Posted on August 22, 2024 in Criminal Defense

A criminal record can hang over you for many years after the crime you may have committed and after you have served your sentence. Certain charges can hang over you, staining your reputation for the rest of your life. If you were a troubled youth who has turned your life around, it can be upsetting to feel like you need to keep paying for the mistakes you made as a kid. Expungement can be a great way to turn the page and have a fresh start. If you have a juvenile criminal record, speak with a qualified Jefferson City, TN criminal defense lawyer about whether you might be entitled to expungement.

What is Expungement?

Expungement is when a criminal record is sealed or erased. It means that the record is removed from public access and it is as if it never happened. This legal process helps individuals move on from past mistakes and can improve their lives in many ways, including:

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 Posted on August 15, 2024 in Sex Crime Charges

As AI technology advances, its capabilities continue to develop. AI-generated imagery is making big waves in industries such as entertainment, marketing, and art. It has also spread to the porn industry, where images and videos can be manipulated to create realistic but fake explicit content. The state of Tennessee recently passed new legislation addressing AI-generated child pornography, and anyone convicted can face serious criminal charges. If you face accusations of creating pornographic content with the use of AI technology, speak with a knowledgeable Oak Ridge, TN criminal defense attorney to see how you can protect yourself legally.

What is the New Legislation?

First, the state addressed AI technology in a more general sense:

• It enacted a law requiring the governing boards of all public institutions of higher education, local boards of education, and governing bodies of public charter schools to adopt policies about how students, teachers, and staff can use AI for school-related purposes. 

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 Posted on August 09, 2024 in University of Tennessee Knoxville College Students

Political protests are a great way to make your voice heard and advocate for change. However, they can sometimes get out of hand. There could be a violent minority of protestors riling up the crowd and causing chaos, and police might start arresting people. Being arrested at a political protest can be a frightening and confusing experience, especially if you are a college student. If you are in this situation, speak with a skilled Farragut, TN criminal defense attorney who can help protect your rights and handle the legal process.

What Should I Do if I Get Arrested?

You are in college and starting to think about what will happen after you graduate. There is no reason for a display of free speech to ruin your future. As stressful as it might feel to be arrested, there are several things you can do to try to keep the situation from getting worse.

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 Posted on July 26, 2024 in Domestic Violence

Most Americans know about how the Second Amendment of the U.S. Constitution protects their right to bear arms. We are so sure of this right that we might even take it for granted at times, assuming it will always be protected by law. But did you know that federal law imposes weapons restrictions on anyone subject to restraining orders? If someone accuses you of violent behavior and you are issued an order of protection, speak with a qualified Knoxville, TN criminal defense attorney to understand what it means for your right to own your gun.

What Does Federal Law Say?

Under the Violence Against Women Act and amendments that followed, anyone subject to certain types of restraining orders is prohibited from possessing a gun. Two types of commonly issued restraining orders are:

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 Posted on July 19, 2024 in Sex Crime Charges

Age-of-consent issues can be complicated in Tennessee. While anyone younger than 18 is considered underage, and it is illegal for anyone of any age to have sexual relations with them, the law does address cases where both parties are close in age and have engaged consensually. If you think you might be facing statutory rape charges, speak with a skilled Rutledge, TN criminal defense attorney who can review your case and advise you on whether Romeo and Juliet laws might offer you protection.

What are Romeo and Juliet Laws?

The state of Tennessee has an entire set of laws dedicated to protecting victims of sexual crimes. Named for the famous ill-fated star-crossed lovers in William Shakespeare’s play, Romeo and Juliet laws describe exceptions to the rules that would otherwise result in charges of statutory rape. In Tennessee, these laws mitigate the penalties that could otherwise result when underage individuals engage in sexual activity, with the understanding that under certain conditions, the act is consensual rather than exploitative.

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 Posted on July 05, 2024 in Sex Crime Charges

The state of Tennessee recently joined Florida to become the second state in the U.S. to give prosecutors the option of seeking the death penalty for those convicted of child rape. This is despite the fact that the death penalty in Tennessee has been on hold since 2022 because of botched executions. Further, a Supreme Court ruling in 2008 (Kennedy vs. Louisiana) declared the death penalty a violation of the 8th  Amendment.

At that time, the Supreme Court found the death penalty to be cruel and unusual punishment when the crime itself did not involve murder. The new TN law went into effect July 1, 2024, even though the governor’s moratorium that placed a pause on state executions is still in place. The governor did not comment on how his moratorium on the death penalty could co-exist with the bill he just signed. Proponents of the new law believe it is justified under the theory that the death penalty will act as a deterrent to keep "would-be criminals" from committing reprehensible crimes.

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 Posted on June 19, 2024 in Criminal Defense

Tennessee has a rich history of protecting the Second Amendment rights of its citizens, allowing individuals to keep and bear arms with relatively permissive laws compared to other states. However, in recent years, the state legislature has enacted more stringent regulations to enhance public safety. If you are accused of a weapons offense, a Tennessee lawyer can help you understand the potential consequences and take immediate action to protect your rights.

It is Helpful to Understand Tennessee’s Weapon Laws

While the Second Amendment protects an individual’s right to bear arms, you must understand that this right is not absolute and is subject to state and local regulations. In Tennessee, the law prohibits individuals from possessing, manufacturing, transporting, repairing, or selling various types of weapons.

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 Posted on June 13, 2024 in Criminal Defense

As a college student in Tennessee, facing a fake ID charge can be a scary experience. You may be feeling overwhelmed and unsure of what to do next. Understanding the potential consequences and taking the necessary steps to protect your future is helpful. A Tennessee lawyer can guide you through the process and provide valuable insights on navigating this challenging situation.

What You Should Know About the Consequences

In Tennessee, using a fake ID is a serious offense, especially when it comes to purchasing alcohol. If you are caught presenting a false identification card to buy alcohol, you could face a Class A misdemeanor charge, which carries penalties of up to a fine, jail time, or both.

For drivers under the age of 18 who are convicted of presenting a fake ID to purchase alcohol, the consequences are even more severe. In addition to the criminal penalties, you will face mandatory suspension of your driving privileges and ability to obtain a license:

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 Posted on June 07, 2024 in Criminal Defense

As an inmate, you have the right to receive proper healthcare while in custody. Unfortunately, many inmates suffer needlessly because of inadequate medical care behind bars. If you or a loved one have experienced this injustice, you must understand your rights and take action. A Tennessee lawyer can help you stand up for yourself legally.

Your Constitutional Right to Medical Care

The U.S. Constitution guarantees prisoners the right to adequate medical treatment. The Eighth Amendment prohibits “cruel and unusual punishment,” which includes denying necessary healthcare to those in custody. Whether awaiting trial or serving a sentence, Tennessee jails and prisons must provide appropriate medical attention to address your health concerns.

Common Examples of Inadequate Care

Inadequate medical care in Tennessee jails can take many forms. Knowing the different ways this can happen is beneficial so you know exactly what you can include in your claim. Some examples can include:

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 Posted on May 28, 2024 in Traffic Violations

Traffic violations are common on Tennessee roadways, often resulting from mistakes drivers make behind the wheel. While some violations may seem minor, they can lead to serious consequences, including fines, points on driving records, and even license suspensions. If you find yourself with a traffic violation, a Tennessee lawyer may be able to help reduce or remove the fine from your record.

Speeding 

One of drivers' most frequent mistakes is exceeding the posted speed limit. In Tennessee, speeding is a serious offense that can result in fines and even license suspension. Many drivers underestimate the consequences of speeding, believing they can evade law enforcement or that a few extra miles per hour will not make a difference. However, speeding increases the risk of accidents and attracts the attention of police officers. To avoid speeding tickets, always be mindful of the posted speed limits and adjust your speed accordingly.

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