Blue CRUSH (Crime Reduction Utilizing Statistical History) was launched citywide in 2006 and accompanied several organizational changes which occurred in 2005. Together, these two efforts are taking the credit for a reported 28.8% drop in the crime during the first 6 months of 2010. This is a huge drop.

CRUSH is a program that uses crime data as recent as the previous day to anticipate where crimes may be committed and sending police to those locales to both prevent their occurrence and apprehend criminals. Rather than having to wait for a month for the numbers to trickle down, a commander can review the stats from yesterday and send officers to the exact block where a problem seems to be centralized.

According to this article from the Commercial Appeal, communities are noticing the increase in police presence. While many also notice the drop in crime, some question if the 28.8% has been inflated or can otherwise be explained.

One member, a pastor, states he’s noticed a change but “I don’t see that large of a reduction, I just don’t know about those statistics.” He points to neighborhoods where citizens still can’t allow their children to play outside as an example that all is not good in the city.

There’s no doubt that an increased police presence does deter crime. You aren’t likely to make a drug deal on the corner if you know a patrol car could happen to drive by at any moment. However, the police can’t take credit for all 28.8%, if that statistic is even correct.

Crime is down across the country. A common misconception is that crime will rise with a failing economy. Crime actually fell during the Great Depression and it has fallen consistently across the country over the past few years as well. So to credit police work with the sudden drop in crime may be a little over reaching.

Everyone wants to live in a safe community. No child should have to be kept indoors when they are at home, for their own safety. But who wants to live in a neighborhood where the cops “roll eight deep” or are a necessary fixture?

If you have been arrested by the Blue CRUSH task force or are simply facing criminal charges in Memphis or anywhere in Tennessee, please contact our attorneys to discuss the details of your case.

Senator Bob Corker of Tennessee is one of the co-sponsors of a bill to add $60 million in funding to develop these Driver Alcohol Detection System for Safety (DADSS) systems.

But there are many serious questions about how such a system would operate, and how the government would use and control this data, as this editorial in the Tennessean suggests.

The threshold settings for warnings or violation would very likely be lower than the national blood alcohol limit of .08% BAC. But then, what does it mean if your car stops you from driving because it decides you may have had a glass or two of wine? Who is notified, and what action is taken if you are accused of driving with a legal level of alcohol of .06%, or even .o4 or .02%, the equivalent of a single drink for most people?

And of course, there are huge questions about what recourse a person might have for disputing false positives.

What is the required standard of evidence when a computer malfunction in your own car, with no one else around, can get you charged with a DUI?

Everyone agrees that drunk driving is a problem. But treating every driver as a suspect at all times is a dangerous precedent, and is a distraction from the serious business of preventing dangerous and chronic alcoholics from driving drunk.

UPDATE: Senator Corker responds to the original editorial, suggests it would be implemented on a voluntary basis.

In 2005 211 domestic violence cases were cleared without arrest. In 2006 that number jumped to 3,866. By 2009, that number had climbed to 5,600. Some are saying the jump is due to a change in reporting and classification measures while critics state police are being pressured to clear the cases.

Many of these cases were said to be closed because the “victim didn’t want to cooperate”, a common problem in domestic violence cases. In situations where only the supposed aggressor and suspected victim are present, having enough evidence for criminal charges really depends on the statements of the victim. If that victim is frightened or doesn’t want to get their partner in trouble, the case might not have enough evidence to move forward.

Domestic violence advocates point out that it isn’t unusual for victims to be afraid, however, and state that asking the victim if they “wish to press charges” is a practice that should have long since been abandoned.

One problem the report saw with many cases is that a report was never written by law enforcement. Without an account that the police were even called, prosecutors may have an even more difficult time building a case, potentially leading to future violence in the relationship.

It does happen occasionally that people are wrongly accused of domestic assault. Some relationships are dangerously passionate and some couples simply fight more. While no relationship should be abusive, occasionally charges are a result of a misunderstanding.

Domestic violence charges can drive wedges between friends, families, and even communities. If you are accused of hurting someone you love, you may find people you thought would never abandon you turning their back.

Charges like these carry a huge stigma and potentially lengthy prison sentences. Having an experienced defense lawyer on your side when facing these charges is crucial.

If you are accused of a domestic assault or similar crime, contact us today to discuss the circumstances surrounding your case. Together we can talk about your options and the best way to move forward.

The problem with the law last year is it was deemed “unconstitutionally vague” and struck down by the courts. Now, armed with a clearer and more concise language, the Republican dominated Legislature hopes to over-ride the veto and allow bar patrons to carry their firearms.

Several states prevent licensed gun owners from taking their weapons into bars or places where alcohol is served. The common belief is that alcohol and firearms don’t mix as the potential for accidents or intoxicated mistakes is just too great.

When changing laws, the legislators must pass a bill which goes to the Governor for final approval. If the governor vetoes the bill or stops it from becoming law, it isn’t necessarily the end of the road. The Legislator can override the veto, going against what the Governor believes and moving forward with the original passing of the bill.

This is likely to happen here. Soon, licensed Tennessee gun owners will be able to drink with their pistols on their side.

While the 2^nd Amendment to the Constitution guarantees the right to bear arms, states reserve the right to regulate it. Groups like the NRA work to limit those regulations and restrictions.

Despite their work, laws restricting firearm ownership and use prevail in every state. It isn’t too difficult, when owning a gun, to make a mistake and find yourself facing criminal charges. When this happens, you need the assistance of an attorney.

If you are facing gun charges in Tennessee and aren’t sure what you’re up against or what to expect, contact us today for a free consultation.

According to the news report, this bill will require people convicted of armed robbery to serve at least 5 years and 11 months behind bars before being eligible for parole. Current laws have that minimum term at 2 years and 5 months, revealing quite a jump.

On the other side of the scale, the law would require probation and other community correction alternatives for first time offenders of 19 nonviolent property offenses. Most of these offenses, like forgery, theft, and vandalism, will involve damage to property valued at under $1,000.

Judges will sentence people convicted of these offenses to probation and other similar programs unless there are compelling reasons for prison time. Similarly, multiple offenders will be more likely to go to prison as well.

Typically, property offenses like theft and shoplifting, when valued less than $1,000 but more than $500 are considered Class E felonies and carry a potential 1 to 6 years in prison.

Lawmakers are making the changes in sentencing practices to attempt to make up for the increased costs of extending sentences for those convicted of burglary. With budgets across the country feeling the crunch, any excess spending has to be accompanied with simultaneous cutbacks.

Most people in society agree that violent crimes should lead to greater periods of incarceration than property crimes. This, however, doesn’t decrease the seriousness of property crimes. The potential for a lengthy prison stint still exists, even if you are convicted of a theft.

If you are facing charges that you have questions about, you need someone with experience on your side. Contact our attorneys for a consultation on your criminal case today.

Prosecutors in support of this legislation, according to the Tennesean.com, say the pretrial diversion is “too cumbersome” while others who oppose the move rightfully argue it offers an important option for first time offenders to steer clear of a criminal record.

The program they are seeking to do away with looks at the criminal history of offenders and allows some to serve probation before trial. They do not have to enter a plea and if they successfully complete the probation, their record is “wiped clean”.

Other options, known as judicial diversion, require the offender to enter a plea admitting responsibility before they become eligible. This is called a “conditional plea” and is vacated after a subsequent 2 year probationary period.

Supporters of the new legislation prefer the judicial diversion stating that the admittance of responsibility is important—that people should admit their error before being given this second chance.

Both forms of diversion are used in misdemeanors and occasionally in non-serious felonies. They are not used in DUI offenses, assaults, or the like. Instead, they are most often used in first time drug crimes and low level white collar and theft offenses.

Until the legislation is voted on and passed or rejected, the diversion practices remain the same. If you are facing criminal charges and wondering if you might be eligible for a form of diversion, contact us today. While programs differ from county to county, you may just be able to handle your charges without going to trial.

Whether your case concerns drugs, theft, or even a violent crime, our attorneys will speak with you about the options in your specific case.

As the stands, if you refuse to take a breath test, you can still be convicted of DUI, but your penalties for what is known as a “refusal conviction” are typically less strict. According to this report from My Fox Memphis, there is a 73% refusal rate in areas of the state where there are special DUI prosecutors.

Understandably, MADD and other advocates of such Ignition Interlock legislation want the roads to be safer. They want to prevent drunk driving deaths. But, despite the allegations from this Fox report that IID’s reduce drunk driving deaths, their actual impact varies across the country.

An ignition interlock device is a machine that is installed in your vehicle (at your expense). It requires the owner of the vehicle to take a breath test before being able to start the engine. These machines are often wrought with mechanical problems and misreads.

Under the current laws, a DUI conviction carries plenty of repercussions as it is. Even if it’s your first conviction, you can face up to a year in jail, 1 year driver’s license revocation, fines reaching $1500, drug/alcohol assessments, and community service.

As your prior convictions mount, so do the potential penalties. If this is your third offense, you will likely face a minimum of 120 days in jail.

When up against DUI charges and a prosecutor that wants drunk drivers off the road, you need an experienced DUI defense attorney. Contact our offices today for a consultation and some free legal advice.

The law is being questioned after learning that in two recent and highly publicized fatal gun attacks in Las Vegas and Washington DC, the guns used were traced back to resale by the Memphis PD.

Prior to that law passing, confiscated weapons were most often destroyed. This practice began in Memphis in 2005 when the sheriff enacted the policy to eliminate guns that had already been used in crimes or carried by criminals.

According to this report from The Commercial Appeal, many have “philosophical concerns” over the thought of weapons like this ending up back on the street.

The new law is reportedly from the NRA who doesn’t see why the functioning weapons should be destroyed when they can be recirculated through dealers to law abiding citizens. Their position focuses on the fact that weapons are legal and the destruction of these firearms simply because of who owned them last is unnecessary.

In Tennessee we see changes to firearm laws on a nearly monthly basis. From weapons in businesses and parks to what happens to the weapons after they are confiscated, guns are a big deal here.

The laws and media coverage surrounding weapons laws, all seem to try and balance public safety with that tricky 2^nd Amendment, the one that guarantees us the right to bear arms. While the U.S. Constitution guarantees that right, states have historically reserved the right to regulate it.

Laws about what types of weapons you can carry, how you can carry them, who can own them, and how they must be used vary from state to state.

In our state, there are numerous criminal offenses related to the possession and use of firearms. There is a whole list of weapons that are simply illegal and punishable by felony charges.

When you are facing weapons charges you need to speak with an experienced and aggressive defense attorney. The most common offense of Unlawful carrying of a weapon, a misdemeanor, is likely the least serious but can still result in several months behind bars. Call our lawyers for a consultation today.

The scanners, also known as ALPR (Automatic License Plate Recognition) systems, can flag vehicles by instantly photographing all license plates within visual range, scanning the characters on the tag, and matching it with a real-time on-board database in the police vehicle. If the system flags a plate number that is identified in the database as being wanted for some reason, the officer in the vehicle is instantly notified as to the nearby location of the car, and is prompted to take action.

These systems can flag cars that may be wanted as stolen vehicles, or tagged as amber alerts. They can also match driver/owner data from the Tennessee Department of Safety, or other TN court or law enforcement data to find anyone who may be driving on a suspended license, or have an outstanding warrant for failing to appear in criminal court.

In the article at MyFoxMemphis, they cite a few other tricks that the system can do. They quote a man who was driving a vehicle that wasn’t even registered to him, but was his son’s car. It came up with a hit his outstanding warrant since the vehicle was registered the same name and address as the person sought.

Another interesting technological innovation for this new law enforcement platform is a body heat sensor, to identify how many people are in the vehicle from a distance, if someone is hiding, or if someone escapes down a dark street, their infrared sensors can identity a person fleeing the scene.

People who are concerned with privacy and government intrusion will note that with these systems, the government is tracking thousands of vehicles an hour, who are not sought or suspected of any crime. And anyone with computer knowledge can tell you that data never really goes away.  All that information about what cars where it what place (ID-ed by GPS) at what time are stored in a massive database. That data can be searched and back-checked across multiple agencies to form a profile of anyone’s past locations, driving habits, and travel routes.

This technology is only going to get cheaper and more widespread. In the very near future, it will be standard equipment on all police vehicles, like a police radio.

Citizens concerned about government surveillance of their activities should be very concerned about who will have access to all this information, and for what purpose.

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.