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December 2018 Archives

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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