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February 2019 Archives

Positive Drug Tests and Tennessee Probation Violations II

Drug tests and probation violations were discussed in yesterday's post. One requirement of probation in Tennessee is being subject to random drug screens. Yesterday, I discussed the information required to get the evidence admitted. Usually,I just see the probation officer testifying in court that a probationer failed a drug test. No rigorous challenge is made.

Positive Drug Tests and Probation Violations in Tennessee

A positive drug test may result in a probation violation under Tennessee law. I was in court recently in Williamson County and watched a probation violation hearing take place before my hearing. It involved a sweat patch drug test system by Alcopro. It's the first case I have seen with this drug test. The concept is that it catches the sweat then they send the patch off for testing. According to the Alcopro website, the patch undergoes a gas chromatography mass spectrometry test.

Were you the victim of police brutality?

If you experienced excessive force by a police officer while being under arrest in Tennessee, you may be the victim of police brutality. While many law enforcement officers treat their jobs with respect, and they follow the guidelines outlined by local, state and federal laws, some overstep the boundaries and treat the suspect wrong. If this occurs, a good attorney may be able to use it to your benefit in your case.

Do I Need to Hire a Criminal Defense Attorney in Tennessee ?

You have three choices of representation if you are facing criminal charges in Tennessee. First, you can represent yourself. You will be facing a prosecutor who knows Tennessee criminal law, procedure and the rules of evidence. The prosecutor will also have experience before with the judge. Second, you can ask for the court to appoint a criminal defense attorney to represent you. It could be a private lawyer who accepts appointments from the court or a public defender. You will have no choice in who represents you and no knowledge of their skill level or experience. You will also have to meet income guidelines. Third, you can select and hire a criminal defense attorney based on what you want in a lawyer and what is important to you, such as experience, trial practice, and knowledge of criminal law. Maybe a divorce lawyer that dabbles in defending those accused of a crime is who you want.

Do men have an advantage over women in breathalyzer testing?

Imagine you are driving home from happy hour with your girlfriends when a law enforcement officer stops you because you did not make a complete stop at a stop sign. He smells liquor on your breath and arrests you on suspicion of drunk driving. A breathalyzer test confirms a high blood alcohol content level, but you did not have that much to drink. Is the test fair?

Understanding the role of a protective order

Domestic violence can come in a variety of ways and be manifest in a variety of relationships. For example, a husband abusing his wife, a father abusing his son or even a girlfriend abusing her boyfriend. In each of these situations, the victim may be able to secure a protective order against the perpetrator of the abuse in Tennessee if they are prompt and thorough in seeking help. 

How much does a Tennessee DUI raise your auto insurance rates?

Having a conviction for driving under the influence on your Tennessee record can have a significant impact on many areas of your life, potentially affecting everything from your bank account to your ability to find and hold down a job. On the financial side, you will need to pay fines relating to your charge, and you may, too, need to pay to have an ignition interlock device installed on your car once you get your license back, among related expenditures.

Will I Go To Jail For My 1st Domestic Violence Conviction In Tennessee ?

Will you go to jail on a first offense domestic violence charge in Tennessee? In most cases, there is no jail time imposed on a first offense domestic violence charge, but it may depend on the county where the charges are filed. Every jurisdiction handles domestic violence cases slightly differently.

Eyewitness lineups may lead to wrongful convictions

Contrary to what many believe, not all people sentenced to spend time behind bars are guilty of committing a crime. In fact, there are a number of innocent people who have been wrongfully convicted of a crime they did not commit. According to the Innocence Project, there are many factors that can lead to a wrongful conviction. Eyewitness misidentification, however, is the most common error made in criminal trials. When people choose the wrong person out of a lineup, that person may be found guilty of committing a crime.

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