June 2011

The State Supreme Court of Hawaii ruled that a man convicted of punching his stepson should have been allowed to raise parental discipline as a defense in his trial. The trial court rejected that defense because the boy’s nose was broke by the defendant who wanted him to clean a carpet stain. The case is

           

Nashville’s DUI officers rely heavily on the breath alcohol test . If you submit to a breath alcohol test , do you have a right to an independent test blood test for alcohol or drug content. ?

Yes. Tennessee Code Annotated 55-10-410 mandates that a person charged with driving under the influence " shall be entitled

Richard Wilson of the Nashville Metro Police Department was indicted by a Federal Grand Jury for allegations that he was involved in distributing cocaine , Mr. Wilson has been decommissioned as a police officer pending the outcome of his criminal charges. Mr. Wilson has been on the DUI Enforcement Unit of the Nashville Police Department

                              

Congressman Anthony Weiner is all over the news with his Twitter postings . Now , it appears he is under investigation for sexting with a 17 year old girl in Delaware . Is sexting with a minor illegal  under Tennessee criminal law ? Are there consequences in Tennessee for an adult to sext with

What is the punishment for aggravated sexual battery under Tennessee criminal law ?

 Aggravated sexual battery is a Class B felony in Tennessee . The full range of punishment is 8 to 30 years in jail . The true length of the prison sentence depends on the number of felony convictions that one

Sometimes those charged with a crime try to avoid getting arrested . My advice is to hire a criminal defense lawyer and turn yourself in to law enforcement .There are several tactical reasons to so and they can  all help your case.

First , turning yourself in sometimes result in a lower bail bond being set

Can intoxication be a defense to a first degree murder case ?  It can be a defense to one element of the case . In most criminal cases , the State of Tennessee must prove the Mens Rea  or criminal intent of the defendant’s mind. In a first degree murder case , the state must