Month: August 2015
Appellate Court Reverses Denial of Judicial Diversion
Judicial diversion is a sentencing option available to a court in criminal cases in Tennessee for first time offenders and certain eligible offenses. It allows an eligible defendant to avoid a formal conviction if the defendant complies with certain terms and conditions and successfully completes a probationary period of time. The decision of whether to
Mother of toddler faces drunk driving charge in Tennessee
Being accused of operating a motor vehicle while under the influence of alcohol can lead to long-lasting, negative effects in the personal and professional lives of those involved. A recent Tennessee case involves a woman who was traveling with her young child in her car. After being stopped by police, she now faces a drunk driving charge
Statements Made for Medical Treatment Admissible
Statements made for medical treatment and/or diagnosis, even though made out of court, are an exception to Tennessee’s exclusionary hearsay rule and are generally admissible if relevant and not excluded for some other evidentiary reason. This of course does not mean that the fact finder in a criminal trial is required to believe the veracity
John McAfee facing drunk driving charges in Tennessee
John McAfee, the eccentric software developer, was recently arrested in Tennessee and charged with driving under the influence. He is known for his anti-virus software, which made him millions. After allegedly losing most of his fortune and a series of legal issues, he recently located to Tennessee. Following his arrest, he was also charged with possession of a
Man faces vehicular homicide charges in Tennessee
A wreck recently occurred in Tennessee, leaving one person dead and two injured. Police said the crash was the result of drunken driving. The man believed to have been driving while intoxicated, and therefore causing the accident, now faces charges of vehicular homicide. According to police, a 31-year-old man was driving on a highway. A little
Inaccurate Election of Offenses Not Plain Error in This Case
Election of offenses in a criminal trial refers to a prosecutor’s duty, in a case where there was evidence at trial of multiple separate incidents which might meet the elements of the charged offense, to elect, for each count, upon which specific incident the jury should deliberate to determine guilt of that count. The purpose
What does a failed sobriety test mean for your future?
An arrest for drunk driving can lead to a series of unfortunate consequences, including time in jail, fines and other penalties. If convicted of drunk driving, the defendant may find that it affects employment, reputation and may also impact other various areas of life. For many Tennessee individuals who are arrested for drunk driving, the
Legal Marijuana? Not In Tennessee.
Many people think that marijuana is legal if they obtained it legally – for example, bought it in a state such as Colorado. Unfortunately, your “legal” marijuana becomes illegal as soon as you cross the border into Tennessee. Currently, four states and the District of Columbia have legalized marijuana for recreational use. Many other states
Child Neglect Conviction Overturnd for Insufficient Evidence
In Tennessee, child neglect is the crime of failing to take proper care of a child for whom the accused had a duty to provide care, when the neglect results in harm to the child. It is distinguished from child abuse in that for the crime of neglect, the accused does not have to have