Tennessee Criminal Defense Legal Questions

You have a constitutional right to refuse to testify on the grounds that your testimony may tend to incriminate you. Assuming your testimony could incriminate you (not just your friend); you should advise the prosecutor of your intended refusal before taking the stand. Generally, the prosecution should not call witnesses when they are aware the witness intends to invoke his privilege against self-incrimination. However, the prosecution has the option of seeking to compel your testimony via a grant of immunity from prosecution. If the court grants the prosecutor's request for immunity, you cannot be prosecuted for any offenses you reveal during your testimony. Thus, you no longer have a right not to testify. If you continue to refuse to testify after being immunized, you can be held in contempt of court. This may result in your being jailed and/or fined. Do not fail to show up. A warrant will be issued for your arrest. I recommend you retain the services of an experienced criminal defense attorney prior to your court appearance date, who can advise you as to whether you have a legitimate concern of self-incrimination, and if so, can engage in discussions with the prosecution on your behalf. Perhaps he or she can convince the prosecutor your testimony is not helpful to, or could jeopardize the state's case, and he or she will release you from the subpoena. If not, and you are immunized, you should have an attorney present with you at your court appearance, to provide immediate representation if you are found in contempt. These are not waters you want to navigate alone.... Read More

Forfeiture laws vary between the federal system and the state system and from state to state. Generally, in order to forfeit a vehicle, the prosecution would have to establish that the vehicle was used to facilitate a drug transaction, that drugs were stored in the vehicle or that it was purchased with drug proceeds. To show the vehicle was used to facilitate a drug transaction, it is not necessary for drugs to have been found in the vehicle. Examples of conduct that might meet the state's burden include driving someone in your vehicle to a location to participate in a drug transaction or delivering drugs to a place where someone else later obtains them. In Tennessee, where you are from, vehicles that are used, or intended to be used, to transport or facilitate the transportation, sale or receipt of controlled substances are subject to seizure and forfeiture. However, forfeiture is not authorized if the offense is one of simple possession or a casual exchange of drugs. It also doesn't apply to distribution of a half-ounce or less of marijuana or to possession of drug paraphernalia. Even if the vehicle is subject to forfeiture, as the vehicle owner, you may have a defense if the act giving rise to the forfeiture was committed without your knowledge or consent. Time limits on challenging forfeitures can be very strict. If the police have seized your vehicle, I recommend you retain an attorney in your jurisdiction with experience in both defending criminal drug cases and civil forfeitures. He or she can best advise you as to whether the state has a valid forfeiture claim against you and what, if any, defenses you may have. Even if the state's case is strong, an experienced lawyer may be able to negotiate a favorable settlement for you.... Read More

If this is your first court appearance after bonding out of jail and you have not violated your bond conditions, the answer is "No." You should go to your court appearance and if you cannot afford to hire a lawyer, ask the court to appoint one for you. If you qualify financially, a lawyer will be appointed for you at no charge. If you don't qualify for court-appointed counsel, ask the judge for more time to retain private counsel. If this is not your first court appearance and the judge has previously told you that you don't qualify for appointed counsel and directed you to retain counsel, you should retain counsel before your appearance. If you are unable to afford a lawyer because the fees they quote you are too high, try to obtain a letter from each attorney you interviewed stating what their fees would be, so you can show the Judge you have made efforts to retain counsel, but even though you are not indigent you haven't been able to afford one. You should also check and see if there is a lawyer referral service in your area that can provide you with the names of lawyers who might take your case at a reduced rate. The one thing you should not do is fail to appear in court because you don't have a lawyer. If you fail to appear, your bond will be revoked and a warrant will issue for your arrest.... Read More

Federal parole is not likely to be restored in the forseeable future. Since 1987, when the Federal Sentencing Guidelines went into effect and parole was abolished, the only time an inmate can receive off of a federal sentence has been 54 days a year, commencing after the person has served 12 months. There have been efforts in recent years to increase the amount of good time a prisoner can receive against their sentence. In 2004, Congressman Bobby Scott of Virginia introduced a bill named L.E.R.A (Literacy, Education and Rehabilitation Act) in the House of Representatives that would have allowed inmates to earn up to 180 days a year good time. However, the bill went nowhere. Anyone interested in the bill should understand that thousands of bills are filed in Congress each year. All are referred to a Committee or Subcommittee and very few get consideration such as hearings. Even if support for the bill could be developed among members of Congress and the Congressional leadership, it likely would take several years before it passed and became law. Also, there likely will be many opponents of such a bill who view it as shortening the sentences of violent, drug and sex offenders whose sentences they would like to see increased. I'm sorry I can't be more positive about the prospects of shorter sentences for federal inmates, but the current political climate just doesn't allow it. However, I also don't mean to discourage you from working towards passage of such a bill. More information on the 2004 bill is available here . A good place to get information on current efforts to increase good time for federal prisoners is the ... Read More

Generally, the prosecutor only has to disclose the identity of a confidential informant if the information would be relevant or helpful to the defense - such as if he or she was an eye or ear witness to or a participant in the alleged crime, or otherwise could help the defendant establish a defense to the charged offense. In Tennessee, where you are from, the state Supreme Court has ruled that a defendant has no constitutional right to require disclosure of the informant's identity, and the decision is left to the discretion of the trial court. In making the determination, the Court balances the public interest in having people come forward with evidence of crimes on the one hand, and the defendant's need for the information to present his defense on the other. If the prosecutor argues that the informant's safety would be in danger by disclosing his or her identity, the court can may a private examination of the informant in the Judge's chambers as an alternative to denying disclosure.... Read More

Yes. The law recognizes two kinds of evidence, direct and circumstantial. Direct evidence is testimony by a witness about what he or she personally observed, heard or experienced. Circumstantial evidence is indirect evidence. It allows the jury to infer, from other facts presented and proven, that a particular fact or circumstance exists, even though there has been no direct proof of it. The only limit on inferences drawn from proven facts is that they must be logical and reasonable, and not just speculation. Here's an easy example. Suppose when you wake up tomorrow morning, the sidewalk outside your house is wet. Did it rain? There's no direct evidence of that, since someone could have used a hose on the sidewalk. The law allows, but does not require you to find from the fact of the wet sidewalk that it rained. In deciding whether the wet sidewalk is proof that it rained, a court will tell you to consider all the evidence in light of reason, experience and common sense. When a jury retires to deliberate, it is instructed that there is no legal distinction between direct and circumstantial evidence so far as proof is concerned. It is up to them to determine how much weight to give any particular piece of evidence, whether it be direct or circumstantial.... Read More

A person who intentionally or knowingly and unlawfully kills an animal belonging to another person without the owner\'s consent may be guilty of theft of that animal. In Tennessee, where you are from, the offense is a misdemeanor if the value of the animal is less than $500.00, and a felony if the value is greater. There are defenses to the charge. You may be justified in killing your neighbor\'s animal if you acted with a reasonable belief that the animal was creating an imminent danger of death or serious bodily injury to you or someone else, or presented an imminent danger of death to your animal. But, you are not justified in killing your neighbor\'s animal if at the time of the killing you trespassed on your neighbor\'s property. Put another way, the law in Tennessee provides a justification for killing an animal in self-defense, defense of another or defense of an animal, so long as the offender is not a trespasser.... Read More

False confessions occur far more frequently than people realize. Most people think, why would someone confess to something he or she never did? The conditions under which a person is interrogated may lead to a false confession. These include: duress, coercion, intoxication, diminished capacity, ignorance of the law, and mental impairment. Fear of violence (threatened or performed) and threats of extreme sentences have also led innocent people to confess to crimes they did not commit. In their book Actual Innocence, Barry Scheck and Peter Neufeld state that in studying the first 70 cases of persons convicted of crimes they did not commit who were later exonerated by dna evidence, researchers found that 15 of the convictions were the result of false confessions. If you know someone who has falsely admitted committing a crime, you should make sure that this person\\\\\\\'s lawyer knows the details. He or she can file a motion with the Court requesting that the admission be kept of evidence on the grounds that it was obtained in violation of the defendant\\\\\\\'s constitutional right to remain silent, that the defendant did not freely and voluntarily agree to answer questions and/or that the admissions were the product of over-reaching by law enforcement officers. As for the future, there is a fairly simple solution: All interrogations should be videotaped, thereby providing an objective record. This is how the United Kingdom and Alaska handle the problem and it is time for our other states to follow suit.... Read More

While the precise definition can vary from state to state, a person commits the crime of "criminal trespass" when she enters or remains on another's property without the owner's consent. In your state, Tennessee, the law infers that the person knew they did not have the owner's consent if the owner or someone with authority to act on behalf of the owner personally communicates this fact to her, or if there is a fence around the property, or if there is a sign or other posting on the property that is likely to be seen by intruders. There are also circumstances which operate as a defense to criminal trespass, such as if the property was open to the public when the person entered and remained, or the person's conduct did not substantially interfere with the owner's use of the property, or the person immediately left the premises upon request. In Tennessee, criminal trespass is a misdemeanor, not a felony. ... Read More

It is fairly common for individuals on probation to want to move to another state. Courts will often grant the request, particularly if there is a good reason for it, such as relocating because of a new job or to be closer to family. The process will likely vary from state to state, and your probation officer can best tell you how to accomplish this. Often, it is simply a matter of filing a motion with the Court requesting permission to move and asking that your probation be transferred to the place to which you want to relocate. This would mean you would report to a probation officer in your new state, either in person or by mail or phone, just as you do with your probation officer now. You would also be expected to keep up with any payments you are obligated to make while on probation, and any special conditions, such as drug testing. Your probation officer can also make a recommendation as to whether he or she can make the request for you, whether you can do it yourself or whether you should retain counsel to ask the Court for you. ... Read More

Everyone has a right to appeal a conviction for a crime. There are strict time limits on filing an appeal. Ordinarily, the appeals court considers matters of law and not facts. If you have newly discovered evidence of innocence, you can petition the trial court for a new trial, however, there may be time limits on this as well. And finally, you can bring a habeas corpus petition in federal court within one year after the conviction becomes final in state court, which means one year after the last appeal was denied. You may want to contact one of the Innocence Projects around the country, suchas the one at Cardozo Law School in New York City or Northwestern Law School near Chicago which specialize in assisting factually innocent persons in overturning their convictions, at no charge.... Read More