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December 2018 Archives

Can I get a DUI for driving after taking a legal drug?

You understand the severity of being pulled over with a blood alcohol content over the legal limit, so you are careful never to get behind the wheel after drinking too much. However, you and other Tennessee residents may be unclear as to whether there may be criminal repercussions for driving after taking a legal prescription or over-the-counter drug.

What is an illegal stop by the police?

When the police pull you over, you may be fearful due to all of the media coverage about harmful interactions with police. You know you should cooperate to stay safe, but you also want to protect your rights.

What charges could you face from a bar fight?

Nashville has a huge bar scene. People who frequent these bars have likely seen a fight break out at one point or another, but these can lead to serious consequences for all parties involved. In one case earlier this year, a fight occurred outside a Lower Broadway bar, resulting in one man sustaining serious injuries from a stab wound.

How to avoid drunk driving charges over New Year’s Eve

Your risk of being arrested for drunk driving does not necessarily diminish once Christmas is over. As we at the Law Office of Rob McKinney are aware, New Year’s Eve can hold more potential for drunk driving accidents and arrests than Christmas festivities. You and other Tennessee residents should take precautions to get home safely and avoid spending New Year’s Day in jail.

You may be wrongfully identified

Not everyone who is convicted of a crime is guilty. There are numerous incidents where people are wrongfully chosen out of an eyewitness identification lineup, and as a result, are convicted of a crime they did not commit. Failures in the eyewitness lineup process are partially to blame for this horrendous error, as well as limitations of the human memory and a jury’s inclination to favor an eyewitness.

What happens at a preliminary hearing?

If you face criminal charges in Tennessee, you likely will enter a not guilty plea at your arraignment. The next major step in your prosecution will be your preliminary hearing. As FindLaw explains, a preliminary hearing is not a trial. Instead, it is a hearing to determine if the prosecutor has sufficient evidence against you for your case to proceed to trial.

Can I be Arrested for Assault for Threatening Someone In Tennessee ?

Can the police arrest someone for assault merely on a verbal threat? Under Tennessee's criminal laws, someone can be charged for simple assault under three different theories. One of those theories is discussed under T.C.A. 39-13-101(a)(2). Here is the wording of the statute:

What qualifies as entrapment?

Everyone in Tennessee and elsewhere knows about undercover police officers. Whether they are posed in a high-risk area to step in at the first sign of an assault or driving in an unmarked police car to find drunk drivers, the purpose of undercover officers is to catch wrongdoing without it being obvious there is a law enforcement presence. However, as you may not be aware, there is a difference between undercover officers stepping in after a crime has been committed and actively encouraging someone to commit a crime. When the latter occurs, it may be a case of entrapment.

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