Criminal Defense

Know Your Rights during a Traffic Stop Seeing blue lights in your rear view mirror gives most people anxiety. Police officers need reasonable suspicion to stop and detain you, but Tennessee law also gives officers huge leeway in their "community caretaking" function...

Ver luces azules en el espejo retrovisor generalmente causa ansiedad en la mayoría de las personas. Los oficiales de policía necesitan sospechas razonables para detenerlo y detenerlo, pero la ley de Tennessee también les da a los oficiales un gran margen de maniobra...

In a 5-4 case, the United States Supreme Court ruled that a warrant is not generally needed to draw blood from an unconscious person suspected of DUI. In the case of Mitchell v. Wisconsin, the Court's Opinion stated that police are almost always allowed to order a...

The REAL ID Act of 2005 established security standards for the issuance of identifiction documents, and prohibited federal agencies from accepting those documents that did not adhere to the Act. It has been up to the individual states to issue driver licenses and...

In the recent 2019 case of State v. McElrath, the Tennessee Supreme Court adopted a good-faith exception to the requirement of a warrant when police officers make mistakes that are the result of negligence and not reckless disregard or a systemic error. Any evidence...

In Tennessee, if you are in possession over a certain amount of marijuana, you will likely be charged with felony. You can also be charged if you possess less than the threshold amount, but other circumstances are present that indicate the manufacture of or intention...

Tennessee DUI laws provide mandatory minimum sentences, and sentence enhancement factors, for those who are convicted. A DUI first offense carries a minimum sentence of 48 hours in jail and a $350.00 fine, among other things. This minimum sentence however can be...

New protections are in effect for domestic violence victims in Tennessee under a newly enacted law. Bond Conditions Changed When someone is arrested for domestic violence a magistrate must now impose a 12-hour holding period, notify the victim, and issue a no-contact...

A federal judge ruled that the state of Tennessee cannot revoke driver licenses for those who cannot afford to pay their court costs, and must reinstate those previously revoked. The State has appealed the decision. Previously, the Tennessee Department of Safety and...

A breathalyzer does not actually measure blood alcohol content or concentration, which would require a blood sample. There are big differences between the small handheld breathalyzers used in the field, and the larger devices at police stations. Small breathalyzers...