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Criminal Defense Archives

What are the differences between assault and battery?

If you are a Tennessee resident charged with assault and battery, you may think that these two words mean the same thing. As FindLaw explains, however, while they are similar, and an assault often leads to a battery, they are separate and distinct crimes

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.

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.

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. 

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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