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Posts tagged "criminal"

Supreme Court extends exceptions to warrant requirement

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 obtained under this exception will not be suppressed in court. So what does this mean?

Do Non-Citizens have Constitutional Rights?

There is a misconception that the U.S. Constitution applies only to U.S. citizens. Some passages and phrases in our laws explicitly state only "citizens" are afforded certain rights, such as the right to vote. When the terms "resident" or "person" is used instead of citizen, the rights and privileges afforded are extended to protect citizens and non-citizens alike. Moreover, protections under the 14th Amendment ensure that no particular group is discriminated against unlawfully.

Federal Judge: Tennessee Must Reinstate Driver Licenses Revoked for Failure to Pay

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.

Law Enhances Sentences for Undocumented

A new Tennessee law gives judges the power to increase the severity of the sentence for criminal defendants if they are undocumented immigrants. If you or someone you know is undocumented, continue reading to understand more about the impact of this law.

Can "No Trespassing" signs keep out Police?

You may wonder if "No Trespassing" signs can legally keep out police and other law enforcement officers. What if law enforcement finds something incriminating on your property after disregarding your "No Trespassing" signs? Recently, the Tennessee Supreme Court answered this question. 

New Test on Whether a Search Warrant is Valid

The Tennessee Supreme Court has issued a new rule to determine whether a search warrant is valid. If you've been charged in a criminal matter, this can affect whether the evidence to be used against you can be suppressed. Continue reading to learn more. 

¿De que se Trata un Crimen que Involucre Moralidad Turbia?

Criminal Defense Procedure in Tennessee Courts

A good criminal defense attorney will explain to you the process of your case and how it is likely to proceed. However, it is also important for every person to understand the criminal courts in Tennessee and how they work. Continue reading to learn more about this topic.

Órdenes de Protección y Cargos Criminales

Escribo este artículo sobre la defensa criminal con el fin de aclarar ciertos conceptos erróneos acerca de agresión doméstica en los tribunales de Tennessee, específicamente la capacidad de una presunta víctima para retirar los cargos. En general, existen dos maneras por las cuales alguien puede ser llevado a un tribunal por un delito relacionado con violencia doméstica:

Can my case be dismissed? Order of Protection vs. Domestic Assault

This criminal defense post is to clarify a common misconception about Domestic Violence in Tennessee courts, specifically the ability of an alleged victim to dismiss the case. There are generally two ways someone can be brought to court for a domestic violence-related offense: 

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