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Criminal Law

Tennessee Criminal Lawyer Blog

Covers DUI, Narcotics and Drugs, White Collar Offenses and other Criminal Defense law issues with a focus on Tennessee State law.
By Baker Associates

Post Frequency: 5.4/day

Last Entry: March 31, 2011 at 00:14:19

Statutory Rape: Issues of Consent

Posted on September 15, 2009
Two mothers were recently arrested in New York for entering a written agreement to allow one mother?s thirteen year-old daughter to be romantically involved with the other mother?s nineteen year-old son. The purpose of the pact was to avoid statutory rape charges in the event that the girl became pregnant...

Alternative Sentencing

Posted on September 11, 2009
When found guilty of a crime, whether by decision or plea, the next stage in the criminal process is sentencing. At this stage, defendants need skilled and experienced representation to ensure that their rehabilitation needs are considered and that a fair and just sentence is imposed...

Sentencing Considerations

Posted on September 10, 2009
In the preceding article, I discussed the policy purposes underlying sentencing in Tennessee. This article provides more specific information on the considerations a court must apply when imposing penalties on a defendant?whether the penalty is incarceration, probation, community service or some other alternative sentencing arrangement...

Criminal Sentencing in Tennessee: Purposes of the Reform Act

Posted on September 09, 2009
By way of introduction, I discuss in this entry the General Assembly?s express purposes in enacting the Criminal Sentencing Reform Act. The Reform Act is the end result of comprehensive penal and sentencing reform legislation enacted in 1989 to address inconsistencies found in the penal code...

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Introduction to Criminal Sentencing in Tennessee

Posted on September 08, 2009
In a series of articles over the next couple of weeks, I will be discussing some of the various aspects of Tennessee?s Criminal Sentencing Reform Act of 1989 (?Reform Act?). My goal in discussing this topic is to encourage people who have been charged with a crime to seek out representation so as to give themselves the best chance for avoiding or reducing possible jail time...

Informer's Privilege

Posted on September 01, 2009
The Tennessee Supreme Court recently had the opportunity to revisit the informer?s privilege. In particular, the court addressed the circumstances under which the identity of a confidential informant must be disclosed to a criminal defendant prior to trial...

Gasoline Theft and Affirmative Defenses

Posted on August 27, 2009
Driving off without paying for gas is a serious offense in Tennessee. Not only can you lose your license, but you can be put in jail and be required to pay fines. Probation, restitution and license restoration fees may also be involved. Moreover, a gasoline theft conviction goes on your permanent public record, risking your reputation and job opportunities...

Responsibilities of Drivers When Involved in Car Accidents in Tennessee

Posted on August 25, 2009
From time to time, I am asked what a person is legally supposed to do if he or she is involved in a Tennessee motor vehicle accident that results in injury. TCA 55-10-101 spells out a driver?s legal duties when involved in such accidents and imposes serious penalties on those who fail to comply...

Coach Willard Ross Act of 2009

Posted on August 24, 2009
In 2007, a Clarksville coach and teacher, Willard Ross, was shot and killed by a stray bullet in a Wal-Mart parking lot. The man who shot Coach Ross had a prior criminal record and did not have lawful possession of the handgun. After receiving a letter from Mr...

New Law Allows Admission of Blood Alcohol Test Results Regardless of Defendant's Consent

Posted on August 20, 2009
Under current DUI law, the introduction of the results of a blood alcohol test cannot be admitted into evidence without the defendant?s consent if blood was taken from the defendant while he or she was incapable of refusing the test (e.g., the defendant was unconscious)...

Concealed Handguns Allowed in Great Smoky Mountains National Park if Registered

Posted on August 19, 2009
The recent amendment to the gun permit law?T.C.A. 39-17-1311(b)(1)?also added a federal default regulation allowing persons authorized to carry handguns within the state of Tennessee to carry guns in its national parks so long as bringing the gun into the park does not violate federal law...

Inciting a Riot in Tennessee

Posted on August 18, 2009
Commenting on the possible cause of the current hostile fervor surrounding healthcare in America, Senator Arlen Specter stated, "I think there is a mood in America of anger with so many people unemployed, with so much bickering in Washington ... with the fear of losing their health care...

Defense of Others Under Tennessee Law

Posted on August 17, 2009
In the paper this week was an article about how a younger brother intervened in an altercation between his older brother and mother resulting in a fatal stabbing of the older child. While the younger child could be charged with a homicide offense, the case brings to mind the defense of third persons defense recognized under Tennessee law...

Think Littering in Tennessee is Not a Crime, Think Again

Posted on August 14, 2009
Littering is a crime in Tennessee punishable as either a misdemeanor or felony depending on the weight or volume of the litter and the number of prior convictions. You can be charged with criminal littering in three different ways: First, a person litters when he or she knowingly places, drops or throws litter on any public or private property without permission and does not remove it...

Facilitating Escape Charges Dismissed Against Former Brushy Mountain Corrections Officer

Posted on August 13, 2009
A former Brushy Mountain corrections officer was acquitted last Wednesday of recklessly facilitating the escape of George Hyatte. In the case against the officer, the state?s attorney alleged that the corrections officer made two phone calls to Mr. Hyatte?s spouse and, while speaking to her, he informed her about lax security conditions at the Roane County Courthouse...

Persons Improperly on School Property

Posted on August 12, 2009
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...

Texting While Driving Unlawful in Tennessee, Except for Law Enforcement Officers and Emergency Personnel

Posted on August 11, 2009
Just last week while driving in the middle lane on I-40, a police officer blew right by me going approximately 80 mph. He was not operating his blue lights or his sirens. Suffice it to say, driving at high rates of speed is unlawful even for emergency vehicles when not operating emergency equipment...

Home Invasions in Tennessee

Posted on August 10, 2009
According to the Knoxville Police Department, there were 109 home invasion robberies last year within the Knoxville city limits. There have already been 60 home-invasion robberies since January of this year. The KPD insists that these numbers don?t mean that there is an epidemic of violent robberies in Knoxville...

Unlawful Tattooing of a Minor in Tennessee

Posted on August 06, 2009
Getting a tattoo has become increasing popular in the United States. According to the article, The Changing Cultural Status of the Tattoo Arts in America, "[t]he culture status of tattooing has steadily evolved from that of an anti-social activity in the 1960s to that of a trendy fashion statement in the 1990s...

Crimes Committed During an Official Investigation: Forgery and Fabricating Evidence

Posted on August 05, 2009
Recently, an ex-official of a county government in Tennessee was accused of forgery and fabricating receipts during an official investigation into county expenditures. Since many news sources only name the crimes for which a suspect has been charged, this blog entry briefly outlines the substantive law applicable to these white collar crimes...

Arrested During a Peaceful Protest or Demonstration?

Posted on August 04, 2009
Exercise of the First Amendment right of free speech is alive and well in the state of Tennessee. Recently, residents from Bristol and surrounding areas of East Tennessee came out to protest President Obama?s healthcare initiative outside a Kroger supermarket...

Contributing to the Delinquency of a Minor in Tennessee

Posted on August 03, 2009
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...

What is Considered a Shoplifting Offense in Tennessee?

Posted on July 31, 2009
Shoplifting is a ?theft of property? offense in Tennessee. Under the Tennessee Code, a person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent...

5 Reasons Why You Shouldn?t Represent Yourself When Accused of a Crime in Tennessee

Posted on July 30, 2009
In addition to the cost of bail, loss of work, and the possibility of fines, retaining an experienced criminal defense attorney can seem like too much. But is it too high a price if hiring an attorney gives you the best chance for an acquittal or reduced charges? If freedom and reputation is priceless, I would think not...

Elements of Health Care Fraud and Medical Identity Theft

Posted on July 29, 2009
Health care fraud, particularly medical identity theft, is on the rise. According to estimates from a federal report for 2007, more than 250,000 Americans were victims of medical identity theft. Health care fraud in Tennessee is diverse and complex and targets both the public and private sectors...

Alcohol and Boating (BUI) Don?t Mix

Posted on July 28, 2009
With summer in full swing, residents and out-of-state visitors alike have taken their boats out onto East Tennessee?s numerous rivers and lakes. Many like to have a good time?whether fishing, skiing, or just simply relaxing. While boating recreation involves good food, good fishing and good company, it also frequently involves alcohol...

Disorderly Conduct in Tennessee

Posted on July 27, 2009
Disorderly conduct is a Class C misdemeanor in the state of Tennessee and is a kind of ?catch-all? charge for minor offenses involving some kind of alleged unruly or upsetting behavior that provokes a disturbance. All too often, disorderly conduct stems from a police officer giving someone a hard time until they lose control...

Vandalism Culminates in Bomb Threat in Knoxville Neighborhood

Posted on July 24, 2009
On June 15, a West Hills neighborhood was blocked off by police officers after Knoxville City Councilwoman, Barbara Pelot, reported to the police that she had found a suspicious ticking device in her yard. A bomb squad arrived on the scene and after approximately thirty minutes, they determined that the device was not a bomb, but instead some elaborate prank...

Guns in Tennessee Parks Update

Posted on July 23, 2009
Last week, we reported on the General Assembly?s passage of a new Tennessee gun law that would allow gun permit holders to possess a handgun while in a public park or campground. We also noted that the new law contains an opt-out provision for local governments that wish to continue the ban...

Finding the Right Criminal Defense Attorney in East Tennessee

Posted on July 20, 2009
When you have been accused of a crime, you are facing the horrible possibility of going to jail, fines and a criminal history that may follow you for the rest of your life. Finding a competent criminal defense attorney is critical. A knowledgeable criminal defense attorney will represent those accused of crimes to the best of his or her ability while efficiently utilizing all of the appropriate resources and tactics available...

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