One of the routine questions I am asked is" what is an arraignment ." An arraignment is that stage of the criminal proceedings where a defendant is called upon by name to enter a plea. It is at this stage of the case where the defendant is to provide notice to the defendant that a
August 2012
Can You DeleteYour Facebook Page ?
Lawyers and Judges are struggling with the explosion of social media in the courtroom. Recently , a Virginia judge sanctioned a lawyer over $500,000.00 for advising a client to delete a facebook account in a civil case. Most states have a theory of law in civil cases called spoliation of the evidence. Basically , one…
Only a Few Take advantage of the New Expungement Law
Dennis Ferrier of WSMV reports that only 17 people have taken advantage of Tennessee’s new expungement law . I was excited about the new expungemnt law going into effect in hopes it would give citizens a second chance. Once , I had a hard look at the law . I knew few people would qualify. …
Your Rights at a DUI Checkpoint in Nashville
My last post was about a DUI checkpoint that was posted on the Metro Nashville Police Department’s Facebook page. So , I thought I would post this video on your rights at a DUI checkpoint in Nashville.
Metro Nashville Police Department Has A Facebook Page
I just discovered that the Metro Nashville Davidson County Police Department has a Facebook page . Everybody including police departments are into social media. Often , it is the police checking out your Facebook page looking for evidence or to find out information on folks.
Here is what I learned from the Facebook page ;…
A Murder Trial Chinese Style
Gu Kailai was convicted of murdering a British business partner in China . The trial lasted less than seven hours including a break for lunch . The Chinese criminal justice system apparently works with great speed . It is quite different than the American criminal justice system.
Here are some of the differences that…
Collection of DNA Samples in Tennessee
Oops . I made a mistake . Yesterday , I posted about the collection of DNA samples at the time of arrest . Thanks to a Nashville Night Court Commissioner who reads the blog . I was advised that Tennessee does collect DNA samples at the time of arrest in some cases. I was not…
Celebrity DUI Mugshot
Here is the celebrity DUI mugshot of Randy Travis. Remember , he is presumed innocent of all charges.
Should The Government Have Your DNA ?
The New York Times ran an editorial on Justice Roberts order staying a Maryland Supreme Court ruling. Maryland passed a law that allowed police to take a DNA sample of those charged with a crime whether guilty or not. The Maryland Supreme Court ruled the law was unconstitutional based on a violation of the Fourth…
Question of the Day
I came across a question that was worth repeating. Can you move out of the state while on probation in Tennessee ? When a person is placed on probation usually they sign a order of probation . One of the conditions of probation is that a probationer can not travel out of the state without…