A vehicle search, just like any other search conducted by the government, is subject to the Fourth Amendment to the U.S. Constitution, which prohibits unreasonable searches and seizures and may include searches performed without a warrant. However, because vehicles are mobile, unlike homes, and because an individual’s expectation of privacy is less in a vehicle,…
“Four pounds…we’re talking two, three hundred boxes of sinus pills. There ain’t that many smurfs in the world.” –Breaking Bad Tennessee Code Annotated Title 39, Chapter 17, Part 417 makes it a crime to manufacture, deliver or sell methamphetamine, or to possess with the intent to manufacture, sell or deliver. If the amount is .5…
According to a recent Memphis Commercial Appeal article, eleven individuals have been charged this year with taking a firearm into the Memphis International Airport. Many, if not all of them likely were travelers who simply forgot that they left their handgun in their carry-on bag. When these travelers got to the security gate and put…
Diversion is the process of having a criminal charge removed from a client’s permanent record. Where I practice in Tennessee there are two types of diversion: judicial and pre-trial. Pre-trial diversion is also known as Attorney General diversion, because the A.G. (also called the D.A. or the prosecutor) has the sole power to grant it….
Tennessee’s statutory rape law is found in Title 39, Chapter 13, Part 5 of the Tennessee Code Annotated. It is a complex offense that contains numerous elements and criminalizes many different activities, and the penalties can be harsh. There are actually three types of statutory rape in Tennessee: mitigated statutory rape, statutory rape, and aggravated…
Judicial diversion is the process in criminal law where a person pleads guilty to a crime and can later have the charge removed (or expunged) from their record following a period of probation. It is granted by the judge, hence its name. This article will discuss the process and requirements of judicial diversion, but be…
Tennessee’s offense of solicitation of a minor is found in the Tennessee Code Annotated Title 39, Chapter 5, Part 9. Title 39 contains all of the state’s criminal offenses, and Chapter 5 is for sex crimes. Solicitation of a minor is a serious and complex offense because it contains so many elements and encompasses numerous…
A criminal conviction in the state of Tennessee can have serious consequences. Under Tennessee law, for instance, misdemeanors are punishable up to 11 months and 29 days in jail, and the minimum punishment for a felony is one year. Punishment and sentencing for Tennessee crimes are set out in Titles 39 and 40 of the…
If you have been arrested or been issued a misdemeanor citation in Memphis, Tennessee, one of the first things you’re going to have to do is hire a lawyer. This can be a daunting task if you don’t know one, and especially so if this is your first run-in with the law. You’re probably confused…
A Memphis federal drug charge is a serious criminal matter. Crimes under federal law can carry greater punishment than under state law, with numerous sentence enhancing factors and no possibility of parole. They require a great deal of review and preparation. This article will look at the types of drugs and criminal activities subject to…
