Gun Laws In TN

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.

We’ve all heard the saying, “sticks and stones may break my bones, but words can never hurt me.” That’s not exactly true in Tennessee. Sometimes, words can hurt you – legally. While verbal assault may sound like a misnomer, the state of Tennessee considers it a crime if words are used to threaten bodily harm or imply an act of violence against another person. You may find yourself in hot water even if you don’t follow through on the threat!

According to the Tennessee Code (Tenn. Code Ann. § 39-13-101), a person commits assault who:

• intentionally, knowingly or recklessly causes bodily injury to another;
• intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
• intentionally or knowingly causes physical contact with another, and a reasonable person would regard the contact as extremely offensive or provocative.

So, if you threaten someone to the point where they fear for their lives or bodily harm from you, then you can be charged with assault.

How Threats Can Be Used Against You

A threat could be used to prove your intentions to harm another person, thus compounding the severity of the crime. Following through on a threat can result in more severe consequences. In our technology-driven world, evidence of threatening intent has never been easier to obtain. In the past, threats, unless shouted in mixed company, were one person’s word against another’s. Now, whenever you say anything or do anything, you have to assume you are being recorded. Even if you threaten someone over the phone, you have to assume you are being recorded there as well.

Tennessee Codes § 39-13-601; § 39-13-604; and § 40-6-303 state that only one-party consent is required for an electronic recording. It further outlines the following:

“It is not unlawful for an individual who is a party to or has consent from a party of an in-person or electronic communication to record and or disclose the content of said communication unless the person is doing so for the purpose of committing a tortious or criminal act. An individual may also disclose the content of any electronic communication that is readily accessible to the general public.”

(This article taken from  www.pattonandpittman.com )

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

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 drunk, 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 devices 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

Another part of your vehicle may be off limits from a police search. A ruling by the Ninth Circuit US Court of Appeals determined that a police officer can’t search the glove compartment to find information readily available elsewhere—such as registration.

Michael Curtis Painter was outside of his vehicle after a police chase and crash in Spokane, Washington. After his arrest, an officer opened the glove box in search of registration, finding a handgun inside. Painter isn’t allowed to carry a gun, leading to another criminal charge. The officer needed registration for the accident report, but the court ruled they could have got that information without searching the vehicle because the VIN number can be read from outside of the car and then looked up on a computer.

There are two important criminal defense matters in the story: gun rights and search and seizure.

Gun rights and convictions

This case takes place in Washington state, but we have similar rules here in Tennessee, where convicted felons can't carry firearms. Regardless if you want a gun for hunting, sport or personal protection, you lose those rights after certain convictions. Felonies that are expunged, pardoned or involve less than one year of prison time don’t fall under this restriction, which is why criminal defense can influence not just your current situation, but also what happens later in life.

Illegal search and seizure

The US Fourth Amendment protects Americans from unreasonable searches. “Unreasonable” is a continually evolving definition as technology advances. In this case, the Ninth Circuit ruled that officers can easily get the information they needed (a vehicle’s registration) without opening the glove box. Thus, a search inside the vehicle was unnecessary and unconstitutional. The charges of resisting arrest still stand, but the additional gun charges were dismissed.

An experienced criminal defense attorney will review all aspects of your case, from probable cause and search and seizure to the arrest itself. Defense requires a strong knowledge of the law, not just to review your case, but also to determine the proper charges and to fight for your future rights.

(This article taken from  www.levittandlevittlaw.com )

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

Tennessee, like most states, has specific laws in place regarding different kinds of theft. People can face criminal charges for everything from armed robbery to embezzlement. One form of theft that people tend to think of as not a big deal is shoplifting.

However, shoplifting is a serious criminal allegation that can have long-term consequences. Adults accused of shoplifting could face fines and potential jail time depending on the value of the items involved. Teenagers accused of shoplifting could also face criminal consequences. Their parents could have financial liability for the value of the items involved in the shoplifting offense.

Whether you face a shoplifting charge or your child does, developing a defense strategy is an important way to reduce the likelihood of long-term consequences from what was likely an impulsive or misunderstood act.

Shoplifting charges don’t just result from theft

One of the most common misconceptions about shoplifting is that it only occurs if you leave the store with unpaid merchandise. However, a merchant who catches you in the act of hiding, altering or otherwise manipulating products with the intention of not paying their full retail price could bring shoplifting charges against you.

Examples of situations where someone does not leave the store but still winds up charged with a crime could include:

• Replacing a price tag on one item with a tag from another
• Altering a price tag to change how it rings up
• Putting items inside another item
• Intentionally hiding an unpaid item in a purse, backpack, coat or pocket
• Moving an item into a different container or packaging
• Intentionally manipulating a cash register or similar device

You don’t even have to leave the store for loss prevention or security officers to stop you and charge you with a crime if they suspect these activities. A mistake on their part could result in serious criminal consequences for you or someone you love.

Treat all shoplifting allegations like a serious potential issue

Shoplifting isn’t just a minor issue that results in a slap on the wrist and an obligation to pay the retailer. It is a serious theft charge with real consequences. You or your child could find yourselves dealing with a permanent criminal record as the result of a simple mistake. There is also the potential for jail time and fines if the value of the items is high enough.

Working with a Tennessee criminal defense attorney could help you avoid charges or aid you in defending against them if you are not able to negotiate a solution outside of court. The sooner you sit down to talk about the situation with a defense attorney, the more time you will have to prepare a defense strategy.

(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 Tennessee, your driver's license may be suspended or revoked for many reasons. If you drive while your license is suspended or revoked, you could be charged with a misdemeanor. Jail time, fines and other penalties may result.

Reasons for Suspension or Revocation

Your license may be subject to mandatory revocation for certain convictions. For example, your license may be revoked if you are convicted of:

• manslaughter, if it was the result of your driving
• driving under the influence of an intoxicant
• a felony, if a vehicle was used to commit it
• failing to stop if you were involved in an accident that killed or injured someone
• two convictions for reckless driving within 12 months
• possessing five or more grams of meth while driving a vehicle, or
• Vehicle theft. (Tenn. Code. § 55-50-501(a)(c).)

A license may also be revoked if you fail to pay a judgment for damages resulting from negligently driving a vehicle. (Tenn. Code. § 55-50-501(b).)

Your license may be suspended for certain alcohol offenses, including driving under the influence. (Tenn. Code. § 55-10-406.) You may be eligible for a restricted license to drive to work. (Tenn. Code. § 55-50-502(c)(3).)

Your license may also be suspended if you:

have been convicted frequently enough of serious traffic offenses that the state believes you disrespect traffic laws and disregard the safety of others

• are habitually reckless or negligent when you drive
• are incompetent to drive
• fail to appear in court for certain traffic violations
• drop out of school if you are under 18. (Tenn. Code. § 55-50-502(a)(1).)

Reinstating Your License

The period of time your license is under suspension or revocation may vary. You should not drive while your driving privileges are withdrawn. After your suspension or revocation period expires, you may be required to pay a reinstatement fee, pay other fees, and fulfill other conditions before your license is reinstated.

Criminal Charges for Driving on a Suspended or Revoked License

You may be charged with a Class B or Class A misdemeanor if you drive while your license is suspended or revoked.

You may be charged with a Class B misdemeanor for a first offense. In general, the maximum penalty for a Class B misdemeanor is:

• six months in jail, and
• a $500 fine. 

You may have a minimum sentence if your license was suspended or revoked due to certain offenses, including vehicular assault, vehicular homicide, and certain alcohol offenses. Your sentence may involve:

• between two days and six months in jail, and
• a maximum $1,000 fine.

For a second or subsequent offense within 10 years, you may be charged with a Class A misdemeanor. The maximum punishment for a Class A misdemeanor may involve:

• up to 11 months, 29 days in jail, and
• a maximum $2,500 fine. 

You may have a minimum sentence if your license was suspended or revoked due to certain offenses, including vehicular assault, vehicular homicide, and certain alcohol offenses. Your sentence may involve:

• between 45 days and 1 year in jail, and
• a maximum $3,000 fine. 

If you drive a vehicle without an ignition interlock device when you are required to have one, you may be charged with a Class B misdemeanor.  Your sentence may involve:

• between seven days and six months in jail, and
• a fine up to $1,000. 

In addition, a conviction for driving with a suspended or revoked license may come with an additional $15 fine. 

Legal Help for Charges of Driving on a Suspended or Revoked License

A conviction for driving on a suspended or revoked license may come fines and even jail time. These are serious consequences that may cause problems with work or school, with insurance, and with other areas of your life. While Tennessee law provides specific penalties for a conviction, your sentence may depend on the view that your community, prosecutors and judges have of the crime. An attorney who is familiar with how these charges are handled in your area is best able to provide you with information about your individual case.

(This article is taken from  www.criminaldefenselawyer.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