The Tennessee Legislature passed a new sentencing bill in the last minutes of the legislative session. The proposed new law would establish a new enhancement factor for defendants who are aliens illegally or unlawfully in this country and who have previously been deported for a criminal offense. If the sentence cannot be agreed to by
Nashville Lawyer Files Lawsuit for Mass Expungements
Stacey Barchenger wrote a story in today’s Tennessean about a court filing calling for mass expungements. Before I comment on the article. I would like to acknowledge The Tennessean is once again covering the local courts. When I first started as a law clerk then a lawyer , Kirk Loggins covered the courthouse beat. Kirk
Should Your Client Testify at a Sentencing Hearing ?
Being a criminal defense attorney requires you to use many types of advocacy. You have preliminary hearings , motion hearings , jury trials ,and sentencing hearings. Each area requires different skills of persuasion. Today , I want to discuss one aspect of sentencing hearings.
Sometimes your client is found guilty after trial or agrees to
Revocation of a Suspended Sentence in Nashville
The District Attorney’s Office here in Nashville is using a new tool at their disposal. On some simple crimes , a defendant is offered a suspended sentence. A suspended sentence is suspended for a period of time . Recently , the assistant district attorneys have been more aggressive in filing motions to revoke a suspended sentence
Tips On How Not To Have Your Probation Violated
While I was working on this post in court yesterday , I mentioned it to a fellow lawyer who showed me this Chris Rock video on "How not to get your ass kicked." Some of Chris Rocks tips are very similar to mine. Probation should be easy. There are simple rules like not get arrested
Two Words That Must Be Spoken At A Sentencing Hearing
I have been a little remiss posting this summer. I have had a full plate with my term as President of the Tennessee Association of Criminal Defense Lawyers , a class at The Trial Lawyers College , as well as practicing law. So, back to the blog. Before I share with you the two most
Tennessee Supreme Court Changes Standard of Review in Sentencing
Appealing a sentence or the denial of probation just got tougher under Tennessee law. In years past , the Court of Criminal Appeals and the Tennessee Supreme Court would review a sentence or the denial of probation based upon a standard of review referred to as de novo based with a presumption of correctness. In
Mandatory Sentences Give Prosecutors The Hammer
Richard A. Oppel Jr. of the New York Times just published a article entitled " Sentencing Shift Gives New Leverage to Prosecutors". From my perspective handling criminal cases in Tennessee , Mr Oppel is right on target. Under Tennessee criminal sentencing laws , there are mandatory minimum sentences in certain criminal offenses.Some prosecutors use
A Tip for a Successful Sentencing Hearing In Tennessee
Why am I showing a image of someone rolling a joint when the title is " Tennessee Sentencing Hearing Tips". Simple. Avoid drug use when facing a criminal charge.Okay , I know drugs are illegal .However , I do realize some individuals use recreational drugs. It creates problems if your charged with a
What Crimes Exclude You From Probation ?
I have a trial set for Monday. While I was working on the case today, I got the call with a plea bargain offer. The call made me hit the books just to verify my client is good to go for probation. Last year , The Tennessee Supreme Court found a lawyer was ineffective for telling his