Posted on December 04, 2024 in Drug Crimes

Marijuana laws in Tennessee are some of the strictest in the country. Unlike states that have decriminalized or legalized marijuana, Tennessee continues to impose significant penalties for possessing, selling, or cultivating weed.

Whether you go to jail for marijuana-related crimes depends on the amount involved, what you were trying to do with it, and whether you have a prior criminal history. If you are facing marijuana charges, an experienced Knoxville, TN criminal defense attorney can help you understand your rights and give you the best chance of staying out of jail.

Possession of Marijuana in Tennessee

Simple possession, which refers to having a small amount of marijuana for personal use, is one of the least severe marijuana-related offenses in Tennessee. However, it is still considered a criminal charge.

Continue Reading ››

 Posted on November 25, 2024 in Traffic Violations

A commercial driver’s license (CDL) comes with major responsibility. The law holds CDL drivers to higher standards, reflecting the trust that other motorists place in them. As a result of this higher trust, certain traffic violations are penalized more heavily for CDL drivers than civilian drivers.

Some of these traffic violations are serious, coming with unexpected consequences for your license if violated. Any consequence for your CDL is a threat to your gainful employment and should be taken seriously. A Tennessee traffic defense attorney at The Baker Law Firm can see that your best interests are defended in court, protecting your livelihood to the fullest extent of the law.

Serious and Major Violations

The state of Tennessee places CDL violations into two categories: "serious" and "major." It is worth knowing the difference between what constitutes a serious or major CDL violation, or even which one is worse. The former category – serious violations – covers lesser offenses like speeding, tailgating, or swerving between lanes. A first-time conviction of a serious offense might not have any immediate consequences for your CDL, but for a second conviction within three years, your CDL could be suspended for 60 days. Major offenses cover more dangerous acts behind the wheel, like driving under the influence or fleeing the scene of an accident. A conviction of this charge, even on a first-time offense, will lead to the one-year suspension of your CDL.

Continue Reading ››

 Posted on November 18, 2024 in Guns & Weapons Charges

Tennessee has a rich history of gun ownership and its citizens have enjoyed relatively permissive laws regarding the right to bear arms. However, you could be blindsided by a weapons violation charge, even if you were a responsible gun owner otherwise. The charge of unlawful possession of a firearm can saddle you with misdemeanor or even felony charges, with serious fines and prison time being a real possibility. A Tennessee criminal defense attorney at The Baker Law Firm can advocate for your rights in court, making sure that nothing is overlooked while making a case for your defense.

The Right to Bear Arms

The Second Amendment protects the rights of American citizens to "keep and bear arms" for their own security. Tennessee’s interpretation of the Second Amendment allows for citizens over 21 (or over 18 in certain circumstances) to carry a loaded handgun without a permit, concealed or not. This only applies to handguns, however, not rifles or shotguns. Even though a permit is not strictly required for handgun ownership in Tennessee, some authorities recommend that you apply for a permit anyway, as it allows you more flexibility and defense against weapons violation charges.

Continue Reading ››

 Posted on November 08, 2024 in Criminal Defense

A criminal record is a heavy burden to carry. You may just be trying to move on with your life, but even if you have resolved to live a clean life after dealing with the consequences of your conviction, you can still face serious prejudice in housing, employment, and your personal life.

Getting an expungement can afford you some closure and privacy, but before applying, you should know the regulations around clearing your criminal record in the state. A Tennessee criminal defense attorney at The Baker Law Firm can walk you through the process of expungement, keeping you in the loop throughout complex legal proceedings and advocating for your rights.

What Does Expungement Do?

Expungement can significantly rehabilitate your reputation because it can completely erase your crime from the public record and all official sources. It essentially offers you a fresh start. However, you may end up waiting a long time before you can apply for expungement, at least five years since you served your sentence.

Continue Reading ››

 Posted on October 31, 2024 in Civil Rights

Asset forfeiture is a legal process that allows law enforcement to seize property connected to criminal activity. While it is meant to fight drug trafficking and other serious crimes, forfeiture often leads to police taking people’s stuff unfairly, especially if the property owner is not convicted of a crime. 

In Tennessee, asset forfeiture laws can impact people’s finances, vehicles, and other valuable assets, so understanding when forfeiture is legal and how to fight it is crucial. If your property has been seized, a top-notch Tennessee criminal defense and civil rights attorney can help you fight to reclaim it.

When Can Property Be Legally Forfeited in Tennessee?

Under Tennessee law, property can be forfeited if it is believed to be connected to criminal activity, most commonly in cases involving drug offenses. Property that may be seized includes:

Continue Reading ››

 Posted on October 21, 2024 in Criminal Defense

A fun night out in Knoxville can quickly turn sour if you find yourself facing a public intoxication charge. Whether it was a little too much fun on Market Square or some ill-timed antics after a UT game, it is important to understand what public intoxication charges mean in Tennessee, what the potential consequences are, and how an experienced criminal defense attorney can help you fight the charges.

What Counts as Public Intoxication in Tennessee?

In Tennessee, public intoxication is defined under Tennessee Code 39-17-310. Essentially, it is illegal to be drunk or under the influence of drugs in a public place if you are:

Continue Reading ››

 Posted on October 14, 2024 in Criminal Defense

We trust police officers to protect us in our everyday lives. We give them the authority to use force in a just and reasonable manner, and when we call 911, we expect that the people who arrive on scene are there to help. Unfortunately, the trust we place in them can sometimes be abused, and people find themselves victimized by officers of the law.

Speaking up for your civil rights can feel like a losing battle on your own. The Baker Law Firm is here to fight alongside you as legal advocates who will not be intimidated in the face of law enforcement misconduct. Our Knoxville, TN civil rights attorneys provide passionate representation, as we work towards a just settlement for your physical and emotional damages.

What Qualifies as Misconduct?

Police misconduct can take different forms other than excessive force; it also includes incidents that occur while you are in the custody of the police. For instance, police misconduct covers abuse at the hands of another inmate in detention, or the failure of the police to provide you with medical care in jail. Other abuses of power include blackmail, wrongful arrests, and unlawful search and seizure. If you can prove that you suffered physical or emotional damages from the event, you may be entitled to financial compensation.

Certain cases of police misconduct have garnered media attention and seen serious victories for the victims and their families. In 2016, the family of Sandra Bland won a wrongful death suit for $1.9 million, and in 2021, the city of Chattanooga paid out $550,000 to a survivor of sexual assault by a police officer. At the worst of times, police officers can seem above the law, and going against them in court can be intimidating. However, a civil rights attorney can bring these injustices to light and bring you closure to these traumatic abuses of power.

Continue Reading ››

 Posted on September 26, 2024 in Criminal Defense

Senate Bill 2304, sponsored by Gardenhire, Rose, and Walley, went into effect July 1, 2024. The bill places those who fail to appear in court for a bench warrant on a federal fugitive database if they were charged with a felony or a Class A or B misdemeanor that is violent or sexual in nature. The individual will be placed on that federal database within 10 days of failing to appear in court for one of these offenses.

If you find yourself placed on the federal fugitive database, it is important that you speak to a knowledgeable criminal defense attorney as quickly as possible. When you choose a Knoxville, TN criminal defense attorney from The Baker Law Firm, you have taken an important first step toward protecting your future. You can find out more below about how to be removed from the federal fugitive database after a failure to appear.

Continue Reading ››

 Posted on September 18, 2024 in University of Tennessee Knoxville College Students

Going off to college is an exciting time of adventure and learning about the world. However, as college students try to spread their wings and experiment with new things, there is one new experience they would probably rather avoid: getting arrested for the first time. When a college student faces charges, what happens next depends on several factors. Since it is often the first time people are exposed to alcohol with potentially high frequency, many college students in Tennessee get arrested for things like underage drinking and public intoxication, which are considered relatively minor offenses.

If, however, your arrest is for something more serious, the consequences can be severe, not only for your criminal record but also for your education. If you are a college student facing charges, contact a Rutledge, TN criminal defense attorney for guidance.

Continue Reading ››

 Posted on September 09, 2024 in Drug Crimes

Tennessee has the privilege of being home to many national parks. Local residents and visitors from out-of-state enjoy coming to the parks to experience the grandeur of America’s great outdoors. However, they bring up interesting questions about jurisdiction; they are under the responsibility of the federal National Park Service, even though they are located inside the state of Tennessee. 

If you are caught with marijuana or any other substance that is federally illegal while you are inside a national park, you could face federal drug charges. If you were charged with possession of illegal drugs while inside a national park, speak with an experienced Blount County, TN criminal defense lawyer to understand your options.

Continue Reading ››