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When police find drugs in a car, a house, or any shared space, the question of who those drugs belong to becomes the center of the case. Tennessee law does not require the State to prove that drugs were found in your hand or in your pocket. Under the doctrine of constructive possession, prosecutors canContinueContinue reading “Constructive Possession in Tennessee Drug Cases: What the State Must Prove”

A DUI charge in Tennessee is serious on its own. When there is a child under the age of eighteen in the vehicle, the consequences become significantly worse. Tennessee law treats driving under the influence with a minor passenger as an aggravated form of DUI that triggers enhanced penalties including mandatory minimum jail time thatContinueContinue reading “DUI with a Child in the Car in Tennessee: Enhanced Penalties”

Evading arrest is a criminal charge that can turn a minor encounter with law enforcement into a serious felony case. In Tennessee, the charge of evading arrest under T.C.A. § 39-16-603 applies when a person intentionally flees from an officer who is attempting to make a lawful arrest. The penalties depend on how the personContinueContinue reading “Evading Arrest in Tennessee: Charges, Penalties, and Defenses”

Tennessee law imposes a legal duty on every driver involved in a traffic accident to stop, provide identification and contact information, and render aid to injured persons. Leaving the scene of an accident, commonly called a hit and run, can result in criminal charges ranging from a Class B misdemeanor to a Class E felonyContinueContinue reading “Hit and Run Charges in Tennessee: Leaving the Scene of an Accident”

A bench warrant is an order issued by a judge directing law enforcement to arrest a specific person and bring them before the court. In Tennessee, bench warrants are issued for a variety of reasons, but the most common are failure to appear for a court date, violation of probation conditions, and contempt of court.ContinueContinue reading “Bench Warrants in Tennessee: What They Mean and What to Do”

If you have been told that your case is going to a grand jury in Tennessee, you probably have questions about what that means and what happens next. The grand jury is one of the oldest institutions in American criminal law, and Tennessee still uses it as the primary method for bringing felony charges. UnlikeContinueContinue reading “Grand Jury Process in Tennessee: Indictments, Presentments, and Your Rights”

The Fourth Amendment to the United States Constitution and Article I, Section 7 of the Tennessee Constitution protect individuals against unreasonable searches and seizures by the government. These provisions are the foundation of criminal procedure in Tennessee and across the country. When law enforcement officers search a person, a vehicle, a home, or a phoneContinueContinue reading “Search and Seizure in Tennessee: Your Fourth Amendment Rights”

Tennessee is a stand your ground state. Under Tennessee law, a person who is not engaged in unlawful activity and is in a place where the person has a right to be has no duty to retreat before using force — including deadly force — in self-defense. This principle, codified at T.C.A. § 39-11-614, meansContinueContinue reading “Tennessee Stand Your Ground Law: When Self-Defense Applies”

Tennessee imposes a strict zero-tolerance standard for drivers under 21 who are found to have any measurable amount of alcohol in their system. While the standard DUI threshold for drivers 21 and older is a blood alcohol concentration (BAC) of 0.08, drivers under 21 can be charged with underage DUI at a BAC of justContinueContinue reading “Underage DUI in Tennessee: Zero Tolerance for Drivers Under 21”

When a driver is arrested for DUI in Tennessee, the officer’s decision to request a blood draw sets off a series of legal requirements that must be followed precisely. Blood evidence is the centerpiece of most DUI prosecutions, and the procedures the State must follow to obtain and process that blood sample are governed byContinueContinue reading “DUI Blood Draw Procedures in Tennessee: What the Law Requires”