumstances, a recent decision by the Tennessee Court of Criminal Appeals reaffirms that Tennessee will not allow use of the exception to overcome the strict standards set forth for the execution of search warrants under the Tennessee Rules of Criminal Procedure.

A search warrant was issued authorizing a search of the home of the Defendant, Mr. Daniels, on December 2, 2005. This search warrant contained a facial defect, with “p.m.” having been circled by the magistrate in scribing the time of the warrant’s issuance rather than the appropriate “a.m.” Apparently this defect went unnoticed at the time the warrant was issued. Pursuant to the search warrant, police discovered illegal drugs in Mr. Daniels’s home, and he was arrested later that same day. Mr. Daniels was charged with two counts of possession with intent to sell, two counts of possession with intent to deliver, and unlawful possession of a handgun. Prior to trial, Mr. Daniels filed a motion to suppress the evidence seized pursuant to the defective search warrant, alleging that the warrant was fatally defective as the magistrate’s endorsing of the incorrect time on the warrant failed to comply with the standards set by Tennessee Rule of Criminal Procedure 41(c). The trial court ruled that it was merely a “clerical error” and said the “good faith” exception was applicable because the error was not significant enough to warrant suppression. The Court of Criminal Appeals disagreed.

Continue reading "Formal Defect Causes Fatal Deficiency" »

When a person is convicted of a crime and proceeds to the sentencing phase, the judge will begin to determine the sentence by looking at the applicable statutory sentencing range as a starting point. The judge will then proceed by applying enhancement or mitigating factors to increase or decrease the sentence as warranted. Tennessee law enumerates several enhancement factors that can be used to increase a defendant’s sentence if the factor is not an essential element of the offense. A simple way to look at enhancement factors is that they tend to be anything that makes the commission of the crime more offensive to the victims or to the public at large.

Tenn. Code Ann. Section 40-35-114 contains a list of enhancement factors in Tennessee, one of which is particularly relevant to this discussion. Tenn. Code. Ann. Section 40-35-114(14) states that an enhancement is warranted where: [t]he defendant abused a position of public or private trust, or used a professional license in a manner that significantly facilitated the commission or the fulfillment of the offense.” This enhancement factor will typically be used to increase the sentences of people, such as certain government officials and doctors, who abuse positions in which the public places a higher degree of trust. However, the factor can apply to any person who occupies a position in which the public or a private individual places its trust. Illustrative of this point is a recent case decided by the Tennessee Criminal Court of Appeals, where a judge at the trial court level applied this enhancement factor to a mail carrier.

Although not a profession often thought of when the term “position of trust” is discussed, a mail carrier is responsible for delivering sensitive information and important packages to citizens in the same condition in which it was sent. One such mail carrier, Mr. Bradley, was suspected of abusing his position after a police informant tipped off investigators that he was stealing drugs through the mail. The police then proceeded to set up Mr. Bradley by getting a police informant to arrange to sell narcotics to Mr. Bradley in person, and arrested him for his drug offense at the arranged meeting. Mr. Bradley pled guilty to possession of a controlled Schedule III substance with intent to sell, and received a four-year sentence, which he contended was excessive.

Continue reading "Enhancement Factor: Position of Trust" »

Every year a news story hits the national airwaves about a person who unlawfully enters school premises to commit a crime. Sometimes the crime committed is sexual assault and, at other times, the crime is distribution of controlled substances.

Just this year, Jackson, Michigan, made national news after a man unlawfully entered onto the school grounds of a local middle school and allegedly attempted to sexually assault a female student. Based on video surveillance footage, a 27-year old male waited at the locked entrance to the school’s music room, waited until someone opened the door, entered, walked directly into a female restroom, and accosted the female victim. The man was charged with assault with intent to commit sexual penetration and second-degree criminal sexual conduct.

In Tennessee, under TCA 49-6-2008, the alleged perpetrator could also be charged with unlawful entrance upon school premises. The language of the statute reads: “[i]n order to maintain the conditions and atmosphere suitable for learning, no person shall enter onto school buses, or during school hours, enter upon the grounds or into the buildings of any school, except students assigned to that bus or school, the staff of the school, parents of students, and other persons with lawful and valid business on the bus or school premises.”

Continue reading "Persons Improperly on School Property" »

Contributing to the delinquency of a person under the age of 18 is a crime in Tennessee and is punishable by up to a year in jail and/or a $2,500 fine. Additionally, if vandalism is involved, the defendant may be responsible for the costs of repair and restoration.

To be found guilty of the crime, the state must prove that the defendant contributed to or encouraged delinquency, a delinquent act, or unruly behavior of a child. A delinquent act is conduct that amounts to a crime under state law, federal law, or local ordinance. On the other hand, unruly behavior consists of habitual truancy, disobedience to parents, commission of crimes only applicable to children (such as underage drinking), and running away from home.

Examples of contributing to the delinquency of a minor include encouraging or enabling a child to:

• Watch sexually explicit materials (pornography);


• Smoke cigarettes or otherwise use tobacco products;


• Drink alcohol;


• Sell or use controlled substances like marijuana, ecstasy, LSD, and prescription drugs;


• Skip school; and


• Theft.

Continue reading "Contributing to the Delinquency of a Minor in Tennessee" »

Anabolic Steroids are classified as a Schedule III controlled substance in both the Tennessee and United States Code because of their potential for abuse and harmful side effects. Under Schedule III, any drug or hormonal substance that is chemically related to testosterone is an anabolic steroid.

Steroids specifically mentioned in the code are Boldenone, Chlorotestosterone, Clostebol, Dehydrochlormethyltestosterone, Dihydratestosterone, Drostanolone, Ethylestrenol, Fluoxymesterone, Formebulone, Mesterolone, Methandienone, Methandranone, Methandriol, Methandrostenolone, Methenolone, Methyltestosterone, Mibolerone, Nandrolone, Norethandrolone, Oxandrolone, Oxymesterone, Oxymetholone, Stanolone, Stanozolol, Testolactone, Testosterone, and Trenbolone.

Under Tennessee law, it is a crime for a practitioner to prescribe order, distribute, supply or sell an anabolic steroid for enhancing performance in a sport or exercise or for hormonal manipulation intended to increase muscle mass, strength or weight without medical necessity. For all other persons, it is unlawful to manufacture or deliver a steroid or possess with intent to deliver, manufacture or deliver the anabolic steroid. Distribution or sale of an anabolic steroid cannot be inferred from the amount or weight of the substance in the defendant’s possession.

Continue reading "How is Anabolic Steroid Use a Crime in Tennessee?" »

Individuals who have been accused of crimes will sometimes resign themselves to defeat. They feel that the evidence is too strong or that they will buckle under the pressure. However, all accused persons in the United States and Tennessee are entitled to what is called the presumption of innocence. Coupled with the fact that the prosecutor has the burden to prove the defendant guilty beyond a reasonable doubt, the state often has a tough row to hoe when trying to put you in jail.

In Tennessee, if you have been accused of a crime, you are legally presumed to be innocent until a judge or jury has convicted you or if you plead guilty to the crime. Thus, the state has the initial burden to come forth with convincing evidence of your guilt. For example, in a Tennessee drug possession case, the state must prove beyond a reasonable doubt all elements of the charge. Under T.C.A. § 39-17-418, it is an offense for a person to knowingly possess marijuana. Under this law, not only must the state prove that you had marijuana in your possession, it must also prove that you did so with knowledge that you possessed the controlled substance. If the state fails to prove either element beyond a reasonable doubt, you go free.

But what does it actually mean to prove something “beyond a reasonable doubt”? By way of comparison, the burden of proof in a civil matter is “preponderance of the evidence.” This means that the plaintiff has to prove that, more likely than not (i.e., above 50 percent), the defendant was negligent. In contrast to civil matters, the burden of proof in a criminal case is much higher.

Continue reading "Presumption of Innocence and the Standard of Proof in Criminal Trials" »

From time to time, a potential client accused of a crime will call up one of our TN criminal defense attorneys with allegations that an undercover police officer tricked him into doing an unlawful act. When the officer merely provides an opportunity for a suspect to commit a crime, the client has no defense. However, when the client comes to us with facts that the officer took steps to persuade him to do an unlawful act, we start thinking about the defense of entrapment. If there is sufficient evidence of persuasion or inducement, the client may not be criminally liable for the crime of which he is accused.

Specifically, Tennessee law provides that “it is a defense to prosecution that law enforcement officials, acting either directly or through an agent, induced or persuaded an otherwise unwilling person to commit an unlawful act when the person was not otherwise predisposed to do so.”

To illustrate, say an undercover police officer poses as a drug buyer and approaches a suspected drug seller or dealer. The officer asks the suspect if he knows where he can purchase drugs. The suspect says he has no idea. The officer, however, continues to press and, growing tired of the persistent officer, the suspect calls up a friend who gives him a number of a known drug dealer. The suspect then gives the number to the officer who proceeds to offer the suspect money to purchase the drugs for him. Seeing an opportunity to make a quick buck, the suspect accepts the money and is later arrested for selling drugs in Tennessee.

Continue reading "What Qualifies as Entrapment in Tennessee?" »

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.

On June 2, 2009, a Rogersville, Tennessee, woman testified before a jury that a former Hamblen county Sheriff’s Office Deputy, Dexter L. Morris, raped her in the back of his police cruiser. According to the prosecution, Deputy Morris stopped the victim’s vehicle and ordered her boyfriend to walk home after finding some marijuana. The deputy then allegedly coerced her into having intercourse with him after he threatened her with Tennessee drug possession charges and getting her fired from her job.

If these allegations are true, then the deputy will likely be convicted of rape or aggravated rape. Under T.C.A. § 39-13-503, rape involves the unlawful sexual penetration of a victim by the defendant if the act is accompanied, among other things, by coercion or is otherwise accomplished without the consent of the victim and the defendant had reason to know that the victim did not consent. Thus, under the allegations, it looks like the deputy used his power as a police officer to coerce the victim into having sex with him.

The attorney for the deputy countered with the affirmative defense of consent. Under this defense, the defendant basically admits to having sexually penetrated the alleged victim but asserts that the sexual act was performed with the explicit or implicit consent of the alleged victim. According to the Knoxville News Sentinel, the attorney for the defendant’s theory of the case is that the deputy was not acting as a lawman “flexing his legal might but a man enjoying an illicit tryst with a willing partner.”

This case illustrates what often occurs in Tennessee sex crime cases: the alleged victim’s credibility is pitted against the credibility of the defendant. Such physical evidence as DNA and other forensic evidence, therefore, becomes exceedingly crucial in mounting an effective defense. Moreover, proof of consent requires having an attorney who is skilled in argumentation and who has access to, and makes the best use of, psychologists, character witnesses, and expert private investigation services.

The mere accusation of rape can have a devastating impact on a person’s life in terms of reputation and the ability to keep or get a job. A conviction of a rape also carries extensive jail time, fines and the possibility of having to register as a sex offender. Consequently, if you have been charged with a rape-related offense in Tennessee, it is important that you act quickly by calling an experienced Knoxville criminal defense attorney today.

With the recent national attention being paid to anabolic steroid use, it is important to know specifically what the Tennessee drug laws governing steroid distribution are. In Tennessee, these laws are found in TCA § 39-17-430, and have been on the books since 1989, long before the modern scandals erupted.

Tennessee’s anabolic steroid law is divided into two parts. The first part governs “practitioners,” while the other part governs lawpersons. Both parts are concerned with distribution.

Under part one, it is illegal for a practitioner (a physician, dentist, or veterinarian) to prescribe, order, distribute, supply, or sell an anabolic steroid. This illegality is in regards to two activities: (1) where the purpose is to enhance performance in exercise, sports, or games without some sort of medical necessity; and (2) where the hormonal manipulations is intended to increase muscle mass, strength, or weight without necessity. Therefore, Tennessee’s anabolic steroid distribution law covers the common reasons for which anabolic steroids are often deemed illegally distributed. Anabolic steroids can have valuable medical benefits, and the law allows distribution where there is a medical necessity.

Under part two, it is illegal for any person who is not a practitioner or lawful manufacturer of anabolic steroids to knowingly or intentionally manufacture or deliver anabolic steroids, or possess anabolic steroids with an intent to manufacture or deliver. This section covers persons, or middlemen, who may be used to transport anabolic steroids from the prescribing practitioner to the end user. It is important to note the requisite mental state for this type of drug offense in Knoxville, either knowingly or intentionally, which means that a person may not be charged with violating this section of the statute if they are unaware of the fact that they are manufacturing or delivering the steroids.

Violation of this section of the code is punished the same as violating the provisions regarding a Schedule III controlled substance. This would result in a Class D felony, with the possibility of up to $50,000 in additional fines.

At Baker Associates, our experienced Tennessee criminal defense attorneys will help defend your rights if you’ve been accused of a crime. Call us today for a free consultation.

Drug charges in Tennessee, as in other states, are based upon the severity of the drug. The state legislature, under advisement of the Commissioner of Health, has established a classification system that places a drug within a category, called a “Schedule.” The classification system begins with Schedule I drugs, which are the most severe, and flows down to Class VII drugs, which are considered much less harmful. The severity of a drug is determined by its potential for abuse as well as lack of any societal benefits. Drugs such as opiates and cocaine, for example, are considered the most severe drugs, falling within Schedules I and II. Marijuana, on the other hand, is considered much less severe, falling within Schedule VI.

Felony drug charges in Tennessee stem from the knowing manufacture, delivery, or sale of a controlled substance. Drug charges can also stem from possession with the intent to manufacture, deliver, or sell a controlled substance. In most cases, the severity of the charge is dependent upon which particular schedule the drug is in. For example, offenses relating to Schedule I drugs are Class B felonies, punishable by 8-30 years in prison, as well as a fine of up to $100,000. Offenses relating to Schedule VI drugs are Class E felonies, punishable by 1-6 years in prison, as well as a fine of up to $5,000.

Misdemeanor drug charges include the simple possession of a controlled substance or the casual exchange of a small amount of drugs. Categorized as Class A misdemeanors, they are punishable by up to 11 months, twenty-nine days in prison, as well as a fine of up to $2,500. Distribution of less than one-half (1/2) ounce of marijuana is also a misdemeanor. Two exceptions exist to misdemeanor drug charges. First, if a casual exchange occurs between an adult and a minor, the charge will be increased to a felony under the schedule system. Second, any person charged with a misdemeanor drug offense, who has at least two existing drug offenses, will be charged with a Class E felony.

Drug and Narcotics Law in Tennessee can be complex and the consequences of a conviction can be far reaching and life-altering. If you or someone you love has been accused of a drug offense contact the Tennessee criminal defense attorneys at Baker Associates today for a free consultation of your drug case. Our attorneys have successfully defended many marijuana, cocaine, methamphetamine, Oxycontin, hydrocodone, and Xanax charges.

The criminal defense attorneys at Baker Associates near Blount County, Tennessee, have successfully represented individuals charged with drug offenses, including Sale and Delivery of Schedule VI and Possession of Schedule VI controlled substance.

In Tennessee, controlled substances are categorized into seven classifications--Schedule I, Schedule II, Schedule III, Schedule IV, Schedule V, Schedule VI, and Schedule VII--depending upon various factors including the potential for abuse, the accepted medical use, and the potential for physical or psychological dependence for the particular drug. Generally, if a particular drug has a higher potential for abuse and dependence, it will have a lower schedule number. In other words, a Schedule I controlled substance has the highest potential for abuse and dependence, and a Schedule VI or Schedule VII controlled substance have the lowest potential for abuse and dependence.

The following are controlled substances included in Schedule VI:
(1) Marijuana;
(2) Tetrahydrocannabinols (hashish); and
(3) Synthetic Equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity.

Pursuant to Tennessee Code Annotated § 39-17-417, it is a criminal offense in Tennessee for a person to knowingly:
(1) Manufacture a Schedule VI controlled substance;
(2) Deliver a Schedule VI controlled substance;
(3) Sell a Schedule VI controlled substance; or
(4) Possess a Schedule VI controlled substance with intent to manufacture, deliver or sell the controlled substance.

It is important to hire a Tennessee criminal defense lawyer if you are charged with Manufacture, Sale, or Delivery of Schedule VI controlled substance. A conviction for any drug offense may keep you from certain professions and career paths in addition to the harsh, criminal punishment. The penalties for drug offenses involving Schedule VI narcotics are severe:

It is a Class C Felony, punishable by 3 to 15 years imprisonment and a maximum fine of $100,000 for a Schedule VI drug offense involving:
(A) not less than four pounds (4 lbs.), one gram (1811 grams) nor more than eight pounds (8 lbs.) (3620 grams) of a non-leafy, resinous material containing tetrahydrocannabinol (hashish) or
(B) not less than twenty (20) nor more than ninety-nine (99) marijuana plants, regardless of weight.

It is a Class D Felony, punishable by 2 to 12 years imprisonment and a maximum fine of $50,000 for a Schedule VI drug offense involving:
(A) not less than ten pounds (10 lbs.), one gram (4536 grams) nor more than seventy pounds (70 lbs.) (31,696 grams) of marijuana;
(B) not less than two pounds (2 lbs.), one gram (906 grams) nor more than four pounds (4 lbs.) (1810 grams) of a non-leafy, resinous material containing tetrahydrocannabinol (hashish); or
(C) not less than ten (10) nor more than nineteen (19) marijuana plants, regardless of weight.

It is a Class E Felony, punishable by 1 to 6 years imprisonment and a maximum fine of $5,000 for a Schedule VI drug offense involving:
(A) not less than one-half (1/2) ounce (14.175 grams) nor more than ten pounds (10 lbs.) (4535 grams) of marijuana; or
(B) not more than two pounds (2 lbs.) (905 grams) of a non-leafy, resinous material containing tetrahydrocannabinol (hashish).

If you or a close friend or relative has been charged with Sale and Delivery of a Schedule VI controlled substance or Possession of Marijuana, contact our experienced criminal defense attorneys as soon as possible. Our team of attorneys will work quickly with our legal staff, private investigators, and experts to investigate and prepare your defense.

Sources: Tenn. Code Ann. §§ 39-17-415, 39-17-417, 40-35-111.

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The criminal defense attorneys at Baker Associates near Gatlinburg, Tennessee, have successfully represented individuals charged with drug offenses, including Sale and Delivery of Schedule II and Possession of Schedule II narcotics.

In Tennessee, controlled substances are categorized into seven classifications--Schedule I, Schedule II, Schedule III, Schedule IV, Schedule V, Schedule VI, and Schedule VII--depending upon various factors including the potential for abuse, the accepted medical use, and the potential for physical or psychological dependence for the particular drug. Generally, if a particular drug has a higher potential for abuse and dependence, it will have a lower schedule number. In other words, a Schedule I controlled substance has the highest potential for abuse and dependence, and a Schedule VII controlled substance has the lowest potential for abuse and dependence.

The following are examples of Schedule II narcotics:
Opium; Codeine; Hydrocodone; Morphine; Cocaine; Methadone; Dihydrocodeine; Amphetamine; Methamphetamine.

Pursuant to Tennessee Code Annotated § 39-17-417, it is a criminal offense in Tennessee for a person to knowingly:
(1) Manufacture a Schedule II controlled substance;
(2) Deliver a Schedule II controlled substance;
(3) Sell a Schedule II controlled substance; or
(4) Possess a Schedule II controlled substance with intent to manufacture, deliver or sell the controlled substance.

It is important to hire a Tennessee criminal defense lawyer if you are charged with Manufacture, Sale, or Delivery of Schedule II controlled substance. The penalties for drug offenses involving Schedule II narcotics are severe. A Schedule II drug offense involving .5 grams or more of cocaine or methamphetamine is a Class B Felony, punishable by 8 to 30 years imprisonment and a maximum fine of $100,000. Any other Schedule II controlled substance, including cocaine and methamphetamine in an amount of less than .5 grams, is a Class C Felony, punishable by 3 to 15 years imprisonment and a maximum fine of $100,000. However, if the amount of cocaine or methamphetamine is less than .5 grams but a deadly weapon was carried or employed during the commission of the offense or if the offense resulted in death or bodily injury to another person, it is a Class B Felony.

If you or a close friend or relative has been charged with Sale and Delivery of a Schedule II Narcotic or another methamphetamine, cocaine, or hydrocodone offense, contact our experienced criminal defense attorneys as soon as possible. Our team of attorneys will work quickly with our legal staff, private investigators, and experts to investigate and prepare your defense.

Sources: Tenn. Code Ann. §§ 39-17-407, 39-17-408, 39-17-417, 40-35-111.

The criminal defense attorneys at Baker Associates have successfully represented individuals charged with homicide offenses in Tennessee. Criminal homicide is the unlawful killing of another person. Under Tennessee law, criminal homicide is broken down into seven classifications: First Degree Murder, Second Degree Murder, Voluntary Manslaughter, Reckless Homicide, Crminally Negligent Homicide, Assisted Suicide, and Vehicular Homicide.

Tennessee Code Annotated § 39-13-210(a) defines Second Degree Murder as:
(1) A knowing killing of another;
or
(2) A killing of another that results from the unlawful distribution of any Schedule I or Schedule II drug, when the drug is the proximate cause of the death of the user.

Additionally, subsection (b) further states that in a prosecution for second degree murder, if the defendant knowingly engages in multiple incidents of domestic abuse, assault or the infliction of bodily injury against a single victim, the trier of fact (i.e., the jury) may infer that the defendant was aware that the cumulative effect of the conduct was reasonably certain to result in the death of the victim, regardless of whether a single incident would have resulted in the death.

Second Degree Murder: Killing of Another Using a Schedule I or Schedule II Drug

In order to be found guilty of Second Degree Murder due to unlawful distribution of a Schedule I or II Drug, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:

(1) That the defendant unlawfully distributed a Schedule I or Schedule II drug;
and
(2) That the drug was the proximate cause of the death;
and
(3) That the defendant acted either intentionally, knowingly, or recklessly.

An example of a Second Degree Murder charge by distributing Schedule I or Schedule II drugs would arise where a defendant injects a person with Heroin, a Schedule I narcotic, and that person dies from a drug overdose.

It is important to hire a Tennessee criminal defense lawyer if you are charged with Second Degree Murder or another homicide offense. The penalties for Second Degree Murder are severe--Second Degree Murder is a Class A felony. A person convicted of Seond Degree Murder is punished by imprisonment from 15 years to 60 years and can be fined up to $50,000.00.

If you or a close friend or relative has been charged with Second Degree Murder, contact our experienced criminal defense attorneys as soon as possible. Our team of attorneys will work quickly with our legal staff, private investigators, and experts to investigate and prepare your defense.

Sources: Tenn. Code Ann. § 39-13-210; T.P.I. Crim. 7.05(b).

Tennessee criminal defense attorneys have successfully resolved criminal cases by getting criminal charges reduced, having cases dismissed, and negotiating plea bargains. The U.S. war on drugs has resulted in thousands of arrests, convictions, and incarcerations for drug crimes. People arrested for possession of small amounts of drugs are prosecuted to the full extent of the law, and are subject to harsh penalties if convicted. It is more important then ever to vigorously defend yourself against any type of drug charge. A skilled Tennessee criminal defense lawyer may be able to help you avoid a conviction, get your drug charges reduced, escape harsh punishment, and stay out of jail.

If you or a family member has been arrested or charged with a drug crime in the East Tennessee area, contact a drug defense lawyer today to discuss your case. We help people who have been charged with drug crimes. We understand that there are difficult choices to make in life, and sometimes people make mistakes. Those mistakes shouldn't cost you your freedom or your future. We understand the difficulties of substance abuse, and that everyone’s background is different. Our criminal defense attorneys have helped clients whose charges stem from the following substances:

• Cocaine and Crack Cocaine
• Methamphetamine
• Marijuana
• Ecstasy
• Nitrous Oxide
• Morphine and Opium
• Painkillers such as OxyContins, Vicodins, and Lortabs,
• Speed
• PCP
• LSD
• Heroin
• And Various Others

Whether you have been caught with a minor amount of marijuana or you are in jail on charges of sale of cocaine, we will fight to protect your rights in any drug crime prosecution. We handle drug charges in Tennessee including:

Manufacture of a controlled substance
• Delivery of a controlled substance
• Sell of a controlled substance
• Drug Possession
• Possession with Intent to Sell
• Possession with Intent to Manufacture
• Possession with Intent to Deliver

We have the skill and experience to effectively defend clients in drug cases, including those involving marijuana, cocaine, crack, methamphetamine, heroin, illegal prescriptions, and other narcotics. In examining your case and forming a defense strategy, we'll look at every aspect of your case, especially your initial arrest and how the evidence was gathered. Our criminal defense lawyers help clients in Knoxville, Sevierville, Newport, Morristown, Maryville, Madisonville, Gatlinburg, Pigeon Forge, Loudon, Johnson City, Kingsport, and Chattanooga.

Tennessee criminal defense lawyers hope that everyone who attended Bonnaroo this past weekend had a safe and enjoyable trip. Bonnaroo is a huge music and arts festival that brings top performers in rock and roll, along with dozens of artists in styles such as jazz, Americana, and hip-hop. The 2008 Bonnaroo music festival included top contemporary musicians such as Pearl Jam, Widespread Panic, Jack Johnson, Willie Nelson, B.B. King, and Metallica. The Bonnaroo festival was held June 12, 2008 through June 15, 2008 on a large farm in Manchester, Tennessee. Manchester is located about sixty miles southeast of Nashville.

Tennessee criminal law attorneys know that police attention elevates on Bonnaroo weekends, and this year was no different. People come to Bonnaroo from all parts of the country, and most drive to Bonnaroo. State, county, and local police charge many people with alcohol-related offenses like DUI and many drug offenses involving marijuana, cocaine, ecstasy, methamphetamine, mushrooms, and LSD from events surrounding Bonnaroo. Our criminal defense attorneys help adults and juveniles charged with:

DUI;
HMVO Violations;
Implied Consent;
Underage Consumption;
Underage Possession;
Underage Driving While Impaired;
Simple Possession;
Possession of Drug Paraphernalia;
Felony Drug Possession;
Felony Drug Sale; and
Felony Drug Delivery;

If you or a loved one has been charged with a crime, contact one of our criminal defense attorneys in Knoxville or Sevierville. Our criminal defense attorneys have helped people charged with a variety of criminal offenses, from traffic citations to complicated felonies like homicide. All initial consultations are free, Our criminal lawyers work throughout East Tennessee including Knoxville, Sevierville, Johnson City, Maryville, Newport, Jefferson City, and Gatlinburg.

Tennessee narcotic attorneys can help you understand the complex legal issues that surround your drug charges. Our criminal defense lawyers fully investigate the particular circumstances of each and every case. Our narcotic defense attorneys have dealt with many types of drug charges, including methamphetamine charges.

There are many street names for methamphetamine, such as “meth,” "speed,” and "chalk." Methamphetamine hydrochloride resembles ice and consists of clear chunky crystals that are inhaled by smoking. Methamphetamine hydrochloride is referred to as "ice," "crystal," "glass," and "tina."

Methamphetamine can be taken three different ways. It can be taken by snorting the powder, by needle injection, or by smoking. Abusers become addicted quickly, and there is a severe methamphetamine problem throughout the southern states. At this time, the most effective treatments for methamphetamine addiction are behavioral therapies such as cognitive behavioral and contingency management interventions.

Methamphetamine is considered to be a Schedule II controlled substance under Tennessee law. In Tennessee, it is an offense for someone to knowingly:

Manufacture methamphetamine;

Deliver methamphetamine;

Sell methamphetamine; or

Possess methamphetamine with intent to manufacture, deliver or sell methamphetamine.

The penalties for methamphetamine violations are severe. The penalty depends upon the amount of methamphetamine involved in the offense. If you violate the above, and the amount of methamphetamine involved is point five (.5) grams or more of any substance containing methamphetamine, then the violation is a Class B felony. Tenn. Code Ann. § 39-17-417 (c)(1) (2007). Class B felonies are punishable between eight and thirty years incarceration. In addition, you could be fined up to one hundred thousand dollars ($100,000).

If you violate the above, and the amount of methamphetamine involved is point five (.5) grams or less of any substance containing methamphetamine, then the violation is a Class C felony. Tenn. Code Ann. § 39-17-417 (c)(2)(a) (2007). Class C felonies are punishable between three and fifteen years incarceration. The maximum fine remains at one hundred thousand dollars ($100,000).

If the offense involves less than point five (.5) grams of methamphetamine, but the defendant carried or employed a deadly weapon or the offense resulted in death or bodily injury to another person, the offense is a Class B felony. If you have been charges with the manufacture, delivery, selling, or possession of methamphetamine, contact a Tennessee narcotics attorney. Our lawyers handle drug cases in the East Tennessee area including Sevierville, Knoxville, Newport, Maryville, Loudon, Morristown, and Johnson City.

Tennessee drug and narcotic defense attorneys have experience working with individuals who have been charged with drug offenses in the East Tennessee area, including those charged with drug possession, selling drugs, drug trafficking, or illegally obtaining prescription drugs. Our criminal defense attorneys know that any type of drug offense is taken seriously, especially if the offense occurred on or near school grounds.

It is important to realize that not all drug offenses are created equally under Tennessee law. If the offender violates TCA § 39-17-417 within 1,000 feet of a school zone, then the punishment will be enhanced upon a conviction. Tennessee lawmakers want to provide young people a positive learning environment without the distractions and dangers that are incident to the occurrence of illegal drug activities. Tenn. Code Ann. § 39-17-432 (a) (2008)

According to Tennessee law, a violation of § 39-17-417, or a conspiracy to violate the section, that occurs on the grounds or facilities of any school or within one thousand feet (1,000') of the real property that comprises a public or private elementary school, middle school, secondary school, preschool, child care agency, or public library, recreational center or park shall be punished one (1) classification higher than is provided in § 39-17-417(b)-(i) for such violation. Tenn. Code Ann. § 39-17-432 (b)(1) (2008)

Besides longer incarceration times, the maximum fines are stiff as well. A person convicted of violating the drug free school zone statute shall be subject to the following:

• Upon conviction of a Class E felony, a fine of not more than ten thousand dollars ($10,000);
• Upon conviction of a Class D felony, a fine of not more than twenty thousand dollars ($20,000);
• Upon conviction of a Class C felony, a fine of not more than forty thousand dollars ($40,000);
• Upon conviction of a Class B felony, a fine of not more than sixty thousand dollars ($60,000); and
• Upon conviction of a Class A felony, a fine of not more than one hundred thousand dollars ($100,000). Tenn. Code Ann. § 39-17-432 (b)(2) (2008)

If you or a loved one has been charged with a drug offense in the East Tennessee area, contact a Tennessee narcotic defense attorney. Our lawyers handle these types of cases in Knoxville, Sevierville, Newport, Morristown, Maryville, Loudon, and Gatlinburg. All initial consultations are free.

Tennessee narcotic lawyers have the experience necessary to help you understand the complex legal issues that surround your drug case. Our criminal defense attorneys fully investigate the particular circumstances of each and every case. Our attorneys have dealt with many types of narcotics, including cocaine charges. Cocaine is a powerful stimulant that negatively affects the brain. It is highly addictive and easily abused. Cocaine became extremely popular during the 1980s and '90s, and remains highly used today.

Cocaine is typically sold as a fine, white, crystalline powder. There are many street names for cocaine such as "coke," "C," "snow," "flake," or "blow." Often times, street dealers dilute cocaine with inert substances like cornstarch, talcum powder, sugar, and other drugs or stimulants.

Cocaine is considered to be a Schedule II controlled substance under Tennessee law. It is an offense for someone to knowingly:

(1) Manufacture cocaine;

(2) Deliver cocaine;

(3) Sell cocaine; or

(4) Possess cocaine with intent to manufacture, deliver or sell cocaine.

The penalties for cocaine violations are severe. The penalty depends upon the amount of cocaine involved in the offense. If you violate the above, and the amount of cocaine involved is point five (.5) grams or more of any substance containing cocaine, then the violation is a Class B felony. Tenn. Code Ann. § 39-17-417 (c)(1) (2007). Class B felonies are punishable between eight and thirty years incarceration. In addition, you could be fined up to one hundred thousand dollars ($100,000).

If you violate the above, and the amount of cocaine involved is point five (.5) grams or less of any substance containing cocaine, then the violation is a Class C felony. Tenn. Code Ann. § 39-17-417 (c)(2)(a) (2007). Class C felonies are punishable between three and fifteen years incarceration. The maximum fine remains at one hundred thousand dollars ($100,000).

If the offense involves less than point five (.5) grams of cocaine, but the defendant carried or employed a deadly weapon or the offense resulted in death or bodily injury to another person, the offense is a Class B felony. If you have been charges with the manufacture, delivery, selling, or possession of cocaine, contact a Tennessee narcotics attorney. Our lawyers handle drug cases in the East Tennessee area including Sevierville, Knoxville, Newport, Maryville, Loudon, Morristown, and Johnson City.

Tennessee drug attorneys focus on the intricate procedures and heavy burdens that the state must prove to vigorously defend against drug charges. Whenever an individual is cited with an offense involving klonopin, it is important to contact a Tennessee drug lawyer so that the Tennessee lawyer can explore all avenues to optimize one’s legal defense.

Klonopin (clonazepam) is a popular drug that is prescribed in East Tennessee. Clonazepam is primarily used to treat seizures and panic disorders within the medical community. Klonopin has a chemical structure similar to valium and xanax. All three drugs are from the class of drugs called the benzodiazepines. Klonopin has a much longer effect compared to both valium and xanax, which increases its recreational popularity.

Klonopin has heavy withdrawal complications which is why it must be medically prescribed. Convulsions, hallucinations, behavioral disorders, tremors, and abdominal and muscle cramps are known to occur following abrupt discontinuance of someone dependant upon clonazepam. These severe withdrawal symptoms encourage dependant behavior for illegal users.

Unless you have a prescription issued by a licensed physician, it is illegal in Tennessee to knowingly:

• Manufacture klonopin;
• Deliver klonopin;
• Sell klonopin; or
• Possess klonopin with intent to manufacture, deliver or sell klonopin.
Tenn. Code Ann. § 39-17-417

Klonopin is considered to be a Schedule IV controlled substance under Tennessee law. The commissioner of mental health and developmental disabilities, upon the agreement of the commissioner of health, shall place a substance in Schedule IV upon finding that:

• The substance has a low potential for abuse relative to substances in Schedule III;
• The substance has currently accepted medical use in treatment in the United States; and
• Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III. Tenn. Code Ann. § 39-17-411 (2007).

If you are charged with possession, delivery, manufacture, or selling klonopin, it is important that you find an experienced Tennessee criminal attorney to protect your rights. Our Tennessee Criminal Attorneys will conduct a thorough investigation of your case and actively pursue the best possible resolution for you.

Drug laws in Tennessee are very complex. If you are charged with an offense involving valium, it is important to contact a Tennessee Criminal Lawyer immediately. Our Tennessee Drug Attorneys have much experience handling valium offenses in the Knoxville, Gatlinburg, Sevierville, and Pigeon Forge area.

Every year, numerous people in Tennessee are charged with an offense involving valium. Often, these individuals become addicted to valium after physicians have prescribed it for some medical purpose. Diazepam, the chemical name for valium, is a core medicine in the World Health Organization's "Essential Drugs List", which is a list of minimum medical needs for a basic health care system. Diazepam is used to treat a wide range of conditions and has been one of the most frequently prescribed medications in the world for the past 40 years.

Diazepam is a benzodiazepine derivative drug. It possesses sedative, skeletal muscle relaxant, and amnestic properties. It is commonly used for treating anxiety, insomnia, seizures, alcohol withdrawal, and muscle spasms. It may also be used before certain medical procedures to reduce tension and anxiety, and in some surgical procedures to induce amnesia.

The street names for Diazepam including the following: "baby blues", "mother's little helper", "drunk pills", "vals", "V", and occasionally "ludes", mistaken for quaaludes. As well as less specific street terms, "candy"(pills), "benzos" (benzodiazepines), Totem poles, or downers(depressants.) Sometimes valium is used by stimulant users to help "come down" in order to sleep.

Diazepam is considered to be a Schedule IV controlled substance under Tennessee law. The commissioner of mental health and developmental disabilities, upon the agreement of the commissioner of health, shall place a substance in Schedule IV upon finding that:

• The substance has a low potential for abuse relative to substances in Schedule III;
• The substance has currently accepted medical use in treatment in the United States; and
• Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III. Tenn. Code Ann. § 39-17-411.

Unless you have a prescription issued by a licensed physician, it is illegal in Tennessee to knowingly:

• Manufacture valium;
• Deliver valium;
• Sell valium; or
• Possess valium with intent to manufacture, deliver or sell valium.
Tenn. Code Ann. § 39-17-417

If you are charged with an offense involving valium or any drug offense, it is important to do two things. First, you need to retain an experienced criminal defense attorney that will zealously protect your rights. Second, you need to remain silent until you have had the opportunity to speak with your criminal defense attorney.

Our Tennessee criminal attorneys understand that any drug charge associated with Xanax can have long-lasting effects on you and your family. It’s very important to find an experienced Tennessee criminal attorney to protect your rights. Our Tennessee criminal attorneys will conduct a thorough investigation of your case and actively pursue the best possible resolution for you and your family.

Alprazolam, also known under the trade-names Xanax and Niravam, is a short-acting drug in the benzodiazepine class used to treat severe anxiety disorders Xanax is often called Xanies or Zanies on the street. Although it is not manufactured illegally, it is often diverted to the black market and has potential for abuse. The state of relaxation and disinhibition induced by benzodiazepines is the main reason for its illicit use.

Xanax is the main and most commonly known brand name for alprazolam. There is a large variety of generic brand names for Alprazolam in use throughout the world. In English speaking countries alprazolam is sold under the following brand names: Alprax, Alprox, Alzam, Anxirid, Apo-Alpraz, Azor, Calmax, Gerax, Kalma, Novo-Alprazol, Nu-Alpraz, Xanax, Xanor, Zopax.
Unless you have a prescription issued by a licensed physician, it is illegal in Tennessee to knowingly:

• Manufacture Alprazolam;
• Deliver Alprazolam;
• Sell Alprazolam; or
• Possess Alprazolam with intent to manufacture, deliver or sell Alprazolam.
Tenn. Code Ann. § 39-17-417

Improper injection of alprazolam is considered especially dangerous by medical professionals due to the fact that, when crushed in water it will not fully dissolve and potentially causing severe damage to arteries if not filtered properly. While it is somewhat soluble in alcohol, the combination of the two, particularly when injected, has the potential to cause a serious, and potentially fatal overdose.

Alprazolam is sometimes used with other recreational drugs to relieve the panic or distress of dysphoric reactions to psychedelics such as LSD and also to promote sleep in the "come-down" period following use of recreational drugs with stimulant or insomniac properties (such as LSD, cocaine, amphetamines, DXM, and MDMA along with the related amphetamines). It is also often used in conjunction with marijuana or heroin to potentiate the relaxing effect.

Alprazolam is considered to be a Schedule IV controlled substance under Tennessee law. The commissioner of mental health and developmental disabilities, upon the agreement of the commissioner of health, shall place a substance in Schedule IV upon finding that:

• The substance has a low potential for abuse relative to substances in Schedule III;
• The substance has currently accepted medical use in treatment in the United States; and
• Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III. Tenn. Code Ann. § 39-17-411

If you or someone you know is charged with a Xanax offense under Tennessee Law, contacting a Tennessee drug attorney will be a huge benefit. Tennessee drug lawyers have much experience handling these types of cases and understand the process that is required to vigorously defend these charges.

Source: Wikipedia

Tennessee Attorneys understand the complexities of the numerous drug laws. Whenever an individual is cited with a drug offense, it is important to contact a lawyer in Tennessee so that the Tennessee Lawyer can explore all avenues to optimize one’s legal defense. Drug Attorneys in Tennessee focus on the intricate procedures and heavy burdens that the state must prove to vigorously defend against drug charges.

The classification of drugs is important under Tennessee law. The severity of the offense and the sentence one can receive due to a drug offense will often depend upon the classification of the drug. Drugs are typically classified by their chemical composition and their relative accepted use throughout the medical community. The commissioner of mental health and developmental disabilities, upon the agreement of the commissioner of health, shall place a substance in Schedule V upon finding that:

• The substance has low potential for abuse relative to the controlled substances listed in Schedule IV;
• The substance has currently accepted medical use in treatment in the United States; and
• The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV. Tenn. Code Ann. § 39-17-413 (2007).

Schedule V consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed below.

• Any material, compound, mixture, or preparation containing the narcotic drug buprenorphine or its salts unless listed or excepted in another schedule

Schedule V also includes narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth above which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by narcotic drugs alone:

• Not more than two hundred (200) milligrams of codeine per one hundred (100) milliliters or per one hundred (100) grams;
• Not more than one hundred (100) milligrams of dihydrocodeine per one hundred (100) milliliters or per one hundred (100) grams;
• Not more than one hundred (100) milligrams of ethylmorphine per one hundred (100) milliliters or per one hundred (100) grams;
• Not more than two and one half (2.5) milligrams of diphenoxylate and not less than twenty-five (25) micrograms of atropine sulfate per dosage unit;
• Not more than one hundred (100) milligrams of opium per one hundred (100) milliliters or per one hundred (100) grams; or
• Not more than one-half (0.5) milligram of difenoxin (DEA Drug Code No. 9168) and not less than twenty-five (25) micrograms of atropine sulfate per dosage unit. Tenn.Code Ann. § 39-17-414 (2007).

Penalties for schedule V violations can be stiff under Tennessee law. A violation with respect to a schedule V controlled substance is usually a Class E felony and, in addition, may be fined not more than five thousand dollars. If you are charged with possession, delivery, manufacture, or selling a drug listed in schedule V it is imperative that you find an experienced Tennessee criminal attorney to protect your rights. Our Tennessee Criminal Attorneys will conduct a thorough investigation of your case and actively pursue the best possible resolution for you and your family.

Marijuana laws in Tennessee are very complex. If you are charged with a Marijuana Offense, it is important to contact a Tennessee Criminal Lawyer immediately. Our Tennessee Drug Attorneys have much experience handling marijuana offenses in the Knoxville, Gatlinburg, Sevierville, and Pigeon Forge area.

The severity of the marijuana charge committed in Tennessee depends upon numerous factors. One factor is the classification of the controlled substance. In Tennessee, drugs are classified based upon seven schedules. Another factor is how the defendant was using the drug. This could include anything from simple possession of marijuana to either selling or manufacturing marijuana.

Marijuana is considered to be a schedule VI drug. According to the Tennessee Code Annotated, the following drugs are also classified as schedule VI controlled substances:

• Tetrahydrocannabinols; and

• Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as the following:

(A) 1 cis or trans tetrahydrocannabinol, and its optical isomers;

(B) 6 cis or trans tetrahydrocannabinol, and its optical isomers; or

(C) 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers.

Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered. 39-17-415 (2007).

Since marijuana is a controlled substance in Tennessee, it is a criminal offense for someone to knowingly:

• manufacture marijuana

• deliver marijuana

• sell marijuana

• possess marijuana with intent to manufacture, deliver, or sell marijuana.

A violation of the above with respect to a Schedule VI controlled substance classified as marijuana containing not less than one-half (1/2) ounce (14.175 grams) nor more than ten pounds (10 lbs.) (4535 grams) of marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish), containing not more than two pounds (2 lbs.) (905 grams) of hashish is a Class E felony and, in addition, may be fined not more than five thousand dollars ($5,000).

A violation of the above with respect to a Schedule VI controlled substance classified as marijuana and containing between ten pounds (10 lbs.), one gram (4536 grams) of marijuana and seventy pounds (70 lbs.) (31,696 grams) of marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than two pounds (2 lbs.), one gram (906 grams) nor more than four pounds (4 lbs.) (1810 grams) of hashish, or a Schedule VI controlled substance classified as marijuana consisting of not less than ten (10) marijuana plants nor more than nineteen (19) marijuana plants, regardless of weight, is a Class D felony and, in addition, may be fined not more than fifty thousand dollars ($50,000).

A violation of the above with respect to a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than four pounds (4 lbs.), one gram (1811 grams) nor more than eight pounds (8 lbs.) (3620 grams) of hashish, or a Schedule VI controlled substance classified as marijuana consisting of not less than twenty (20) marijuana plants nor more than ninety-nine (99) marijuana plants, regardless of weight, is a Class C felony and, in addition, may be fined not more than one hundred thousand dollars ($100,000).

A violation of the above with respect to the following amounts of a controlled substance, or conspiracy to violate the above with respect to such amounts, is a Class B felony and, in addition, may be fined not more than two hundred thousand dollars ($200,000):

• Not less than seventy pounds (70 lbs.), (31,697 grams) nor more than three hundred pounds (300 lbs.) (136,050 grams) of any substance containing marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than eight pounds (8 lbs.), one gram (3621 grams) nor more than fifteen pounds (15 lbs.) (6,792 grams) of any substance containing hashish, or not less than one hundred (100) marijuana plants nor more than four hundred ninety-nine (499) marijuana plants, regardless of weight.

A violation of the above with respect to the following amounts of a controlled substance, or conspiracy to violate the above with respect to such amounts is a Class A felony and, in addition, may be fined not more than five hundred thousand dollars ($500,000):

• Three hundred pounds (300 lbs.) (136,050 grams) or more of any substance containing marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than fifteen pounds (15 lbs.), one gram (6,793 grams) of any substance containing hashish, or five hundred (500) or more marijuana plants, regardless of weight. Tenn. Code Ann. 39-17-417 (2007).

If you or someone you know is charged with a Marijuana Offense, please contact a Tennessee Attorney as quickly as possible so that a thorough investigation can be made into the charges.