DUI Reduced to Reckless Driving in Sumner County
June 17, 2009 | Leave a Comment
State v. J.H., June 17, 2009, General Sessions Court in Sumner County, Tennessee
Client was arrested for driving slowly and straddling the line of two lanes on I-65 near Hendersonville, Tennessee. The officer noted in the arrest warrant that his speech was slurred and his eyes appeared blood shot. As I always advise, my client refused the breath alcohol test, but did perform somewhat poorly on the field sobriety tests.
At court, negotiations began, and it was agreed that a plea deal could be in order if my client would submit to a drug screen. He did, and the results came back negative. Client pleaded guilty to the amended charge of Reckless Driving.
If you have been charged with a DUI in Sumner County or elsewhere in Tennessee, please contact me immediately. Your rights can only be defended with a competent and experienced lawyer by your side.
Class C Felony Dismissed at General Sessions
June 17, 2009 | Leave a Comment
State v. K.W., June 17, 2009 - Felony Jail Docket, Davidson County, Tennessee
My client was accusing of facilitating the sale of crack cocaine, which constitutes a Class C felony, carrying up to 15 years of prison time. At the preliminary hearing, testimony was offered by the undercover detective that he had picked up a known prostitute, who then pointed to my client who got into the car. The undercover detective said he wanted a “20″, which is street slang for $20 worth of crack. My client made several phone calls, but never talked to anyone. Instead. the detective pulled into a known drug infested motel and bought a 20 from another individual.
The signal was given, and police took down all three individuals. However, my client never made contact with the individual who sold the crack to the undercover detective. I argued successfully that no crime was committed - that the concept of an “attempted facilitation”, as argued by the state, was an uncognizable crime (one cannot attempt to substantially assist in something that did not happen), and that my client could not have substantially assisted if he never talked to the buyer or pointed the detective in the direction of the motel, which he did not.
After argument, the judge dismissed the charge against my client. He was freed later that afternoon.
If you have been charged with a drug crime in Davidson County / Metropolitan Nashville, or elsewhere in Tennessee, please contact me immediately. Your rights can only be defended with a competent and experienced lawyer by your side.
Metro Nashville General Sessions Criminal Clerk Going Paperless
April 23, 2009 | Leave a Comment
I had the pleasure of attending a meeting today regarding the efforts of Metro Nashville’s general sessions court clerk’s criminal division to go paperless (for those not from Tennessee or familiar with the Tennessee justice system, the general sessions court is the lowest level court, and thus handles the most case volume).
It appears we are just a few months away from more case and defendant specific information to be made available online. This is advantageous for everyone, whether a curious citizen or an attorney. Right now, the clerk’s website (found at ccc.nashville.gov) offers some bare bones information about cases. This is about to increase, to include subpoena information, witness information and so forth, for every charged crime but domestic violence - I for one cannot see the logic there as a public record is a public record, but Metro’s legal department for some reason has requested that d.v. cases not be put on the web (typically, the defendant knows the victim is pressing charges, so I don’t quite see the relevance to that request, but they didn’t ask me). Basically, if you go to the clerk’s office and click on the summary option, that is what is going to be made available online. Additionally, any case an attorney is associated with will be attached to their bar number (it already is, but you have to check it manually). One will be able to sign up to receive scheduled case appearances on a weekly basis by email. This should help decrease defendant failures to appear as attorneys will be better positioned to update their clients as to upcoming appearance dates, something bonding companies don’t always do well. This will help speed up the judicial process.
There is also a target date of January, 2011 to implement general sessions criminal e-filing. What they are envisioning is actually more powerful than the federal e-filing system PACER. In criminal practice, there are many recurring motions (petitions to suspend sentence, motions to reduce bond, motion to waive costs, etc.). Templates with customizable fields are going to be used, and registered parties (meaning co-defendant counsel and assigned assistant district attorneys) will be noticed in a similar fashion to PACER. The clerk will then respond within minutes with the scheduled hearing date and time. There will also be options to file fully customizable motions.
Because of the certainty of pro se defendants, paper filings will still be allowed, but since most of the paper processed by the clerk’s office comes from either the district attorney or the public defender, the efficiencies will be massive.
Closer on the horizon is that court proceedings themselves will be paperless. The plan is to install signature pads in the court rooms, and a secured signature apparatus for judges to use. Defendants would view the document they are signing and sign at the podium as they do now, but the signature will be electronically captured and saved. Judges would affirm their signature for all court actions by the secure push of a button. This will be rolled out as testing is completed.
The trial courts are not yet included in the plans due to some constitutional considerations - general sessions is not a court of record, so more can be done faster there, and easier, so that any bugs can be adequately addressed prior to the implementation of a trial level system. Eventually, all existing documents will be scanned and made available, but we are a far way away from that.
Implementation of the paperless clerk’s office is very much in the customizable stages. If you have suggestions, please feel free to email me at nathan-at-mooredefenselaw-dot-com and I will pass them on.
DUI Arrest, What Should I Do?
March 7, 2009 | Leave a Comment
If you are pulled over for a potential DUI, there are some things you should certainly remember.
- Be courteous to the officer. Remember, he is just doing his job. The more pleasant you are, the more pleasant a potential unpleasant experience will be.
- Keep communication to a minimum. Answer questions directly and clearly. If you have been drinking, there is no requirement that you go into detail about how many drinks you have had or where you have been. Being respectful and direct does not require that one become gabby and endanger one’s defense. Any statements you make can be used against you.
- Refuse any field sobriety tests. If the officer asks you to exit the car, politely refuse to do any field sobriety tests. This includes counting, saying the alphabet backwards, standing on one leg, walking a straight line, following the finger, or touching one’s finger to one’s nose. Passing these tests sober can be difficult for many people in the best of conditions. Nothing good can come of participating in any of these tests. Keep your focus on your defense, not the prospect of whether or not you are going to be arrested. Bail is typically minimal for a DUI arrest, so you will be able to get out fairly quickly if an arrest is made.
- Refuse any blood alcohol tests. Do not consent to a breathalyzer or blood alcohol test. Even if you feel fine, sometimes the tests over register, and if you drink alcohol regularly, you may not feel intoxicated even though you are over the legal limit. The reason that police ask you to take these tests is to obtain evidence against you for prosecution. Politely decline. You will lose your license for a year, but that will happen anyway if you are convicted of a DUI (along with a lot of other nasty things). We can always help you get a restricted license.
- Call us and secure represenation. If you do all the above (and especially if you did not), a good defense is the next step. We represent DUI clients of all types and have successfully represented over one thousand criminal clients. Use the contact form below, or give us a call anytime at 615.346.2213.
Chandra Levy’s Killer Isn’t Gary Condit, Enter Ingmar
February 21, 2009 | Leave a Comment
According to recent reports, the DC police have fingered someone more apropos for the crime
Law enforcement officials said an arrest warrant will be issued for Ingmar Guandique, who is currently in prison in California.
Officials said Guandique will be served papers there and likely then flown to Washington, D.C., to hear the charges against him.
D.C. authorities submitted evidence to the U.S. Attorney’s office to obtain the arrest warrant.
Guandique is reportedly in jail for assaulting two women in Rock Creek Park, the same park where Levy’s remains were found a year after she vanished, according to WRC-TV in Washington.
There have been no comments from Condit as of yet. Remember, he was a prime suspect, but not any longer. It seems that one of the most sensational cold cases in Washington, DC history may be coming to an end, and soon.
Recent Successes: Potential 2nd DUI Reduced to Reckless Driving
February 20, 2009 | Leave a Comment
State v. M.M., February 17, 2009
Charges: DUI 2nd, Driving on a Suspended License, Failure to Submit to Breath Test
On December 15, 2008, M.M. was pulled over for speeding - going 110 mph in a 70 mph zone. Officers reported he was unsteady on his feet, smelled of an alcoholic beverage, and could not perform any FSTs (field sobriety tests).
After intense negotiations with the prosecution, a plea agreement was reached that allowed M.M. to plead guilty to reckless driving and violation of the implied consent law. He is to serve 6 months on probation and do 24 hours community service. The DUI 2nd was dropped, as well was the Driving on a Suspended License charge.
Needless to say, M.M. was pleased with the outcome.
Interlocks for All?
December 29, 2008 | Leave a Comment
There is a neo-prohibitionist movement afoot in America, and its ultimate goal is the implementation of interlock alcohol detection devices in every new car produced in the United States under the innocuous guise of DADSS (the Driver Alcohol Detection System for Safety). Under the standards that would have to be implemented for national distribution, the devices would have to be set at at BAC of 0.3, well below any level of impairment, and at a level that prohibits driving that would be safer than that of the average cell phone user or sleep deprived operator (learn more about the efforts to install interlock devices in every vehicle here here).
If anything, this sort of requirement will result in a bona fide boom in the used car market.
In no way should anyone think that I condone drunk driving, and if you are convicted of drunken driving in Tennessee, many judges now require you to install an interlock device on your personal vehicle. However, I do understand that not all people arrested for DUI are actually impaired. In fact, many are not, and I enjoy defending them.
If you are charged with a DUI, it is vital to get a good criminal defense lawyer on your side. If you or someone you know has been charged with a crime, contact us today. Learn more about our DUI defense here and read about one of our recent successes here.
It’s Never Too Long . . .
December 26, 2008 | Leave a Comment
Keep in mind, there are some crimes where the statute of limitations never runs. Among these is murder
Edward McGee, 61, pleaded guilty to second-degree murder in the death of Deborah Ray and was sentenced to 20 years in prison by Judge Robert Crigler. McGee entered the plea on Monday.
McGee has already served more than 40 years for the slaying of 8-year-old Phyllis Seibers, Deborah’s cousin, on the same December day in 1966 that Deborah was killed. He never stood trial for Deborah’s death.
The reason is that some crimes are so serious that the need for punishment outweighs the concerns remedied by a limited time for the state to bring the action. Statutes of limitation exist primarily for the benefit of the accused. Over time, witnesses become unavailable through relocation or death, and memories fade. Both of these natural progressions affect the defendant’s right to a fair trial. In Tennessee, as in most states, the legislature has decided that society’s interests in prosecuting the taking of a life outweighs the need to limit the state’s ability to prosecute.
If you have committed a crime, or know there is a warrant pending against you, it will never go away. You need legal represenation and advice now. It is much easier to discuss your defense now, without the immediate pressures of incarceration, then some time later when the police ram through your door and arrest you, ensuring a higher bail than you might otherwise have received for peaceabley turning yourself in.
In short, if you know the police are looking for you, contact us today.
Legal Obligations When Questioned By the Police
November 22, 2008 | Leave a Comment
I had this come up with someone who approached me asking advice a couple days ago. There was an ongoing investigation into a theft. He was a paramedic who responded to a distress call at a residence. He duly noted, as required by the procedure manual, that there were no additional belongings with the individual who was transported.
A few days later, a report was made by the helped individual that a two karat diamond ring was missing. The police began to question everyone, including the paramedic, who told them what happened. A couple weeks later, he was approached by the police again. They told him the investigation had “stalled”, and requested that he come in for additional questioning and a polygraph test. He wanted to know what to do.
To start, you are under no obligation to talk to the police. An investigation can only stall for one reason - there is not enough evidence to continue. In this case, we knew only that 1) a ring may or may not have been stolen, and 2) if it was stolen, no one knows who did it. All the DA needs is probable cause to begin a criminal prosecution. Failing a polygraph (whether you are guilty or not) or looking nervous in an interview is sufficient for a prosecutor to move forward with a prosecution under the above facts. It may not result in a conviction, but that’s not the point.
Defending a criminal prosecution is stressful and expensive. Avoiding it is always the best option. Usually when the police want to talk to you, it is isn’t about making sure you are innocent.
Why Everyone Deserves a Defense
October 21, 2008 | Leave a Comment
Peter Keane, a current law professor and former chief assistant public defender in San Francisco, did an NPR segment and detailed why defending those charged with crimes is so important to our system of government
I know that most people have great difficulty understanding this. Indeed, many are horrified by it. But reflect for a moment: There is one key mechanism in our society that protects and maintains all of our freedoms. It is that we go by the rule that whenever someone does something that we condemn, no matter what it is, he still gets one person to speak up for him.
Take away this protection and all our other democratic rights, which are so carefully woven into the constitutional design of our republic, become meaningless. Without resistance from lawyers who represent people being prosecuted, all freedom is ultimately lost, because it is the natural human tendency of those who wield power to abuse those without it.
Indeed, when the government’s power is at its zenith, this is where the counsel for the accused serves the greatest purpose. We must all remember that anyone can be charged with a crime, and that not all accused are guilty. But the only way to determine who is guilty and who isn’t is through the adversarial system, where counsel for the defendant confronts and tests the counsel for the state.
If you are charged with a crime, it is vital to get a good criminal defense lawyer on your side. If you or someone you know has been charged with a crime, contact us today.
DUI Reduced to Reckless Driving
October 15, 2008 | Leave a Comment
State v. C.G.
October 14, 2008
C.G. was stopped on Hermitage Avenue in Nashville by an officer who said he saw C.G. swerve over the dividing yellow line. Upon seizure, the officer noted he detected a smell of alcohol on C.G.’s breath. No blood tests were performed.
Negotiations with the state resulted in a reduced charge, only 6 months probation, and a small fine, but most importantly, no DUI on C.G.’s record.
If you are charged with a crime, it is vital to get a good criminal defense lawyer on your side. If you or someone you know has been charged with a crime, contact us today.
Recent Success: Three Felonies Dismissed
October 10, 2008 | Leave a Comment
State v. B.D., October 9, 2008
B.D. was charged with Aggravated Burglary, Possession of Burglary Tools, Vandalism Over $1,000, and misdemeanor harassment. He was accused of breaking into his estranged girlfriend’s home, damaging property, and stealing her wallet, along with a few other items.
Intensive negotiation, coupled with the good behavior of B.D. while out on bond, resulted in a plea agreement to only the misdemeanor Harassment charge, for which he will serve 11 months and 29 days on supervised probation. All other charges have been permanently dismissed.
If you are charged with a crime, it is vital to get a good criminal defense lawyer on your side. If you or someone you know has been charged with a crime, contact us today.
Recent Success: One Year Probation on Counterfeiting Charge
October 2, 2008 | Leave a Comment
C.W. was charged as part of an operation of bleaching five dollar bills and then color copying one hundred dollar bills onto the newly bleached paper. Though there was a federal investigation, and the potential of more serious federal charges, we were able to negotiate a plea deal in state court of Criminal Simulation: Less than $500. The plea deal resulted in one year of supervised probation and no fine. C.W. will be released later today.
If you are charged with a crime, it is vital to get a good criminal defense lawyer on your side. If you or someone you know has been charged with a crime, contact us today.
Civil Rights and CCA
September 4, 2008 | Leave a Comment
Corrections Corporation of America (CCA), the largest private prison operator, and based in Nashville, Tennessee, is used to getting sued. In fact, they should expect it, since their business model largely consists of treating people like slaughterhouse cattle.
Among the most recent suits is one on behalf of a mentally ill man, who was denied medical care and mistreated because of his bipolar condition. From The Tennessean
According to a federal court lawsuit, Horton, who was being held on a probation violation, has been diagnosed with bipolar disorder and attention deficit hyperactivity disorder. He was disciplined for abnormal behavior through prolonged cell restrictions instead of medical treatment, the lawsuit said.
I was recently just involved in a suit against CCA, which has been resolved. The plaintiff was originally an indigently appointed criminal client of mine, charged with a series of misdemeanors, but she was unable to make any bond. Once she was processed into the CCA system, it was discovered that she was pregnant. At approximately 22 weeks, she began to bleed. The medical staff at CCA gave her some pads, and told her to go back to her cell, because they didn’t believe her. She filled up half a dozen of them.
This happened numerous times, until she was tossed into a holding cell in the medical unit, where her water was turned off, because the “nurses” still didn’t believe her. The doctor was on vacation. She wasn’t taken to the hospital until her contractions began, where her child was born prematurely, and did not survive.
Civil rights violations and wrongful death occur at the hands of the government, and the prison system, more than a civilized society ought to tolerate. Ignoring a pregnant woman is wrong. Mistreating and denying psychotropic medication to a mentally ill individual is wrong. Fortunately, there are remedies to correct these wrongs (as much as they can possibly be corrected), but you need a lawyer on your side to do it.
If you or someone you know has suffered at the hands of the state, local or federal government, please contact us immediately. We may be able to help.
Opinions from the Tennessee Court of Criminal Appeals
September 3, 2008 | Leave a Comment
Not much came out today. Check below if you would like to look for yourself.
STATE OF TENNESSEE v. KENNETH B. NEVELS
Court: TCCA
Attorneys:
Roger Eric Nell, District Public Defender; and Rebecca F. Stevens, Assistant Public Defender, Clarksville, Tennessee, for the appellant Kenneth B. Nevels.
Robert E. Cooper, Jr., Attorney General and Reporter; Andrew Hamilton Smith, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and Chris Dotson, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WOODALL
Defendant, Kenneth B. Nevels, entered a plea of guilty to one count of driving under the influence (DUI), first offense, and one count of driving on a suspended license, both Class A misdemeanors. The trial court sentenced Defendant to eleven months, twenty-nine days, for his DUI conviction, which sentence was to be suspended after serving forty-eight hours in confinement. Defendant was sentenced to a concurrent sentence of eleven months, twenty-nine days for his driving on a suspended license conviction, all of which was suspended with Defendant placed on probation. Pursuant to the plea agreement, Defendant reserved the right to appeal a certified question of law challenging the trial court’s denial of his motion to suppress. After a review of the record, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2008/nevelsk_090308.pdf
STATE OF TENNESSEE v. JACK E. THOMPSON
Court: TCCA
Attorneys:
Jeffry S. Grimes, Clarksville, Tennessee, for the appellant, Jack Earl Thompson.
Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Roger Eric Nell, District Attorney General; and John E. Finklea, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WILLIAMS
The defendant, Jack E. Thompson, in this consolidated appeal, appeals from one judgment revoking his probation and another judgment sentencing him to three years to be served consecutively to the sentence for which his probation was revoked. On appeal, he argues that the trial court abused its discretion in revoking his probation and ordering him to serve his sentence and that the trial court erred in enhancing his sentence to three years on his plea of guilty to burglary of a vehicle, a Class E felony. After review, we affirm both judgments from the trial court.
http://www.tba2.org/tba_files/TCCA/2008/thompsonj_090308.pdf
Self-Defense and the No-Retreat Doctrine
September 3, 2008 | Leave a Comment
A large plurality of states (to include Tennessee), have adopted the no-retreat doctrine, which holds that one has no duty to retreat if threatened with violence, and if threatened within one’s home, can use any measure of force necessary.
The Kentucky Supreme Court is scheduled to hear argument on whether a man’s conviction for murder, and his forty-five year sentence, should be overturned because the trial judge did not instruct the jury that the defendant had no duty to retreat
FRANKFORT — The Kentucky Supreme Court plans to review two cases involving the state’s new self-defense law that allows people to shoot dangerous home invaders without fear of prosecution.
The National Rifle Association had championed the measure enacted in 2006, saying it simply codified a rule of law already observed by judges in Kentucky and elsewhere: That people have a right to use deadly force to defend themselves and their families when their lives are in danger.
NRA spokesman Andrew Arulanandam said the so-called “no-retreat” self-defense laws enacted in 22 states over the past three years are important because some jurisdictions have held that crime victims have a responsibility to flee rather than to defend themselves.
“We think that’s wrong,” he said. “It is vital for these crime victims to have as many options as possible available to them.”
This sort of situation comes up more often than one might think. Self defense is a valid defense to prosecution in Tennessee, and if you are charged with a violent crime, is an avenue of defense one should look at and pursue, if the facts allow it.
If you are charged with a violent crime, contact us so we can discuss your defense options. The doctrine of self defense may validly be on your side.
The Post-Conviction Process
September 1, 2008 | Leave a Comment
In Tennessee, even if things have not turned out as hoped at trial, and the appeals have not gone your way, there is still one more procedural remedy remaining - the post-conviction relief statute.
Post-conviction relief is meant to remedy constitutional violations at the trial court level. Juror selection issues, violations of due process rights, and ineffective assistance of counsel are just a few of the reasons a conviction or guilty plea can be overturned. The procedures to pursue post-conviction relief can all be found in T.C.A. Sec. 40-30-101 et seq.
To learn more about the post-conviction process, contact us, or go to our post-conviction relief page. You only have 1 year after entering a guilty plea or the last appeal to file for relief. If you think we can help, contact us immediately.
Defending the False Accusation
August 30, 2008 | Leave a Comment
It is a public misconception that when someone is charged with a crime, it is likely because he or she is guilty. This sort of thinking trusts our government a bit too much. If the government was perfect, we would not have civil rights laws, and the heated debates the Founders had over the Bill of Rights would be noted as the biggest waste of time in the history of self-governance.
But the point is that the government is not perfect. Not by a long shot. That is why we have constitutional protections and in the wake of the civil rights movement of the 1950s and 1960s, federal and state law that gives private individuals the right to sue for breaches of those constitutional rights.
Having dealt with hundreds of criminal prosecutions, and multiple civil rights claims, I know that the government is not always well-behaved. The state consists of people, like the rest of us, who are all equally flawed.
The initial stages of a criminal prosecution requires that the government only show to a 51% certainty that you did what they say you did. This does not take much, since it is usually strategically unwise for a defendant to testify at those stages of the proceedings. However, at the end, the standard is that of “beyond a reasonable doubt”, which can bring a state or federal prosecution to its heels, and works to the advantage of the defendant.
So, being charged is not the end of the process, no matter the public perception. The real work is in the long term defense, which we completely understand. If you are charged with any crime, now is the time to begin working on your defense. Do not hesitate to contact us - we will be happy to talk with you.
Defending Against Criminal Prosecution
August 29, 2008 | Leave a Comment
When one is charged with a crime, the whole power of the state or federal government is put in play to prosecute you. Your only real defense comes with counsel that realizes what the government can and cannot do, and what evidence they must produce in their prosecution.
The adversarial system is at the heart of our criminal justice system, but it only works if there are competent lawyers on both side. Even then, the government can afford to make a mistake - the individual cannot take that chance. You cannot rely on things working out on appeal, where the presumption is reversed. On appeal, you are presumed guilty. During trial, you are presumed innocent. A smart defense is one that throws all its resources into defense at trial.
If you are accused of any crime, there are consequences beyond the prosecution itself. In addition to jail time, there is the potential loss of your right to vote and the right to possess a firearm, among other considerations. If you are accused of a crime, or think you are about to be, you need to contact us for your free consultation.
Not Your Usual Supermarket Wares
August 28, 2008 | Leave a Comment
Typically when one goes to the supermarket, you get milk, bread, maybe some cookies, perhaps a Coke.
In three places in Nashville, you can also get yourself a crack pipe.
A recent investigation netted five employees of three markets (one, sweet with irony, was called