Why would more people get into legal trouble? Well, it isn't unusual for people to have a couple of drinks and then think that they are okay to drive. If the NTSB's suggestion is adopted, that normal, currently legal behavior, could become criminal. The NTSB recommends that states change the drunk driving BAC limit from 0.08 to 0.05.
]]> It would be a significant change to which drivers would have to adapt their drinking behaviors. The wine or beer with dinner might be enough in some cases to land someone in handcuffs for DUI. Some critics of the idea argue that the stricter law would be an unnecessary way to take away the freedoms of responsible citizens who want to responsibly enjoy a drink without being treated like a criminal later.But the NTSB refers to other countries with a lower tolerance regarding breath tests and has apparently come to the conclusion that the suggested change would effectively create safer roads. Just as states fell in line with government recommendations in the past when they enacted the 0.08 limit, they might do the same in this situation in order to secure government funding.
Tennessee has already made one big change to its DUI laws recently by requiring first-time offenders to put ignition interlock devices in their cars. State Rep. Jeremy Faison assures that he will create and/or back a legislative proposal to add the proposed 0.05 BAC limit to the drunk driving laws in Tennessee. With what seems to be an anti-drunk driving trend in the state, drivers might have another strict DUI law to worry about.
Source: Knox News, "Rep. Faison says he'll push for lowering DUI level to 0.05," Tom Humphrey, May 15, 2013
]]>If all of the above-mentioned, hypothetical people were convicted of a sexual offense, should they all face the same criminal sentencing? Should a 14-year-old boy be treated the same way as a, for example, 44-year-old man? Human rights advocates and some lawmakers argue, "No," Courts should be allowed more freedom in determining kids' sentencing regarding the sex offender registry.
]]> The sex offender registry inspires enough debate without even adding the aspect of children sex offenders into the equation. Those required to register as sex offenders can be on that list for a lifetime, spending their days with anyone around them having access to their information. Their place on the registry can make it hard to find a place to live work, even a place to be safe from the potential harassment of their community members.If it is hard as an adult to live with the limits and stigma related to the sex offender registry, imagine how difficult it could be on the well-being of a child. Kids as young as 14 (in some states younger) can be required to register as sex offenders for an offense as relatively minor as "sexting" or having consensual sex with another minor.
While those offenses might be serious, human rights advocates suggest that they don't warrant the punishment of kids registering as sex offenders within the public system. That sentencing can lead to the damage of a child's future and mental well-being. Child advocates suggest that more states should implement and utilize non-public registries that only law officials have access to. Doing so would protect kids' privacy while also maintaining efficiency within the criminal justice system.
A child who is charged with a sex crime has a big challenge before him. The experience of a criminal defense lawyer is invaluable in order for him and his family to get through the situation in the best shape possible.
Source: USA Today, "Sex-offender registries: Should kids be listed?" May 1, 2013
]]>Charles Ramsey claims to be the man who found Amanda Berry and helped get her in contact with police. His own call to 911 has provided entertainment for the public, as have his various media interviews. But there is more to Ramsey than his current hero image. In fact, he has a criminal background with various incidents of domestic violence on his record.
]]> Ramsey has addressed his criminal record without downplaying his role in the domestic violence incidents he was convicted of. The charges he faced were related to his now ex-wife, with whom he currently claims to have a healthy relationship. The domestic-violence-defendant-turned-hero says, "Those incidents helped me become the man I am today and are the reason why I try to help the community as much as I can ... Including those women."We didn't verify whether Ramsey's claims are true, but his situation does present a chance to point out how rehabilitation is possible. A criminal offense or criminal background does not have to define a person's future. Domestic violence incidents in particular can stem from immaturity and misunderstandings. A criminal defense lawyer is an important source of guidance for someone who wants to protect his future from the threatening stigma related to domestic abuse.
Source: The Daily Mail, "'It made me the man I am today': Ohio kidnap hero speaks about domestic violence arrests," Thomas Durante and Rachel Quigley, May 9, 2013
]]>Failing to live by the rules of the sex offender registry can put a person right back in prison and add more probation to his sentence. A Tennessee man is facing the consequences of those facts after authorities verified that he had neglected to follow at least one little aspect of his offender registry requirement.
]]> In 2009, the defendant was convicted of incest. The conviction required the Tennessee man to register as a sex offender and, therefore, live by the myriad of rules laid out in the program. One of those rules is that he cannot live with a child. Officials claim to have found a woman and her toddler living with the registered sex offender. That discovery alone allowed police to take the man into custody and could significantly impact his freedom.Tennessee takes sex crimes, especially those involving children, as seriously as anyone could take a criminal offense. The sex offender registry might not be prison, but the lack of a lock and key doesn't mean that there aren't enough details in the program to help officials put a convicted man or woman back behind bars for even a minor failure in adhering to the laws.
Source: Knoxville News Sentinel, "Grainger County man charged with violating sex offender registry," May 7, 2013
]]>A proposal related to the Tennessee welfare system worries some who don't want to isolate people who need government assistance in order to get by. Currently, a law has already been passed but just not widely enacted that requires drug tests for all welfare applicants in the state. Does this law assume that the poor all use illegal drugs? That is just one point of the matter that's created controversy.
]]> Other states such as Florida and Arizona have adopted similar drug testing requirements, though not without challenges themselves. Critics who oppose required drug testing for welfare applicants argue that the law violates a person's right to be free from unreasonable search and seizure. For example, a person cannot legally just be randomly screened for drugs. Officials need probable cause to do that.Is asking for government assistance probable cause that an applicant might be a drug criminal? Critics answer that question with a resounding, "No." Supporters of the mandatory drug tests believe that taxes should not have to go toward helping people who are using money on drugs. They see requiring drug screenings as a way of weeding out the applicants who engage in drug crimes. It's a way of saving tax dollars.
Because of the challenges that this sort of law has faced in the other states that have enacted it, Tennessee is holding off in its likely implementation of the drug tests. We will post an update if there is a development in the matter.
Source: The Tennessean, "TN welfare drug test plan faces hurdles," Apirl 29, 2013
]]>The case arose when a Jamaican citizen, who was residing in the United States legally, was found with 1.3 grams of marijuana. He was charged and convicted of marijuana possession and intent to distribute.
]]> The U.S. Supreme Court ruled that mandatory deportation is not an automatic result of a marijuana conviction in this case. Although he was charged with intent to distribute, he was not found to have intended to sell the marijuana for monetary gain. Consequently, his actions did not constitute an aggravated felony. Under federal law, simply possessing marijuana does not constitute a felony.While individuals who have come to the United States legally may be deported in some cases - such as following a conviction of an aggravated felony - his charges did not reach such a level.
The man could still face deportation, according to Justice Sotomayor, but he now has the ability to dispute a deportation decision. In addition, the Justice Department now has the authority to determine whether it thinks deportation is an appropriate response to the conviction.
In Tennessee, marijuana possession penalties vary, depending on the number of prior offenses. An individual convicted of possessing 0.5 ounces or less can be subjected to one year in prison and a fine of $250, upon a first offense. Following a third offense, the individual can face felony charges resulting in up to six years in jail and a fine of $1,000.
Source: Thomson Reuters, "Justices say marijuana possession not a deportable offense," Lawrence Hurley, April 23, 2013.
]]>Last Friday, the bassist was involved in a fatal car accident. The wreck sent a pickup truck off of the road. As a result of the impact and fall, the driver in that vehicle didn't survive. His death, and the allegation that Harrell was driving under the influence, make for a felony charge for the musician.
]]> He has gotten into this legal stress before getting out of the grasp of a separate legal case. Harrell faces a prior charge of DUI in Tennessee. That trial is scheduled to take place late next month. Though neither case before him has concluded, his band has already made the decision to hold off on their next concerts in the U.S. A mere drunk driving arrest can have an immediate impact on a person's reputation and career. This celebrity situation is no different.Harrell is fighting not just the drunk driving and vehicular manslaughter charges. In the recent incident, authorities claim to have found illegal prescription drugs on the defendant. Therefore, he has various legal hurdles to get over in order to put this arrest and multiple criminal charges behind him and move on with his musical career.
An arrest can have an immediate negative impact on a person's life, including his financial security. A person's reputation is more delicate and invaluable than some might recognize. Working with an aggressive criminal defense attorney is not only a way to mitigate the potential sentencing that a defendant might face upon conviction; it is a way to try to protect someone's place in the world.
Source: Loudwire, "Todd Harrell of 3 Doors Down Free on $100,000 Bond Following Vehicular Homicide Charge," Mary Ouellette, April 24, 2013
]]>After driving in the wrong lane, the couple was pulled over in their vehicle. Frightened by what laid ahead, Witherspoon began to argue with authorities. Once her husband was officially being investigated on suspicion of drunk driving, Witherspoon left the vehicle in a stir. Authorities immediately demanded that the celebrity return to her car. However, America's sweetheart became angry. Police had to restrict her by her arms.
]]> Witherspoon is now facing disorderly conduct charges. The couple was taken to a local jail. After a few hours behind bars, the couple was released on bond.Here, the couple was investigated within a traffic stop. Many drunk driving charges derive from traffic violations. Such incidents give officers an open window to investigate for the presence of a crime.
As one can see, celebrities are not immune to criminal charges. They have rough days - just like the rest of us. If you are confronted with a drunk driving accusation, know that you do have options. To learn more about your potential defense, talk to a qualified defense attorney in your area. A lawyer can help ensure that your criminal justice rights have been protected.
Source: People.com, "Reese Witherspoon: 'I'm Very Sorry for My Behavior'," April 22, 2013
]]>During the trial that led to the man's murder conviction, prosecutors used something against the defendant that might have unethically contributed to the jury's guilty verdict. The Supreme Court must confirm whether it's constitutional for a criminal suspect's choice to not answer a question during interrogation to be treated as a sign of guilt.
]]> "You have the right to remain silent. Anything you say can and will be used against you in a court of law." The Miranda Rights are important to the criminal justice system and to the process of a criminal suspect protecting himself from turning a bad situation into a worse one. But when does that right to remain silent work against someone? Should it?In the case that now sits before the Supreme Court justices, the suspect refused to answer an officer's question related to his firearm and evidence at the scene of the violent crime. Prosecutors used that silence during the investigation as evidence in court against the defendant. That tactic, argues the man's legal team, goes against the United States Constitution by punishing a person for exercising his Fifth Amendment rights.
The court is scheduled to make a decision on this important legal issue by June, a decision that will help clarify the rights of suspects in all types of criminal cases in Tennessee and the entire U.S.
Source: MSNBC, "The Supreme Court takes up the Fifth Amendment: Is silence proof of guilt?" Dominic Perella, April 16, 2013
]]>Hopefully, that unintended party wasn't the police. And hopefully, the message didn't give police any reason to suspect criminal behavior. A Tennessee man was arrested on drug charges recently when he accidentally dialed the police at the most inopportune of times.
]]> Authorities allege that dispatchers got a call from someone who didn't realize that he had dialed the emergency number. The accidental caller was talking about illegal drug use and gave dispatchers reason to believe that police should make a visit to his location.Upon arrival police asked the drug crime suspect if they could search him. He consented to the authorities' request, a decision that wasn't necessarily the wisest. Police found illegal drugs on the suspect's person. He had prescription pills for which he allegedly has no prescription.
Within this incident, the pocket dial wasn't the only mistake. A drug suspect doesn't have to let police do a thorough search of his body just because they ask. He might have benefited by remaining silent and only allowing a pat down until cops could show a proper search warrant. These are any person's constitutional rights.
Source: The Tennessean, "Pocket dial lands East TN man in jail," John Henry, April 10, 2013
CBS Sports reports that Walker lost an aunt and uncle to a DUI accident last Super Bowl Sunday. His personal experience has swayed him to believe that stricter drunk driving laws will prevent such loss for others in the future. He's using his celeb voice to back a controversial bill being considered in Tennessee.
]]> Lawmakers are pushing to require ignition interlock devices for any drivers convicted of DUI with BAC levels of 0.08 and higher. Most states, Tennessee included, require only repeat DUI offenders or those with relatively higher BAC levels to put the devices in their cars. If passed, the legislation would mean that a first-time offender, barely over the legal limit, would have to blow into the machine in order to get to and from any place.There is no doubt that drunk driving is serious. Challenging a stricter ignition interlock law isn't meant to undermine the danger that a drunk driver poses. When determining laws and sentencing, it has to be more than about sending a message. Laws should be economically sound and ethical. Not every DUI case is the same. Perhaps not all defendants should be treated with the same heavy hand.
It is natural for those who've been personally impacted by a certain criminal offense to form a strong opinion about a legal matter. Walker certainly has a right to his opinion, as critics of stricter ignition interlock rules also have a right to theirs.
Source: CBS Sports, "Titans' Delanie Walker lobbying for tougher DUI penalties," Evan Hilbert, April 12, 2013
This is a sensitive matter because the health of fetuses and babies is involved. In the past, women who abused drugs that injured a fetus or left a born child could face different criminal charges. For a while, they could be charged with child abuse; then that changed to women being charged with assault or homicide.
]]> Those laws are no longer in place, so why are some in Tennessee threatened with the charges related to the supposed harm of their babies? It isn't a laughing matter for a person to be put in jail and face charges for something that the state no longer outlaws. Cases involving the health of children are extremely serious because they can also impact child custody decision.Lawmakers, police, prosecutors and everyone involved in the law needs to know what laws they are working from. Not only does prosecuting based on a non-existent law threaten women's freedom and right to their children, but it is a waste of time if the cases will only go so far.
Lack of legal knowledge is also a scary reality that shouldn't exist here or anywhere. Even if some believe that pregnant women who use illegal drugs should be able to be charged for the harm they do to their children, changing the laws is necessary first. We will post an update if there is a change in this legal matter.
Source: The Tennessean, "Drug-using moms jailed by mistake after change in TN law," Tony Gonzalez, March 31, 2013
]]>DNA evidence is particularly powerful in cases of sex crimes. Rape kits are collected from supposed assault victims, the DNA of which is evaluated and saved in a database. The goal behind the DNA collection and the database is that officials will find matches and one day be able to put a name to the scientific evidence. Up until now, the timeframe during which to act on that anticipated match was limited.
]]> A doctor who has worked with rape victims in the state brought before the Senate Judiciary Committee a bill that would essentially eliminate the statute of limitations on rape cases involving DNA evidence. The panel approved the proposal. This legislative development could make for more sexual assault arrests, charges and convictions in Tennessee.The change would mean that DNA evidence is a sort of stand-in for an actual rape suspect. With DNA evidence, prosecutors would be granted "John Doe" arrest warrants that have no expiration dates. That way, if another criminal suspect's DNA matches that of "John Doe's," they will be able to arrest and investigate him.
Science isn't foolproof, especially because it is people who handle evidence. Human error, misunderstanding and faulty science can all be threats to someone's freedom. Our Tennessee sex crimes defense lawyers protect the rights of those facing rape or other sex offense charges.
Source: The Leaf Chronicle, "Senate panel OKs bill by Sen. Mark Green, of Clarksville, to keep rape charges from expiring in Tennessee," March 25, 2013
]]>A strict law like that with the threat of license revocation can scare drivers into agreeing to any tests that a police officer might want him to perform during a traffic stop. There are instances, however, when a Tennessee driver shouldn't feel compelled to submit to DUI-related tests. A current local case provides an example of that point.
]]> One Tennessee drunk driving defendant has been battling a criminal charge for years now, since his 2009 arrest. Law enforcement arrested the driver for suspicion of DUI. A criminal charge of drunk driving wasn't brought against the defendant until a blood test suggested that his BAC was over the limit. The man's defense against the Tennessee criminal charge isn't that the blood test was inaccurate (though that is always a possibility); rather, the argument is that the test never should have been required of him.Probable cause is necessary in order to not just initiate a traffic stop and investigation, but it is needed to support the demand for a blood test. In this Tennessee case, the defendant reportedly passed six field sobriety tests that he performed. Even though he passed, police collected a blood sample.
The Tennessee Supreme Court is to make the final decision after multiple lower courts have ruled that the blood test was unlawfully collected and, therefore, the defendant should never have been charged with DUI. Even if the blood test was incriminating, if that evidence wasn't collected according to proper legal standards, it is inadmissible.
Our Clarksville DUI defense team understands the daunting details about drunk driving cases in Tennessee. We know drivers' rights and fight to protect those rights when criminal charges threaten a person's future.
Source: The Associated Press, "TN Supreme Court agrees to hear field sobriety case," Sheila Burke, March 22, 2013
]]>Serving prison time is one thing, but the sex offender registry puts further limitations on men and women once they are released. Lawmakers will routinely try to add to the list of what registered sex offenders can and can't do. A family whose child was sexually abused has a special request for the man who was convicted of that crime.
]]> A now 65-year-old man was recently released from prison. He served time after pleading guilty to sexual assault of a child. Release, however, has not meant that the family has gotten over what happened, not that they will ever get over it. But is it reasonable that they are suing the offender and expecting him to buy their house from them?Upon release, the man is back in his old neighborhood, where he lived close to his victim. The family wants to get out of the area and sell their home but is having a hard time selling it. They blame the registered sex offender for that hardship; therefore, they are suing him for the $235,000 that the home is worth.
A judge is yet to rule on the matter. What do you think about this scenario? Should the offender be held accountable and have to assist the family in its desire to move out of their home?
The world really is set up against those charged with and certainly those convicted of sex crimes. Our Clarksville defense team helps people charged with sexual assault, child rape or other sexual offenses avoid conviction and the severe stigma of the legal situation.
Source: New York Daily News, "Pennsylvania family suing sex offender neighbor that assaulted daughter into buying their home," Lee Moran, March 18, 2013
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