What Can Be Considered an Assault?
The primary factor that decides whether a charge qualifies as “assault” comes down to intention. No Jokes Allowed? It’s important to note here the impact of the intention in question refers more to the victim of the assault in question. If the person who committed the assault did so without the intention of causing harm, […]
Will I Lose My Driver’s License if Convicted of a DUI?
First of all, it’s important to note the penalties for being convicted of driving under the influence (DUI) depend on the location and the specific details of the crime in question. A first time DUI in Florida is likely different from the third DUI offense in Tennessee. That being said, the loss of a driver’s […]
When to Ask for a Lawyer during DUI stop?
There’s an old saying that “only the guilty ask for a lawyer.” That old saying has never been true. The right to legal representation comes primarily from the need for anyone unfamiliar with the legal process to find a professional to help them navigate the overwhelming and intimidating world of legal due process. If you […]
Types of Drug Offenses
While the list of controlled and illegal substances applies to a variety of drugs, the specific type of drug charges tend to be fairly straightforward. Depending on the state in question, the U.S. law system tends to stick with five specific charges when it comes to illegal drugs. Simple Possession Offenses Having an illegal drug […]
Can Police Search My Car in a DUI Stop
To be brief, yes, but that answer does come with a few conditions that have to be considered in every situation. Generally speaking, a law enforcement officer has to determine some manner of suspicious activity before attempting to pull over and question a driver for driving under the influence or engaging in a DUI. How […]
What is Probation
Probation refers to a form of punishment for misdemeanor/felony convictions that allows the convicted defendant to avoid jail time in favor of a supervised release. However, the defendant may face some level of restriction during the period of probation, and any violations of the probation can result in greater punishment. Sentencing Options When facing a […]
How To Get Bailed Out
To get bailed out of jail, you have to make use of the bond system. While the system details can vary from state to state, Tennessee state law requires an individual posting bond to pay 10 percent of the total bond amount to a licensed bail bondsman. For example, suppose you’ve been arrested for robbery […]
Penalty for First Time DUI (Murfreesboro, TN)
Every U.S. state considers the act of driving under the influence, also known as DUI, to be a crime. While Tennessee law does carry stiff penalties for committing DUIs, first-time offenses obviously tend to carry lighter sentences in general circumstances. Potential First-Time Offender Penalties A first-time DUI in the state of Tennessee can include the […]
New TN Law: Drunk Drivers to Pay Child Support
A new law can require a person convicted of vehicular homicide to make child support payments for the children of the victims. House Bill 1834 of the Tennessee General Assembly Legislation, also referred to as “Bentley’s Law” or “Ethan’s, Hailey’s, and Bentley’s Law,” requires a sentencing court to hold a defendant found guilty of vehicular […]
Charged with Domestic Violence
The state of Tennessee recognizes domestic violence by categorization, identifying each situation by the parties involved. It takes acts of domestic violence seriously and in Rutherford County where the Clarke Law firm is located, these charges or a conviction can be life-changing. While our typical public understanding of domestic violence could be limited to situations […]