Author Archives: catelawoffice

Parole is the supervised release of an inmate from prison before the full sentence has been served. In Tennessee, the Board of Parole determines when eligible inmates are released and sets the conditions they must follow. The parole system is governed by a detailed statutory framework that controls when an inmate becomes eligible, what theContinue reading “Parole in Tennessee: Eligibility, Hearings, and Conditions”

A motion to dismiss is one of the most consequential filings in a Tennessee criminal case. If granted, it ends the prosecution — either temporarily or permanently — without the defendant having to go to trial. Tennessee law provides several grounds on which a defendant can move to dismiss criminal charges, and each ground hasContinue reading “Motion to Dismiss in Tennessee Criminal Cases: Grounds and Procedure”

Tennessee’s criminal sentencing system does not treat every defendant the same way. A person with no prior criminal history faces a different range of punishment than someone with multiple prior felony convictions. Tennessee law creates a structured classification system that escalates the sentencing range based on the number and type of prior convictions a defendantContinue reading “Habitual Offender and Career Criminal Sentencing in Tennessee”

Every person charged with a crime in Tennessee has a constitutional right to see the evidence the government holds — including evidence that might prove innocence. When a prosecutor fails to turn over material that is favorable to the defense, the violation strikes at the core of due process. The United States Supreme Court establishedContinue reading “Brady Violations in Tennessee: When the State Withholds Evidence”

A drug charge in Tennessee becomes dramatically more serious when the offense occurs within a drug-free school zone. Under T.C.A. § 39-17-432, the school zone enhancement adds a mandatory minimum sentence that must be served consecutively to the sentence on the underlying drug charge. The enhancement applies regardless of whether school was in session, regardlessContinue reading “Drug-Free School Zone Charges in Tennessee: Enhanced Penalties”

Contempt of court is one of the broadest powers a Tennessee judge holds. It allows the court to punish conduct that disrupts proceedings, defies court orders, or obstructs the administration of justice. The concept splits into two distinct branches: criminal contempt and civil contempt. The distinction matters because it determines the purpose of the penalty,Continue reading “Contempt of Court in Tennessee: Criminal and Civil Contempt Explained”

Most people understand that driving drunk is illegal in Tennessee. Fewer understand that driving under the influence of a lawfully prescribed medication is prosecuted under the same DUI statute, with the same penalties, and with the same consequences for your license and your criminal record. Tennessee’s DUI law does not distinguish between illegal drugs andContinue reading “DUI and Prescription Medication in Tennessee: Legal but Still Illegal to Drive”

Arson is one of the oldest criminal offenses on the books and one of the most heavily penalized. In Tennessee, arson charges span from a Class A misdemeanor to a Class A felony depending on what was burned, whether anyone was inside, and whether someone was injured. The investigation process is unlike most other criminalContinue reading “Arson Charges in Tennessee: Elements, Degrees, and Penalties”

Tennessee overhauled its firearms laws in 2021 when the legislature passed a permitless carry statute that took effect on July 1 of that year. Under the new framework, adults who are at least 21 years old and who meet certain eligibility requirements can carry a handgun in most public places without obtaining a permit atContinue reading “Tennessee Weapons Laws: Permits, Permitless Carry, and Criminal Charges”

Nashville criminal defense attorney Nathan Cate explains mandatory minimum sentences in Tennessee, the 85 percent release eligibility requirement for violent crimes, repeat DUI minimums, and how plea bargaining interacts with mandatory floors.