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
Changes to Nashville’s Domestic Violence Docket
Davidson County District Attorney Glenn Funk recently proposed a change in the procedure for docketing misdemeanor domestic violence cases once the cases are bound over to the grand jury from general sessions court . Currently, misdemeanor domestic violence cases are assigned to the criminal courts based on the date of arrest . General Funk made…
Observations of Nashville’s Domestic Violence Docket
Last week I posted on Nashville’s domestic violence docket . I had a chance today to go observe the docket. Here are a couple of my observations:
- The first court appearance is an initial appearance. No witnesses are subpoenaed. The purpose is to ascertain if you have a lawyer and to reschedule the court date.
Don’t Be Late To Court
Yesterday , I posted a criminal law tip of the day on my office’s facebook page . I thought my next tip should be on the blog because it gives those facing criminal charges some advice on how to survive the criminal court process.
Today’s tip is to be early for court. If court starts at 9:00…
Tennessee DUI Law Alert
When I first read that the Tennessee State Legislature was going to require all of those convicted of first offense DUI in Tennessee to have an ignition interlock device, I thought the lobbyists for the ignition interlock companies were simply hard at work. Once the bill went into effect, I was pleased to read that those eligible for a restricted driver’s license had been expanded. I thought everyone practicing DUI defense was aware of the new law. However, it was not until I went to court and talked to several lawyers who did not know those with multiple offense DUI convictions are eligible for a restricted license.
Tennessee Code Annotated 55-10-409 was amended and went into effect on July 1,2013. The new law made all DUI offenders eligible for a restricted driver’s license with the installation of a ignition interlock device. It also allows those convicted of DUI second offense or greater to apply for a restricted license. Here is the catch~~You must have the device installed for the life of the license revocation. For example, if your license is revoked for a third offense conviction and as a result your license is spended for six years, you could be eligible for a restricted license as long as you have the device installed.
There are some exceptions to this amended law. A conviction for vehicular assault by intoxication, vehicular homicide by intoxication, aggravated vehicular homicide or similar offense in another state precludes one from obtaining a restricted driver’s license. One other big exception is if another person is "seriously injured or killed" in the "course of conduct that resulted in" the driver’s conviction for DUI.…
The Difference In How Death Penalty Cases Are Handled
Craig Garber pleaded guilty to a triple murder in Nashville,Tn. yesterday. Mr.Garber was facing the death penalty. Nashville’s District Attorney’s Office made the decision to offer a plea bargain agreement where Mr.Garber must serve three consecutive life sentences.Mr.Garber will be eligible to get out in 153 years. There were several reasons why the District Attorney’s…
Warning. I am the Police. Now Admit Your Guilty.
A question that pops up over and over again is " Does a confidential informant have do tell me they are the police ? " One can count on the police recording activity of illegal drug sales or interviewing suspects under criminal investigation . Secret recordings are one of the standard tools that police use every day.…
Will the Drew Peterson Verdict Stand Up ?
I had not followed the Drew Peterson murder trial until a friend asked me if I thought he was guilty. I did not know much until the verdict came down. It appears some hearsay evidence persuaded the jurors to return a guilty verdict. A new rule of evidence was passed in 2008 which allowed some…
Tennessee Expungement Law Alert
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;
- The case was dismissed.
- You were found not guilty.
- The case was retired.
- The case was Nolle prosequi.
- You were granted either
Florida Judge Orders Man to Take Wife to Red Lobster
A Florida Judge ordered a man accused of a domestic violence charge to take his wife out to Red Lobster as a condition of his bail bond. Judge John Hurley ordered the defendant who was accused of assaulting his wife to get her some flowers , dress up , take her to Red Lobster…