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November 2018 Archives

Rutherford County,TN. Criminal Law Alert

Every county in Tennessee has little quirks on how they handle certain issues. While all counties in Tennessee uphold the criminal laws for the State of Tennessee, the procedures in each one may vary. Here is a case study on the judicial diversion process in the General Sessions Criminal Court for Rutherford County.

Pedestrians ,Crosswalks, and Nashville Traffic

Drive in downtown Nashville anytime of the night or day you will likely see a near miss of a pedestrian being hit by a car. One reason is that, with the exception of Lower Broad, people frequently fail to use the crosswalks. Secondly, people are using their phones when crossing the street. Pedestrians who are using their phones cross the street at a slower pace. This behavior may increase their risk of being hit by a car or maybe even a scooter. A recent study found that pedestrians using their cell phones take smaller steps and walk more erratically. According to the paper's author, Tare Sayed,"[t]he longer you are in a crosswalk, the longer you are exposed to potential conflicts and collisions."

What is voluntary manslaughter?

Whenever someone’s actions result in the death of another, you can almost be assured there will be criminal charges, if authorities determine the fatality resulted from negligence or ill intent. This may be true even if there was no intent for anyone to be harmed, but the activities involved recklessness or a lack of common sense that could have been avoided. The charges become even more serious if intentional violence was involved. You and other Tennessee residents who are facing manslaughter charges need to understand what this kind of charge entails.

Shootings in Nashville on the rise

The number of shootings in the city of Nashville has increased since 2016, according to statistics from the city's police department as well as media reports. However, when it comes to examining a city's crime rate, several factors come into play.

Should You Talk with an Investigator from the Tennessee Board of Nursing ?

Your first clue of an impending case before the Tennessee Board of Nursing is when you get a call or visit from an investigator from The Tennessee Department of Health. What should you do? Should you talk to them? Should you call a lawyer that handles cases before the Board of Nursing?

What is the new cell phone domestic violence law?

Domestic violence situations are some of the most sensitive situations handled under the law. If you have been a victim of domestic violence, you know how tough it is to get completely away from your abuser. One way many abusive partners maintain control over their victims is through their cell phones. You probably have a cell phone under a plan. If your plan is in the name of your abuser, it allows him or her to maintain contact with you and even find out where you are at any given time. According to the Tennessee State Courts, lawmakers recently passed a law that makes it easier for victims to seek their independence through their cell phones.

Why road rage is becoming so commonplace

While possibly every Tennessee driver has given in to aggressive behavior such as speeding or ignoring a traffic signal at least once, road rage is not quite so widespread. However, more and more motorists are finding that they are losing their tempers to a degree that they may not experience when not behind the wheel. According to WebMD, this is not simply a perceived phenomenon; road rage has deep psychological roots.

Will I Go To Jail If Arrested For Aggravated Assault In Tennessee ?

All criminal charges in Tennessee carry the possibility of jail time - even speeding. First, let's review the possible punishment for aggravated assault under Tennessee law. Aggravated assault carries a full range of punishment, including three to fifteen years in jail, if one is convicted. The big question is whether you will be sentenced to jail.

Why Tennessee's Criminal Discovery Rules Are Obsolete ?

It is high time that Tennessee's criminal discovery rules change. Here is just one example. The Tennessee Bar Journal reported on a recent disciplinary sanction for a Tennessee lawyer. The lawyer wrote a book on a couple of murder trials that he had prosecuted. In the book, he discusses some facts that were not disclosed to the accused. It was an apparent Brady violation to not disclose favorable or exculpatory evidence to the defense. Once the convicted murderer discovered the disclosure, he filed a bar complaint, a motion for a new trial and a petition error coram nobis. It was alright for the lawyer to disclose the facts to sell his book, but the violation came from him withholding those facts from the defendant during the trial. Both federal and state prosecutors in Tennessee have banded together to fight the Tennessee Board of Professional Responsibility's new ethical rules mandating the disclosure of favorable or exculpatory evidence in criminal matters.

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