Drug Possession Charges

Even if you understand the seriousness of drinking and driving, there may come a day when you let your good time get the best of you. Rather than control your drinking or call for a ride, you jump behind the wheel and assume you are “sober enough” to reach your destination.

This is what you should do if you are pulled over:

• Move to safety as soon as possible:  This is not a time to continue driving as if nothing is happening. The officer wants you to immediately move to the side of the road. By putting on your hazard lights, you acknowledge to the officer that you see him or her.
• Wait where you are:  Do not get out of your vehicle, take off your seat belt or start grabbing for your license and registration. Put your hands on the steering wheel, wait for the officer to arrive and then follow his or her instructions.
• Be polite:  You do not have to go overboard, but it is critical that you remain respectful and polite as you are discussing the situation with the officer. If you become aggressive or condescending to the officer, it will raise suspicions and all but guarantee that you will find yourself in trouble.
• Do not say too much:  If you are asked a potentially incriminating question, think about how much information you will share. It is best to keep your answers short and to the point. Saying too much could result in your arrest. Remember, you always have the right to remain silent.
• Stay calm if the officer puts you under arrest:  This is the last thing you want to happen, but it is a possibility if you have been drinking. Stay calm, do not say anything the officer could use against you in court, and follow instructions.

If you take these steps after being pulled over for suspicion of drinking and driving, you improve your chances of avoiding an arrest or conviction.

(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

If you are found guilty of a gun charge in the state of Tennessee, you could lose your hunting license. There are other far-reaching implications that a conviction on gun charges can bring to your life. This is why it is so important that you understand the intricacies of the law when it comes to owning a gun here in Tennessee. This holds true regardless of whether you are a resident gun owner, a visitor or simply traveling through the state.

Tennessee is considered to be a gun-friendly state in comparison with other states across the country. However, safety is a top priority, and this is reflected in many of the state’s gun policies.

Owning and carrying weapons in Tennessee

There is no requirement to be approved before buying a gun in the state of Tennessee, and the gun does not need to be registered. However, in order to conceal and carry the weapon, you must apply for a CCW permit. This application will be evaluated by the state Department of Safety. It is only possible for residents of the state of Tennessee and out-of-state citizens that have regular employment in Tennessee to attain a CCW permit.

Legally carrying your gun in public places

Here in Tennessee, you can carry your concealed weapon in state parks, within your vehicle and in public places in general. However, it is not legal to carry guns when in playgrounds, schools or school buses, business meetings, airports or when under the influence of alcohol or drugs. You should never carry a gun into a building that displays a “no weapons” sign.

Weapons in your vehicle

You are permitted to carry a weapon anywhere in your vehicle as long as it is not on your person. If a police officer asks you to pull over, you are not legally obligated to inform him or her of the weapon in your vehicle.

If you have been accused of violating gun control laws in the state of Tennessee, it is important that you take action in order to defend yourself. A guilty charge could restrict your rights and bring many unwelcome complications.

(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

If a Tennessee police officer suspects that you are driving while impaired, the officer may ask you to submit to a breath-alcohol test. While you are not obligated to comply with the request, there can be negative consequences for failing to do so. Let’s take a closer look at what those consequences could be.

You could lose your license for at least a year

Tennessee law says that those who violate the state’s implied consent laws for the first time will lose their license for a year. The penalty increases to two years if you violate the implied consent law for a second time.

Penalties increase if you caused a crash while impaired

Failing to submit to a blood alcohol test after causing an accident that results in bodily injury can lead to a license revocation of at least two years. The revocation can be extended to five years if you refuse to take a chemical test after causing an accident that led to someone’s death.

You may be eligible for a restricted license

A restricted license allows you to drive to work, school or other limited destinations during a portion of the revocation period. An attorney can provide more information about how to potentially restore your driving privileges.

What happens if you aren’t convicted of impaired driving?

Refusing to take a chemical test might be an effective way to avoid a drunk driving conviction. However, the license revocation will likely stand regardless of the result of your criminal case. It’s also important to remember that a refusal to be tested can be used as evidence of guilt at trial.

If you are convicted of DUI, you may face penalties such as jail time, a fine or license revocation. These penalties may be added to those imposed for violating implied consent laws. An experienced attorney may be able to help you avoid these penalties.

(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

A conviction from DUI charges is a serious matter that can greatly impact your life and how you live it. A conviction can cost you your job or future employment, your license, or your freedom. Despite what is at stake in these charges, not many people know how to defend themselves against these charges.

Each year, police arrest more than 1.5  million people for driving while under the influence of drugs or alcohol. Because of how common these arrests are, it is important for drivers to know what their options might be.

Improper traffic stops

Police officers need to follow the law during a traffic stop, including having a reasonable suspicion of probable cause to conduct the stop in the first place. If the police pull you over without having a valid reason, an experienced attorney may be able to get a court to dismiss the charges.

Improper testing

Police rely on sobriety tests and breath tests to verify a driver’s sobriety, and the results can be a vital piece of evidence during a trial. If the arresting officer failed to perform a test properly, or if their testing equipment was malfunctioning, they may not be able to prove you were under the intoxication of drugs or alcohol at the time of the arrest.

Duress

If someone forces a drunk person to drive under the threat of injury or death, that action may count as duress. A drunk driver who can prove that they were driving under duress may be able to avoid any charges for the crime since someone else forced them to commit it.

Unavoidable

A driver may be able to avoid a DUI conviction if they can prove that their driving while intoxicated was a matter of life or death. For example, if the driver was at a party, and someone needed a quick ride to the hospital, and the driver was the most capable of driving, there may ground for a strong defense.

Do not give up

If you are facing DUI charges, you may be able to defend yourself from a conviction. Consult with an attorney right away about your charges’ circumstances and what you can do to beat them.

(This article was 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

During a traffic stop, you cannot rely on a police officer to provide accurate information about your legal rights. Police officers sometimes will try to search a vehicle even when they do not have a legal basis to demand access to the interior during a traffic stop. When is it legal for an officer to search your vehicle?

After an arrest or with a warrant

If an officer arrests someone as part of a traffic stop, they might then have reason to search the vehicle for evidence related to the alleged crime. If they arrest a driver for the possession of drugs or driving under the influence, they might search the vehicle for open containers of alcohol or other evidence of drugs. Officers can also search a vehicle if they have a warrant related to an investigation into criminal activity.

When police have probable cause

One of the most common reasons for officers to search a vehicle without a warrant is the claim that they have probable cause for the search. If the officer believes the people in the vehicle have broken the law or are in the act of doing so, they can search the vehicle, but they will need to validate their grounds for probable cause in the report they file.

When police fear for their safety

If a driver threatens the police officer or otherwise makes a law enforcement agent believe that their safety is at risk, the officer could potentially search the vehicle for weapons.

When a driver gives permission

All too often, the reason police officers search someone’s vehicle is the driver gave them permission. You might think you have nothing to hide, but you never know what former owners or previous occupants of your vehicle may have left behind. Any number of items might implicate you and result in an arrest and possibly criminal charges.

Unlawful searches could have an impact on your criminal defense strategy, and knowing your rights about the police searching your vehicle could help you advocate for yourself.

(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

If you are being sentenced in federal court, the judge will determine the recommended sentencing range under the United States Sentencing Guidelines.  Even after this is done, and assuming there is no mandatory minimum sentence requirement, there are still a number of ways to get a sentence below the recommended range.  A federal criminal defense attorney can argue for a variety of downward departures set forth in the sentencing guidelines, each of which can significantly affect the length of the prison sentence ultimately imposed.  It is important to note that these arguments must be made at the time of sentencing!   After that, it is usually too late.  There are also several programs that administered by the Bureau of Prisons that can reduce the amount of time you are actually required to serve on a sentence already imposed.  Some of the most common reasons for a downward departure are:

• Fast Track:   This is a downward departure that is commonly included in many plea agreements.  The departure is based on the idea that, by pleading guilty in an expeditious manner, you are relieving the government of the need to litigate the case.  This saves the government time and resources, which is important in a border district with one of the highest caseloads in the country.

• Criminal History:   Downward departures based on the over-representation of your criminal history may be appropriate when you have older prior convictions or your prior convictions are not as serious as your criminal history category would suggest.  This kind of downward departure could allow you to be sentenced based on a lower criminal history category than the one within which you technically fall.

• Aberrant Behavior:   This downward departure is appropriate if you have committed only a single criminal act of limited duration that was committed without significant planning and “represents a marked deviation by the defendant from an otherwise law-abiding life.”  Of course, to be eligible for this departure you must fall within the lowest criminal history category.  This departure is also not available for certain types of offenses, including serious drug offenses and offenses involving serious injury, death, or the use of a firearm.

• Substantial Assistance to the Government:   This type of departure can occur either before or after sentencing if you provide the government with information or some other service that substantially assists the government in an investigation (just remember, it’s usually not a good idea to get involved in something like this without the assistance of an attorney).  This departure generally requires a motion from the government stating that such assistance has occurred.

• Diminished Capacity:   A downward departure may be appropriate if you committed an offense while suffering from a significantly reduced mental capacity and this reduced mental capacity substantially contributed to the commission of the offense.  However, you cannot argue for a diminished capacity departure when the reason for your reduced mental capacity was your voluntary use of drugs or alcohol.

• Coercion and Duress:   If you committed an offense because of serious coercion or duress, you may have a legitimate defense at trial.  This is a very difficult defense to assert, however, because it is often difficult to prove — you must show that you had a reasonable fear that immediate, serious bodily harm or death would occur if you did not commit the offense.  If the circumstances of your coercion or duress do not amount to a complete defense, they may still be enough for a downward departure.

• General Mitigation:   A federal court can depart downward from the applicable guideline range for any mitigating circumstance that has not been adequately taken into consideration by the sentencing guidelines.  These circumstances can include virtually any reason why the crime was not as serious as the guideline range reflects or why the history or characteristics of the defendant were such that a sentence below the guideline range is appropriate.  The only cases in which a downward departure for general mitigation is not available are child crimes and sexual offenses.

There are also several common programs that can result in a reduced sentence after a defendant has been sentenced.  These programs and their corresponding sentence reductions are administered by the Bureau of Prisons (BOP).  The most common of these are:

• 500 Hour Residential Drug Treatment Program:   If eligible, your prison sentence can be reduced by up to 12 months by completing the 500-hour Residential Drug Abuse Treatment Program (RDAP). The actual reduction depends on how much time you have left on your sentence by the time the program is completed (there’s always a waiting list for entry into the program).  The average reduction is about 8 months.  It is best to get the sentencing judge to recommend you for this program at the time of sentencing.  There are some strict eligibility requirements to get a sentence reduction as a result of completing the program: (1) you must not have a conviction for a violent offense (any offense that involved the actual, attempted, or threatened use of physical force or a serious potential risk of physical force), a firearms or explosive device offense, or an offense involving homicide, forcible rape, robbery, aggravated assault, arson, kidnapping, or sexual abuse of a minor; (2) you must have a verifiable substance abuse problem and desire treatment; (3) you must be a citizen of the United States; (4) you must have at least 24 months remaining on your prison sentence; and (5) you must not have already received a RDAP sentence reduction in the past.

• Good Conduct Time Credit:   Most inmates can receive this credit for exemplary compliance with institutional disciplinary regulations, although convictions for certain offenses can prohibit an inmate from receiving this credit.  The reduction in time can be as much as 54 days per year served.

• Transfer to Residential Re-entry Centers (Halfway Houses):   The BOP often transfers inmates to residential re-entry centers, and sometimes even home detention, near the end of their prison sentences.  This is done to assist in their reintegration into society.  An inmate can spend up to 12 months of their sentence in a residential re-entry center, but the average is about 4 months.

There are numerous arguments that can be made for a sentence below the recommended guideline range — many more than are listed above.  The availability of various departures and variances depends on the specific facts of a particular case.

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

If a Tennessee police officer suspects that you are driving while impaired, the officer may ask you to submit to a breath-alcohol test. While you are not obligated to comply with the request, there can be negative consequences for failing to do so. Let’s take a closer look at what those consequences could be.

You could lose your license for at least a year

Tennessee law says that those who violate the state’s implied consent laws for the first time will lose their license for a year. The penalty increases to two years if you violate the implied consent law for a second time.

Penalties increase if you caused a crash while impaired

Failing to submit to a blood alcohol test after causing an accident that results in bodily injury can lead to a license revocation of at least two years. The revocation can be extended to five years if you refuse to take a chemical test after causing an accident that led to someone’s death.

You may be eligible for a restricted license

A restricted license allows you to drive to work, school or other limited destinations during a portion of the revocation period. An attorney can provide more information about how to potentially restore your driving privileges.

What happens if you aren’t convicted of impaired driving?

Refusing to take a chemical test might be an effective way to avoid a drunk driving conviction. However, the license revocation will likely stand regardless of the result of your criminal case. It’s also important to remember that a refusal to be tested can be used as evidence of guilt at trial.

If you are convicted of DUI, you may face penalties such as jail time, a fine or license revocation. These penalties may be added to those imposed for violating implied consent laws. An experienced attorney may be able to help you avoid these penalties.

(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

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.

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

The story has played out in the past. A man is pulled over and tells the officer that he has a gun in the car, but he is permitted to carry. The situation escalates as the officer reacts and now someone is in jail, injured or killed because someone failed to handle the situation properly. As a driver in Tennessee, how do you properly inform a police officer of the presence of a firearm during a traffic stop?

Remain calm and cooperative

Everyone understands that when police approach a vehicle, they don’t know what to expect from the driver. Police act with vigilance to protect themselves and the general public, which is why the presence of a handgun or rifle, even if you are permitted to carry, is alarming to an officer.

If a weapon is concealed, the officer may be unaware of its presence until you inform him or her of it. Acting calmly and cooperatively in this situation is vital to ensuring the safety of both yourself and the officer.

Tennessee law requires disclosure of permit at the request of an officer

According to Beretta, an Italian firearms manufacturer, drivers who conceal and carry weapons should take the following steps:

• Keep your hands on the steering wheel at all times
• Turn on the vehicle’s dome light if it is dark outside
• Only reach for items like your driver’s license when instructed by the officer
• Inform the officer you are carrying if your movement will reveal a weapon, such as one located in the glove box or at the hip.
• Ask the officer how he or she would like you to proceed.
• Produce driver’s license, vehicle registration and permit to carry as required by state law at the instruction of the officer.

Drivers who fail to use caution in this situation or do not have their firearm permit available risk administrative penalties, criminal charges or the escalation of the use of force by an officer.

Understanding how to conduct yourself if you are carrying a firearm during a traffic stop can help protect yourself, public safety and our greater Constitutional rights to bear arms and protections from unreasonable search and seizure.

(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