As I continue to determine what direction this blog should take., I am going to add a new category. The Tennessee Criminal Law Dictionary.
What is a Plea Bargain ?
A plea bargain is the process where the District Attorney and the lawyer for the accused tries to work out an agreement to settle the criminal charge.It
https://youtube.com/watch?v=wyuyPTOVvTM%3Ffs%3D1%26hl%3Den_US
A Tennessee child sex allegation or a child abuse allegation usually starts with a visitor from the Tennessee Department of Children’s Services followed by a visit from the police. The DCS investigator must follow a CPS investigation checklist which includes calling the District Attorney’s office upon a report of severe abuse or sexual abuse
Another misconception about drunk driving cases are they are just like any other criminal case.Here’s an example. In the normal first degree murder case , the State of Tennessee will have the police do an in depth crime scene investigation. The, the assistant district attorney may order ballistics tests , blood splatter patterns and collect
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I had a question posted by someone on the expungement process in Tennessee. The question is " In expunging you record with multiple jurisdictions do you have to go to each individual courthouse". The answer is you must go to each county in which the criminal charge was filed to complete the expungement procedure.
The fall out from the erased DUI video tapes by the Nashville, Tennessee police department continue. Attorney David Brandon was the first attorney to discover the erased tapes. I congratulate him for discovering what had happened. However, I think everyone needs to be aware that the erased DUI tapes are not a get out of jail free
As I was driving back from a preliminary hearing on a drug interdiction case in Rutherford County general Sessions court , I needed to grab a bite before going back to the office. So , I thought about an old favorite Tex"s Barbecue on Foster Avenue in Nashville. I had not been there in awhile
The federal courts are split over whether the police must obtain a search warrant before secretly attaching a Global Positiong System device under someone’s car. The issue is whether the Fourth Amendment of the U.S. Constitution’s protection against unreasonable searches and seizures covers a device that records a suspect’s movements for days, weeks, or months without any need for a police officer or drug task force agent to follow the suspect. Traditionally, the courts have held that the Fourth amendment does not cover the trailing of a suspect because a citizen has no expectations of privacy for actions exposed to public view.
With the explosion of technology to track someone’s movement by GPS or cell phone, how do the court’s apply Fourth Amendment privacy rights in the 21st century?
The D.C. Circuit held on August 6 , 2010 that a warrant is needed for prolonged GPS surveillance, recognizing People v. Weaver from New York and limiting Knotts. [This is a highly important decision. Every criminal and constitutional lawyer needs to read it.] United States v. Maynard, 2010 U.S. App. LEXIS 16417 (D.C.Cir. August 6, 2010): Thanks to the Fourth Amendment for this clip. Here is the full commenatary on this case.Continue Reading Courts Split Over GPs Surveillance
Labor day is fast approaching which signals the end of the boating season here in Tennessee. I was reminded of the increased BUI enforcement of Old Hickory Lake and Percy Priest Lake by my boating friends. It’s reported that the Tennessee Wildlife Resource officers are making safety inspections all over both lakes in an effort
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Last week I spoke at a webcast for the Tennessee Bar Association on bail bond issues in Tennessee criminal cases.There were two main topics that were addressed. First , the new bail bond laws on DUI cases in which the defendant is charged with a second offense or greater. Secondly , factors the court
Here’s an update on the 1300 DUI videos that were destroyed. At first Metro Nashville Police blamed ICOP Digital stating the software had a flawed update. Brian Haas of The Tennessean reported today on the company’s response. Here is a copy of the letter that was sent to Metro Police Chief Steve Anderson. You can