Often our minds conjure up Otis from the Andy Griffith Show when we think about public intoxication. The lighthearted memories of his entering the local Mayberry jail and placing himself in the jail cell with key hanging on the wall. The mere state of intoxication and being in public is not a criminal violation. There are a number of elements that an officer must first observe before issuing a citation or making an arrest. The elements are set out in TCA 39-17-310 that prescribe such … [Read more...]
Do not resist or evade arrest by officer in Tennessee even if arrest is unlawful
February 6, 2024 by
It is not wise to resist or evade arrest in Tennessee as it only adds to the potential consequences of the other attendant charges. TCA 39-16-602 applies to resisting arrest, search, halt, or frisk. The officer is going to proceed with the arrest if he finds probable cause and it is futile to add to your charges by protesting the arrest physically. Simply pulling away while attempting to apply hand cuffs can be deemed a resistance. There are remedies for a false arrest through a civil court … [Read more...]
Driving Under the Influence in Tennessee DUI
February 6, 2019 by
Driving under the influence (DUI) in Tennessee may result in serious consequences including but not limited to significant fines, restitution, DUI classes, court costs, and incarceration. The conviction may also result in loss of driving privileges, suspension of a drivers license, increased auto insurance premiums, and collateral adverse employment actions such as termination of employment. There are a number of factors to determine the disposition of a DUI charge but the prevailing factor … [Read more...]
Elements for a Charge of Assault and Battery
February 5, 2019 by
The distinction between an assault and battery and Tennessee is very little and battery falls within the definition of assault in the criminal code. Historically battery was a separate act and crime requiring actual physical contact and considered a completed assault. Modern statutes now join the separate elements of assault and battery into assault as defined below. The elements for assault set out in T.C.A. 39-13-101 are the following: A person commits assault who: (1) … [Read more...]
