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Bail in Tennessee – Revocation Changes in Tennessee Law Regarding Release on Bail It has long been held by the law and the courts that when a person is charged with a crime that he or she is entitled to bail – to be released from jail until and pending trial.  In setting the amount of bail the courts must consider several factors including the safety of the public. The courts and the public must keep in mind that bail is not to be used as punishment but is to guarantee the defendant’s appearance in court to answer the charge. Otherwise, the presumption of innocenceRead More →

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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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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 Tennessee House Bill 64 repealed T.C.A. §40-15 in its entirety and amended T.C.A. §40-35-313 [important]T.C.A. §40-35-313 is entitled ” Probation — Conditions — Discharge and dismissal —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 →