When Chattanooga police officers are called to a house or apartment where there’s been a domestic dispute between boyfriend and girlfriend, or husband and wife, and there is evidence of an assault, they must make an arrest – even when both people say that they don’t want the other arrested.

Police arrest who they believe to be the “primary aggressor,” but in many instances where there are contradictory versions of events, it is difficult to determine who that is. So in some cases, both people are arrested. In others, the confusion over contradictory stories can mean that the victim is actually arrested and charged with domestic assault.

In all cases, there is peripheral damage to the person arrested and convicted of domestic assault. That person can lose their job and career, or personal relationships, their reputation or their standing in the community.

In Tennessee domestic assault charges are in one of two categories:

• Class A misdemeanor, which is punishable by up to 11 months and 29 days in jail and a fine of up to $2.500.
• Class B misdemeanor, which is punishable by not more than six months in jail and a $500 fine.

We read recently of a Tennessee police officer who has been charged with domestic assault after an early-morning dispute with his girlfriend. She told responding officers that he had knocked a cellphone from her hands and damaged a coffee table.

She said he also held her arm underwater in order to prevent her Bluetooth-enabled watch to function properly.

After the officer’s arrest, the Nashville Police Department decommissioned him and launched an investigation into the incident.

The best thing for anyone in this type of situation to do is to refrain from trying to argue their way out of their predicament. Instead, they should speak with an attorney experienced in domestic violence defense about the evidence and their best legal options.

(This article taken from  www.levittandlevittlaw.com )

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Question: When should I waive my Miranda Rights in Tennessee and speak with police about a criminal case?

Answer: Never.

If police want to ask you questions, tell the police that you want a lawyer with you. Do not speak to law enforcement or answer any questions without your lawyer present.

Though I could write more extensively on this subject, that just about covers it.

Many people caught with drugs will face possession charges. However, it is sometimes possible for the police or state prosecutors to turn a straightforward possession case into a case of possession with intent to distribute.

Defendant in such cases face serious consequences. How do the police establish the intent to distribute a drug?

Types of drugs

People caught with drugs typically claim they are for personal use, but the quantity of drugs might make police or prosecutors question that assertion. When someone has dozens of pills or more than a few grams of a drug, it might appear the person intends to distribute the drugs.

Having numerous types of drugs could cause the same suspicion. Many recreational drug users only abuse one or two substances; if police catch someone with multiple types of drugs, they might believe an intent to distribute exists.

Socialization

Do you frequently have visitors to your house? Do you talk about your side hustle on Facebook or sell personal items online? The traffic in and out of your residence and your digital interactions with other people could make you look like a drug dealer, even if there are completely innocent explanations for the behaviors.

Police may surveil your residence or subpoena your phone records to show that you frequently interact with people you do not know.  

Other items in your possession

Scales used to weigh drugs or packaging for individual drug purchases might leave people to suspect drug trafficking rather than personal use. Innocent items you have in your house, like sandwich bags or postage scales, might make police officers suspect you of drug dealing.

(This article taken from www.levittandlevittlaw.com )


If you or a loved one have questions or need assistance with Bail Bond services in the Chattanooga area, The Bail Bondsmen at Gary's Bail Bonds are ready to help. With more than 20 years of experience in the Bail Bond business, we have the practical experience and knowledge to get you out of jail fast. 24 hours a day, 7 days a week, Gary's Bail Bonds is there when you need us most. 423-664-1000

Life has been very challenging lately, and excessive drinking has been an unfortunate side effect for many people. When excessive drinking happens, it can lead to poor choices and reckless behavior. When life is particularly hard, some people overindulge in alcohol to help them forget about the hard parts of life. Sadly, while it may make someone make better in the short time, it can also lead to regretful decisions.

4 Types of Criminal Charges You Could Face From a Bar Fight

Fun is not overrated, until it gets out of hand and becomes a serious problem that could land you in legal trouble. Depending on the details of your situation, a bar fight could mean serious trouble, ranging from a misdemeanor assault charge to a felony. The severity of your charge is determined by a few contributing factors, like bodily harm to the victim and whether a weapon was used. In Tennessee, bodily harm and injury can range from a cut to scrapes or burns. Bodily injury differs in severity to serious bodily injury. Serious injury involves a near death risk or any range of life-threatening harm. In Tennessee, it is considered aggravated assault to inflict bodily harm with a weapon, so if you are involved in a bar or public fight that ends in bodily harm with a weapon – you can get into serious trouble.

If you are involved in a bar fight, you could face any of the following charges:

• Assault:  Assault is often found together with battery, but they are separate charges. Assault and battery are not interchangeable. Causing another person to fear bodily harm can result in assault charges. Assault is threatening bodily harm and attempting violence towards another person.

• Battery:  Unlike assault, battery happens when force is actually used to harm another person. If the injury isn’t serious, it is typically reflected in the punishment. However, if for example, a bar fight leads in serious harm to another person, you could face felony battery charges.

• Disturbing the Peace:  Considered by most to be a minor offense, disturbing the peace is a misdemeanor offense that carries up to 90 days in jail and a fine of $400 or less. Disturbing the peace doesn’t mean there was a physical fight. It can also be the result of shouting insult and using provocative language to incite a fight.

• Manslaughter:  Accidentally taking the life of another person is considered involuntary manslaughter. A heat of the moment and accidental death, like if one happened to die in a bar fight. Whether a manslaughter charge is categorized as voluntary or involuntary, it will carry jail time.

If law enforcement officers and a prosecutor charge you with a drug crime, a court of law cannot convict you unless it believes beyond a reasonable doubt that you possessed or owned the drugs.

The prosecutor can go one of two ways to prove your ownership: actual possession and constructive possession.

Actual possession

Actual possession means when officers recovered the drugs, they did so from somewhere on or near your person. All the court needs is the officer’s testimony that (s)he took the drugs out of your pocket, purse, etc.

Constructive possession

Constructive possession means the prosecutor must prove by circumstantial evidence alone that you not only knew about the drugs but also possessed the ability to control them.

Example

The following example should make constructive possession easier for you to understand. At your trial, the officer testifies as follows:

• (S)he observed you speeding.
• (S)he pulled you over for this alleged traffic violation.
• (S)he noticed two other people in your car: someone in the passenger seat and someone in the back seat.
• (S)he asked you for your license and registration, from which (s)he determined that you owned the car.
• (S)he asked to search your car, and you gave him or her permission to do so.
• (S)he found illegal drugs in your unlocked glove box.

This evidence establishes that you had illegal drugs in your vehicle. It does not establish, however, that you knew they were in your glove box or that you put them there. Both of your passengers had just as much opportunity and ability to put them there as you did.

Consequently, no one can determine who owned the drugs, and the prosecutor failed to meet his or her burden of proof. The court cannot convict you of a drug crime.

Tennessee property crimes vary, depending on the circumstances. It is easy to get confused about the different categories of theft, robbery and burglary. When planning a defense, it is imperative to assess which charge applies to the situation.

How do theft, robbery and burglary differ?

Theft  – also referred to as larceny – is the simplest charge in these categories. It is considered theft if someone is accused of taking another’s property, was unauthorized to do so and meant to deprive them of it permanently. Taking a wallet that was left on a table would be considered theft.

Robbery  – the items are taken without the other person’s permission, but it happens through physical force or intimidation. With the wallet example, the person alleged to have committed robbery would need to order the owner to hand it over or physically take it through real or implied violence.

Burglary  – a person commits burglary who, without the effective consent of the property owner; 1) enters a building other than a habitation (or any portion thereof) not open to the public, with intent to commit a felony, theft or assault; 2) remains concealed, with the intent to commit a felony, theft or assault, in a building; 3) enters a building and commits or attempts to commit a felony, theft or assault is a Class D felony, or 4) enters any freight or passenger car, automobile, truck, trailer, boat, airplane or other motor vehicle with intent to commit a felony, theft or assault or commits or attempts to commit a felony, theft or assault, a Class E felony.

Aggravated Burglary  – an aggravated burglary is burglary of a habitation and is a Class C felony.

Especially Aggravated Burglary –  an especially aggravated burglary is: 1) burglary of a habitation or building other than a habitation; and 2) where the victim, lawfully on the premises, suffers serious bodily injury. This a Class B felony.

DUI checkpoints were designed to protect drivers and pedestrians from impaired drivers. Although police officers must have probable cause to pull over a motorist, this is not necessary at a DUI checkpoint. That said, there are some requirements law enforcement must fulfill for a checkpoint to be valid.

Law enforcement must announce a DUI checkpoint about a week in advance. Generally, this information is available in newspapers, on local news stations, and on law enforcement social media channels. Moreover, valid checkpoints must be visible through signage.

Know Your Rights

If you are approaching a DUI checkpoint and wish to bypass it, you can. However, you must not disobey the rules of the road or jeopardize anyone’s safety while doing so. DUI checkpoints tend to create substantial traffic due to the random traffic stops, so no one should assume you are intoxicated simply because you want to avoid it. Of course, if your driving appears erratic, law enforcement officers may stop you as you try to turn around.

While stopped at a DUI checkpoint, an officer will ask you for your license, which you must provide. Keep in mind that driving is a privilege, so you must comply with this request. If the officer asks if you have been drinking, you are not obligated to answer. If the officer believes you are intoxicated, however, he or she may arrest you, regardless.

If the law enforcement officer asks you to perform a series of field sobriety tests, you have the right to decline this request. In many cases, when officers make this request, they are already prepared to make an arrest. Do not build up the evidence against you by complying with this request.

Additionally, every state has an implied consent law, which means you must submit to a blood test or a chemical test. Noncompliance will result in serious consequences.