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Nashville DUI/DWI Law Blog

Defending yourself against weapons charges in Tennessee

Weapons charges in the state of Tennessee can bring serious penalties, and if police charged you with a crime involving firearms, you need to develop a strong defense. If you do not take the opportunity to strategically defend yourself in the face of these charges, you could end up with the harshest consequences the law has to offer when it comes to weapons convictions.

Here is a basic overview of weapons laws in Tennessee, as well as some possible defenses.

How do I clear my criminal record in Tennessee?

If you have a criminal record in the state of Tennessee, you may be wondering how you can expunge your record so you can move forward without having your record follow you. A criminal record may impede your chances of getting a job or entering an educational institution, so it is in your best interest to try to clear your record as soon as you are legally eligible to do so.

There are several steps you must follow if you wish to clear your criminal record. You also need to know the legal requirements surrounding this procedure. Here is some information to help you start the process.

When ADHD medication could get you in trouble

When a doctor identifies the medication that finally makes a difference for a person diagnosed with ADHD in Tennessee, it can lead to a huge improvement in the quality of life for the patient. People who rely on their medications to function well are often careful to take them at the right times and in the right doses. This could mean having the prescriptions with them when they are away from home.

However, as Children and Adults with Attention-Deficit/Hyperactivity Disorder, or CHADD, notes, Ritalin and Adderall are Schedule II controlled substances. So, bringing along these medications must be done in the right way to prevent trouble with law enforcement.

Gun crimes continue to rise in Tennessee

Tennessee has the dubious distinction of ranking among the top states in the nation when it comes to the number of gun crimes committed. As reported by the Nashville Patch, Tennessee ranks 14th in the number of gun deaths, with 17.1 deaths occurring per every 100,000 residents according to the Centers for Disease Control and Prevention.

The FBI reports that in 2016, 15,070 people died as the result of a gun crime, 486 of them in Tennessee. That same year, law enforcement officers recovered 10,131 guns used to kill or injure Tennessee residents, including 6,402 handguns and 1,147 rifles. As for Memphis, the Safe Tennessee Project adds that its 228 homicides in 2016 represented the highest number in 20 years. In fact, its murder rate due to gun violence was twice that of Chicago.

Understanding the criminal discovery process

For people facing criminal charges in Tennessee, one of the few good things in their lives is the criminal discovery process. This is the period after their arrest, but before they go to trial, in which the prosecution must turn over a variety of things to their attorney so (s)he has a better chance of mounting a good defense that plants reasonable doubt in jury’s minds so as to result in an acquittal. The defense, too, must turn over a variety of things to the prosecution.

Per Rule 16 of the Tennessee Rules of Criminal Procedure, the prosecution must turn over to the defense such things in its possession as the following:

  • Any oral, recorded or written statement the defendant made
  • The defendant’s prior criminal record, if any
  • The names of the defendant’s co-defendants, if any
  • Any documents, or copies thereof, upon which the prosecution will rely
  • Reports of test results, or copies thereof, upon which the prosecution will rely
  • A list of the witnesses the prosecution intends to call at trial

Arrested for being in the wrong place at the wrong time

Defendants have blamed many arrests on being in the wrong place at the wrong time. In fact, there are a number of circumstances that can result in a perfectly innocent person getting charged for a crime.

In this scenario, you may face charges of aiding and abetting another criminal act, or you might face charges for the crime itself.

Stalking laws Tennessee residents should understand

Like almost everyone else, you have heard about stalking and may have a basic understanding of this behavior, but you might not realize all that it entails, especially the laws pertaining to stalking in Tennessee. At the Law Office of Rob McKinney, we are ready to answer the questions of those who may be facing stalking charges and unsure what to do next.

If you asked a co-worker out and were declined, you might feel like asking him or her out once more after waiting a few months and giving your crush some time to get to know you better. This seems like a reasonable approach and may, in fact, work for some people. Unfortunately, your situation did not take this turn, and you are instead being accused of stalking. This may understandably make you worry about whether you could lose your job or face criminal charges.

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