While there are significant privacy concerns, at least one officer says those are offset by the number of criminals he expects to catch.

A Gallatin detective, who has the scanners already mounted on the front, rear, and sides of his patrol car, is a big advocate for the technology, saying it can help locate stolen cars and identify people who aren’t supposed to be driving.

Interestingly, however, he has only found one “stolen” license plate. The scanner picked up on a plate that was stolen, but the plate was actually a piece of cardboard marked with Sharpie. The owner had made the plate to substitute for the one that had been taken.

The scanners capture all license plates in range and check them against criminal databases, looking for fugitives, stolen vehicles, sex offenders, and even people who haven’t paid taxes. If you pass by the scanners, your plate is captured too.

There are many concerns with scanners like these. In particular, what else can the images be used for and how long will they be kept on file? Also, can they be considered public information? If so, it opens a whole host of additional concerns.

Such scanners are being used across the country and throughout the country people have concerns.

In some cities, the databases holding the information have been made public. According to the Tennessean, “Once the database goes public, police department restrictions about who can search through it lose their meaning, opening possibilities for commercial ventures, and also for anyone who might be looking to find where someone shops each day or parks each night.”

Some departments have set their own policies regarding how long the license plate scans can be held on file and what exactly they can be used for. In Sumter County, they say they are planning on addressing these matters after the new cameras have been installed.

Your privacy is important, and although advocates for cameras like these say you can’t have an expectation of privacy while driving in public, the potential for abuse of these scans is high and should have you concerned.

When you find yourself in legal trouble, whether for a stolen vehicle or driving on a suspended license, you face serious potential consequences. Contact us today to discuss what your options are and what can be done to minimize the effects of your case.

The Memphis Police use a 48-hour hold when they want to detain someone but still have some investigations to do. The court says this is a violation of the 4^th Amendment, which protects against arrests without probable cause. The judges also stated that the holds violate the state constitution.

According to the decision from the Court of Appeals, “The rankly unconstitutional 48-hour hold utilized in this case is the product of a police department policy, a policy condemned by this court repeatedly in the past.”

A police spokesperson, Karen Rudolph, says she can’t speak specifically on that case because legal action is still pending. She did, however, say that the police only detain people when they have probable cause to do so.

The Shelby County Sherriff’s Department has also used a 48 hour hold in previous years, though only employing it six times in 2011. The most recent ruling, however, has moved them to cease the holds altogether.

A County Commissioner is concerned that the policy will open the county and/or city up to lawsuits if the departments keep using the hold despite the now-three court rulings. Local judicial commissioners signed off on 992 such holds in 2011.

Though Judge L. Lambert Ryan, who oversees the judicial commissioners, believes the policy is “within the parameters of the Fourth Amendment,” the higher courts most obviously do not.

“The 48-hour hold does not quite have the probable cause needed for charging as in an Affidavit of Complaint.” This means that the amount of evidence establishing probable cause needed to actually charge someone with a crime, is more than the amount needed to hold someone for 48 hours. This would suggest, as the Appeals Court says, that the necessary level of probable cause to make the hold constitutional is not being met.

In the case that the Appeals Court was ruling on, the defendant will get a new trial, for murder. He was held for 48 hours and it was during this time that he confessed. His attorney argued that he would not have made the confession if it weren’t for the pressure of the illegal hold.

In situations like this it can seem like the cops, or the police department, make the rules as they go along, without any accountability. If you are the defendant in a criminal case, this is especially true, but the criminal court process has specific rules.

Whether you are being held for investigation into a violent crime or if you have been arrested for something like DUI, we may be able to help. Contact our offices today to discuss the details of your case.

If Haslam’s plan passes, a second conviction for domestic violence will land you a minimum of 45 days in jail. A third or subsequent conviction will result in 120 days in jail. While the sentences don’t seem to be too long, any time a mandatory minimum is put in place, it is significant.

For the past two years, Tennessee has ranked number 5 in the nation for women being killed by men. Over half of all reported violent crimes are related to domestic violence, according to the Tennessean. And Haslam, as well as many lawmakers, thinks that mandatory minimums can help.

“It’s kind of like some changes we made in our DUI laws years ago to provide mandatory jail time,” says Bill Gibbons, director of the Tennessee Department of Safety and Homeland Security. “That had an impact, and I thik reduced the number of drivers out there who are drinking too much a driving.”

What’s missing in Gibbons comparison, however, is that the DUI offenders are required to attend a DUI school, helping them to understand their offense and how to prevent it. Haslam’s recommendations say nothing about batterer’s intervention programs.

While jail time might be a negative effect of a criminal conviction, it often doesn’t deter people from committing crimes, particularly those that are as emotionally wrought as domestic violence. Instead, domestic violence offenders need help in understanding why it is they do what they do and how to change those behaviors.

“Do I think they should go to jail? Yes,” said Kenneth Baker, program director of Behavioral Treatment Providers. “But they’re going to be out sometime in the free world. He’s going to come out the same. Nothing’s changed except he’s served time.”

Resources are limited in the state and without a large investment, a mandatory batterer’s intervention course would be impossible. Only 32 counties have state-certified intervention programs in place.

Another point to consider is the likelihood of a victim testifying when they know a conviction will require jail time. Though domestic violence victims don’t like to be hurt, the relationship between them and their abuser is often complex and difficult.

Domestic violence charges are a serious matter and even without mandatory minimums in place you face serious consequences. If you are charged with a domestic violence offense, contact us today to see what we can do to help you.

Casey Monroe, a Memphis photojournalist with ABC 24 News was outside a downtown restaurant last week when he saw the owner of the restaurant being arrested. He was asked to leave the scene by the police but told the officers he was a journalist. He was briefly detained in the squad car and then released.

After this initial release, Monroe went into the restaurant and got his cell phone. He returned outside, told the officers he was a member of the press, and began filming. An officer told him to stop and he again informed the officer of his rights as a journalist to film the arrest on public property.

Monroe was cuffed and placed on the squad car. The police took his personal items, including his phone. When he was released a short time later, the two photos and single video that had been on his phone had been deleted.

Controversy surrounding the filming of police is something we’ve been hearing a lot of in recent years. Though the misunderstandings usually occur between average citizens, the Occupy movements have shown that even the press can be bullied and hassled for their photography and videography.

Journalist or not, the police were acting in their civil duty while in a public place, and by all accounts, Monroe was not disrupting the arrest, merely observing it.

Just last month, the U.S. Department of Justice made their opinion clear on the matter when they said, “The right to record police officers while performing duties in a public place, as well as the right to be protected from the warrantless seizure and destruction of those recordings, are not only required by the Constitution. They are consistent with our fundamental notions of liberty, promote the accountability of our governmental officers, and instill public confidence in the police officers who serve us daily.”

The seizing and deletion of Monroe’s phone and contents marks a violation of his 4^th Amendment right to be protected against illegal searches and seizures. Had he faced criminal charges, such a violation by police could have ruined the prosecution’s case against him.

When evidence is seized in a criminal case, it must be done in accordance with the law and your constitutional rights. When it is not, the evidence could be suppressed in court.

If you are facing criminal charges and have questions about the evidence against you, contact us today for a free consultation.

On one hand are gun rights advocates who believe there should be little restriction on where a lawful gun owner stores his weapon. On the other side are property rights advocates who worry about mandating private business owners to allow their employees to keep weapons on the property. Of these interests, Haslam says, his party takes both “very, very seriously.”

Haslam expects the bill to pass but believes it will be more limited than the initial draft. He doesn’t say what changes might be made, however.

Not surprisingly, the bill is supported by the NRA, of whom a spokesperson says, “Essentially what this bill does is to allow a legally possessed firearm to be kept in your vehicle out of sight on private property.”

Some are concerned that the firearms could be asking for trouble in cases of disgruntled employees. More than likely, however, a disgruntled employee who was willing to do something drastic, wouldn’t worry about the law regarding keeping his weapons on the grounds.

In Georgia, a similar law exists but prohibits employees that are subject to disciplinary action from bringing their weapons on the property. The Georgia law also makes exceptions for visitor’s parking spaces and secure parking areas.

The arguments for such legislation are likely about self-defense and safety in workplaces that have grown more dangerous over the past few decades. But despite those highly publicized accounts of workplace violence, such incidents are very, very rare.

Gun laws are some of the most contested of all as both gun rights advocates and opponents are staunchly committed to their beliefs about the issue. In Tennessee, law governing the use and ownership of guns could fill a book, a confusing book at that.

As a gun owner, you have to be cautious to adhere to all of the current laws. Carrying an unregistered firearm or possessing a handgun while under the influence, for example, could result in a permanent criminal record and possible jail time.

If you’re accused of violating Tennessee gun laws, you need someone on your side willing to fight against the most severe penalties. Contact our attorneys today for legal defense help in Tennesee.

In the first Nashville case of its kind, both Brown and her boyfriend, 23-year old Trevor Bradshaw are charged with vehicular homicide and assault. Both face decades behind bars for an accident that ultimately took two lives that night.

Bradshaw was driving Brown’s Scion when he struck two pedestrians, best friends, 22-year old Michael Brooksher and 23-year old Tammy Allen. He then crossed the median and hit a taxi head-on before fleeing the vehicle. He was returned to the scene and fled again before the police arrived. Brown, however, remained on the scene the entire time.

Both Brooksher and Allen died, while the taxi-cab driver suffered minor injuries.

It’s not uncommon for people to be charged with DUI after handing the keys over to a drunk driver. But, charging someone with vehicular homicide is a stretch. Brown’s attorney says the local prosecutor will have an “awfully high bar to clear” in order to get a conviction in the case.

Another defense lawyer weighs in, saying, “You’re not going to win that case in trial. The jury is going to understand the tragedy. I mean, the driver didn’t want anybody to get killed.”

It could be that the prosecutor is hoping the pressure on Brown will cause Bradshaw to plead guilty to the charges against him in exchange for those charges against Brown being dropped, but no such plea agreements have been made.

Head of the DA’s Vehicular Crimes Unity, prosecutor Kyle Anderson, feels that Brown should be held responsible because she knew Bradshaw had been drinking and was a risk on the roadway. “It seems common sense to me. If you let a drunk or impaired person drive a car, you’re responsible.”

There’s little doubt that Brown gave her boyfriend her keys in what she thought at the time was a smart decision. Having been drinking, she thought in her intoxicated state, that Bradshaw was a safer driver and thusly handed over her keys. Convincing  a jury that she deserves a lengthy prison sentence for this serious mistake would be an uphill battle for the DA.

This story just goes to show that not all criminal cases are cut and dry. Many involve confusing applications of the law and sometimes unfair charges altogether.

If you are charged with a crime and you believe the charges are not justified, contact our offices today to discuss your case. We can offer a free consultation and information on how we can possibly help you during this difficult time.

Historically, little could be done to force people to pay fees ordered by the court; so many people just ignored them. This has resulted in millions owed in various counties. According to the Tennessean, more than $300 million is owed in Davidson County alone.

Critics of the law are worried that it will place an unnecessary burden on people who are already under financial stress.

“I see and understand the idea to make an effort to collect fees that are due,” says Jeff Henry, the executive director of the Tennessee District Public Defenders Conference. “But we’re also coming slowly out of some of the most difficult economic times we’ve seen in generations, and folks don’t have all the income they would like to have.”

But court clerks feel like their hands are tied. They’ve had little leverage in collecting unpaid fees in the past, though some have developed collections departments in their offices to help fight the effort.

Since word of the new law caught wind, people have been paying up before the July 1 deadline. In Davidson County, they’ve collected $5 million so far this year, $600,000 more than the office had received at this time last year.

For those people who are unable to pay, help exists. Clerks are typically willing to work out payment plans or even allow citizens to file for indigency, or inability to pay due to financial hardship. Most clerks are less likely to report someone to have their license revoked if they are at least making an effort to pay.

“If they can pay $10 a month, we’ll let them pay $10 a month. But if they go for three months without paying what they’ve agreed to pay, we’ll notify the Department of Safety,” says Sumner County Circuit Court Clerk Mahailiah Hughes.

Another law has been proposed that would prevent people from registering their vehicle if they have outstanding fees or warrants. Clerks are skeptical of this bill, however, as checking through statewide records before renewing registration could be a tedious feat.

Court fees are just one aspect of criminal penalties that can be difficult to cope with. But they are nothing when compared with jail time and a permanent criminal record.

As a defendant, you want to avoid these kind of penalties at all costs. Contact our offices today if you are facing criminal charges and in need of representation.

Among the changes recommended by Haslam is a proposal for all second-time domestic violence offenders to serve mandatory jail time of at least 45 days. The mandatory sentence would be 120 days for third and subsequent offenses. This, he says, is important because current law presumes probation unless a prosecutor can show need for jail time, and because the majority of domestic violence offenders are repeat offenders. The proposal attempts to put some teeth in the criminal penalties for domestic violence offenses.

Also, he is recommending tougher penalties for gun related gang crimes. In addition, those who are charged with gun possession who have a prior violent felony convictions would face increased sanctions.

The Governor is also hoping that lawmakers will support his desire to have all doctors and pharmacists to check a prescription drug database before issuing and dispensing of addictive prescription pain medications. This would stop such medical professionals from dispensing drugs if the patient was already receiving them from other practitioners.

According to the Memphis Commercial Appeal, the package also suggests diverting more nonviolent drug offenders into drug court and treatment programs rather than prison time. This is definitely a positive move, as such programs have been shown to reduce recidivism more than costly incarceration.

Drug courts use a combination of professionals within the criminal justice system to help drug offenders get the help they need. They aren’t a simple system and require sometimes weekly check-ins with a judge, but are far more preferable to jail time for everyone involved.

The Governor would also like to create a statewide meth-lab cleanup program and move supervision of parolees and probationers from the Board of Probation and Parole to the Department of Correction, allowing the board to focus solely on who deserves parole.

Political figures often release crime packages like this one when changes are needed, but also when they feel as if they need to show the public that “something” is being done about crime and criminal justice matters in the state. Though the price tag may be a turn-off, especially in this trying fiscal time, the package will likely experience success among lawmakers because it balances tough-on-crime measures with rehabilitative measures.

When you are facing criminal charges, it can be hard enough to understand the laws when they aren’t in a constant state of change. If you are accused of committing a criminal offense and need help in deciphering what these charges could mean for you, contact our offices today to discuss your case.

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.