531 Main Street, Suite 7, Jacksboro, TN 37757
Facebook Twitter LinkedIn

Call for a Free Consultation | We are Available 24/7

Call Us423-449-7980

We are Available 24/7
Subscribe to this list via RSS Blog posts tagged in Jacksboro criminal defense lawyer

Campbell County criminal defense attorney

Whether you are pulled over, arrested, and taken into custody for a DUI or some other crime, you will want to know about the Miranda Warning. It is a key component of a police officer’s proper custodial procedures and must be followed in the correct sequence and responded to with the appropriate measures in order to ensure your Fifth Amendment rights are not violated. In addition, if you pay close attention to the Miranda Warning for your case, you might be able to help your criminal defense lawyer build on his or her strategy in defending you. 

What Is the Miranda Warning?

The Miranda Warning is a statement that arresting officers must read to you if they take you into custody and intend on questioning you. It reads as follows:

...

Campbell County criminal defense attorney BUI

Toward the beginning of 2020, Tennessee legislators introduced a bill that would work to align penalties between boating under the influence (BUI) and driving under the influence (DUI). It is probably good timing too because, after a sharp decline in boating-related deaths in 2019, 2020 saw the highest amount of boating-related deaths in nearly four decades for Tennessee. While it is true that some of these deaths could have been prevented with the proper safety measures being taken, many of them might have been caused by BUI. If this bill passes to align BUI penalties with DUI penalties, then both crimes would lead to equally severe punishments, making representation for a BUI arrest even more critical. Here is an update on the bill’s movement in the state legislature so you know what to expect this year.

Latest News on the New BUI Bill in Tennessee

The bill is the BUI Bill, HB0679, SB0246, and it explicitly states in its original form that it aims to mirror the penalties associated with DUI in Tennessee with those for BUI, meaning in the eyes of the law, both crimes will be considered equal in terms of the seriousness of crime and severity of punishment.

...

Campbell County criminal defense attorney

It is true that misdemeanors are not as serious, carrying with them less severe penalties, than felonies. With such a major difference between these two types of general criminal classifications, it might be worth considering the differences between misdemeanor court and felony court in Tennessee. While these two courts serve slightly different purposes, the overall courtroom experience for both is entirely different in terms of procedures, as evidenced by their respective definitions and processes. 

Misdemeanor Court, Explained

Misdemeanor court is also referred to as general sessions court. During these proceedings, you as the alleged perpetrator of the crime are given the following choices in court:

...

Campbell County criminal defense attorney DUI

If you are ever arrested for driving under the influence (DUI), you need to realize that in Tennessee, a DUI is a very serious criminal offense and not just a minor traffic violation. If you do not realize this, you are not alone—nearly half of Americans across the nation do not consider DUI or DWI charges a criminal charge with criminal consequences under most circumstances. 

This could be for many reasons, one of which is the fact that every state has its own laws about drunk driving—Wisconsin for one has first-time DUI offenses punishable as traffic violations while subsequent DUI charges are considered criminal. In New Jersey, all DUIs are treated as traffic offenses. Even in New York, the law is a bit more lenient with regards to what is considered criminal concerning DUIs--first-offense DUI and second-offense DUI charges are viewed as traffic infractions while third-time DUI introduces criminality into the charges.

...

Campbell County criminal defense attorney DUI

As you may already know, in Tennessee, DUI is so serious that being convicted of it, even for the first time, can result in severe consequences, including jail time, fines, and revocation of your license. Indeed, not even a first-time DUI is considered a small offense in Tennessee. What is more, if you are pulled over for reasons other than drunk-driving and the officer discovers that you are also drunk, you could be faced with compounded charges in which you must defend against more than one offense. This is why probable cause can make or break a DUI case, and really, any criminal defense case for that matter.

What Is Probable Cause to Pull You Over in Tennessee?

Over the years, “probable cause” has become more loosely interpreted in the higher courts, both at the national and state levels. For instance, in Tennessee, pulling someone over even for the slightest presumption of guilt for breaking minor traffic laws is enough probable cause. After that, the police might perceive other things about your person or your property that leads them to suspect other more serious offenses. Like dominoes, the charges could pile up, and you might find yourself dealing with multiple charges, some of which could result from searches of your car or your property that you might have given consent for without even knowing it. 

...

Campbell County criminal law attorney DUI

A first-time DUI (driving under the influence) is a very serious charge even though it is the first offense. Tennessee takes all DUI very seriously; therefore, even first-time DUI carries with it severe consequences, some on par with other similar charges of higher degrees. However, the judicial system can be somewhat forgiving, especially if you have a talented, knowledgeable, and experienced criminal defense lawyer by your side. First, you must realize the consequences, then you can consider what to do if charged so that this never happens again.

Consequences of First-Time DUI in Tennessee

While it might only be your first time receiving a DUI charge, if convicted, you could face relatively severe penalties, including the following punishments:

...

Campbell County criminal defense attorney DUI

The holidays are here, and even with the pandemic still surging throughout Tennessee and the country, for that matter, there is still an increased likelihood of drunk driving on the roads. This means that the police in Tennessee will be more vigilant about stopping drivers for a wide variety of traffic violations but, most importantly and notably, they are going to be especially focused on pulling people over for DUI. With that in mind, here is a refresher on some tips for what to do should you be pulled over this holiday for DUI to avoid any criminal charges. 

Your Actions During a Traffic Stop Matter

There are several things you could do if pulled over for DUI this holiday that are common sense, but there are other steps to take that you might not even think about doing. Whatever the case might be, here are some tips for what to do if you are pulled over for DUI this holiday:

...

Campbell County criminal defense attorney DUI

Whether it be for driving under the influence (DUI), boating under the influence (BUI), or any other criminal defense case, representing yourself is rarely, if ever, a good idea. The qualified guidance and representation of a professional DUI attorney is a much better idea here in Tennessee if you are looking for the least difficult legal process and the most advantageous outcome. Below are the reasons why it is a good idea to avoid representing yourself in a DUI case.

Why Representing Yourself in a DUI Case Is a Bad Idea

In general, representing your own defense in just about any criminal case is a bad idea, but it is an especially negative prospect in consideration of what is required with a DUI case. Here are five reasons you should not represent yourself when facing DUI charges in Tennessee:

...

Campbell County criminal defense attorney BUI

While there are many similarities between the penalties for driving under the influence (DUI) and boating under the influence (BUI) according to Tennessee law. While many of these are nearly equal in degrees of severity depending on the offense, there are some minor, subtle differences between the ways that they are penalized. Depending on the details of your case, you might be able to be absolved of the charges or, at the least, receive the lesser of the penalties being considered for that offense. Here are a summary and a comparison of the penalties for DUI and BUI so that you know what to expect if you are charged with any of them in Tennessee.

Tennessee Punishments for DUI and BUI Offenses

Make no mistake: Tennessee authorities will charge you severely for any crimes committed due to drunkenness above the blood alcohol content (BAC) limit, especially when it involves the operation of any type of motorized vehicle. In the cases of driving trucks or cars versus steering boats, the dangers are no less serious. That is why the penalties are severe for both, but there are some minor differences:

...
Lead Councel TACDL Elite Lawyer Top 40 Under 40 Tennessee Trial Lawyers Association National College of DUI Defense Member DWI Detection Certificate
Back to Top