Tennessee House of Representatives member Vince Dean has sponsored HB 1293. HB 1293 as introduced creates the continuing offense of sexual abuse of a child which is committing three or more incidents of sexual abuse of a child over more than a 90 period or five incidents involving two or more victims within a 90

   

One of the most important things to remember when one is facing a criminal charge in Tennessee is to keep your mouth shut. I often refer to this as my "million dollar advice." I represent  good folks who might have made a error in judgment. So , they were raised to cooperate with the police. even some folks blog about that who have no legal degree. They are wrong. You have no legal duty to cooperate with the police in a criminal investigation.

If you are stopped by the police , you do have to show your ID. Once that is complete , you have no legal obligation to say anything. Remember the old Dragnet show . Anything you say can and will be used against you. Here are some illustrations;

Officer: Have you had anything to drink tonight ?

Accused: I had two beers.

Next thing you are being asked to get out of your car do do some field sobriety tests. The police still don’t tell you you don’t have to do these tests.Once you admit to drinking, they can ask you to get out of the car.

Officer: Someone tells us that you may have child porn on your computer. What to talk to us about it ? Or  Someone is accusing you of touching someone. Want to tell us your side ? We can help you ?

Accused; Sure I want to talk to you without a lawyer present so I can be tricked into confessing.


Continue Reading A Reminder to Keep Your Mouth Shut

California has over 74,000 people on the sex offender registry. Every year that passes more restrictions are put into place on those on the sex offender registry. California passed a new referendum that would require those on the sex offender registry to  provide authorities their email addresses , user names , screen names , and Internet handles as well as to report any changes to those within 24 hours.

The American Civil Liberties Union has filed suit to prohibit the new law from going into effect on Firs Amendment grounds. Here are some of the comments from Michael Risher who filed the lawsuit;

“This is a problem under the First Amendment,” Mr. Risher said. “Americans have a right under the First Amendment to speak anonymously, and this eviscerated that right. People, for example, would have to turn over the screen names they use to comment on the New York Times Web site.”

“That’s not activity that can be used to commit a crime in any way,” he continued. “It is pure speech, often pure speech about important political issues of the day. It’s an area where there is no reason for the government to be requiring people to identify themselves to the police.”

A federal judge has issued a temporary injunction stopping the new law for now. How does that law apply to those in Tennessee ?  Tennessee requires the disclosure of  certain information. Here is the exact wording as the law is now; 

 

A complete listing of the offender’s electronic mail address information or any instant message, chat or other Internet communication name or identity that the person uses or intends to use

 


Continue Reading Lawsuit Filed to Block New California Sex Offender Law

                       

Dominique Strauss-Kahn is back in the news. Strauss-Kahn gave a statement a recent statement about wanting to be "left in peace". Then , his lawyer declared his defense to the prostitution charges.

First , the defense to a prostitution charge via The Jury Room Blawg . It seems Strauss-Kahn’s lawyer is advancing the defense  that

Mt. Pleasant High School quarterback Princeton Harlan has been charged with the rape of a child in Maury County. Also, two of his teammates were charged with raping the same victim. The big difference is how they will be treated by the criminal justice system. Harlan is over 18 and will be tried

Jerry Sandusky is going to prison to serve between 30 to 60 years for being convicted of over 40 counts of abusing children. I am not sure of his convictions. The news reports just refer to molesting children or sex abuse. Under Tennessee law, it could be rape of a child or aggravated child

Jerry Sandusky appeared in court today for his sentencing hearing. Pennsylvania is like Tennessee in where the judge sentences a person after the jury determines guilt or innocence. A sentencing hearing is a very important stage of the case.It went poorly for Sandusky and it is likely he will die in prison. Sandusky did two

Monsignor William Lynn is on trial in Philadelphia over felony charges of endangering children and conspiracy that he shielded sex abusers . It is thought to be one of the first trials in the nation on this theory of prosecution. The central theory of the state’s case is that Monsignor Lynn knowingly allowed priests who

It is not official but there may be a new tactic in how Metro Nashville police are handling patronizing prostitution cases in Nashville, Tennessee. Over the weekend , a prominent high school football coach was arrested for patronizing prostitution. What makes this case different is how the police start the process. Tennessee police officers have

What people put on Facebook never ceases to amaze me . Now , the police are using Facebook to track down fugitive criminals .  A police department in Alabama recently posted a wanted poster on Facebook. In the Old West , the sheriff would post a wanted poster in the post office.  In this century ,we