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July 2017 Archives

Can you be arrested for having drugs around a school?

While you may know which drugs are legal and which are illegal to possess, you may not have realized that you can also be arrested just for having drugs in the wrong location. The attempts to keep students free from the influence of certain drugs has resulted in a ban against anyone even bringing them near a school or places where children are likely to spend time. If you have been charged with possessing drugs near one of these locations in Tennessee, we at the Law Office of Rob McKinney can help you fight for your rights.

If I plan to plead guilty to DUI, do I really need a lawyer?

So you got behind the wheel after having too many drinks and then got arrested for DUI. Now you have a serious legal problem that you wish would just go away. You may be tempted to simply plead guilty to the charge, accept the penalties, and move on with your life. And by doing so, you can avoid the expense of hiring a lawyer.

About Tennessee's boating under the influence laws

Operating a mechanically-powered vessel or sailboat while under the influence of alcohol is a Class A misdemeanor in Tennessee. For the most part, the rules regarding alcohol impairment that apply on the water are the same as those that apply to drivers of motor vehicles. You can be convicted of boating under the influence (BUI) if you are found to have blood alcohol content of .08 or more. The operator of a boat gives implied consent to blood alcohol testing, just as the driver of a car or truck does. The penalties upon conviction for BUI are the same as for DUI. And during certain holiday periods, officers from the Tennessee Wildlife Resource Agency (TWRA) intensify their enforcement efforts, just as state and local police on land do.

What you need to know about a temporary restraining order

If you have been issued a temporary restraining or protective order in Tennessee, you may be confused about your rights and the rules that you need to follow. Knowing the steps that need to be taken can help your court case and prevent you from doing anything that could be considered inappropriate. We at the Law Office of Rob McKinney can help you understand exactly what is expected of you and increase your chances of a successful outcome.

What is a felony stop?

Most of us are familiar with routine traffic stops. These occur when a police officer observes a driver violating a traffic law. They are usually uneventful unless the officer finds probable cause to arrest the driver for a crime such as DUI or drug possession.

Can You be Arrested for a DUI While Sleeping in Your Car ?

One can be arrested for driving under the influence (DUI) in Tennessee while asleep in one's car. You can be arrested for DUI under two different theories under Tennessee' DUI Law. First, you can be arrested for DUI if you are operating a motor vehicle on a public road or an area open the public at large. Secondly, one can be arrested for DUI if one is in Physical control of the car or truck. Sleeping in your call falls under the physical control componet of a Tennessee DUI charge.

Tennessee’s new anti-crime legislation

As new bills are submitted and updates are made to existing laws, the consequences and penalties for various offenses are constantly evolving and changing. As of January 1, 2017, the state of Tennessee enacted several new laws that can have a major impact on your sentence if you are convicted of a serious violent crime. We at the Law Office of Rob McKinney have prepared this guide to detail the changes that have been made.

Enhanced sentencing for undocumented felons

On July 1, 2017, a new law went into effect in Tennessee that could result in longer prison sentences for illegal aliens who are convicted of felonies. The law allows judges to consider immigration status as a sentence enhancement factor. Previously, judges could consider immigration status as a sentence enhancement factor only for felons who were under removal orders.

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