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January 2018 Archives

Understanding plea bargaining

The truth about criminal prosecutions is that many of them never even go to trial in the first place. Before a prosecution reaches the trial stage, a lot of cases are settled out of a Tennessee court with a plea deal. Ultimately, the choice to pursue a plea bargain is up to a defendant. Here’s a look at how plea bargaining works and why both defendants and prosecutors pursue it.

Understanding false arrest

Being arrested by the police can be a humiliating and angering experience for people in Tennessee. Some people may believe they have been arrested wrongly, especially if the charges are dropped or if they are acquitted in a court of law. However, proving false arrest is actually difficult. Furthermore, false arrest is not always committed by police.

Shoplifting Charges in Tennessee

Shoplifting charges in Tennessee are treated very similar to theft charges. Consequences of a shoplifting conviction brand you as a thief and the courts consider you convicted of a crime of dishonesty. The government does not have to prove that you  exercised control of the property pursuant to the theft law found at Tennessee Code Annotated 39-14-103. A different set of factors apply.

Many problems with child witnesses are likely here to stay

As some cases have shown, there can be many problems with witness testimonies. Often, these issues start with investigators. For example, officers may have administered an unfair photo identification or lineup, or asked a witness leading questions. Sometimes, other things cause problems, such as dim lighting or a cross-racial identification, to name two scenarios. Once in a while, a witness outright lies.

Signs of excessive alcohol consumption

The reason state government takes driving under the influence (DUI) so seriously is because alcohol consumption can dangerously impair the motor skills of Tennessee drivers. In fact, the Centers for Disease Control and Prevention states that almost a third of all traffic-related deaths involved alcohol consumption. Certain health signs can manifest after consuming alcohol, all of which should alert a person not to get behind the wheel.  

Special concerns when falsely accused of cyber crime

Along with the increasing connectivity of the world and the prevalence of computers in our daily lives, we have been observing a corresponding increase in the number of our clients facing spurious allegations of cyber crime in Tennessee. At the Law Office of Rob McKinney, we consider it our duty as criminal defense attorneys to mitigate the long-term consequences this type of criminal charge might have for our clients. 

2 defense strategies for fighting a prescription drug charge

Law enforcement everywhere is cracking down on the abuse of prescription medications. If you find yourself facing an illegal prescription drug charge in Nashville, you might be wondering what you can do to avoid a conviction. Drug charges are very serious and can derail your life in ways you cannot imagine. A conviction can result in jail time, a fine, a criminal record and other penalties. It is important for you to act swiftly to improve the chances of a favorable outcome. 

Murfreesboro, Tennessee Criminal Law Alert

The criminal court process has changed recently in Murfreesboro, Tennessee. for the better. First, the back story on the change. Rutherford County,Tennessee, was sued in federal court for its use of a private probation company. One of the allegations was that folks on probation were kept on probation longer so the company could make more money in probation fees.The case was settled however some chamges were proposed.

Can a breathalyzer give a false positive?

If you get stopped on suspicion of driving under the influence of alcohol, you will likely be given a breathalyzer test by the officer. This is one test that Tennessee law allows to help the officer determine if you are under the influence of alcohol. It is done through a machine that measures your blood alcohol content.

Is it safe to use social media while awaiting trial?

When facing criminal charges in Tennessee, you may wonder if you can use social media. You may already realize how precarious your situation is and are reluctant to put yourself in further jeopardy. As much as you would like to turn back the clock, you cannot. Now, you must do what you can to improve your chances of getting an acceptable outcome.

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