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SAYING "SORRY" AFTER AN ACCIDENT CAN HURT YOUR CLAIM
Following an accident, any form of apology can be taken as an admission of fault by insurance adjusters investigating your claim. Although you might feel uncomfortable trying to avoid apologizing for an accident you were involved, doing so can have a significant impact on your claim for damages. This is why you should remember to never apologize after an accident. In this blog, we explain how your apology can wind up costing you a substantial amount of money. YOU DON'T HAVE T
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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...
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CAN I DRIVE AFTER A DUI CONVICTION?
In Tennessee, driving under the influence of alcohol or drugs is regarded as a serious crime. A conviction can result in severe penalties, such as the loss of your driving privileges. The duration of losing your driver's license can extend to several years, depending on the number of previous DUI convictions you have. HOW LONG DOES MY DRIVER'S LICENSE SUSPENSION OR REVOCATION LAST? The length of time of your license suspension or revocation can vary based on several factors.
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FIVE TIPS FOR HELPING PARTY GUESTS AVOID A DUI
Everyone wants their party to be a hit, and over the years one of the best ways to make sure that happens is to offer plenty of adult...
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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. Whenever you engage in a public matter, like changing your name, getting married, or receiving a traffic ticket, it is recorded in the public record.. Your criminal history is also a part of this record. Whenever you are convicted of a crime, your action and sentence are recorded and remain there for the rest of your life. In such situations, even after completing your sentence, your obligation
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FIVE WAYS TO SABOTAGE YOUR DUI DEFENSE
If you are arrested for driving drunk, you will have a very limited amount of time to assemble your defense before your hearing in court. It is strongly advised that you retain an attorney to help you face your charges, and while one can dramatically improve your defense, there are a few things you can do that will sabotage your case, no matter what they do. On this blog, we examine five ways you can ruin your DUI defense before your hearing. TALKING ABOUT YOUR CASE ON SOCIAL
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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...
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FIVE CRIMES COMMON DURING THE HOLIDAY SEASON
The holiday season may be a time for good will and generosity, but crime does not stop just for a celebration. In fact, the holidays often see a sharp rise in a few different types of crimes due to the nature of certain behaviors around the holiday time. In this blog, we'll examine a few of these crimes that occur commonly around the holidays. SHOPLIFTING With the economy still sluggish and the still rising cost of living, affording the holidays can be difficult for some peop
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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. Rutherford County Sheriff's officers attempted to deploy spike strips on I-24 t
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UNDERSTANDING YOUR MIRANDA RIGHTS
“You have the right to remain silent...” We've all watched a TV show or movie where law enforcement finally catches the suspect and issues a series of warnings while placing the suspect into the back of a squad car for transport to jail. "You have the right to remain silent," is typically the first thing said to the suspect as they are being taken away. This crucial phrase is the first in a series of rights you have as a criminally accused person, allowing you to avoid self-i
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DO I HAVE TO ALLOW THE POLICE TO SEARCH MY HOME OR MY CAR?
Generally no, unless the police possess a signed search warrant. In most cases, you can refuse to allow a search by the police without a warrant. Even if the officer threatens to detain you until a warrant is acquired, it is rarely a good idea to consent to a search voluntarily. However, there are exceptions for warrantless searches on your home or car. These include exigent circumstances (an immediate emergency), arrest in a vehicle (cannot search locked compartments without
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WHAT IF A TENNESSEE POLICE OFFICER REQUESTS TO INTERVIEW ME?
If a police officer contacts you for an interview about a criminal case, you can politely refuse and promptly seek advice from an attorney. A local criminal defense attorney can potentially handle the law enforcement's request on your behalf, so your liberty is not in jeopardy. Do not assume it is safe to participate in a police interview merely because you believe you have not done anything illegal. Even during a seemingly harmless interview, your statements may lead to bein
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FELONY VS. MISDEMEANOR: WHAT IS THE DIFFERENCE?
A distinct difference between felonies and misdemeanors lies in the duration a criminal defendant is held in custody following a conviction. Felonies are typically considered the most serious crimes in criminal law. A felony is defined as any offense punishable by more than one year in prison or by death. Conversely, a misdemeanor carries a sentence that may not exceed 11 months and 29 days, with criminal defendant generally serving the sentence in a local jail. Both felonies
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BAIL/BOND: WHAT IS IT AND HOW DOES IT WORK?
The terms bond and bail both refer to the amount of money a court requires from a criminal defendant to secure their release from jail. In many parts of Tennessee, these terms are often used interchangeably. Unless a defendant faces charges for a capital crime, every criminal defendant in Tennessee is allowed to have a bond or bail set in their specific case. Following are ways bonds can be posted: In full to the court clerk (referred to as a “cash bond”); Through a bonding c
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THE MIRANDA WARNING AND WHAT HAPPENS IF THE POLICE FORGET
The Miranda warning, also known as Miranda rights, is a notification given by U.S. police to a criminal suspect who is in custody or undergoing custodial interrogation, to ensure that any statements made by the suspect can be used as evidence in criminal proceedings. This requirement to advise a criminal suspect of his or her Miranda rights arises once an individual has been arrested or is in police custody and not free to leave. If the police fail to properly administer the
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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 sent a letter from the District Attorney's office that instructed the defendant to
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FACING DUI CHARGES?
Being convicted of DUI can be damaging to your life in many aspects. Having multiple DUI convictions can increase that damage even more. Being cited for DUI does not automatically equate to a DUI conviction. Experienced DUI attorneys work hard to protect your rights and help you navigate the legal system through court dates and understanding requirements of your arrest. Murfreesboro DUI lawyers understand that the consequences for violations involving your SCRAM device or you
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WHAT IS AN ARRAIGNMENT?
An arraignment is a court hearing during which a criminal defendant is advised of the charges being brought against him or her. During this court 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 arraignment. If the defendant fails to attend the arraignment, additional
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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 U.S. 17, 2001) The investigating authorities may try to convince you that not coope
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DO I NEED TO HIRE A CRIMINAL DEFENSE ATTORNEY?
In the unfortunate circumstance that you are arrested or charged with a crime, it is wise to be represented by competent legal counsel. Due to the complexities of the criminal justice system, negotiating a successful plea-bargain on your own behalf with the District Attorney or Assistant District Attorney is difficult. It is a wise choice to consult with an experienced Murfreesboro criminal defense attorney in regards to your criminal case. All criminal defendants have the ri
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