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DUI in Tennessee – Third Strike and Your Out for 5 Years Effective July 1, 2011, DUI offenders have it tougher.   The State of Tennessee has not only removed DUI from the list of criminal offenses eligible for judicial diversion, but have also toughened the penalties as well.  Now if you are convicted of a third offense of DUI then you face a minimum of five (5) years suspension of driving privileges instead of three (3) years under former law. More changes in Tennessee DUI laws The new Tennessee law also removed an obstacle which prevented the court from issuing a restricted drivers licenseRead More →

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In: Chattanooga Criminal Defense Attorneys, Criminal Law, Off Beat

Burden of Proof- Should it be lower so Someone Like Casey Anthony Gets Convicted Bill O’Reilly of Fox News “The O’Reilly Factor” says ” Dumb, beyond a reasonable doubt.” Seriously?  What burden of proof should the State have to meet to deprive a person of life? Mr. O’Reilly asks “is the burden of proof too high? ” and claims that Casey Anthony’s attorney did not raise reasonable doubt as a defense, implying that the jury should not have followed that line of thinking.  Fortunately, whether or not a defense attorney “raises” reasonable doubt, the American system of justice requires criminal juries to convict if andRead More →

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Casey Anthony – Beyond a Reasonable Doubt? As the world watched, Casey Anthony, was tried and convicted by the court of public opinion.  For the entire time the trial was ongoing in the courtroom, the media with the multiple talking heads, and so called experts like Nancy Grace, and other lawyers and former prosecutors surmised and analyzed, ultimately concluding that Casey was guilty as charged.  After all this is a mother who partied and stayed silent as her child was supposedly missing, oh but wait a minute maybe Caylee accidentally drowned in the family pool.  Add to that the incredible and detailed lies that CaseyRead More →

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Tennessee Pretrial Diversion Changes, No Diversion for DUI Offenses Effective July 1, 2011, Tennessee no longer has a “Pretrial Diversion” program but judicial diversion is still available to criminal defendants. Tennessee House Bill 64 repealed T.C.A. §40-15 in its entirety and amended T.C.A. §40-35-313 [important]T.C.A. §40-35-313 is entitled ” Probation — Conditions — Discharge and dismissal — Expunction from official records” and provides the criminal court with the authority to defer further criminal proceedings in certain instances [/important] This change from pretrial diversion to only judicial diversion ultimately may appear to be a distinction without much difference.  However, under the former pretrial diversion statute theRead More →

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In: Chattanooga Criminal Defense Attorneys, Criminal Law, DUI, Featured Articles

Criminal Defense: Choosing An Attorney to Defend Your Rights When you are arrested and charged with a crime, the consequences are very serious.  Depending on the type of crime or illegal conduct that you are charged with, you may face many years in prison, loss of your job, driver’s license, family problems, and the list goes on.  The first and foremost action that you should take when accused of and illegal act – a crime- is to retain a criminal defense attorney. Get legal advice and counsel immediately. Choosing a criminal defense attorney is a serious decision and should be carefully considered. Being prosecuted forRead More →