Practice Areas

This content is provided for informational purposes only and should not be construed as legal advice on any subject matter. We have tried to provide accurate and lawful information; however, there may be inadvertent inaccuracies or errors, for which we apologize.

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DUI and Traffic

Excerpt: It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises that is generally frequented by the public at large, while:

  1. Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or
  2. The alcohol concentration in the person’s blood or breath is eight-hundredths of one percent (.08 %) or more.

Drug Crimes

It is a crime in Tennessee for a person to knowingly manufacture a controlled substance; deliver a controlled substance; sell a controlled substance; or possess a controlled substance with intent to manufacture, deliver or sell such controlled substance. Controlled substances are classified according to their potential for abuse, utility in medical treatment, and potential for dependency. Penalties vary by classification.

Theft

Theft offenses methods include: embezzlement, false pretense, fraudulent conversion, larceny, receiving or concealing stolen property, and other similar offenses.

Theft of Property:

A person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner’s effective consent.

Theft of Services:

  1. Intentionally obtains services by deception, fraud, coercion, false pretense or any other means to avoid payment for the services;
  2. Having control over the disposition of services to others, knowingly diverts those services to the person’s own benefit or to the benefit of another not entitled thereto; or
  3. Knowingly absconds from establishments where compensation for services is ordinarily paid immediately upon the rendering of them, including, but not limited to, hotels, motels and restaurants, without payment or a bona fide offer to pay.

Violent Crimes

A violent crime is one in which a perpetrator uses or threatens to use force upon a victim. This entails both crimes in which the violent act is the objective, as well as crimes in which violence is the means to an end.

Other Crimes

Tennessee Code Title 39 defines a number of offenses which a person may be charged. Additionally, a violation of local ordinances may constitute a criminal charge. Finally, a violation of the federal code or federal regulations may lead to criminal charges.

Probation Violation

 If a trial judge finds that the defendant has violated the conditions of probation and suspension by a preponderance of the evidence, the trial judge shall have the right by order duly entered upon the minutes of the court to revoke the probation and suspension of sentence, and:

  1. Cause the defendant to commence the execution of the judgment as originally entered, or otherwise in accordance with § 40-35-310; or
  2. Resentence the defendant for the remainder of the unexpired term to any community-based alternative to incarceration authorized by chapter 36 of this title; provided, that the violation of probation and suspension is a technical one and does not involve the commission of a new offense.

If the trial judge does revoke the defendant’s probation and suspension, the defendant has the right to appeal.

Asset Forfeiture

Law enforcement agencies may seize property consisting of vehicles, money, real property, and other miscellaneous property. Property may be seized for possession of narcotics, illegal or prescription. Vehicles may be seized for driving on a driver’s license which has been revoked for driving under the influence (DUI) and for driving under the influence (DUI) for a second or subsequent time. Both DUI charges must have occurred within five (5) years of each other. The seizing agency then sends the paperwork to the Legal Division of the Tennessee Department of Safety and Homeland Security to process since authority has been given to the Commissioner of the Department for the disposition of the seized property.

Appeals

An appeal is the process in which cases are reviewed to change an previous decision. Appeals function as a process for error correction or a process of clarifying and interpreting law.

Post-Conviction

Post-conviction relief is related to appeals of criminal convictions, which may include release, new trial, modification of sentence, and such other relief as may be proper and just. The court may also make supplementary orders to the relief granted, concerning such matters as rearraignment, retrial, custody and release on security.

Student Disciplinary Proceedings

When students are accused of criminal violations or violations of a student code of conduct, institutional disciplinary proceedings often follow. Procedures often mirror the criminal justice system. It is important to know the rules, your rights, and develop a strategy to protect your standing with the institution.

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