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Chattanooga Criminal Defense Blog

Methamphetamine: What you need to know in Tennessee

As someone accused of using or creating methamphetamine, it's important to know the facts about the drug in your state. How the state approaches drugs has an influence on the kinds of charges and penalties you face.

One of the things Tennessee's authorities have aimed to do is to reduce the number of methamphetamine labs in the state. Here are a few common questions about the labs:

Your rights when the Department of Children's Services arrives

If you're accused of domestic assault or violence, the Department of Children's Services (DCS) may come to your home. What rights do you have if this happens?

If someone has reported abuse or neglect, DCS must investigate the claim by law, even if it's obviously false. The investigator should tell you your rights on arrival and share the information they have on the allegations you face. At that point, you may wish to speak with your attorney, because there are steps you can take to protect yourself and your family.

3 arrested for drug-related crimes in Sullivan County

When you're on probation or are performing community service in lieu of a prison sentence, it's important to make sure you follow the rules of that probation. If you violate probation, then you could face further charges and incarceration. That's what may happen in this case in which at least three people are facing charges for drug crimes.

According to the news from May 3, two Sullivan County employees along with a community service worker were arrested when they were connected to illegal acts at the Sullivan County Transfer Station. It's alleged that they were involved in illegal drug activity. The employees were responsible for supervising the workers at the site.

You can fight inaccurate Breathalyzer test results

You were driving and may have gone across the center line once or twice as a result of inattention. You quickly readjust your vehicle and pay better attention to the road, but it's too late. A local cop has noticed your actions, and he's now pulling you over.

You had a few drinks, but you know it wasn't enough to put you over the limit. You ate dinner with your drinks and even waited an hour before leaving. You had coffee before you went home and didn't have any signs of intoxication.

False allegations of domestic abuse hurt your reputation

When you're accused of domestic violence, it can quickly ruin your reputation. If you're in the midst of a divorce, your spouse might have used a claim like this to get the upper hand in a child custody dispute or might have made the claim to try to get more support from the courts in general.

Even if the allegations are false, the court and police may enforce a protective order provided to the alleged victim. If you violate that order, you can face penalties.

Does self-defense make a homicide justifiable?

You've been accused of a gun crime for an act you didn't believe was illegal. You were in your home when someone broke in. You attempted to flee, but you ended up using your weapon to kill the intruder as he attacked.

Gun crimes happen in a number of ways. For example, in 2012, there were 259 justifiable gun-related homicides. That means that those crimes occurred in a way that was completely acceptable by the law. How? Those individuals were using a gun in self-defense.

Nature's fury wreaks havoc on Tennessee man growing pot

The tornado that struck Decatur County, Tennessee, during the last week of March caused a great amount of damage. In fact, one resident may lose more than just the mobile home destroyed during the storm. He may lose his freedom as well if he is convicted of the drug crimes he may soon face.

The sheriff of Decatur County was taking a tour of the storm's damage when he spied some "green, leafy material" that appeared to be out of place near a wrecked mobile home. Upon closer inspection, the sheriff discovered that the material was actually marijuana plants. After some additional searching, he found other marijuana plants as well as hydroponic growing equipment. The weight of the plants totaled 28 pounds, according to news reports.

A family-centered lawyer can help with domestic assault issues

Whether the accusations are completely false or grounded in reality, domestic assault allegations can have a long-lasting affect on your life and your personal relationships. Further, domestic assault is against the law in Tennessee, meaning a conviction will result in significant penalties.

If the alleged domestic assault results in bodily injury or a "reasonable fear of imminent bodily injury," it is a Class A misdemeanor. Penalties for this include a $2,500 dollar fine and up to nearly a year in jail.

Did your friend get you in trouble for crack possession?

Let's say you're riding with a friend in his car on the way to work in the morning. You've done it every day for years because it's a great way to save on gas and tolls. Unbeknownst to you, though, your friend is addicted to crack cocaine. The drug, as well as several crack pipes, are rolling around underneath your passenger seat.

One day, police pull your friend over for speeding, and before you know it, you're outside the car while police and their dogs nose through every nook and cranny of the vehicle. In no time at all, they pull out the crack pipes and crack cocaine. They were right under your seat, so the officer is looking at you.

How does Tennessee rank among DUI states? Recent report tells all

It is safe to say that all American states have worked to deter drunk driving in recent years. Tennessee is no exception, with lawmakers imposing harsh penalties on those convicted of a DUI/DWI. Even a first offense is serious in Tennessee, resulting in penalties such as 48 hours in jail, costly fines, loss of driving privileges and several others.

The question is, have the efforts of lawmakers to curtail drunk driving seen any results? According to data from a recent report, DUIs in the U.S. have risen overall. In 2015, over 10,000 people in America died as a result of DUI/DWI. More than 200,000 suffered injuries related to DUIs. How does Tennessee rank among the best and worst DUI/DWI states? Somewhere just below the middle ground at number 19.

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Leonard M. Caputo, P.C.
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