We understand how it goes – you made a mistake, whether it be theft under $1000 or simple possession of drugs. Now, you’re looking to apply for jobs, housing, higher education, or other opportunities, and you’re worried about charges showing up on your criminal record. Thankfully, Tennessee Code § 40-32-101 provides for the destruction of […]
Category Archives: Criminal Defense
Tennessee’s criminal drug and substance laws can be found under Title 39, Chapter 17, Part 4. Tennessee’s format for scheduling controlled substances mirrors that of many other states and the federal government. At the beginning, you can find TCA §39-17-403, which outlines the factors to be considered when deciding which schedule a particular substance might fit […]
Self-defense as a general defense against prosecution varies widely from state to state. And even when states might recognize the same general principles, they still have their own unique code of laws and specific elements necessary to qualify for a self-defense argument. When researching legal principles like self-defense, you’ll often come across different doctrines, broad theories […]
Beginning this month, Tennessee has added a list of new crimes that apply to its “Truth In Sentencing” time-served requirements. “Truth In Sentencing” started as a general trend among many states in the 90s in response to federal grant incentives and backlash from the potential for early release of certain criminal offenders. While the details […]
Prior to 2022, TCA § 40-25-105 did not address restitution paid to the victim of a crime in its ordered schedule of payments from a convicted defendant. HB 870/SB 893 sought to change this. Passed in 2021, and in effect as of January 1, 2022, § 40-25-105(a) now places a victim’s right to restitution as […]
Zack England is honored to be a member of the 2022 Tennessee Bar Association’s Leadership Law Program. The program is in its 19th year and has had over 500 graduates. Members are nominated by alumni of the program and then chosen over a rigorous selection process. TBALL is proud to be comprised of a diverse alumnus […]
The vast majority of people have some level of experience with selling their homes or purchasing a new home. However, there are many moving parts that go into those pesky sales contracts. While cumbersome, those contracts for the sale of real estate have some minimally specific requirements due to statutes here in Tennessee and due […]
When we talk about charges like theft/robbery and carjacking/joyriding, we often use terms interchangeably. However, the terms used to define each charge denote specific elements of each individual crime. You can read here in our previous post how robbery refers to the general taking of property through the use of violence or intimidation. Carjacking TN Code § […]
Robbery is the 2nd most common violent crime in Chattanooga specifically, and Tennessee in large. While similar to property crimes and lesser included offenses like theft, robbery is actually a personal crime because it refers to the specific type of theft that occurs during a violent, personal interaction. And depending on the severity of the […]
Diversions are programs offered in the state of Tennessee, through which certain 1st-time offenders might be eligible to avoid serving time and having a criminal record. Diversions are periods of probation during which the general prosecution of your case or your sentence is deferred. During this probation, you must follow certain conditions, and if you […]