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.

Under the new program, someone who is seen repeatedly in the jail, will be labeled a Chronic Booking Offender, with this label written boldly across their case file. When they are charged, usually with a misdemeanor “quality of life” charge, the prosecutor and judge will see this label and push for a harsher sentence, sometimes sending the defendant to jail for several weeks or months on a charge that would normally only warrant a slap on the wrist and a long night in booking.

Deputy Chief Damian Huggins created the program to save the resources of the county and to keep chronic offenders from coming back. He found that 46 people were responsible for 3% of all arrests in Davidson County last year. The program specifically targets people who were arrested 17 times or more in 2010.

Most of these arrests are for things like public intoxication, littering, loitering and disorderly conduct. But what may have warranted an 8 hour nap in jail before can now lead to a few months.

Huggins says the program is working. In 2010, the men on the chronic offender list were arrested 1,378 times. In 2011, that number is down 46% so far. This year, those men have spent 1,770 in jail. Last year at this time, that number was 2,016. So far, Huggins calculates the savings to taxpayers at $337,000.

Many people have a problem with the new program because many the arrests are due to alcohol and addiction, something that can’t be treated or stopped with a few weeks in jail. Homeless advocates are also upset that the program unfairly targets the homeless as criminals instead of working with them to find solutions to the problems that keep them on the streets.

The homeless population in Nashville has been a problem for quite some time, with the city fighting the presence and visibility of this population in a variety of ways. Criminalizing them and giving them harsher sentences is just another option. After all, Huggins is also the one who offered homeless people one-way bus tickets out of the city.

Regardless of your living situation or any problems you might have with drugs or alcohol, you deserve to be treated fairly in court. If you are facing criminal charges, contact us today for a consultation on your case.

Such is the case in the murder of 22 year old Saret Vit, allegedly murdered and set on fire by a 27 year old parolee she was dating. The case is bringing attention to the state’s parole system and its alleged shortcomings in regards to dealing with parole violations swiftly and severely.

Many are saying the suspected killer should have been in prison, that if the Board of Probation and Parole had done their job, the murder would have never happened. It’s true, the suspect had numerous minor, or “technical” violations on his parole record. But should these violations have sent him back to prison.

The department currently operates under a program called “progressive intervention” according to the Tennessean. This means that technical (non-criminal) violations are first addressed with tighter supervisory sanctions. For instance, if you test positive for a drug test, your parole officer would increase the number of tests you had to be subjected to and perhaps refer you to treatment.

The motivation behind progressive intervention is to reduce the likelihood that an offender will reoffend and end up back in prison on a new criminal charge. It’s designed to assist offenders in reentering the community after serving a prison sentence. A former practice, of zero tolerance, was proven to do more harm than good, leading to this more “lenient” method of supervision.

Critics, however, say the new policies don’t do enough to protect the public. They say that the suspect in Vit’s slaying should have been in prison long ago.

The Tennessean outlines just how many times he violated his parole, with several incidents of failing to pay his supervision fees, removing his GPS monitoring device, failing drug screens, and losing his job after being suspected of selling marijuana. Taken independently of one another, these violations are not incredibly serious and gave the supervising officer no indication that this offender was on the verge of committing a murder.

The story of Vit, a young college graduate, is a tragic one. But one tragic case cannot dictate an entire parole department. Instead, policies and practices must be based on logic, a simple balance of what works and what doesn’t in total, not in one case.

Probation supervision works in much the same way as parole. Technical violations rarely result in prison time. However, if you keep trying your luck, you will eventually hit a brick wall with your probation officer. Furthermore, if you are charged with a new criminal offense, your probation can be revoked and you could find yourself serving the original sentence that got you probation, along with any additional time for the new offense.

When you are facing new criminal charges and are already sentenced under parole or probation supervision, you need an experienced attorney on your side. Contact our attorneys today to discuss the case against you and how we might be able to help.

It’s the broad nature of this law that has many people scratching their heads. Unlike the current harassment legislation, this addition doesn’t require the image to be directed at any specific person, merely that the alleged offender has “reasonable expectation that the image will be viewed by the victim”, the victim being anyone who might be offended.

In addition, the photo doesn’t have to be of the victim or any other living person. Offensive photos or depictions of Mohammed, Jesus, or even lewd cartoons could be considered a violation of the offense.

Many are calling the law unconstitutional, and with good reason. The existing harassment law is different in that the “victim” is an intended recipient of harassing communications; the harassment is directed at them. With this law, you simply can’t risk posting anything that anyone might consider distressing, whether it be through a private inbox on Facebook or within a Tweet.

The charge is a misdemeanor. It carries one year in jail and up to $2,500 in fines. I’m sure many people, perhaps even the majority, can think of emails or images they’ve posted online that could be interpreted as offensive to someone, images that could now get them a criminal record in Tennessee.

There’s little doubt this law will be challenged, if only through the appeals process once the law is actually applied to offenders. In the meantime, it’s just one more law for people to be aware of, one that they might want to keep in the back of their head the next time they have an opportunity to forward a lewd joke or offensive photo.

The law would require a blood test from any suspected drunk driver who has prior DUI convictions or who is found driving with a juvenile in the car. This blood draw would be taken whether or not the suspect refuses and no matter what their opinion on the matter is.

Of course the law passed because “we’re tired of drunk drivers killing people,” according to one District Attorney. Steve Bebb goes on to say, “We don’t know if it will stand up or if it’s constitutional, but we’ll test it.” Interesting that a District Attorney would support a law that he doesn’t even know for sure is constitutional.

Currently, if you are pulled over you can refuse a breath or blood test. But because of the implied consent law, you will lose your driving privileges for this refusal. The powers that be believe chronic DUI offenders are using this to their advantage because they “don’t care” whether or not they have a license.

In 2009 police began forced blood draws in DUI cases involving vehicular assault or vehicular homicide. As of yet, the constitutionality of this law has not been formally challenged in the courts.

The reason the constitutionality of these forcible blood draws is in question is because of their potential violation of the 4^th Amendment, protecting against unreasonable searches and seizures.

A Knoxville based defense lawyer says, “Any time government is allowed to commit a seizure of your body and withdraw evidence prior to being arrested for a crime opens the door for a lot of issues.” The Legislative Chair for the Tennessee Association of Criminal Defense sees many potential constitutional problems with the legislation but admits it won’t be challenged until it’s passed and being practiced.

Governor Haslam is expected to sign this legislation that would only affect those with prior DUI convictions. Whether you are arrested before it goes into effects next year or if you become one of the first to have their blood forcibly drawn, you will want an advocate on your side when it comes time to go to court.

Contact us today to discuss your DUI case and how the new law might affect you.

To raise support for the newly passed law, lawmakers of course highlighted extreme examples where offenders had their convictions overturned due to simple and minor “clerical errors”. One such case, profiled here in The Tennessean, involved a man who was sentenced to 29 years for selling cocaine and marijuana. His conviction was overturned and he was freed when there was a typo on the initial search warrant, making it invalid.

Although there aren’t many specifics available on just how free the new law will allow cops and prosecutors to be in their warrant errors, it’s said to allow them “greater leeway” and the ability to move forward in cases where typos and similar mistakes are later found on the warrant.

This isn’t a small matter, however, as the strict rules regarding the accuracy of warrants were written to align with the intentions of the 4^th Amendment, which guarantees protection against illegal searches and seizures.

The Tennessee District Public Defenders Conference was opposed to the new law, as were several civil liberties groups. It is indeed a slippery slope that could lead to some problems of interpretation down the road. Could a spelling error in a suspect’s name be overlooked? What if the misspelled name was actually someone else’s name—would the defense be able to argue that the warrant was served on the wrong person or would that be boo-hoo’d with prosecutors claiming a mere “clerical error”.

The new law was said to have passed quite easily and it’s important to note that Tennessee isn’t alone in this matter. Even the Unites States Supreme Court took a surprising position in a recent May 16 ruling, broadening the acceptable times in which police can search a home without a warrant.

According to The Tennessean, some believe this trend of whittling away at civil liberties will continue. And with the SCOTUS ruling this past month, there are some good indications that such changes won’t be successfully challenged.

Invalidating the evidence in a criminal case is often a strategic move for the defense. If the evidence is ruled inadmissible, it can seriously impact the likelihood that the prosecutor would succeed at trial. However, suppressing the evidence isn’t always easy.

If you are charged with a criminal offense in Tennessee and have questions about the evidence against you, contact us today.

We first blogged about the controversy here, when it was discovered last fall by The Tennessean that Metro Police were dropping a significant number of cases due to lack of victim cooperation.

While it’s not unusual for a victim of domestic violence to change their mind about pursuing charges, that didn’t seem to be the situation with many of these dropped cases. It was discovered that “lack of cooperation” was inferred by something as simple as a single phone call from police gone unreturned by the victim, or an address change that wasn’t told to police.

In 2005, the police dropped around 200 cases. In 2009 that number had risen dramatically to about 5,500. In each of these cases, lack of cooperation was cited as the reason. In 2010, following the Tennessean story, that number had dropped back to 1,200.

The Department never did admit any fault with the dramatic number of dropped cases, nor can they explain the significant improvement last year. “One thought is that perhaps more victims are cooperating,” says the police spokesperson in this updated Tennessean report.

Although they won’t admit there was a problem within the department, the change shows they have done something different to correct the non-problem. It seems they have been making greater efforts to contact victims, whether they’ve moved or changed their number.

In relation to this case, the Mayor ordered an audit of the department’s crime reporting, which came under fire after it was discovered many offenses were being classified as “matter of record” rather than criminal offenses. Again, it was domestic violence cases that were under scrutiny.

One can hope the shakeups that occurred over the past year will serve to help more victims of domestic violence while still providing due process to those defendants accused of the acts. Domestic charges are very serious indeed, and something that can forever change your life.

If convicted of a domestic assault or similar charge, you could be looking at jail time, fines, and the long lasting stigma of being labeled a convicted criminal. If you are facing such charges, speaking with a local defense attorney may be able to help you gain some perspective on the case and what your options are.

Contact our attorneys today for a free consultation on any criminal charge in TN.

According to the Commercial Appeal, the group included individuals from the Department of Justice and the Department of Housing and Education, who are traversing the country visiting multiple cities in an effort to “get at the roots of violent crime”.

Five years ago, Memphis began the journey towards effective crime prevention with the Operation Safe Community program. The program is preparing to enter Phase 2, involving concentration on youth in poverty stricken areas.

In specific, the Operation Safe Community program will be focusing on the North Memphis and Frayser area where it’s estimated that 50,000 youth are in poverty. Among other things, the program is hoping to implement a system where students kicked out of traditional schools have access to alternative schools rather than simply being put out on the streets.

This area of the city is said to have the highest concentrations of domestic violence, single family homes, teen pregnancy, and gang activity. But like one criminologist said, there efforts won’t be without struggle as preventing crime “takes a lot longer to accomplish”.

They hope that by aligning schools, faith based groups, and police within these communities, they can pull together and rally around the most at risk populations, the kids. Of course, their cause would be helped with some additional funding, something that the group of federal officials may be able to help with. Though there are federal grants available, the Commercial Appeal states that this was not the reason for the observational trip.

A 25% drop in crime is pretty significant. Maintaining that decrease will take some effort from all parties and with Memphis’ “legacy of poverty, domestic and juvenile violence” the effort won’t be easy.

Too often officials are overly concerned with punishing crime rather than preventing it. While the city is working to stop crime before it happens, this also involves using appropriate sentences within the criminal courts to discourage future criminality.

In an effort to prevent crime from reoccurring, there are some alternative sentencing options available within the Memphis area and throughout jurisdictions in the state. Your eligibility for these programs, like probation, depends on the facts of your case and your criminal history. If you’re charged with a crime and concerned about your options, contact our attorneys today for a free consultation.