It is the Christmas season. Christmas brings dreams of presents under the tree and goodies to eat. Since , I no longer get a toy. I was making a wish list for the criminal justice system in Tennessee. Here they are in no particular order:

  • Dash cams for all patrol cars in Nashville Davidson County,

It is Cyber Monday. All through the house goes the click of a mouse buying presents to be placed under the tree. While Santa is shopping the evil Grinch is trolling for your credit card information. I just read a news release by Cybersecurity expert Tony Perez. Here are some of the takeaways.

1.What are

 The Tennessee Alcohol Beverage Commission (ABC) have been busy conducting underage alcohol stings in Nashville Davidson County Tennessee this summer.. The ABC and the Davidson County Beer Board have concurrent jurisdiction on enforcement of underage sales to minors. It is also a criminal offense to sale beer or alcohol to minors under T.C.A. 57-5-301 .Here

Is it time to abolish the habitual motor vehicle offender law in Tennessee. the habitual motor vehicle offender law was enacted to prevent people with qualifying  criminal convictions from driving. A petition to declare one a habitual motor vehicle offender based on the number of DUI convictions as well as other driving offenses such as

Sandra Bland was laid to rest this past weekend . Ms. Bland’s arrest and death has been widely reported in the media. Questions linger on why she was arrested and the circumstances leading to her death. Coming back from court her story was featured on the radio program On Point . CNN ran a  video

After California enacted a new law earlier this year, illegal residents became eligible to obtain a driver’s license. The California Department of Motor Vehicles reported over 397,000 drivers licenses were issued to illegal residents for the first six months of this year. In Tennessee , a illegal resident is prohibited from obtaining a Tennessee

 

In November 2014 , President Obama announced that t his administration would not deport certain undocumented persons who are the parents of U.S. citizens or lawful permanent residents if they qualify for Deferred Action for Parental Accountability (DAPA). Since Padilla , it has been extremely important for a criminal defense lawyer to be cognizant of the immigration consequences on the outcome of a criminal case. The Collateral Consequences Resource Center  recently posted on DAPA . The post also contained a link to a practice advisory for criminal defense lawyers in dealing with this issue. I highly recommend downloading the practice advisory prepared by the National Immigration Project.

Without  getting into the who is qualified for DAPA , lets look at what criminal offenses disqualify one from the program.

  • A felony conviction.
  • Three misdemeanor convictions.
  • Conviction of one significant misdemeanor.

The enforcement memo defines a significant misdemeanor as ;

  • Domestic violence
  • Sexual abuse or exploitation
  • Unlawful possession or use of a firearm
  • Drug sales
  • Burglary
  • Driving under the influence of alcohol or drugs
  • Sentences of 90 days or more ,excluding suspended sentences

 Criminal defense lawyers must master criminal law , criminal procedure and evidence . Now , we must know immigration law or consult with immigration lawyers.

Tomorrow , I will be discussing the strategies in dealing with these new problems.


Continue Reading Representing Non-Citizens and Obama’s New Proposal

Last Sunday , I was enjoying my early morning routine of French press coffee , reading the Tennessean , New York Times , and Twitter. I came across a tweet from attorney Lee Rosen about a blog post from lawyer Liz  Davies . The topic of the post was " How to tell your parents

I had posted some suggestions set out by lawyer Nicole Black on how to be a happy lawyer . One of her suggestions is to take control of your calendar . I could not agree more. Criminal defense lawyers in Nashville, Tennessee calendars are set by the court. Settlement dates, arraignments , motion hearings

Over the last few days , I have been thinking about the inequalities in the Tennessee criminal justice system . Most cases are misdemeanor cases and can be resolved in General Sessions Court. However , you are not entitled to receive information about your case which is commonly known as discovery . Since the vast majority