Tennessee Criminal Lawyer Blog

Knoxville Man Arrested in Drug Raid

Tue, 23 Apr 2013 19:53:26 -0500

A 54-year-old man was arrested after the Repeat Offender Squad of the Knoxville Police Department raided his East Knoxville apartment. According to a news report in The Knoxville News Sentinel, officials executed a search warrant at his apartment after getting tips that cocaine deals were taking place there. They allegedly seized a marijuana pipe, rolling papers, a marijuana grinder, 1.2 grams of crack cocaine, one gram of pot, and scales. The Knoxville man was charged with possession of crack cocaine for resale, possession of drug paraphernalia, and simple possession of marijuana.

Tennessee law enforcement officials have a long history of coming down hard on individuals suspected of selling cocaine. In a 2002 Tennessee Drug Threat Assessment, crack was defined as "the greatest drug threat to Tennessee." It was described as readily available, commonly abused, and regularly associated with violent crime. At the time of that report, Tennessee had more cocaine-related treatment admissions and federal sentences than any other drug.

Simple possession or casual exchange of cocaine in Tennessee is typically classified as a Class A misdemeanor punishable by a year in a jail and a fine of $2,500. Repeat offenders, however, can face Class E felony charges punishable by six years in prison and a $3,000 fine. The penalties increase dramatically if the authorities believe the defendant intended to sell the drugs.

Knoxville Woman Charged for Selling Prescription Drugs

Thu, 11 Apr 2013 11:04:43 -0500

A 51-year-old Knoxville woman has been arrested on suspicion of selling prescription painkillers from her home. A two-month-long investigation took place after her neighbors complained of suspicious activity at her residence. According to a WATE news report, she was arrested after officials executed a search warrant at her Price Avenue home in Knoxville. During the raid, officials allegedly seized Xanax, empty pill bottles, a blank script from a prescription script pad, a handgun, and six cell phones. She is being held at the Knox County Jail.

Prescription drug abuse is a serious problem in Tennessee. To reduce the number of prescription drug users, Tennessee law enforcement officials regularly investigate individuals suspected of illegally obtaining drugs for resale. Law enforcers come down hard on individuals who steal prescription pads, forge doctors' signatures, and who sell his or her own drugs for profit.

Heroin Drug Bust in Knoxville Results in 19 Arrests

Mon, 01 Apr 2013 18:50:56 -0500

The Knoxville Police Department has indicted 19 individuals who they believe are "high-level players" in a large-scale heroin ring. According to a news report in The Knoxville News Sentinel, the alleged leader of the ring was arrested at a residence on Massachusetts Avenue after a six-month-long investigation that led officers from Knoxville to Sevierville to Chicago. Officials say that they found less than .5 ounces of heroin at the alleged heroin ring leader's house but that his distributors were selling between 100 to 200 small bags of heroin a day. The primary suspect faces charges for distributing heroin and 14 of the 19 suspects are in custody.

It is illegal to manufacture, deliver, sell, or possess a controlled dangerous substance. Under T.C.A. 39-17-417, heroin is a Schedule I controlled substance because it has no accepted medical use and has a high potential for abuse. Possessing even small amounts of heroin can result in a Class B felony. Defendants may face additional penalties when there are large amounts of heroin or other dangerous substances such as cocaine, LSD, peyote, morphine, or amphetamines.

Knoxville Teenager Arrested for Taping Sex Act with Minor

Fri, 29 Mar 2013 08:00:41 -0500

A 19-year-old Knoxville man has been arrested for sexual exploitation of a minor and third-degree sexual abuse. According to an NBC 13 news report, the teenager was arrested after allegedly filming a sex act with a 15-year-old girl in a Knoxville apartment in February. Officials believe that the girl was not aware of the recording, and that other males were in the room at the time of the incident, and that the video was circulated. He is being held in the Marion County Jail on a $21,000 bond.

There are degrees of criminal sexual conduct in Tennessee. A person can face charges of sexual conduct in the third degree if that person engages in sexual penetration with another individual between the ages of 13 and 16. This is a felony punishable by imprisonment for up to 10 years.

It is a common misconception that a teenager will not face serious criminal charges for sexual activity with another teenager who happens to be underage. Anyone who is 18 years of age or older can face felony charges for sexual activity with someone who cannot legally give consent. The penalties often include years of incarceration, and the charges increase when the incident involves force, threats or coercion.

Cocke County School Bus Driver Arrested on Suspicion of DUI While Working

Wed, 27 Mar 2013 12:38:48 -0500

A 39-year-old female school bus driver has been arrested on suspicion of driving under the influence (DUI) and for violating the open container law. According to a report by The Knoxville News Sentinel, the Cocke County school bus driver was arrested in a church parking lot. Officials acted on a tip and found her parked in a lot with the engine running. There were no children on board the bus and it is unclear if she actually drove while impaired. Her blood alcohol content at the time of her test was allegedly .09 percent.

Tennessee bus drivers, truck drivers, and other commercial drivers are held to a higher standard than non-commercial drivers when it comes to driving under the influence. Under Federal Motor Carrier Safety Administration (FMCSA) regulations, a blood alcohol content of .04 percent or more is considered driving under the influence when it comes to commercial drivers. That is half of .08 percent, the normal BAC legal limit for other motorists.

Millions in Funding Goes to Fight against Dating Violence

Fri, 15 Mar 2013 08:00:26 -0500

The Nashville Young Women's Christian Association and YWCA Knoxville are two of the 20 organizations that will receive funding to help prevent dating and domestic violence. According to a news report in Yuma News Now, the Department of Justice's Office on Violence Against Women announced that it is giving out $12.6 million dollars in grants to build a comprehensive approach to dating and domestic violence.

Recipients of the grants can create prevention programs and provide services for victims. The organizations involved are also going to partner with schools to inform young men about how to stop violence against women. According to the report, the new program will involve new strategies to prevent domestic violence, sexual assault, and stalking, as well as dating violence.

New research has found that a high number of teens and young adults are victims of domestic violence. About one out of 10 high school students were physically hurt, on purpose, by someone they were dating in the year 2011.

Knoxville Teenager Charged with Solicitation of a Minor

Wed, 13 Mar 2013 11:21:35 -0500

An 18-year-old Knoxville man has been arrested on suspicion of solicitation of a minor. According to a WATE news report, the teenager was arrested on a two-count indictment for sexual activity involving a minor and solicitation of a minor. The arrest resulted from an investigation by the KCSO Computer Crimes Unit, which is part of the Internet Against Crimes Task Force. It is not clear what the age of the alleged victim was.

No one under the age of 18 can legally consent to sexual activity under Tennessee law. So any and all sex acts with a minor can result in serious sex crime charges in Tennessee. Under Tennessee Statute 39-13-528: "It is an offense for a person eighteen years of age or older, by means of oral, written, or electronic communication, electronic mail, or Internet services, directly or through another, to intentionally command, request, hire, persuade, invite, or attempt to induce a person whom the person making the solicitation knows, or should know, is less than eighteen years of age."

Bill Requiring Ignition Interlock Devices Gaining Support in Tennessee

Thu, 28 Feb 2013 08:00:09 -0500

There is a current bill under consideration by Tennessee lawmakers that would increase the penalties for drunk driving. According to a WBIR news report, Mothers Against Drunk Driving (MADD) is now officially backing the bill. The proposed bill would require driving under the influence (DUI) offenders to install an ignition interlock system that will prevent them from starting their car if they have alcohol in their system. Officials with MADD say that this is a worthwhile penalty because 50 to 75 percent of convicted drunk drivers allegedly continue to drive on a suspended license.

Under current law, some convicted drunk drivers already have to install an ignition device. According to Tennessee Code Annotated 55-10-412, "A court may, in its discretion, order the person to operate only a motor vehicle that is equipped with a functioning ignition interlock device if such person's license is no longer suspended or revoked or such person is otherwise eligible for a restricted license." In such cases, drivers may be forced to install a device for up to one year.

Middle Tennessee Football Players Arrested after Fight

Tue, 26 Feb 2013 16:49:20 -0500

A number of Middle Tennessee State University football players have been arrested after allegedly being involved in a nightclub fight. According to The Associated Press, the incident occurred at a club in Murfreesboro. The specifics of what happened are unclear, but a report in The Inquisitr suggests that a beer bottle may have been thrown and that the situation escalated from there. Three current players were arrested. They face a number of charges including disorderly conduct, evading and resisting arrest, underage consumption, and public intoxication. Two former football players were arrested during the incident as well.

Disorderly conduct is a criminal offense that covers a number of different acts. Under Tennessee Code 39-17-305, disorderly conduct is when a person commits an offense who, in a public place and with intent to cause public annoyance or alarm:

Tennessee Department of Transportation Employee Charged with DUI

Thu, 14 Feb 2013 11:57:01 -0500

A Tennessee Department of Transportation (TDOT) employee has resigned after being accused of being drunk while recently running through a red light. According to a report in The Knoxville News Sentinel, the 56-year-old Knoxville man was charged following an accident at Louisiana Avenue and the Oak Ridge Turnpike in Oak Ridge.

Officials say the man was driving under the influence of alcohol (DUI) when his state-owned 2010 Ford F-150 went through a red light and crashed into a 2000 Chevrolet Silverado. He was charged with DUI and refusal to submit to a blood alcohol test. He had been an employee of the TDOT since May 1997.

Knoxville Police Arrest Man on Suspicion of Soliciting a Minor

Wed, 06 Feb 2013 08:00:03 -0500

A 21-year-old man from Monterey, Tennessee, has been charged with three counts of soliciting a minor after he was arrested by the Knoxville Internet crimes police task force. According to The Knoxville News Sentinel, the man was arrested on suspicion of sending inappropriate text messages to a young girl through Facebook. He has been charged with one felony count of solicitation of a minor and two misdemeanor counts on the same charge. The incident allegedly involved a 12-year-old girl whose parents contacted the special task force, which launched an undercover operation into the man's alleged sex offenses.

According to Tennessee Code Annotated 39-13-528, "It is an offense for a person 18 years of age or older, by means of oral, written, or electronic communication, electronic mail, or Internet services, directly or through another, to intentionally command, request, hire, persuade, invite, or attempt to induce a person whom the person making the solicitation knows, or should know, is less than 18 years of age, or solicits a law enforcement officer posing as a minor, and whom the person making the solicitation reasonably believes to be less than 18 years of age, to engage in conduct that, if completed, would constitute a violation by the soliciting adult."

District Attorneys Push for Harsher Penalties for Crimes in Tennessee

Mon, 04 Feb 2013 08:00:07 -0500

Tennessee's district attorneys announced during a General Conference that was held recently that they are going to aggressively push a legislative agenda, which includes harsher punishments for serial child sexual abusers and individuals convicted of aggravated child neglect. According to The Daily News Journal, they are also seeking to change the penalties for convicted attempted murderers. Their proposed changes could mean significant alterations in the way these types of cases are handled and prosecuted.

Under current law, a defendant accused of multiple instances of child sexual abuse in different jurisdictions has to be tried in each jurisdiction. The district attorneys want to streamline this process so that a single trial can cover all of the charges the alleged child sexual abuser faces.

The Cost of a Drunk Driving Arrest in Knoxville

Mon, 21 Jan 2013 15:26:29 -0500

If you have been arrested on suspicion of drunk driving in Knoxville, there is no question that you will be faced with significant financial burdens in addition to dealing with court procedures and a potential loss of your driving privilege. Law enforcement officers in Knoxville crack down hard on drunk drivers and it is common for prosecutors to pursue the harshest penalties possible. Even first-time offenders can face significant fines, fees, penalties, and consequences.

A first-time DUI in Knoxville can result in a fine between $350 and $1,500. Additionally, a conviction can result in a jail sentence between 48 hours and 11 months, 29 days. A conviction could also result in a license suspension for up to one year, DUI school, and restitution. According to The Department of Safety & Homeland Security, the average costs of towing, bail, high risk insurance, court costs, school, and reinstatement fees could add up to $4,900 for a first offense.

Newspaper Editor's Son Charged with DUI following Knoxville Crash

Wed, 16 Jan 2013 19:37:18 -0500

A 20-year-old man, the son of an editor at The Knoxville News Sentinel, faces misdemeanor charges of driving under the influence (DUI) after crashing into the fence of a Southwest Knox County home. According to a news report in The Knoxville News Sentinel, the incident occurred along Duncan Road in Knoxville. He was not injured when he ran his 1999 Mitsubishi Montero off the road and into the fence. Officials say he had slurred speech and admitted to taking an unknown amount of Xanax at a friend's home. In addition to DUI charges, he faces Xanax drug possession charges after an officer found two pills in his pocket.

Under Tennessee law, you do not have to have alcohol in your system to face DUI charges. Under Tennessee Code 55-10-401(a): "It is unlawful for any person to drive or to be in physical control of any automobile while under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system."

Tennessee Governor to Focus on Reducing State's High Domestic Violence Rate

Tue, 08 Jan 2013 17:18:51 -0500

Tennessee Governor Bill Haslam has said that instances of domestic violence, prescription drug abuse, and aggravated assault remain major concerns for his administration, although the overall crime rate statewide has declined. According to a news report in The Associated Press, the governor said domestic violence accounts for roughly half of all crimes committed in Tennessee each year.

This year, Gov. Haslam signed into law a measure requiring jail time for repeat domestic violence offenders. It is still not clear if the change has made a significant difference, he said. His administration is no doubt sending out a strong message that if you are a repeat offender, "you are going to go to jail regardless of who you are." Haslam has also said that he and members of his Cabinet will work with law enforcement officials to find ways to reduce violent and drug-related crimes.