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Nashville DUI/DWI Law Blog

Are drug courts effective?

If you receive a drug charge in Tennessee, there is a chance that you may receive an offer to enter a drug court program as an alternative to imprisonment. Whether you receive such an invitation will depend, at least to some extent, on your criminal history and the details surrounding your crime.

Drug courts seek to help drug addicts beat their addictions and keep them from committing other drug-related crimes, and according to the National Association of Drug Court Professionals, they work quite well. Part of the reason drug courts are effective for so many lies in the fact that they essentially force compliance in terms of abstaining from drug use. This is true because, as a participant, you must make regular appearances before a judge and undergo regular drug testing and counseling.

Understanding vehicular homicide

Understanding vehicular homicide

At the Law Office of Rob McKinney in Tennessee, we know that good people can sometimes make bad choices. For instance, you may have been at a sports bar cheering on your team with your friends and lost track of how much you had to drink. On your drive home, you were involved in an accident that resulted in the death of someone in the other car. You did not intend to cause an accident and you certainly did not intend to cause someone’s death. Nevertheless, you were charged with vehicular homicide.

Answers to frequently asked questions about Tennessee gun laws

As you know, the Second Amendment of the U.S. Constitution gives U.S. citizens the right to own firearms. However, states are able to establish certain limitations to how guns are purchased, possessed and carried. 

Tennessee gun laws are relatively mild, but there are certain restrictions you should be aware of. Here are answers to common questions about owning a gun in Tennessee: 

A Checklist for Going to the Sumner County, TN. Jail

Need a checklist for doing a weekend in the Sumner County,TN. jail ? I didn't think a checklist was needed until last week. I posted last week on a checklist for going for a court appearance. A friend send me a message that I needed to include a checklist for spending a weekend in the Sumner County jail. Unfortunately, this is based upon her personal experience for women.Her is the list for women and you can guess the modifications for a male inmate.

The severity of felony DUI charges in Tennessee

Tennessee drivers who find themselves facing felony DUI charges may not initially understand just how severe these charges are. If convicted of a felony charge, it can potentially negatively alter a person's life for an extended period of time.

The Tennessee Department of Safety & Homeland Security states that there are many different categories of DUI that can invoke a felony charge. This includes:

  • Aggravated vehicular assault
  • Child endangerment
  • 4 or more DUI offenses
  • Vehicular homicide

A checklist for going to criminal court

Going to criminal court for a court appearnace can be stressful. Especially if it is your first time going to criminal court. Here is a short checklist for putting your best foot forward at your criminal court appearance.

Guiding teenagers through a drug charge

Even with the best guidance, your teenager can still make mistakes, and sometimes these mistakes may include drug possession. Rob McKinney understands that when this situation occurs, you want to know how to help your child.

One thing you and your spouse need to understand is that you may not always be able to be as involved as you would like. Forbes says that if your child is questioned concerning a drug charge, you are not always allowed to be in the room. This is because when someone is questioned, their federal rights allow them to have a lawyer. You may be able to be in the room if you ask the law enforcement officer who is questioning your teenager, but it is important to remember that you are not legally required to be there.

How to not derail your criminal defense

Whether you are a college student or a mid-career professional in Tennessee, a criminal charge can have a damaging effect on your future. It is normal for you to make mistakes, but when those mistakes result in you facing a criminal charge, you must consider the seriousness of your situation quickly. Out of  concern for your legal expenses, you may be thinking about going with a public defender. But with the stakes so high, you may want to consider obtaining representation from a highly experienced private defense attorney.

Whatever you decide, you should avoid making some mistakes that could derail your chances of obtaining a good outcome in your case.

When can the government seize property?

The notion that a person is presumed innocent until proven guilty is one of the bedrock principles of American law. But it applies only in the sphere of criminal law, not civil law. The sad fact is that Tennessee law allows property to be taken from a criminal defendant or an innocent third-party, even if that person has not been convicted of a crime. It's called civil asset forfeiture.

Unfair? Unjust? Un-American? Yes, and it gets worse. Consider the fact that civil forfeiture laws allow a portion of the assets to go to the law enforcement agency that seized them. Critics say that the practice incentivizes law enforcement agencies to take assets even when the evidence linking those assets to a crime is less than solid.

Can a personal breath tester help you avoid a DUI?

Wearable biosensors that measure the heart rate and count steps are all the rage these days. There is one type of device that has a unique application - a personal biosensor that measures a person's blood alcohol content. Whether you are a regular drinker or just an occasional one, such a device could help you avoid getting arrested for DUI. But before you put your trust in a personal breath tester, there are some things you need to know.

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