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Nashville DUI/DWI Law Blog

Williamson County,TN. DUI Alert

Being accused of Driving Under the Influence (DUI) charges in Franklin, TN. can be tough. Prosecutors rarely reduce a DUI charge. Being charged as a multiple offender is even more difficult. Today's DUI alert is regarding bond conditions on second, third, or fourth offense DUI charges.

What is constructive possession?

Being charged with drug possession in Tennessee is no laughing matter. Depending on the quantity of drugs the prosecutor alleges you possessed, you could face stiff penalties if convicted. To convict you, however, the prosecutor must prove beyond a reasonable doubt that the drugs were yours. If officers found them in your pocket, that is pretty straightforward. But what if they found them in the unlocked console of your car and the car was occupied not only by you, but also by three passengers? Now it is not so straightforward. Whose drugs were they?

As FindLaw explains, constructive possession is a legal concept that allows a jury to infer that the drugs were yours because you controlled them even though you did not actually have them on your person. For example, if officers found drugs in your car’s locked console and you were the only one who had a key to it, constructive possession says the drugs belonged to you.

Understanding the different types of online scams

The internet is an incredible invention full of opportunities. Using the World Wide Web allows you to learn anything, talk to anyone and pursue a variety of activities, from shopping to playing games. The internet is also home to numerous types of crimes, known as cyber crimes.

Criminal activity on the internet takes multiple forms. People partake in many different types of illegal activity on smartphones and computers. One of the most common types of online crimes is a scam. Below is a list of some of the most prevalent kinds of online scams. 

Domestic violence and traumatic brain injury collide

Domestic violence statistics are alarming. The National Coalition Against Domestic Violence reports that 40 percent of women in Tennessee and 32.5 percent of men "experience intimate partner physical violence, intimate partner rape and/or intimate partner stalking in their lifetimes."

The NCADV's numbers from four years back show nearly 75,000 incidents of domestic violence crimes reported throughout the state of Tennessee, with national hotlines receiving an average of 21,000 calls per day. "Intimate partner violence accounts for 15% of all violent crime."

The Hidden Story of Tennessee Domestic Violence Charges

Since I have been practicing criminal defense law, radical changes have happened in the area of domestic violence law. Increased awareness to the problem is one of the best things that has happened. In the past , domestic violence issues were minimalized and it was a family issue. The problem has been revealed to be more complex and destructive to the family including the children. Has the pendulum swung too far ?

3 mistakes to avoid when interacting with police

Facing a criminal charge already puts you at a disadvantage in the justice system. Many of the challenges you experience while maintaining your rights are out of your control. However, you can take measures to avoid further damage to your case.

One of these steps is making sure you do not make these common mistakes in your interactions with police officers.

What are the differences between assault and battery?

If you are a Tennessee resident charged with assault and battery, you may think that these two words mean the same thing. As FindLaw explains, however, while they are similar, and an assault often leads to a battery, they are separate and distinct crimes

The prosecutor must prove your intent to commit the crime and your specific act whereby you committed it in order to convict you of either crime. Nevertheless, the intent and the act are different for assault than they are for battery.

Are you facing disorderly conduct charges in Tennessee?

Tennessee law prohibits a variety of behaviors that annoy or disrupt other people in public. If you are facing criminal charges for disturbing the peace, you may be feeling uncertain about your options.

Thankfully, you may be able to defend against these charges with the assistance of a criminal law attorney. But first, you should understand what kind of behavior the law prohibits. Here is some information about Tennessee disorderly conduct laws and potential  defenses against them.

What should you tell your children about domestic violence?

Domestic violence can have a wide range of effects on the children who experience it. They may respond with frustration and tears, withdrawal or nervousness. The child's age, the duration of the incident and his or her proximity to it can all impact the reaction. If you are a Tennessee parent caught up in a violent scenario at home, knowing how to talk to your children about what is happening may be helpful.

First, it is important to recognize the long-term effects of domestic violence on kids. The National Child Traumatic Stress Network explains the signs you may see in children when they experience a violent home life. They are more likely to become depressed, suffer from anxiety, have ongoing health concerns and endure low self-esteem. Children exposed to domestic violence also have a greater chance of becoming violent toward others and themselves, increasingly expressing a desire to commit suicide.

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