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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 Tennessee House Bill 64 repealed T.C.A. §40-15 in its entirety and amended T.C.A. §40-35-313 [important]T.C.A. §40-35-313 is entitled ” Probation — Conditions — Discharge and dismissal —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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Can Police Track Suspect by GPS Without a Warrant? Is this a Violation of the Fourth Amendment Rights Regarding Search and Seizure? The U.S. Justice Department is asking the U.S. Supreme Court to overturn a federal appeals court decision requiring police to get a warrant before attaching a global positioning device (GPS) to a suspect’s car.  Acting Solicitor General Neal Katyal urged the Supreme Court to grant cert (review of lower court’s decision) to resolve a circuit split, according to the Washington Post. At issue is whether use of the device is a “search” under the Fourth Amendment and whether a person has an expectationRead More →

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Freedom of Press and Information Act? Tennessee Senate Votes to Prevent Broadcast of 911 Calls The Tennessee Senate has passed a Bill to block public rebroadcasting of 911 emergency calls without the written consent of the person whose voice is recorded.  According to Newschannel 9 the 23 to 8 vote bans media broadcasts of 911 tapes. That includes all recordings, including that final radio call for Sergeant Tim Chapin, which was played 2 weeks ago. The Senate’s amended version does not include banning written records of those calls. Meanwhile, the House is aiming to ban the text, and that’s where the bill is headed nextRead More →

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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 →