Baumgartner reportedly had a prescription drug problem. A problem that would have him taking drugs in his chambers during the work day and associating with drug dealers, at least one of whom he met when overseeing his case.

So far, four defendants have been granted retrials in their cases. A serious case involving the kidnapping, rape, torture and murder of two young adults is at the center of these retrials. A Tennessee Bureau of Investigation probe revealed that Baumgartner was “likely under the influence of drugs” when he presided over this case, where one defendant was sentenced to die, two to 52 years to life, and one to 22 years.

During the time period that it’s suspected Baumgartner was “doctor shopping” he disposed of 3,341 cases. Some news outlets are saying anywhere between dozens and thousands of cases could be subject to review in light of the judge’s problems though the Knox County District Attorney General’s Office says less than 40 retrials are likely.

One of the major questions about this situation is, why didn’t anyone do anything? If Baumgartner was addicted to prescription drugs to the point that he was using in his chambers, it’s likely that some people knew. Were they afraid to come forward or did they think the addiction wouldn’t affect his ability to fairly interpret and apply the laws?

Prescription drug abuse is at a high in the state of Tennessee and all over the country. This just goes to show that it isn’t only one segment of the population that is affected by drug addiction and abuse. People from all walks of life can be vulnerable to it.

Fortunately, if you are charged criminally with a drug crime, it can provide the opportunity to get help. A drug court, like the Knox County Drug Court program that was ironically co-founded by judge Baumgartner, can get defendants access to treatment and other assistance.

If you are charged with a drug offense, contact our offices today for a consultation. We can offer our legal help to you at this difficult time.

After several years of steady decline, meth lab seizures in the state reached 1,199 in 2010. This was the highest rate since 2004 when the numbers first began declining. The same trend is being seen nationwide and experts believe it is due, at least in part, to the new methods of meth making that seem to make the process easier.

They warn that these easier methamphetamine methods are just as dangerous as the old ones and although the new approaches may allow for smaller batches to be made, they can spell big legal trouble if caught.

The Tennessee District Attorneys General Conference and Governor Bill Haslam are kicking off a new campaign called “Meth Destroys” which includes a video that can be seen here at the Tennessean.com. This is the first such educational video made for students since the original anti-meth campaigns of 2005.

Obviously the campaign is made to educate kids about the dangers of meth and meth manufacturing. Most of the youth already understand there are risks when making and using meth, but the video hopes that by showing firsthand accounts of addition and even a woman scarred by a meth lab explosion days after her fifteenth birthday will do the trick in discouraging kids.

Previous programs aimed at the youth have had mixed results. The old DARE program was shown to have little effect on reducing the likelihood that a child would try drugs, despite millions being put into it throughout the years.

Meth is cheap and it’s relatively easy to make. Now that there are recipes that take little more than a package of cold pills and some things laying around the house, anyone can become a drug manufacturer and skip a visit to the dealer down the street. This isn’t just alluring to kids, it’s alluring to grown up addicts and people looking to make a quick buck too.

In July, lawmakers increased penalties for people caught with a meth lab in the home where children were present. They also increased fines and set up a system designed to stop sales of pseudoephedrine to people once they have reached a certain limit.

The penalties for meth related crimes have never been higher, nor has the motivation by officials to enforce them. If you are charged with a meth offense, contact our offices today to discuss your case and for a free consultation.

Five residential halls reported marijuana issues in the past month. The biggest recovery happened at Browning Hall where police found about a half-ounce of weed and various tools of paraphernalia. In that particular scenario there were several students involved, with all of them eventually admitting to smoking the marijuana.

But, the officer discussed the rules and state law with the students and turned their names over to the dean rather than pursue any sort of legal action. According to the Oracle, this is pretty typical for campus police unless than amount found is more than a half-ounce.

The dean of students takes a similar relaxed approach, often settling on a warning or maybe academic probation. If this isn’t the first time the student has gone before the dean on such a matter, the penalty might be harsher.

The dean states that many people expect students to be faced with much more serious penalties. He says “they expect crucifixions on the South Patio” further stating, “that’s not what we’re about.”

Both the police and the school have a significant amount of discretion. The officer could have pressed charges for the half-ounce but when taking into consideration the totality of the evidence, including things like criminal history and the amount, they rationally decided against it.

Kids will be kids and while age or college-mentality is no excuse for breaking the law, nor would it stand up as a legal defense in court, it does seem to be an acceptable rationale for the school and officers’ level of discretion in cases like these.

The same “kid”, however, caught off-campus in possession of that same half-ounce of weed may have faced a very different outcome. Had an officer found the marijuana on someone leaving a bar or behind the wheel they could choose to arrest them for misdemeanor possession. Even possession of a small amount of marijuana can result in up to one year in jail.

There is a nationwide trend toward greater acceptance of marijuana use, legalization, medical uses, and decriminalization. So it is not surprising that some law enforcement agencies are doing their own de-facto decriminalization, by essentially ignoring petty pot possession offenses, to focus on serious public safety issues.

But while attitudes towards marijuana might seem more relaxed than ever, you don’t have to look far to find someone facing serious drug charges for pot. When facing charges like this, it pays to have an experienced defense lawyer on your side.

If you are facing possession charges, whether you’re a student or a mother, contact our offices for a free consultation on your case today.

According to the Tennessean, this upswing in drugged driving could potentially lead to more targeted drugged driving laws and even better detection methods and harsher penalties.

In Tennessee it is illegal to drive under the influence of illegal drugs and also to drive when impaired by legal drugs like those you have a prescription for. The problem for law enforcement largely comes in identifying when someone is under the influence. There’s no roadside drug test like the breathalyzer for alcohol.

Although it may be obvious if someone is high on LSD or some major behavior-altering drug, prescription drug intoxication isn’t always that obvious. Things like hindered reaction times and poor coordination are far more subtle to detect than someone who is hallucinating.

With only 80 drug recognition experts statewide, law enforcement feels at a significant disadvantage when it comes to detecting drugged driving and therefore enforcing the laws.

Their report states that auto accidents involving drugs have doubled since 2003. More than likely, many of these were due to the abuse of prescription drugs. In 2005 a study analyzed 200 consecutive DUI cases sent to the state Bureau of Investigation. 77.5% of these cases involved a positive toxicology test for drugs.

So, what’s the solution? Well, training more officers to recognize the subtle signs of drugged driving is crucial but some are advocating road side drug tests and making drug and breath test refusals harder to refuse.

Interestingly, in the entire three page report from the Tennessean, rehabilitation and treatment are not mentioned. Not once. It seems obvious to me, however, if someone is addicted or even has a slight problem with drugs, treatment would be an appropriate response to help curb repeat offenders.

“Harsher penalties” typically means longer jail sentences and license suspensions—two things that have been shown to have little to no effect on DUI recidivism. While the intentions may be good (to keep the roadways safe), the solutions of the status quo are played out and entirely off the mark.

If you are facing charges of drunk driving or drugged driving, you need to speak with an attorney who understands what you are up against. Together we can work to get you the best possible results on your day in court. Contact our attorneys today for a free consultation.

Not only are they seeing more incidences of heroin busts but the amounts being seized are also greater than before. The Tennessean reports that Nashville police seized just 99 grams of heroin in 2007 and 991 grams in 2009, a huge increase in a relatively short amount of time.

Authorities are attributing this increased demand to the similar rise in prescription drugs. The one noted difference—heroin is much cheaper. So, someone may begin their addiction using prescription narcotics like OxyContin but once their tolerance increases be unable to afford the increased dosages to keep withdrawals at bay.

They can get a much larger useable amount of heroin for much less than the prescription drugs. This sort of addiction progression isn’t all that uncommon as people who are truly addicted search to get a high that is increasingly harder to achieve.

Although officials have been able to make some pretty big busts, they struggle to break up the heroin distribution rings because the people involved have created such a complex system—allowing users to place orders over the telephone and have their drugs delivered “just like your favorite pizza parlor.”

Under the law, heroin is considered a Schedule I substance—the most addictive and dangerous classification available. In most cases, however, if you are found in possession of a relatively small amount of heroin and it’s your first such drug charge, you will face misdemeanor charges.

If, however, this isn’t the first time you have faced a judge for drug charges, you will be looking at Class E felony charges and a potential prison sentence. The court system becomes rightfully less lenient as you return to them again and again.

Heroin addiction is serious and there’s a good chance that if you use heroin you are addicted. Some people don’t admit to needing help until they are arrested and forced into hitting rock bottom. If you are in need of help, we may be able to work something out with the prosecutor.

When you are facing any type of drug charges, a defense attorney can act as your advocate, ensuring you get the best results possible on your day in court. Contact us today for a free consultation on your case.

While Tennessee has always been a “good” spot for manufacturing due to location, new cooking methods have made making the drug less dangerous and quicker than ever before.

New methods only require “one pot” and a fraction of the several hours it once took. In addition, methods like “smurfing” are becoming more popular as cookers find others willing to purchase the ingredients for them.

Because methamphetamine labs were once far more dangerous and required more ingredients and longer cook times, it was harder for people to become involved in making the drug. Now, however, with manufacturing getting easier and the possibility of explosions decreasing, more and more people are making their own meth for use or for sale.

Along with a rise in production, as the Tennessean reports, law enforcement is cracking down, resulting in increased arrests and prosecutions. Being caught for manufacturing this devastating drug can land you some serious time behind bars.

Despite the easier methods and the appearance that making meth is less risky than it once was, police caution that severe injuries and even death are possible when dealing with the chemicals involved in this drug.

Whether you are accused of making or selling meth or even if you were just caught with a few grams of personal stash, you can bet the local authorities will seek to punish you to the fullest extent.

Sometimes, in cases of drug use, we can negotiate a plea agreement that will keep you out of jail. If you are addicted and want help, that could be arranged as well.

Knowing all of your options and the potential sentence you face is crucial when involved in the legal system. Having represented clients accused of drug charges in Tennessee many times before, we can help. Contact our lawyers today to discuss the details of your case.

According to Collierville Police Department Captain David Tillner states “I think it was off people’s radar because it wasn’t in the media and law enforcement wasn’t coming in contact with it much.” He goes on to explain that in the last 12-18 months, police have been seeing more of the drug.

A nine month undercover operation has most recently led to the arrests and felony charges of seven people in the area, all facing trafficking charges.

Heroin experienced its first surge of popularity in the 1970s and 80s. Now we are seeing it once again as people seek out a cheap but potent high. It is a highly dangerous drug and has been leading to an increased number of overdoses in the area as well.

Like other highly addictive and dangerous drugs, heroin is classified as a Schedule I controlled substance. Being caught with this type of drug can land you with the most extreme of drug charges. A simple possession charge can get you up to one year in jail.

More serious charges of selling or manufacturing a drug like this, however, can result in felony charges and a sentence up to 30 years in prison.

Just because heroin is on the rise doesn’t mean the courts aren’t watching for other drugs as well. Methamphetamines and marijuana are still commonly seen by law enforcement in the area.

As defense attorneys, it is our job to defend those people accused of these drug crimes. When you are charged with a criminal offense, it is easy to become discouraged and feel like no one is looking out for you. That simply isn’t the case with an aggressive defense lawyer on your side.

Call our criminal law offices today so we can talk about your case and the circumstances surrounding your arrest. We will examine everything from the moment the cops began talking with you until the present to ensure that your rights have been protected at every stage of the game.