Criminal Defense
Criminal Record Expungement in Tennessee
Having a criminal record can be extremely damaging. Employers, landlords, creditors, and other individuals can access it; consequently, you can be denied employment, housing, credit, and more. Under certain circumstances, however, a criminal record can be erased if you can successfully petition for an order of expunction. Expungement is the legal process in which courts…
Read MoreWhen a Small Lie Amounts to Securities Fraud
In early June, a federal jury in Hartford, CT found a former mortgage-bond trader guilty of fraud. Michael Gramins, formerly of Nomura Holdings Inc., was found guilty of conspiracy and cleared of six counts of fraud, while the jury deadlocked on his other two charges. Interestingly, his colleagues, Ross Shapiro and Tyler Peters, were also…
Read MoreCombatting Drug Addiction and Drug Abuse in Jail
One of the most persistent problems in the United States is the addiction to and the abuse of drugs, both illegal and legal, and one of the most serious addiction and abuse problems involves opioid painkillers. Thus, the scope and impact of physicians overprescribing opioids is quite vast, as a 2014 National Institute on Drug…
Read MoreCan RICO Charges Threaten Free Speech?
Recently, there’s been an uptick in prosecuting pharmaceutical companies and other corporate entities using RICO statutes. While the Racketeer Influenced and Corrupt Organizations Act has traditionally been used to prosecute members of organized crime, there has been more focus on using this powerful charge on large corporations. To push back on possible future lawsuits and…
Read MoreJudge Finds Woman Who Urged Her Boyfriend to Commit Suicide Guilty of Involuntary Manslaughter
A precedent-setting case out of Massachusetts has captured headlines in every paper across the country. Michelle Carter was convicted of involuntary manslaughter for the role she played in convincing her boyfriend, the late Conrad Roy III, to kill himself. She is facing up to 20 years in prison. You can read the full story here,…
Read MoreBryan Delius Leads the Way Toward Real, Meaningful Reforms in Tennessee
Currently the House Civil Justice Subcommittee is reviewing a new bill, HB 0421, introduced by Representative Martin Daniel, that seeks to establish a new procedure when it comes to the seizing and forfeiture of assets in cases of criminal activity. In short, the bill “requires conviction for the underlying criminal conviction before forfeiture can occur;…
Read MoreMisdemeanor Charges in Tennessee
A lot of people we speak to think of misdemeanors as “lesser” crimes than felonies. While it’s true that a misdemeanor charge is characterized by lower fines and less time in jail or prison, it’s still very serious to have one on your record. Generally speaking, misdemeanors fall into three categories: Classes A, B and…
Read MoreLet’s Talk about Search and Seizure for a Minute
There was a story in the Knoxville News Sentinel recently about a case stemming from 2011. In sum, a police officer drew some blood from a driver involved in a fatal accident, even though the officer didn’t have a warrant. It went back and forth in the courts as to whether that was legal, and…
Read MorePublic Safety Act of 2016: What You Should Know
Public safety, justice, crime deterrence, criminal rehabilitation and prison overpopulation: these are important components of many laws in Tennessee. However, despite the intent of these laws, Tennessee has seen a rise in domestic violence, prison overpopulation, repeat offenders, and the like. Therefore, a new law, the Public Safety Act (PSA) of 2016 recently was passed…
Read MoreSupreme Court Ruling on Implied Consent Laws Will Affect Tennessee’s Laws, Too
Every state in the country has their own laws when it comes to DUI. All states also have some form of “implied consent” laws that require drivers to submit to blood alcohol tests. The U.S. Supreme Court in the recent case of Birchfield v. North Dakota has weighed in on these laws, causing uncertainty for…
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