What Is the Crime Fraud Exclusion?

The disappearance of Gabby Petito and the recent discovery of her fiancée Brian Laundrie’s remains have been the controversial subject of headlines for months, with new details unfolding before a captive national audience. Evidence of an altercation between the couple surfaced around the time that her remains were found in Wyoming in late September. An…

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Good Idea, Poor Execution: Why Tennessee’s Criminal Courts Are Ready for Mediation

In June 2021, Knox News launched an investigation into “mediation” practices in the Eighth Judicial District in Tennessee. The investigation turned up some very troubling information regarding one specific judge, who claimed that he was engaging in mediation with defendants to reduce backlog of criminal cases that had built up during the pandemic. Per Knox…

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Is It a Crime to…? Where Tennessee Law and TV Diverge

One of the less fortunate effects of police procedurals on television is that people often misconstrue what is legal and what is not. They may not understand exactly when a person’s Miranda rights must be read, or how honest police must be. They may also believe that certain actions are less serious than they are,…

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TBI Study Shows School-Related Crimes Dropped by Almost 60%

There’s good news in Tennessee. A study by the Tennessee Bureau of Investigative Study (TBI) of elementary and secondary schools (not colleges) for 2020 showed that crime in schools is dropping. According to the study, as summarized by WKRN: 24,403 crimes were reported by Tennessee law enforcement agencies – between 2018 and 2020. 8,000 incidents…

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Parole and Probation in Tennessee

The primary goal of every criminal defense lawyer is to fight to have the charges against you dismissed outright, or to obtain an acquittal. A secondary goal in criminal defense cases is to keep our clients out of jail, or to at least reduce the amount of time they may have to spend there. Some…

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What Is the Difference Between Carjacking and Joyriding?

Carjackings perpetrated by juveniles have exploded during the pandemic. According to reports from outlets like NPR, even children as young as 12 or 13 are involved in these violent crimes. This surge in carjackings is being called an epidemic, as experts look for the cause of why so many juveniles are making their way into…

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Teens Accused of Killing Stanley Freeman Could be Tried as Adults

On February 12, 16-year-old Austin-East high school student Stanley Freeman, Jr. was shot three times, dying from his wounds after crashing his car. On March 15, two teens were arrested and charged in connection with the fatal shooting. The teens, aged 14 and 16, are now facing charges of first-degree murder. Authorities also allege the…

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Can Police Force Me to Unlock My Cell Phone?

For many of us, our cell phones and smart phones are an extension of ourselves – full of messages, photos, contacts and important information. Allowing someone else access to this information could rightly feel like a violation of privacy. For example, in 2019 a Tampa man spent over 40 days in jail after refusing to…

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