Tennessee Criminal Defense Legal Questions

Depending on the amount allegedly stolen and the jurisdiction where the event occurred, shoplifting can be met with a mere citation (infraction), or charged as a misdemeanor or even a felony, with possible jail sentences of 6 months to 3 years. It will be up to the D.A. to determine how the crime will be charged. I suggest that you hire an experienced criminal defense attorney to represent you and get you the best deal possible.... Read More

The charge of Possession of a Schedule VI Controlled Substance (Marijuana) when the amount is between 1/2 ounce and 10 pounds is a Class E Felony, punishable by between 1 and 6 years and a minimum fine of $ 2,000. Depending on the person's prior record will dictate the number of years between 1 and 6. Also, if it alleged to have been within 1,000 feet of a school, the punishment is enhanced.... Read More

Unfortunately that is the way it is in most jurisdictions. but an expereinced lawyer can handle on PH with little preparation. remember, thats what the PDs do day in and day out. if you were to be operated on, you would want someone that does it every day, not a suburban GP who has to get out the medical books to figure out where to make the incisions.... Read More

The 2001  Attorney General Guidelines that you may be referring to are federal guidelines for federal law enforcement officers, such as the FBI, with respect  to working with confidential informants. You can read a copy here. They were created under Former Attorney General John Ashcroft in 2001. They are not applicable to local law enforcement, unless adopted by them or perhaps working on a joint investigation with local law enforcement..Tennessee, where you are from, has its own guidelines for confidential informants. One set, Procedures for handling cash transactions Related to undercover investigative operations of county and municipal drug enforcement programs ,” current as of May, 2012, is available here.   Law enforcement guidelines are considered internal procedures for the agency that implemented them. With the federal guidelines, because they are merely guidelines, and do not have the force of law, a showing of a failure to comply with the guidelines ordinarily will not be a grounds by itself to dismiss a criminal case. You should consult with an experienced criminal defense attorney in Tennessee, who can tell you what weight the TN courts give to its  states’ guidelines.Jeralyn E. Merritt Ask a Lawyer Panelist Since 1998.    ... Read More

Yes.  Police may use informants with criminal records in undercover activities , such as controlled buys of drugs, guns or other contraband. The informant may be paid with money, or with promises for lenient treatment or immunity from prosecution for his own misdeeds. If the informant was directly involved  in the  controlled purchase of the firearm, for example, if you handed it to him and he paid you for it, or he was “an eye and ear witness” to the sale, and he is going to be a witness at trial, the prosecution will have to disclose his past criminal history before trial. The defense will bring his past record to the attention of the jury during its cross-examination of the informant, and argue to the jury in closing that he should not be believed.  The jury will make the ultimate decision on the informant’s credibility. In many jurisdictions, juries are instructed that the testimony of an informant should be viewed with greater caution than that of an ordinary witness. Some jurisdictions use an instruction that advises jurors that if the informant’s testimony is not supported by other evidence, they should not convict unless they believe the informant’s testimony  beyond a reasonable doubt.Thus, it is critical to examine any evidence police have to support the charge besides the informant’s testimony.  Exposing the informant’s past history of lying may not be enough for an acquittal if there is substantial other evidence supporting his account.  In controlled buys, police may wire the informant to record the transaction, photocopy the serial numbers of the currency provided to him to buy the gun, and search the informant immediately before and after the buy, to establish that the gun or money was not obtained  elsewhere. Such additional evidence allows the prosecution to argue the case does not hinge solely on the informant’s testimony. I recommend you consult with an experienced criminal defense attorney in your jurisdiction, who will be familiar with the practices used by  local law enforcement in controlled buys. He or she can listen to your account of what transpired, review the police reports, and advise you as to potential defenses, including affirmative defenses, such as entrapment.  Jeralyn Merritt, Ask a Lawyer Panelist Since 1998  ... Read More