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November 2017 Archives

How does Tennessee define first degree murder?

If you are a Tennessee resident charged with first degree murder, no one need tell you that you are in very serious trouble. As FindLaw explains, under Section 39-13-202 of the Tennessee Code, there are three kinds of deaths that are considered to be first degree murder.

Drinking puts college students at risk for DUI and other charges

The first few months of your freshman year of college are out of the way and you are feeling established in your new life. You might be feeling optimistic about your future and happy with your new friends and social life, as well as a little overwhelmed about your classes and studying. For you and many other Tennessee students, drinking in college can be a good way to socialize, let off steam and cope with a heavy workload. For this reason, you need to understand the risks you might face if you drink too much or make a mistake while intoxicated.

Understanding protection orders

In Tennessee, law enforcement officials may intervene in alleged domestic violence situations to prevent contact between the people involved. These court mandates may be either protective or restraining orders, and it is important to understand the specific types so that you do not inadvertently violate the terms of the order. At the Law Office of Rob McKinney, we work to protect our clients from false accusations and unfair restrictions that may result.

What is a controlled substance?

The stereotype for someone facing drug charges is often a homeless, desperate person who has an uncontrollable addiction. While there are people in Tennessee who meet this description, there are many others who don't. Quite often, it is everyday people who get mixed up with drugs and the judicial system.

What you need to know about vehicular assault

Leaving the bar, you may not have felt that the drinks you had impaired your ability to drive. However, after the accident, you're not so certain. But you do know that whether you were drunk or sober, there was nothing you could have done that would have changed the outcome.

Defending Tennessee Shoplifting Cases

Shoplifting charges are simply theft charges. However, they are different. Shoplifting is taking merchandise from the store owner. The state does not have to prove they exercised control over the merchandise.Because it is a store, some issues are a little less clearcut. Here is on example. The theft prevention peples allege you took the property past the point of sale. Taking property past the last point of sale is not an element of the crime. Here are some facts to consider in defending shoplifting cases.

Revisiting the 2016 Gatlinburg fires

The U.S. Fire Administration defines arson as "willful, malicious, intentional and/or reckless burning" and "wildfire arson" as burning "underdeveloped wildland or uncultivated land comprised of forest, brush or grassland." In November 2016, wildfires raged through Tennessee's eastern mountains, leaving 14 dead and 200 physically injured. 

Venue in Goodlettsville Police Department DUI Cases

Venue may be tricky in Goodlettsville,TN. DUI cases. Goodlettsville is one of the few cities that I know of that is located in two counties. Goodlettsville Police Department has jurisdiction in both Sumner County and Davidson County. Venue is simply where the crime is committed. Proving venue is important. The Tennessee Constitution requires the case be tried in the county where the crime was committed.

When law enforcement cannot search a car for drugs

Tennessee drivers who are pulled over for a traffic violation should be aware of their rights regarding when a law enforcement officer can search their vehicle for drugs or anything else. The Legal Information Institute explains that these traffic stops are often called Terry stops based on the landmark 1968 U.S. Supreme Court decision in .

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