Penalties for a DUI
September 22, 2009 | Leave a Comment
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 minimum penalties include jail time. A first time offender can expect to spend a minimum of 48 hours in jail. If you offer a blood or breath test, and your blood alcohol content is over 0.20, the minimum jail sentence is 7 days, which must be served consecutively. You will have to attend a DUI school and will owe court costs (which vary depending on your case) and pay a minimum $350 fine. You also lose your license for one year and could be ordered to put an ignition interlock device on your car. The court can also order drug and alcohol treatment if there is indication you have a substance abuse problem.
For a second time offender, the punishments get even more severe. A minimum 45 day jail sentence is required, as well as an increase in the minimum fine from $350 to $600. You lose your license for two years, and cannot obtain a restricted one until after the first year. Like a first offense, DUI school is required. Additionally you could have your vehicle forfeited and an interlock ignition device could be ordered installed on your vehicle.
A third offense DUI gets even more severe. Though still a misdemeanor, the penalties closely mirror that of the more serious felony fourth DUI offense. A third offense DUI carries a minimum of 120 days in jail. You lose your license for 3 to 10 years, with no prospect of receiving a restricted license. As with a second offense, you must attend DUI school and can have your car forfeited. The minimum fine amount is $1100.
A fourth offense and every offense thereafter is considered a Class E felony. The minimum jail time for a fourth offense DUI is 150 days. The minimum fine amount increases to $3,000 and your license will be revoked for a minimum of 5 years with no eligibility for a restricted license. As with a second and third offense, you must attend DUI school, could have your vehicle forfeited and could be ordered to install an ignition interlock device on your vehicle.
Additional punishments can be levied if someone is killed due to a DUI driver, or if a child is injured who is under the age of 13. Additionally, there are penalties for not submitting to a blood alcohol test that can range from 1 to 5 years loss of license, depending on the circumstances and one’s prior record. The implied consent law is a civil penalty, however, and does not carry with it any potential jail time. The interlock device requires one to blow into it each time before starting his or her car, and periodically thereafter. It usually costs several hundred dollars a year to maintain, and that cost is borne by the offender.
First through third DUI offenses are all misdemeanors, but all can carry up to 11 months and 29 days in jail. So, the minimums above are not necessarily the sentences always imposed. Judges and assistant district attorneys often consider the underlying facts and history of the individual being charged and convicted when determining the proper level of punishment. The minimum offenses are welcome if one is truly guilty, but they are not required to be offered by the state. Sometimes, if the facts are in one’s favor, the amended charge of Reckless Driving, which is a Class B misdemeanor, can be negotiated. However, Reckless Driving is not a lesser charge of DUI and cannot be instructed at trial.
If you or someone you know has been charged with a DUI, contact us IMMEDIATELY at (615) 346-2213 or through this easy to use form below.
Defending Yourself Against a DUI
September 22, 2009 | Leave a Comment
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 exact same.
When pulled over for a DUI, there are a couple of things one should keep in mind. The first is that one should be respectful. The officer is only doing his or her job. Answer questions directly and as they are asked. The second point to remember is that your cooperation with law enforcement should end when you start incriminating yourself. The Fifth Amendment of the United States Constitution gives you an inviolable right against self-incrimination. All states have their own state constitution counterpart to the federal amendment. There is never an obligation to implicate oneself in wrongdoing.
For instance, if the officer asks you if you have been drinking, you may decline to answer. If specific questions are asked regarding the amount you have been drinking, you again are under no obligation to answer. If the officer asks you to step out of the car, you may then ask if you are under arrest. At no time must you exit the vehicle and perform and tests or answer any further questions. Field sobriety tests, such as the one-legged stand and the line walking test, can be failed by someone who is completely sober. In short, they don’t tell much about your sobriety, but failure or a deficient performance on any one of them creates the perception, as wrong as it may be, of guilt.
The overall thing to remember is that you are under no obligation to incriminate yourself. No matter what assurances the officer gives you, the prosecutor is always the one who makes the final decision on how to handle your case. At the very most, be cordial, respectful and polite, but do not cave to the pressure to “cooperate”. It will not make things better, and almost always makes things worse. I have never in all my years of practice thought “Gee, I wish my client would have talked to the cops more.” However, I have said the exact opposite to myself many times – I wish they had talked less. Often, a lot less!
If you do not offer a breath sample or a blood sample, and do not participate in any field sobriety tests, you stand a good chance of getting the initial DUI charge reduced or dismissed. This isn’t manipulating the system – it’s simply exercising your constitutional rights. You can only exercise them if you know them, and that’s the point of this article, to make sure you are properly educated and equipped in the event you are ever stopped and arrested for something you may in fact not have done.
If you or someone you know has been charged with a DUI in Tennessee, contact us immediately.
Client Charged With Drug Possession Gets Unsupervised Probation
September 10, 2009 | Leave a Comment
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 parole). He was originally charged with possessing a Schedule III controlled substance within 1,000 feet of a day care.
Instead, due to our plea negotiations, he starts 2 years of unsupervised probation today.
We Can Defend You
Please fill out the form below so that we can know more about your case.
- your full name
- any case numbers you have in your possession
- the crimes with which you were charged
Don’t worry if you don’t know all the above. If you don’t have all the above information, we will be happy to find it out for you. You can also call us at (615) 346-2213.
Finding the Right Tennessee Criminal Defense Lawyer
September 9, 2009 | Leave a Comment
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 hundreds of people charged with crimes, I can assert the experience necessary to defend you, whatever the charge. If you or someone you know has been charged with a crime, do not hesitate to contact us immediately! A competent Tennessee criminal defense lawyer is a prerequisite if you have even a chance of fully vindicating your rights.
How to Apply for Presidential Pardons
August 31, 2009 | Leave a Comment
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 lives become better because of it.
The Department of Justice has established certain minimum standards for those wishing to apply for a presidential pardon. A specifically designated attorney in the Department of Justice heads the Office of the Pardon Attorney and evaluates each and every pardon application. Your application for a presidential pardon must be well-drafted, fully meet all the requirements, and present your best case for deserving clemency. Before you start anything, you must wait until at least five years have passed since the termination of your period of incarceration. Supervised release, which often comes after incarceration in the federal system, does not have to be completed prior to the five year waiting period terminating. This is neither a Constitutional nor statutory requirement – it is completely an internal requirement by the Department of Justice. The government believes the waiting period is necessary “to demonstrate an ability to lead a responsible, productive and law-abiding life.” Needless to say, there is also a requirement that your behavior be completely lawful since the completion of your federal sentence. Probationary sentences begin the five year period on the date of sentencing.
Three sworn character references should also be included with your pardon application. You are not limited to three, but the main three references must be designated as primary. Character references cannot be from relatives or spouses. The quality of your references are what keep your application “afloat”. If other upstanding individuals consider you worthy of their endorsement, the Office of the Pardon Attorney will be more likely to look favorably on your application.
In addition to the waiting period and lawful behavior, you must also provide a certified copy of your criminal arrest record. Copies of your credit report and records related to any civil law suit in which you have been involved must also be assembled. This step is more important than it sounds. Any omissions or incorrect entries in your application could be interpreted by the Department of Justice as a falsification. This could result in federal criminal charges being filed against you. It is more important to be honest. Negative entries in your past can be explained, and this is the preferred way to address imperfections in your pardon application.
The final part of the application is your reason for wanting a pardon. Good reasons are related to work, education and professional certifications. Without a valid need for a pardon, you are likely to have your application denied outright without even full consideration. Retaining an attorney experienced in the presidential pardon process is vital to make sure this part, among the others, is done correctly. Without a well-crafted rationale for forgiveness, your application will not receive full consideration by the Department of Justice.
The pardon power is exclusive to the president per the terms of Article II, Section 2 of the Constitution, so the decision on whether or not to grant a pardon is final. The Department of Justice has not felt it necessary to set up an internal appeals process. Further, there is no hearing to determine your pardon worthiness, unlike many states which will grant a hearing to the petitioner before making the final decision. The presidential pardon application is something you really only get one shot at per administration. You want to make sure you get it right the first time.
If you are interested in applying for a presidential pardon, please complete the following submission form and we will contact you.
Define: Presidential Pardon
August 9, 2009 | Leave a Comment
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. Today, pardons and reprieves are granted in many countries when individuals convicted of wrongdoing have demonstrated that they have fulfilled their debt to society, or are otherwise deserving of forgiveness. Pardons are often offered to persons who claim they have been wrongfully convicted. Some believe accepting such a pardon implicitly constitutes an admission of guilt, so in some cases the offer is refused (cases of wrongful conviction are nowadays more often dealt with by appeal and in some states, exoneration, rather than by pardon).
In the United States, only the president has the authority to issue a pardon. Article II, Section 2 gives the president exclusive pardon authority. The only limitation is that the president cannot pardon individuals who have been impeached.
If you or someone you know is interested in learning more about the presidential pardon process, feel free to call us at (615) 346-2213 or complete the information request form below.
How to Apply for a Presidential Pardon
August 8, 2009 | Leave a Comment
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 the pardon process and no judicial review.
The Department of Justice has historically been designated as the cabinet level department responsible for receiving and reviewing pardon applications. Applications are completed and submitted to the Office of the Pardon Attorney, whose staff then reviews each application. There is no predetermined time limit in which the Department of Justice must review a pardon application. There is also no requirement that the president ever actually act on a pardon application. Many applications for a presidential pardon lie dormant for years, never officially being denied.
In addition, unlike many state pardon processes, there is no hearing stage for a presidential pardon. The application process is entirely a paper one, which means you have but one chance to make the case you are worthy of being forgiven.
The application itself is extensive and submitted under oath. You must take particular care to ensure every detail of your pardon application, to include your own personal recounting of the crime, be done fully and without omission. An inaccurately completed pardon application could result in the filing of criminal perjury charges against you.
You also will need to provide complete biographical information, including details regarding your children and spouse, in addition to your own personal information. You must also list every residence where you have lived since the date of your conviction.
Employment background is vital as well. Starting with the date of your conviction, you must list your employer, reason for leaving that employer, any negative employment history, and any means of support you may have received during any periods of unemployment. As well, your complete criminal history, to include arrests, questioning by law enforcement, and even traffic tickets, must be submitted with your pardon application.
Debts, credit issues and civil litigation are also of interest to the Office of the Pardon Attorney. If you ever served in the military, additional information will be required of you. This is the case even if you were not in the military when the crime for which you are seeking a pardon was committed. Any previous efforts at restoring your civil rights or petitioning a state governor for a pardon must also be noted, and details provided.
Perhaps most important of all, you must state your reason for seeking a pardon. You must state with great specificity the purpose for which you are seeking a presidential pardon and attach any documentary evidence that will assist you in the process (for example, copies of applicable provisions of state statutes and constitutions, regulations, letters from appropriate officials of administrative agencies, licensing and professional authorities, and so on). The federal pardon process is excruciating in its detail and in most cases is more time-consuming than similar state processes.
A presidential pardon is an act of forgiveness. It will not expunge your record, but it makes an allowance for it. You still have to report you have been convicted when asked on a job application or other official questionnaire; however, the negative effects associated with your prior conviction are significantly lessened by the existence of a pardon. Since the pardon application process partially refers to prior acts requesting clemency, it is vital you make a valid effort the first time. Though you can complete the application yourself, it is advisable that you have counsel familiar with the rules and requirements of the pardon process assist you in completing and submitting your application.
If you or someone you know would like to explore the prospects of obtaining a presidential pardon, feel free to contact us directly at (615) 346-2213, or by filling out the quick and easy information request form below.
How to Apply for a Presidential Pardon
August 4, 2009 | Leave a Comment
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 outlined by the Department of Justice. For one, you must wait at least five years after the completion of your incarceration (supervised release does not count) before applying for a presidential pardon. This is an internal requirement by the Department of Justice. In the words of the Office of the Pardon Attorney, it is there “to demonstrate an ability to lead a responsible, productive and law-abiding life.” Implicitly, there is also a requirement that you have not gotten in legal trouble since the completion of your federal sentence. If your sentence only involved probation, then the waiting period starts on the date of sentencing.
In addition, you must provide a certified copy of your criminal arrest record, as well as copies of your credit reports and any civil law suits to which you have been a party. Any omissions could be construed by the Department of Justice as a falsification of your pardon application and result in additional criminal charges. Explanations for any negative entries in your past are vital and must be properly constructed and included with your pardon application.
You also must include three sworn character references. You can include more, but three should be designated as primary. Relatives and spouses cannot be used as character references. It is of the greatest importance to make sure you have solid references supporting your pardon petition.
Among the most important parts of your pardon application however, is the reason you are seeking a pardon. This part of the application must be where you focus most of your energy and concentration. Since you really only get one chance to make a first impression, many people find it helpful to retain counsel experienced in the presidential pardon process to especially assist in making sure this part is done correctly.
Unlike many state pardon processes, the federal process does not allow for a hearing. You will receive a response that either affirms or denies your request. Since the pardon power is exclusive to the president per the terms of Article II, Section 2 of the Constitution, there is no appeals process if you are denied. Needless to say, if you are to apply for a presidential pardon, you want to put your best foot forward and get it right.
If you would like more information regarding the presidential pardon process, contact us through the form below or give us a call at (615) 346-2213.
A History of Presidential Pardons
August 3, 2009 | Leave a Comment
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 in each of the executive Departments, upon any subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.
The pardon power is absolute except in cases of an impeachment. It is also noteworthy that there is no congressional check on the president’s pardon power.
From the very beginning, the pardon power was controversial. Many Founding Fathers found it a troublesome topic, primarily due to a history of its abuse by European regents. However, proponents of the power prevailed, with the only check being that of impeachment, which was necessary to maintain the balanced separation of powers as envisioned by the Founders.
Beginning with George Washington and the pardoning of those indicted and convicted of treason in the wake of the 1791 Whiskey Rebellion, the decisions on whom to pardon and when has resulted in ongoing debate, most recently culminating in the failure of President George W. Bush to pardon vice presidential chief of staff Scooter Libby. Washington did establish that the penultimate crime against the country (treason) was a pardonable one, but whether or not the offenders deserved it was another matter entirely – this though Virginia Governor Henry Lee had already issued a general pardon covering even those who had not yet been charged with a crime.
Andrew Johnson’s pardoning of the “common Southerner” after assuming the presidency in 1865 raised eyebrows, in addition to his refusal to extend blanket amnesty to the upper classes of Southern society, making the aristocrats he blamed for starting the Civil War apply individually for his forgiveness. President Jimmy Carter fulfilled a campaign promise by issuing a blanket pardon of Vietnam era draft dodgers (though, strategically, not pardoning war protesters, deserters, and those who received less-than-honorable discharges).
The primary reason for the controversy underlying many pardons is a simple one: second chances for serious offenses are always debatable. Every individual receiving a pardon has been subject to the system, and has been deemed worthy of some sort of stigma or punishment. It is a testament to the soundness of the pardon power, however, that pardon controversies are relatively rare in relation to the number of pardons actually granted (table showing pardon statistics, by administration, since 1945).
In recent years, the pardons of Richard Nixon by Gerald Ford, Patty Hearst by Bill Clinton (though her sentence was commuted by Jimmy Carter in 1976), Caspar Weinberger by George H.W. Bush and fugitive Marc Rich by Bill Clinton have become infamous examples of the use of the pardon power.
We Can Help You Apply for a Federal Pardon
If you would like more information on presidential pardons, or know someone who might be interested in obtaining one, please contact us through the form below.
Obtaining a Pardon in Tennessee
August 2, 2009 | Leave a Comment
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 governor that you are worthy of a pardon and that have you have a really good reason for requesting one. Good reasons, for example, can include wanting to go to school to further one’s education or needing to get a professional certification. The pardon is the legal equivalent of things being forgiven, but not forgotten. A pardon in Tennessee does not erase the conviction from your record, but it shows that you have been forgiven by the state for whatever occurred. A pardon can go a long way toward alleviating the concerns an individual, educational institute or employer may legitimately have about the conviction on your criminal record.
It is important to carefully craft your application for a pardon: two-thirds of pardon applications are rejected outright by the Board of Probation and Parole, who is responsible for offering pardon recommendations to the governor. If the Board feels your application has sufficient merit, a hearing will be scheduled for you where you can make the case that you are worthy of pardon consideration.
The instructions for the Tennessee pardon application lists a few bare minimum requirements: you must have five (5) personal recommendations, you must have fully completed your sentence, and you must have stayed out of trouble since completing your sentence. These are, in fact, the bare minimums. Your chances are helped by the quality and quantity of your recommendations as well as your resume, so to speak, of self-betterment and community involvement. The more you can show the Board that you “deserve” the pardon, the more likely you will be successful.
Like many things of the law, it is best to have a criminal attorney who is familiar with the pardon / clemency process assist you. Needless to say, based on the low success rate alone, obtaining a pardon in Tennessee is not a simple process. You must take careful attention that your best “you” is presented to the Board of Probation and Parole. One must think of the clemency process as a job interview, where you best foot forward is your only hope of getting hired. It is just this way when applying for a pardon; therefore, it is important to make sure you make your best first impression. It is vital that the Board think you worthy of forgiveness the first time they see you, and the only way to ensure that is extensive preparation.
If you would like to inquire about obtaining a pardon, please use the contact form below.
Expungement: Tennessee Law and Filing an Application for Expungement
July 30, 2009 | Leave a Comment
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 criminal record in Tennessee is difficult but certainly not impossible. There are a variety of situations where erasing your criminal record and expunging damaging information can legally occur. Dismissed charges can always be expunged in Tennessee. A criminal expungement attorney can do a records search for you to find the dismissed charges against you, the relevant indictment or warrant numbers, and the name under which you were charged (to avoid problems by perhaps missing aliases in the criminal database). Once this due diligence is completed, an expungement lawyer can then complete the necessary request and court order and submit it to the clerk in the county in Tennessee where you were charged. The request is then sent to the district attorney’s office to determine whether there is any state opposition to the expungement.
You can also expunge your record if you entered into a pre-trial or post-trial diversion plea agreement. However, you can only apply to get your record expunged once you fully complete the requirements of your diversion. Unlike expungement for a dismissal, where at most you might owe some court costs, there is a court fee to get your charge expunged after completing diversion. Criminal charges and convictions can negatively affect you in the future if they are not fully expunged, even if they are part of a diversion agreement, or a plea under advisement. It is vital that you retain an expungement attorney who does a complete criminal record search to make sure all charges that can be erased from your record are expunged. A well-trained expungement lawyer will do a thorough criminal record search with your date of birth and complete name, leaving no stone unturned to ensure that every possible criminal record that can be expunged is completely erased. It does you little good to miss an expungeable charge and end up with a partial expungement that will still show up on background checks.
It is important that you start the process as soon as possible. Obtaining an expungement can sometimes take months to complete depending on the county where you were charged. This makes it vital to retain an attorney fluent in the criminal system to ensure that your expungement is handled correctly the first time. It is important to make sure your record is fully expunged before you seek a new job or apply to college or a technical school. Whether it is a shoplifting or a felony expungement you are seeking, the process is the same. A knowledgeable criminal lawyer familiar with the Tennessee expungement process is definitely your best bet.
Though difficult, getting an expungement in Tennessee is not impossible. Once you obtain an expungement, Tennessee state law requires there be no physical evidence you were ever charged or convicted. Expert counsel and a committed effort are necessary make sure your record is clean. Getting an expungement in Tennessee can be a trying process. Good counsel is your best bet.
If you would like to inquire about expunging your record, please use the contact form below.
The Tragedy of Steve McNair
July 5, 2009 | Leave a Comment
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, appeared to be pretty standard. It makes no mention of McNair, who co-owned the Escalade Kazemi was driving.
Needless to say, this affects us all in Nashville. At this moment, there do not appear to be any legal implications. The Metro Police are not currently looking for a suspect.
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.