July 2012

I recently received a comment to a blog post . First , I welcome all comments. Sometimes , folks post a comment that is a question . I will try to answer most questions if possible.

The comment addressed the new expungement law . The new expungement law did not change the status of expungements

I know it is shocking but there are some people that are guilty as charged. The criminal justice system cannot afford to put everybody in prison. So , the Tennessee Legislature created alternative sentencing that allows the judge to not send a person convicted of a crime to jail in certain circumstances. The most typical

Certain criminal convictions can be used to attack the credibility of witnesses during trial. It is commonly referred to a impeachment evidence. In some trials , it is who the judge or jury believes that makes the difference. In many cases such as a domestic violence charge, no one witnesses the alleged charge except the parties.

Thanks to our superb receptionist Amber , she gave me the heads up on a news flash in DUI enforcement in Nashville over the Fourth of July holiday. Tennessee has adopted a no refusal holiday in drunk driving cases in several Tennessee counties including Maury and Davidson Counties. The concept of a no refusal weekend is have the police obtain a search warrant in all driving under the influence (DUI) cases. In Tennessee , an accused has a right to refuse a breath or blood alcohol test if suspected or drunk driving.  Once a citizen is arrested for DUI and refuses , the police would get a search warrant to take a blood sample.

Here is the possible scenario. DUI roadblock is set up. A citizen gets stopped at a DUI roadblock and the officers smell alcohol. Field Sobriety Tests are conducted and a DUI arrest is made. A refusal to submit to a breath or blood test is made.It is refused. A judge would be close by or available to review a search warrant and issue the search warrant. The blood is then taken over the accused’s consent.Continue Reading Tennessee Adpots No Refusal Fourth of July

Effective July 1, 2012 , the legal standard for expunging a criminal conviction changed in Tennessee. Before July 1 ,  a person could only expunge their record under the following types of dispositions;

  1. The case was dismissed.
  2. You were found not guilty.
  3. The case was retired.
  4. The case was Nolle prosequi.
  5. You were granted either