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Should you take a blood or breath test when charged with DUI?

Should you take a blood or breath test when charged with DUI? That is a very complex question to answer. Usually much more complex than can be answered in a blog post, but we can kinda hit at the ...
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Should you hire an attorney?

I get asked a lot by people whether they should hire an attorney to defend a criminal charge like, DUI, or to just ask the judge to let them waive their right to counsel and plead guilty. If you are ...
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Montgomery County Suspends Drivers Licenses For Not Paying Court Costs

Tennessee law allows for your drivers' license to be suspended for not paying your costs. That is right. Don't pay your court costs, lose your license. For a theft charge. For a drug charge. ...
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Erin Andrews gets $55,000,000?!?!

UPDATE: I wrote this but then it disappeared and I just recovered it. AS I predicted, they have settled out of court for an undisclosed amount. Original blog post: The Erin Andrews trial in Nashville ...
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Stingray story in The Tennessean/USA Today on Feb.24, 2016

Those of you who have read my blogs in the past have read about the government's use of Stingray devices before. If you have not, go back and read my prior blog and do an internet search to find ...
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No Phones in Court!!!

As of February 4, 2016, any member of the general public seen with a phone in the Montgomery County Circuit and Chancery court rooms will have their phones confiscated. This is a new policy that came ...
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What To Wear To Court

A judge in Pennsylvania really posted a sign that said, "PAJAMAS ARE NOT APPROPRIATE ATTIRE FOR DISTRICT COURT." Seriously. And he is right. So then you my ask, "What is appropriate ...
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Mental Health Court in Shelby County

I just read about a mental health court that recently started in Shelby County, Tennessee, home to Tennessee's largest city, Memphis. Similar in operation to Veterans' Court or Drug, it serves ...
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Changes with Assistant District Attorneys in Montgomery County General Sessions Court

There have been a few changes in the 19th Judicial District District Attorneys Office related to General Sessions Court in Montgomery County. Hansel McCadams retired in December 2015. Mr. McCadams has ...
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Possession Is Not Ownership

Over the years I have heard similar themes involving possession of drugs and paraphernalia. "But it wasn't even mine." There are any number of ways to say it wasn't your weed or ...
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Stop Talking About Your Case!

Stop talking about your case! NOW! Stop telling your mom or friend. Or anyone else! Except your attorney! NOW! Especially stop talking about it over the jail phones or at visitation! I am putting so ...
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Veterans Treatment Court

Veterans' Treatment Court, also known as VTC, is an alternative to the regular probation program. Usually a person who completes the program ends up with an outcome more favorable than the ...
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What is an expert?

Using Experts in your case can be a vital part of your defense. A lot of people ask me what experts are. Experts are people who have knowledge and expertise in a particular field. There are different ...
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Bonnaroo Time!!

It is Bonnaroo time! It is also CMA Fest time, but this is probably directed more to the people attending Bonnaroo. Law enforcement everywhere in every county along the interstates will be looking for ...
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Drug Dog Searches Limited By US Supreme Court

A recent United States Supreme Court case involving drug dog searches after a car is stopped for a traffic stop is looking very interesting. The decision was handed down April 21, 2015. The majority ...
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Changes in Marijuana Laws in Tennessee Coming?

At this moment, both the Tennessee House of Representatives and Senate are taking up mirroring bills that would change a whole bunch of stuff as it relates to simple possession of marijuana. Senate ...
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Wanna Talk About Your Case On A Cell Phone?

I get calls to my office all the time from people who insist on talking on the cell phone about sensitive matters instead of coming to my office to discuss it in person. Sometimes talking on the phone ...
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Should I Talk to the Police?

I get asked this question a lot. Should I talk to the police? The best answer is, "Talk to a lawyer first." Over and over again I have people come to me to hire me, AFTER they talked to the ...
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Anonymous 911 Calls Can Get Your Car Stopped

The Untied States Supreme Court said this year that a law enforcement officer can legally pull your car over based on an anonymous 911 call in some situations. The vote was split 5-4 in the decision ...
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They Didn't Read Me My Rights!

"They didn't read me my rights!" I get told that all the time. It is actually aggravating sometimes. The reason is most of the time that people think it is significant is because they ...
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Drivers License Checkpoint

The Tennessee Highway Patrol has announced that they are having a Driver’s License Roadside Safety Checkpoints this Friday. That's Aug 8, 2014, but the time is uncertain. They could do it ...
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Should I Consent to a Search?

I get asked all the time about whether a person should consent to a search of the house, car or even his or her own body. It doesn't take me long. The answer is NOOOOOOO!!!!!!!! I don't think ...
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Poker and Tennessee

I am a novice poker player. I began playing around 2 years ago. Gambling is illegal in Tennessee and as a result, I have to resort to traveling 2 hours to Evansville, IN to legally play poker. I could ...
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Can DUI charges be beat?

As a DUI defense attorney I get asked all the time, "Can a DUI charge be beat?" And the answer really is, "It depends." Depends on what? Well it depends on a lot of things, but the ...
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Marijuana Legalization in Tennessee

Washington state just recently joined Colorado as the only two states that allow retail sales of marijuana for personal consumption. Washington DC just recently decriminalized marijuana for personal ...
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