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 )
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
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 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 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.
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
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.
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
Imagine a police officer in Tennessee suspects you are driving while intoxicated. After you step out of your vehicle, the officer will likely instruct you to perform three roadside tests.
Knowing what to expect during these exams may help you perform them better.
Walk-and-turn test
This test involves taking nine steps in a straight line. Feet must touch at the end of each step. Once you reach the ninth step, turn around and make nine more steps in the opposite direction.
Your arrest is possible if you stumble or your heels and toes do not connect. Officers also look for miscounting and using arms for balance.
One-legged stand test
For this evaluation, you must stand on one leg. While in this position, count out loud until you reach a specified number.
Law enforcement will look for any swaying or loss of balance. Skipping numbers and both feet touching the ground are other indications of inebriation.
Horizontal-gaze test
When you are under the influence, your eyes may jerk without your knowing. An officer will look for these automatic movements while you follow a pen or finger from one side to the other. Your head needs to remain still. The inability to stay rigid raises officer suspicion.
Alternative tests
There are other tests not approved by the National Highway Traffic Safety Administration. You may have to count backward, speak the alphabet or touch your nose with your finger. The NHTSA also sets standards for alcohol measurement device that all officers use.
Getting pulled over for suspicion of drunk driving is a tenuous situation. Follow the instructions and tests that a representative of the law asks you to perform.
(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
In the state of Tennessee, you commit a simple possession drug offense if you “knowingly possess or casually exchange a controlled substance, unless the substance was obtained directly from…a valid prescription…while acting in the course of a professional practice” (TCA 39-17-418).
A simple drug possession conviction, even one that carries probation with no jail time, will get you probation for 1 year and will stay on your permanent record forever. Which drugs will get you a simple drug possession charge? What can you do about it?
Simple Drugs and Possible Penalties
In Tennessee, a simple drug is one of the following:
- Powder cocaine
- Crack cocaine
- Heroin
- Marijuana
- Methamphetamine
- The penalties for being caught in possession of one of the drugs listed above vary depending on the amount of the drug and the number of previous offenses.
A first offense is considered a Class A Misdemeanor and will get you either:
- probation;
- court fees;
- fines; or
- a jail sentence of up to 11 months and 29 days.
The fine amount for simple drug possession will vary depending on the type of drug found on your person.
If found with marijuana, you could be fined:
- $250 for the first conviction;
- $500 for the second conviction; and
- $1,000 for the third conviction and every other conviction after. If you are convicted for a third time, you will be charged with a felony rather than a misdemeanor.
If you are found with a scheduled controlled substance (cocaine, heroin, methamphetamine), you could be fined:
- $750 for the first conviction;
- $850 for the second conviction; and
- $1,000 for the third conviction and every other conviction after. If you are convicted for a third time, you will be charged with a felony rather than a misdemeanor.
(This article taken from www.pattonandpittman.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
Understanding the Severity and Permanence of Tennessee DUIs
DUIs are major offenses in every state with the severity of punishments reflecting the seriousness of the crime. While many of the punishments are geared towards correcting behavior, such as by necessitating participation in driving safety courses, the conviction leaves a lasting stain on a Tennessee criminal record. Luckily, in some cases, the mark isn’t necessarily permanent.
DUIs that Were Dismissed or Did Not Result in a Conviction
Tennessee laws allow for any criminal charge that did not result in a conviction to be expungable. Even if you were arrested, being released without a charge offers an opportunity to seek an expungement of the event from your record.
Expungable DUI Cases
If an offense started as a DUI but was later reduced to a reckless driving or reckless endangerment charge, it is expungable under Tennessee law after five years. This is important for drivers who have been arrested for DUI in Tennessee for a first offense, as these individuals are often offered a reduced charge in return for a guilty plea, meaning many drivers charged for a DUI are instead given a reckless driving or endangerment conviction that can be removed after the necessary waiting period.
Inexpugnable DUI Cases
A DUI charge, if not reduced to a lesser charge or dismissed before conviction, will lead to a permanent mark on your criminal record. However, it’s worth remaining aware of the potential for expungement in the discussed scenarios, as many remain unaware of the freeing potential for expunction that awaits them after their reduced charges or dropped case.
(This article taken from www.pattonandpittman.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
Due to Tennessee’s vague legislative language, it can be difficult to understand exactly what type of weapon will get you convicted of a weapons charge.
As of 2013, it is legal to own any type of knife, including:
- throwing stars;
- daggers;
- dirks;
- swords;
- sword canes; and
- machetes.
Concealed Weapon Charge
There are generally no prohibited knives under statute laws, but you may still be convicted if you are concealing a knife with the intent of using it against another person. Tennessee law focuses on the intent to commit a crime rather than on whether or not the the knife is concealed.
You could get a deadly weapon charge if you:
- commit an offense with a deadly weapon, other than a firearm, with the intent of employing it during an attempt to commit a dangerous crime or escape from the scene of a dangerous crime; or
- commit an offense with a deadly weapon with the intent of employing it during an attempt to commit a non-dangerous crime or escape from the scene of a non-dangerous crime.
It’s important to note that a dangerous crime is a felony such as murder, kidnapping, manslaughter, stalking, burglary, or drug offenses. While a switchblade is legal in Tennessee, it’s important to note that if you possess a switchblade during the commission of a dangerous crime you are subject to a hefty fine or a more severe sentence.
Carrying a Knife onto School Property
It’s considered a crime for any person to possess and/or carry a knife (open or concealed) onto school property if it is not being used for the sole purpose of instruction or school-sanctioned ceremonial reasons.
School property consists of:
- buildings;
- buses;
- campus grounds;
- recreation areas; and
- athletic fields.
If you are found carrying a knife on school grounds, you could face a felony conviction with penalties of up to 6 years in prison and a fine of up to $3,000.
(This article taken from www.pattonandpittman.com )