Recent Posts in Criminal Defense Category

  • Tennessee Medical Marijuana Laws

    Marijuana is a fairly controversial subject these days for a number of reasons, mostly having to do with the fact that different states treat it so differently. Whereas states like Colorado and California have completely legalized consumption and possession of this substance in a limited capacity, other states have refused to budge in this regard, still holding to possession of any amount being ...
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  • Reasons Why a Criminal Record Can Haunt You

    Your public record is an extremely important part of your livelihood in many ways. Every time you have some sort of a public affair, such as changing your name, getting married, or even get a traffic ticket, it is notated in the public record. Your criminal history is also a part of this record, and arguably the most important one. Whenever you are convicted of a crime, your action and sentence ...
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  • Can I Get a Restraining Order Removed?

    Orders of Protection, or “restraining orders” as they are more commonly known to the general public, are issued to protect abuse and harassment victims from further violence of damage. These orders can be issued relatively easily, particularly in instances of domestic violence or sexual assault, and become legally binding immediately upon their issue. Once one of these orders is issued, they can ...
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  • Avoid a DUI this Holiday Season!

    The holidays mean celebrations and festive traditions for many people, often involving alcohol. People consume this alcohol and then get behind the wheel of their car in order to head home, and unfortunately many of these people then cause dangerous accidents. In order to attempt to curtail these entirely-preventable crashes, law enforcement ramps up their preventative efforts and presence on the ...
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  • Were You Arrested For DUI This Labor Day Weekend?

    Labor Day is traditionally one of the most deadly weekends of the year in terms of fatalities caused by drunk drivers. This means that every year law enforcement steps up their efforts to catch these intoxicated motorists before they can cause these potentially lethal collisions, meaning there is a massive influx of DUI arrests. If you were arrested and charged with DUI this weekend, it is ...
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  • Attorney David Clarke Defends Client in Vehicular Manslaughter Case

    Attorney David Clarke appeared in court this week to represent his client, Gareion Simmons in a probable cause hearing. Simmons is accused of a number of serious charges, including four counts of aggravated assault, criminal impersonation, and vehicular manslaughter. Coffee County authorities allege that Simmons stole a black Escalade and led the sheriff's department on a high-speed chase up I-24. ...
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  • Understanding Your Miranda Rights

    “You have the right to remain silent.” We’ve all seen a television show or movie where law enforcement finally catches up with the suspect and give him a series of warnings as they’re lowering his head into the back of a car for transport to jail, and this is usually the first thing said to the person as they’re being taken away. This extremely important phrase is the first in a series of rights ...
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  • Do I have to allow the police to search my home or my car?

    Generally no, unless the police have a signed search warrant. In most circumstances, you can refuse to consent to a search by the police without a search warrant. Even if the officer threatens to hold you until a search warrant is obtained, it is seldom a good idea to willingly consent to a search. However, there are circumstances in which the police may search your home or car without a warrant. ...
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  • What if a Tennessee police officer requests to interview me?

    If a police officer contacts you for an interview in regards to a criminal case, politely decline the request to speak to him or her and then immediately consult an attorney. A Murfreesboro criminal defense attorney may be able to respond to the law enforcement’s request on your behalf so that your liberty is not in jeopardy. Do not who assume that it is okay to give an interview because you are ...
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  • Felony vs. Misdemeanor: What is the difference?

    A distinct difference between felonies and misdemeanors is the length of time a criminal defendant will be held in custody after a conviction. Felonies are usually the most serious crimes in criminal law. A felony is any crime that is punishable by more than one year in prison or death. A misdemeanor, on the other hand, has a sentence that may not exceed 11 months and 29 days in length, and the ...
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  • Bail/Bond: What is it and how does it work?

    The terms bond and bail both mean the amount of money a court requires from the criminal defendant in order to release him/her from jail. These terms are often used interchangeably in most areas of Tennessee. Unless the defendant is charged with a capital crime, every Tennessee criminal defendant is allowed to have a bond/bail set in his/her specific case. Following are ways bonds can be posted: ...
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  • Bonnaroo Arrests in 2015?

    Every June thousands of individuals from around the country descend upon a farm in Manchester, Tennessee for the famous four-day music festival, Bonnaroo. And every year hundreds of arrests are made in connection to the festival-goers. A New Change for Bonnaroo 2015 Every year since Bonnaroo’s beginning in 2002, individuals arrested for Bonnaroo-related criminal offenses, in Coffee County, were ...
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  • What is an arraignment?

    An arraignment is a court hearing where a criminal defendant is advised of the charges being brought against him or her. During this proceeding, the criminal defendant is asked to enter an initial plea of either guilty, not guilty, or no contest. After the defendant’s plea is entered, the court will set a review and/or settlement date. A criminal defendant is normally required to attend the ...
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  • Can I decline to answer questions about an alleged crime?

    The United States Constitution protects an individual’s right to refuse to answer questions that might incriminate him or her in any legal proceeding. This protection falls under the Fifth Amendment, which is part of the Bill of Rights. The Supreme Court has held that “The privilege serves to protect the innocent who otherwise might be ensnared by ambiguous circumstances.” (Ohio v. Reiner, 532 ...
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  • Possible Assault Charges for Illegal Drug Use During Pregnancy

    New legislation regarding illegal drug use during pregnancy that Governor Bill Haslam signed into law in April will take effect on July 1. This legislation “provides that a woman may be prosecuted for assault for the illegal use of a narcotic drug while pregnant, if her child is born addicted to or harmed by the narcotic drug” SB1391/HB1295 The new law allows for new mothers to be criminally ...
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  • Should I talk about my criminal case?

    No, it is not advisable to discuss your situation with friends and family. In general, anything you state to another individual is not privileged. This means that the information may possibly be used against you. Any communication with your attorney is privileged.
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