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Chattanooga Criminal Defense Blog

Can you sue if you're falsely accused of a crime?

If you've ever been accused of something you didn't do, you know how unfair it is. You have to face the negativity of those around you and defend yourself, even though you did nothing wrong. As for the person who made the allegation, you may think that he or she will get away with doing nothing to make up for it. The reality is that you could have a right to sue.

False allegations are common for police, so they know what to look for. However, when you're dealing with one, the reality that you can prove your innocence may not be enough to prevent you from dealing with backlash in your personal life. You may want to do everything you can to fight the allegations and to make the person who made them pay for your trouble.

False allegations of child abuse: A life-altering accusation

There could be nothing more painful than allegations that you hurt your child or spouse. Allegations of child abuse, specifically, are damaging to your reputation and could hurt your case if you're going through a divorce. Even in a place of employment, a claim of abuse could end up resulting in your job being terminated or you losing your right to work with others.

There are many cases in which people are falsely accused of domestic violence or abuse. These false allegations, even if rescinded, do have lasting consequences. It costs thousands to defend yourself against these allegations in some cases, and even if the case is acquitted, you'll still notice damage to your reputation with coworkers, friends and family.

The importance of DNA in gun-related crimes

DNA evidence is some of the most important evidence that can be presented for a case. DNA evidence easily results in convictions or the exoneration of defendants when they're accused of crimes thanks to the accuracy of DNA results. Its importance continues to grow, particularly as more DNA is collected and stored for access by the government and authorities.

No two people have the same DNA unless they're twins, so DNA has the potential to point out suspects and guilty parties immediately and beyond a reasonable doubt. DNA can help the authorities link you to a crime or eliminate you from a line of suspects. When linking crimes, DNA is often compared to see if patterns emerge or if the same person was at both scenes.

Busted with marijuana: Your future in college

Even though marijuana is not as serious a drug as others, like heroin or cocaine, the reality is that a drug charge for using, possessing or selling marijuana could hurt your life as a student. You face many penalties from the courts as well as penalties through your school. Beyond these penalties, you could find yourself impacted in other ways, like by losing your federal financial aid.

Marijuana laws in Tennessee restrict marijuana use in all cases, even for medicinal purposes. Even though marijuana is not a serious drug and is legal in other states, you must abide by Tennessee's laws. Simply possessing or casually exchanging the drug leads to a misdemeanor and required drug offender school. You'll also face a minimum fine of $250. If you exchange marijuana from an adult to a minor at least two years younger than yourself, you'll face a felony charge and fine of at least $500.

A drug charge can cost you your federal student aid

There is no way around it. As it is everywhere else, college is expensive in Chattanooga. Like most other students, you probably rely on student loans to help fund your education. Unfortunately, those loans do not come free and clear. Not only will you eventually have to start paying them back, but you also have to follow certain rules to maintain your eligibility in order to continue receiving student loans.

For example, if you get caught with drugs during the semester, you could get suspended from school because you violated the student code of conduct. In addition, you might be disqualified from receiving further student loans when you do go back to school.

Could your medications cause you legal troubles?

Driving under the influence of drugs is a crime that has to be taken as seriously as drunk driving. In both of these cases, you can face considerable penalties as a result of a conviction.

There are many misconceptions and misunderstandings surrounding drugged driving. It is important that anyone who drives understands these because even citizens who consider themselves to be upstanding might end up running afoul of laws pertaining to this.

Beating a breath test: Possible or not?

No matter how old you are, there has probably been a time in your life where you wondered if you could fool a Breathalyzer test. From childish curiosity to working out the actual logistics for adult purposes, it's better to understand the way a Breathalyzer works before you think you can trick it.

There are a few dozen myths about ways you can trick a Breathalyzer, but few have any impact. That's probably why there is no lack of people being arrested for DUIs. Does anything work?

Growing your own marijuana in Tennessee can result in jail time

There are many reasons why someone could decide to grow marijuana in Tennessee. Medical issues are a common reason. Other people may see a demand for a product, which is an opportunity for profit. Whether the reasons are medical or capitalist, however, the risk is the same. Tennessee law frowns on the cultivation of marijuana for any purpose.

While laws have changed dramatically in other states in recent years, that is not the case in Tennessee. Tennessee still takes a firm stance on marijuana use and cultivation. In fact, those who grow any number of marijuana plants in the state could find themselves facing felony drug charges with serious fines and jail times as a consequence.

Did you know using marijuana could make your gun illegal?

Most people in Tennessee know that the Second Amendment protects the right of citizens to bear arms and form a militia. What fewer people realize is that there are actually quite a few situations in which gun ownership is illegal. You may think that you are a legal firearm owner, but circumstances could lead to your facing serious criminal charges related to otherwise responsible gun ownership.

Using marijuana is one such situation. While social attitudes about marijuana have changed drastically in the last few years, federal and state laws on the topic have been much slower to change. Tennessee still has strict laws prohibiting the use, cultivation, possession and sale of marijuana. People who use marijuana in Tennessee while owning guns may find themselves at risk for serious gun charges.

The costs and restrictions of ignition interlock in Tennessee

Those charged with driving under the influence often face several kinds of consequences. Depending on the criminal background of the person in question and previous DUI offenses and the nature of the current offense, DUI charges can result in jail time and steep fines. There are also requirements for drug and alcohol treatment and the suspension of the individual's license for a certain period of time.

Losing your license can cause a host of issues, even if you avoid jail time. Your employer will likely not take kindly to excessive tardiness and absenteeism related to unreliable transportation. Your friends and family members could even start avoiding you to get out of offering you a ride somewhere. Unless you are physically capable of biking or walking everywhere you need to be, you will likely need to seek a limited license through the state's ignition interlock program.

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Leonard M. Caputo, P.C.
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801 Broad Street, Suite 520
Chattanooga, TN 37402
Toll Free: 800-783-4240
Fax: 423-266-1547

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