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Memphis Tennessee Criminal Defense Blog

When you are falsely accused of murder

Our law office deals with a number of legal issues, but murder is an especially challenging facet of defense. Setting aside the extremely harsh stigma that comes with these allegations (and can shatter someone's life even if they are innocent), people facing murder charges may be unsure of what to do next and how the allegations will impact their future. Unfortunately, many people have been accused of murder even though they were innocent. This is no time to procrastinate or avoid looking into your options, however, as your entire future may be at stake.

Someone may be falsely accused of murder for a number of reasons. For example, they may have an enemy who wanted to frame them for a crime they never committed. Or, someone who may have murdered another person may want to have the blame placed on someone who is innocent. Moreover, some people are just very unlucky, finding themselves in the wrong place at the wrong time, and end up being accused of heinous crimes as a result.

Should you accept a plea bargain if it is offered?

You have been charged with a crime and the situation you find yourself in can feel stressful and overwhelming. You are suddenly faced with being in the inside of a court room and maybe even a jail cell, meeting with a lawyer and hearing legal terms you may not be familiar with. Your life may be turned upside down all for something you may or may not have done.

On the positive side, your criminal defense attorney will be there to achieve the best possible results for you. The circumstances to determine the outcome of your case will usually involve being in front of a judge and possibly even being heard in front of a jury. While many outcomes of a criminal case have their outcomes decided this way, there are other times when a defendant is offered a plea bargain.

When crashes lead to vehicular homicide charges

Being involved in a major traffic crash is a very traumatic experience. It can leave a person facing a lot of emotional challenges. This can particularly be the case if the accident resulted in a death. Having been in an auto crash that resulted in any deaths can also leave a person facing a very difficult legal situation if he or she is accused of having triggered the accident through dangerous conduct. Here in Tennessee, such allegations could lead to a person being charged with vehicular homicide.

Under state law, it is vehicular homicide when a person, when operating a vehicle, engages in conduct carrying a substantial risk of serious injury or death that results in the reckless killing of another person. The offense of vehicular homicide also covers reckless killings involving things like driving while intoxicated or drag racing.

Don’t make these common mistakes if you are ever arrested

Being charged with a crime can be a very stressful. The desperation you may feel can make it difficult to act like yourself, and it may possibly lead to your saying the wrong thing. The time immediately following an arrest can have a great impact on the rest of your case. Because of how important your behavior can be to a case, here are some tips to avoid common mistakes in the event you are ever arrested. 

What is the difference between first and second-degree murder?

You may think that a murder is a murder and the person who committed the murder should face the harshest penalties for that act. However, the law has determined the facets of a murder based on its circumstances. These circumstances take into account things like intention and how the act was committed, then give it a designation based on a level of degrees which can range from first-degree to second-degree and may even include third-degree.  

When can an officer legally enter my home?

The Fourth Amendment protects our homes against unreasonable searches. So, in summary, your rights stand unless an officer has a warrant based on probable cause. But what happens if an officer enters your home without one?

Do inmates have the right not to snitch?

"Snitches gets stitches." It's principle number one of the renowned law of honor among thieves. Back in 2010, Mark Burns said that a can fell from a high shelf and cut his face while working in the New York prion's commissary.

How does probation differ from parole?

Probation and parole both start with the letter "p," but there are more similarities still.One in 31 U.S. adults are behind bars, or on parole or probation. A judge might decide that probation is a good starting option for you. Or, a parole board might see it fit to grant you parole. For someone convicted of a crime, good behavior could be their ticket to less time behind bars. But which happens when, and what's the difference?

Exoneration for the wrongfully convicted

Imagine losing 31 years of your life to occupying a small jail cell under a false criminal conviction. This happened in 1978, after an innocent man was powerless to offer verifiable evidence against charges of burglary and rape. As a result, the Tennessee resident began his 31 years behind bars for a crime he did not commit.

Only recently were his charges overturned and his innocence formally acknowledged. He walked out of prison a 61-year-old man with an exoneration award of $1 million dollars. It was a tough journey for family, friends and lawyers fighting for him, but they did it. He is just one out of the many wrongfully convicted who are at the mercy of the legal system for correcting their life-course and reputations.

What to know if you are charged with marijuana possession

The country's laws about marijuana are changing. States like Colorado and California have legalized the drug. Though Tennessee lawmakers have introduced bills that would legalize marijuana for medical use, no bills have become law. Marijuana is still illegal for recreational and medicinal use, and possessing and growing the drug is not legal either.

If you have been arrested for possession of marijuana, you should know what to expect and the potential consequences.

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