Posted on March 18, 2025 in DUI/DWI/BUI

Field sobriety testing is standard procedure during a DUI stop. While failing does give officers probable cause, it does not guarantee a DUI conviction. Other factors come into play, and the potential penalties can vary. If you recently failed a field sobriety test during a DUI traffic stop, a Tennessee criminal defense attorney may be able to help you combat the charges and question the validity of the test results.

Could Something Else Cause Me To Fail Field Sobriety Tests?

Drinking is not the only way to fail a field sobriety test. A full assessment of the circumstances could produce other factors that may have resulted in an unwelcome outcome:

• Your environment: Uneven surfaces, certain weather conditions, and bad lighting can all affect your ability to follow instructions perfectly.

• Health conditions: A physical disability or injury could impact your ability to maintain balance or follow test rules.

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 Posted on March 07, 2025 in Sex Crime Charges

Many college students accused of sexual misconduct find themselves facing disciplinary action from their university, often leading to suspension or expulsion. But being kicked out of school is not the same as being charged with a crime. If you have been accused of sexual assault at the University of Tennessee or another school, you may be wondering whether your case will also lead to criminal charges.

The short answer is that Title IX proceedings and criminal cases are completely separate, but the outcome of one can sometimes affect the other. If you are facing either a school investigation or a criminal investigation—or both—you need to understand your rights and how a Tennessee criminal defense attorney with experience in defending college students can help.

What Is Title IX?

Title IX is a federal law that prohibits sex discrimination in education. Over the years, it has been used to address allegations of sexual assault and harassment on college campuses. Schools are required to investigate claims of sexual misconduct and take action when they believe a student has violated university policies.

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 Posted on February 27, 2025 in Criminal Defense

You went out with your friends, had a few drinks, and now you are facing an underage drinking charge. Maybe you got caught at a University of Tennessee party, or maybe the cops pulled you over with beer in the car. Either way, now you are wondering just how serious underage drinking is. Can you get expelled from college? A permanent record? A call to your parents that you really do not want to make?

You have your whole life in front of you. Starting it off with a criminal record is not optimal, to say the least. If this happens to you, call our Tennessee criminal defense attorney for discreet, nonjudgmental help in figuring out this situation.

What Are the Penalties for Underage Drinking in Tennessee?

Tennessee takes underage drinking seriously. If you are under 21 and caught drinking, you can be charged with Underage Possession or Consumption of Alcohol. This is a Class A misdemeanor, which is the most serious type of misdemeanor in the state. It carries a fine of up to $2,500 in addition to other penalties, like community service or substance counseling. If you used a fake ID to buy alcohol, that is a separate charge. That can lead to additional fines, license suspension, and even more legal trouble.

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 Posted on February 17, 2025 in Assault

If you or someone you know is facing battery charges in Tennessee, you might be feeling overwhelmed and unsure about what happens next. Battery is technically called "assault" in Tennessee and is grouped in with other assaultive crimes. However, acts understood to be battery specifically involve physical contact and are considered serious crimes with consequences that can have a lasting impact on your future.

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 Posted on February 06, 2025 in Criminal Defense

Probation is a second chance for people convicted of a crime to serve their sentence outside of jail or prison. However, probation comes with strict conditions that must be followed. Violating these conditions can have serious consequences, including the possibility of going to jail. If you are accused of violating probation, a Tennessee criminal defense attorney can help you fight the charges and work to keep you out of jail.

How Does Probation Work in Tennessee?

When a court grants probation, it allows a person to serve their sentence under supervision instead of being in jail. The court sets specific rules that must be followed, such as meeting with a probation officer, staying employed, avoiding further legal trouble, and completing community service or treatment programs.

There are two main types of probation in Tennessee: supervised and unsupervised. Supervised probation requires regular check-ins with a probation officer, while unsupervised probation does not. Regardless of the type, failing to follow probation rules can lead to serious legal trouble.

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 Posted on January 30, 2025 in Civil Rights

One of the topics that has caused an enormous amount of both intense conversation and intense disagreement in recent years is that of police brutality. We trust policemen and women to serve and protect, but too often, they harass, abuse, and even kill the very people they are supposed to help. 

When this happens, one of the most common lines of discussion deals with the nature of a police officer’s job and whether a case of alleged police brutality was, in fact, just an extreme manifestation of how difficult it can be for an officer to make split-second decisions in tense, dangerous situations. Who can answer difficult questions about an officer’s conduct when eyewitnesses, forensic evidence, and even video recordings may disagree about what happened? 

This is where expert witnesses come in. Although expert witnesses play an important role in many different areas of law, their role is not always well known when it comes to cases of police misconduct. At The Baker Law Firm, we have William Harmening, a renowned expert in police use-of-force cases, on our team. Learn more about what an expert witness may do in cases of police misconduct and then contact a Tennessee civil rights lawyer if you believe you have been a victim of police violence. 

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 Posted on January 20, 2025 in Criminal Defense

A felony conviction is one of the most serious outcomes you can face in the criminal justice system. In Tennessee, felonies carry severe penalties, including long prison sentences and hefty fines. Beyond the immediate legal consequences, a felony conviction can also affect nearly every aspect of your life, from your job to your reputation.

If you are being prosecuted for a felony charge, you need to understand the consequences you face and build a strong defense. An experienced Tennessee criminal defense attorney can fight to protect your rights and work toward the best possible outcome in your case.

Penalties for a Felony Conviction in Tennessee

Tennessee classifies felonies into five categories: Class A, B, C, D, and E. The penalties vary depending on the classification of the felony, with Class A being the most severe and Class E being the least. Here is a breakdown:

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 Posted on January 08, 2025 in Assault

Facing charges for assaulting a police officer in Tennessee is a serious matter with serious legal consequences. If you are accused of assaulting a police officer, you need the help of a Tennessee criminal defense lawyer - even if you never put your hands on a cop. 

What Is Considered Assault Under Tennessee Law?

In 2020, Tennessee updated its laws to combine the definitions of assault and battery. Assault now covers physical harm to or offensive contact with another person, as well as threatening to cause harm. 

Punishments for assaulting a police officer are more severe than for a normal person, and just making a threat can be enough to put you in jail for long enough to lose your job, your reputation, and your relationships.  

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 Posted on December 31, 2024 in Criminal Defense

In Tennessee, "domestic violence" and "domestic assault" are two terms that sound similar but mean different things under the law. If you or someone you know is facing these kinds of charges, it is important to know the difference and what they involve. A Tennessee criminal defense lawyer can help explain your options and fight for your rights.

What Is Domestic Violence?

Domestic violence is a general term used to describe harmful actions toward someone in your family or household. It is not a specific crime but refers to things like hitting, threatening, or harassing someone. These actions count as domestic violence if they involve people with certain relationships, such as:

• Current or former spouses (people who are married or used to be married).

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 Posted on December 23, 2024 in Sex Crime Charges

Rape is one of the most serious criminal charges a person can face in Tennessee. Convictions carry severe penalties and life-changing consequences. Understanding what you are up against if you are charged with rape is essential for those accused of this crime and their families. An experienced Tennessee sex crimes defense attorney can help protect your rights and build a strong defense if you are facing allegations of rape or sexual assault.

What is the Legal Definition of Rape in Tennessee?

Under Tennessee law, rape is defined as unlawful sexual penetration of a victim when certain conditions apply, such as:

• The victim did not give consent.

• Force or coercion was used.

• The victim was mentally incapacitated or physically helpless.

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