Criminal Charges
SCOTUS’s Decision in Van Buren vs. United States Provides More Freedoms
The Supreme Court of the United States (SCOTUS) made many public rulings this June, as it does every year. In a somewhat surprising decision, the Court narrowly interpreted the 1986 Computer Fraud and Abuse Act overturning a police officer’s conviction. In a 6-3 split, the Supreme Court reversed and remanded the case back to the…
Read MoreMarijuana vs. CBD Charges in Tennessee
Many states have approved the use of recreational and/or medical marijuana. While there are advocates for approving these marijuana uses in Tennessee, the State currently does not permit anyone to possess, manufacture, distribute, or sell marijuana for any reason. Cannabidiol, or CBD, is derived from the hemp plant; unlike marijuana, it does not cause a…
Read MoreWhat Happens at the Arraignment and the Preliminary Hearing?
Criminal cases generally require that the defendant be arraigned after he/she is arrested. Defendants usually have the right to a preliminary hearing after they are arraigned. It is critical that defendants have legal counsel at both the arraignment and the preliminary hearing. Experienced defense lawyers can explain what happens at each court proceeding and explain…
Read MoreWhat Outcomes Are Possible Once Your Case Is Scheduled for Trial?
Trials are risky. The judge in your case can affect the outcome. Juries can be fickle. Sometimes, one or a few jurors can dominate other jurors and persuade other jurors to reach an unjust verdict. While defendants are presumed innocent in criminal cases, juries often find police officers the most credible witnesses. In effect, at…
Read MoreWhen to Consider a Plea Bargain
The ideal for every criminal defendant is to have the criminal charges dismissed before trial. While a jury may acquit you, jury trials carry serious risks. For starters, the jury pool in Tennessee is drawn from registered voters. Voters in this state typically are conservative and often believe a police officer over a person charged…
Read MoreWhat Is the Chain of Custody of Evidence?
In criminal cases, when the government seizes any evidence, the government must show that it properly stored the evidence. Properly storing evidence means that there was no opportunity to tamper with the evidence. Chain of custody refers to the methods the prosecution uses to preserve the evidence. In particular, the chain of custody refers to…
Read MoreGrand Juries: How They Work
In American law, there are two types of juries: grand juries and petit juries. A petit jury decides guilt or innocence after a criminal trial (or the money damages in a civil trial). For some criminal matters, however, there is a grand jury. Generally, but not always, a person is arrested, is arraigned, has a…
Read MoreFour Myths About Lawsuits Debunked
Television shows and movies about the law and attorneys often take liberties about how the legal process works. Trials happen quickly, verdicts are returned after a commercial break, and in TV and movie land, justice comes easily. Dramatizations and the media don’t focus on the small details that make up most of civil or criminal…
Read MoreWhat Are the Penalties for Assault?
Tennessee state law defines two types of assault: simple and aggravated. Individuals accused of assault crimes may face misdemeanors or felony charges based on the severity of the offense and the particular acts and circumstances allegedly done. Penalties associated with these crimes can range, including significant fines and prison time. Simple assault in Tennessee According…
Read MoreTennessee Supreme Court Gives Self-Defense Question to Judges, Not Juries
The Tennessee Supreme Court answered a question recently self-defense instructions to a jury: Does the jury have an automatic right to hear the issue of self-defense, or can the judge assess whether the defendant fairly raised the issue of self-defense – before instructing the jury on self-defense? In other words, does the defendant have to…
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