‘Moore Law Blog’ Archives
Find the Right DUI Attorney: Nashville, Tennessee
If you are charged with a DUI, you could face possible jail time (48 hours for a first offense, and up to a minimum of 150 days for a fourth or subsequent offense). You can also lose your license and made to pay thousands in court costs and fines. The important thing to remember is that you do not need to go it alone. In fact, the first [...]
Top Five Ways to Avoid a DUI Conviction
Keep in mind, we're not talking about an arrest. We're talking about victory when the dust settles and you have your day in court. Here's what you need to remember (of course, it goes without saying don't drink then drive. That's what we call "water under the bridge" when you've been arrested, booked, bonded, and told when to come back to [...]
Not Guilty Jury Verdict on Two Counts of Aggravated Child Abuse
February 10, 2010 - After three days of trial, a jury deliberated for forty-five minutes and returned a Not Guilty verdict on two counts of Aggravated Child Abuse against R.B. (client's name is withheld as he intends to expunge his record). Aggravated Child Abuse in Tennessee is a Class A felony, carrying between 15-60 years in prison with no [...]
Penalties for a DUI
There are a variety of penalties for a DUI in Tennessee. Your past record, level of intoxication and circumstances of your arrest all carry with them various factors related to your potential punishment. This is a brief overview of what you can expect if you are found guilty of a DUI within the State of Tennessee. Even for a first offender, the [...]
Defending Yourself Against a DUI
Driving under the influence is one of the most common crimes in the country. No other crime so regularly affects individuals from all social strata. Millionaires and public housing residents are both routinely charged with a DUI. As differently situated in life as they are, their defenses, and how they should handle their cases, should be the [...]
Client Charged With Drug Possession Gets Unsupervised Probation
Today, due to client's ongoing cooperation with law enforcement and rigorous negotiations with the Assistant District Attorney General, client J.W. pleaded to 2 years of unsupervised probation. His original charge would have carried up to 8 years, which would have had to be served at 100% (a day for day sentence, without the possibility of [...]
Finding the Right Tennessee Criminal Defense Lawyer
If you are charged with a crime, it is imperative that you retain an experienced and aggressive criminal defense lawyer, familiar with Tennessee laws and criminal procedure. Even misdemeanors can carry jail time, and do not carry any presumption regarding probation. Felonies can result in prison time with no chance for parole. Having defended [...]
How to Apply for Presidential Pardons
Even early into first terms, new presidential administrations begin the process of evaluating and issuing pardons. Most pardons are reviewed and decisions issued quietly. For every news-making pardon issued by a sitting president, dozens if not hundreds go unnoticed. The upside to this is that normal, everyday people achieve forgiveness, and their [...]
Define: Presidential Pardon
A pardon is the forgiveness of a crime and any penalties that may be associated with it. Pardons are granted by the head of state, such as a monarch or in the United States, the president. Clemency is an associated term, meaning the lessening of the penalty of the crime without forgiving the crime itself. The act of clemency is a type of reprieve. [...]
How to Apply for a Presidential Pardon
Each presidency establishes its own set of standards and considerations when determining who receives a presidential pardon. The power to pardon is exclusive to the president. In Article II, Section 2 of the Constitution, the pardon power is limited only in that impeachment is not a pardon-eligible offense. There is no congressional input into [...]
How to Apply for a Presidential Pardon
Every presidential administration issues pardons. Some are noteworthy and make the news, but the vast majority are otherwise ordinary and productive citizens who have made mistakes in the past but have shown themselves reformed and worthy of forgiveness. To apply for a presidential pardon, one must meet certain threshold requirements as [...]
A History of Presidential Pardons
The presidential pardon power is found in the Constitution, Article II, Section 2, which states The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer [...]
Obtaining a Pardon in Tennessee
If you are unable to qualify for an expungement in Tennessee, the only way to then redress any issues with your criminal record is through applying for a pardon from the governor. A pardon is officially known as clemency. In Tennessee, the pardon process is lengthy and difficult. The pardon is a concept in merit – you must truly show to the [...]
Expungement: Tennessee Law and Filing an Application for Expungement
Tennessee is one of the most difficult states in which to erase your criminal record Consequently, an expungement is difficult to obtain. There are only limited instances where you can get your criminal record expunged in Tennessee. The rules regarding Tennessee expungements are the same for both felonies and misdemeanors. Expunging your [...]
The Tragedy of Steve McNair
In what now clearly seems to be a murder/suicide, former Tennessee Titans quarterback Steve McNair has been killed by his 20 year old girlfriend, Sahel Kazemi. Just three days ago on July 2nd, Kazemi was pulled over with McNair and charged with a DUI (underage). The Sahel Kazemi arrest warrant offers a few details, and in my DUI experience, [...]
DUI Reduced to Reckless Driving in Sumner County
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 [...]
Class C Felony Dismissed at General Sessions
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 [...]
Metro Nashville General Sessions Criminal Clerk Going Paperless
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 [...]
DUI Arrest, What Should I Do?
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 [...]
Chandra Levy’s Killer Isn’t Gary Condit, Enter Ingmar
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 [...]
Recent Successes: Potential 2nd DUI Reduced to Reckless Driving
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 [...]
Interlocks for All?
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 [...]
It’s Never Too Long . . .
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 [...]
Legal Obligations When Questioned By the Police
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 [...]
Why Everyone Deserves a Defense
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 [...]
