While the answer is yes, it comes with many important things to remember. You should never have more than one beer open in an automobile, if there is only you and the driver, it could easily be inferred that both of you were drinking if there are two beers open and only two people in the car. It is illegal in Tennessee for someone to both drink and drive, even if they are no under the influence.

One beer is certainly legal as stated above, however if there are empty cans in the car and you have an open beer, but the driver does not, it might be inferred that the empty beers could belong to the driver, so again having one beer open is legal, but having more than one, empty or not could result in  inferences that might require an attorney.

While it is legal to drink a beer as a passenger in a car in Tennessee, it could easily result in being pulled over. Should you need assistance with an alcohol related matter please feel free to phone the office Monday through Saturday.

Daniel L. McMurtry, Esq.

Surprising to most people is that the simple possession statute makes it a felony to be caught with marijuana  if you already have two simple possession convictions. For this reason it is always important to take a charge of simple possession seriously, should you not, you may face a felony conviction later on in life.

In Tennessee there is also the charge of possession of paraphernalia. This charge is a misdemeanor just like simple possession of marijuana, it is very common to see an individual charged with both of these crimes. They are two seperate and independent charges.

Should you need representation on your charge, please give the law office a call, we would be pleased to speak with you.

A person commits an offense who in a public place and with intent to cause public annoyance or alarm:

(1) Engages in fighting or violent or threatening behavior;

(2) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to fire, hazard or other emergency; or

(3) Creates a hazardous or physically offensive condition by any act that swerves no legitimate purpose.

      (b) A person also violates this section who makes unreasonable noise that prevents others from carrying on lawful activities.

As one can see, disorderly conduct in Tennessee can cover a broad sweeping area, there are defenses to the charge and other alternatives to pleading guilty and having a record the remainder of your life. Please feel free to phone the office so that we may assist you. You may reach us at toll free 1 (877) 271-2633 or local at (615) 308-2633.

www.nashvilleduiinfo.com

Daniel L. McMurtry, Esq.

First lets start with an arrest, the standard is measured by an objective standard meaning, not what the police thought, but what an ordinary person would think. So the question becomes would an ordinary person feel free to leave and not stay and converse with the police officer? That becomes the test used to determine if you are under arrest, and with all criminal cases your facts mingled with the law determine the outcome for your question of arrest.

The most common question I have posed to me is, Can a police officer come up and talk to me? and the answer is yes, there is nothing prohibiting an officer from approaching you and engaging in conversation. The question again becomes, are you free to leave, would a reasonable person feel free to leave when the officer is asking you questions?

However, one should remember that a police officer may in a case such as a DUI, after the automobile stop talk with the defendant, if the officer smells an odor of alcohol upon the person’s breath he may briefly detain the defendant for further investigation. The same could hold true for an officer approaching someone on the street to talk with them, and noticing contraband in their hand, that would be a justifiable reason to briefly detain the person, after a legal encounter.

Like most of criminal law, the facts are very important to each person’s case. If you need assistance in your case, please feel free to phone my law office at (615)308-2633.

Often this situation involves younger adults pitting their vehicles against each other, it can have deadly and far reaching consequences for everyone involved. Noting above, drag racing is a class B misdemeanor if the only thing that happened was a drag race, however drag racing that results in someone getting seriously hurt can result in a class D felony carrying 2 to 12 years in the jail; If a person is killed during the drag race a class B felony can result that carries with it a sentence of 8 to 30 years in the penitentiary, (not jail). There are also fines levied by the State of Tennessee for each conviction of drag racing.

Upon conviction of a drag racing offense you can have your license revoked for one year for a first offense, a second conviction in 10 years of the first may result in a permanent revocation of your Tennessee drivers license.  Should you need assistance in your case, please free free to phone the office at (615) 308-2633.

Under the statute of counterfeit merchandise there is a difference between making the product and selling the product, here I will only deal with selling the product. In Tennessee if you are caught with 25 or more products carrying a counterfeit mark, there may be an inference that you are possessing these items to resell them, in other words that is your intent, can this inference be rebutted, it can possibly be rebutted, but the state can most certainly infer it.

Under the counterfeit law if it is determined that you violated section (b) 2 your violation is graded as a theft crime, the problem with this is, how does one determine the amount of the theft? The State of Tennessee discusses in the counterfeit law that the value is graded at counterfeiters regular price for the item, which is much better for the client than grading it at the value of the real item.

The theft statute grades theft as follows; $500.00 or less is a class A misdemeanor; More than $500.00 but less than $1,000.00 is an E felony; $1,000.00 but less than $10,000.00 is an D felony; $10,000 but less than $60,000.00 is an C felony; $60,000.00 or more is an B felony.    

The criminal penalties and jail time are not a bar to the companies of the products seeking other legal remedies against you in civil court, ie a lawsuit against you for selling products with their logo.

Another problematic concern for the client might be the tax issue regarding any sale of merchandise that Tennessee Department of Revenue did not receive sales tax on, and or the Federal Government not receiving notice that you may have made income off of these products.

Should you need assistance please feel free to phone the office at (615) 308-2633 to discuss your case.

(1) Commits an act relating to the servants office or employment that constitutes an unauthorized exercise of official power;

(2) Commits an act under color of office or employment that exceeds the servants official power;

(3) Refrains from performing a duty that is imposed by the law or that is clearly inherent in the nature  of the public servants office or employment;

(4) Violates a law relating to the public servants office or employment; or

(5) Receives any benefit not otherwise authorized by law.

Official misconduct is a class E felony and carries with a possible 1 to 6 year sentence, it is a charge that is taken very seriously by the state, due to the fact that they feel like you have betrayed the public trust. There are defenses involved in this charge, such as what the benefit you received, did the benefit involve a substantial  risk of harm to undermine the official impartiality?

What are some examples of official misconduct? Accessing private information on government data bases that you have access to; revealing bids on a state seal bid contract to one bidder; receive a gift that you are not allowed to accept; and many scenarios where someone in law enforcement such as a state trooper or metropolitan police officer can be charged with official misconduct.  

The list above are just a few of the ways in which someone could find themselves under arrest for official misconduct,  it is a serious matter due to the public trust involved, if you or a friend have been charged with official misconduct, give the office a call at (615) 308-2633, we would be pleased to meet with you about your case.

• Will there be jail time involved?
• You have never been in trouble, does that help your case?
• Will I need a Nashville criminal attorney?
• Do I want a Nashville Tennessee attorney with jury trial experience?
• What if I forget about court and don’t show up?
• I have a prior conviction when I was younger, does that matter?
• I don’t understand I am charged with a Nashville DUI and DUI Per Se? 

Many people who find themselves arrested in Nashville have never been in trouble with the law before, they have never been in the Tennessee criminal justice system. It is hard to grasp the complexity and confusion of the court system, Mr. McMurtry a Nashville criminal attorney has spent 11 years in the Tennessee courts. He realizes that having that knowledge helps his clients navigate through all of the legal decisions that will need to be made in their case. 

So what does happen when you hire a Nashville Criminal Attorney like Daniel McMurtry. The first step he will take is reviewing the facts of your case, each case is factually different and each fact is important in a criminal case in Tennessee, as criminal cases are built on elements of a crime, your facts must meet those elements to find you guilty. Understanding the elements of a crime and working hard on your case allows a Nashville criminal attorney like Mr. McMurtry to be prepared each and every time you are in court.

Mr. McMurtry is known for his hard work and vigor in defending his clients. It was this hard work and vigor as a Nashville criminal attorney  that resulted in his invitation to be a Harvard Law School Ames Moot Court Judge and speak before the first year law class at Harvard. He stays on the leading edge of criminal law through educational lectures, and experiences in attending events where criminal law experts express cutting edge theories on defending clients.

You must be guilty of something you hired a Nashville criminal lawyer? That sounds silly, but it is said quite often, It is so far from the truth. In Illinois within the last ten years several men have been let off of death row because DNA showed they were in fact innocent. So retaining a criminal lawyer to look out after your interest does not in fact make you guilty of anything.

Can I just get any lawyer for a criminal matter? You can do that, but will that lawyer know what each element of the crime you are charged with is, will that lawyer know criminal procedure, will that lawyer know how to try a criminal case, and will that lawyer know the penalties involved in your criminal charge. Mr. McMurtry as a criminal attorney knows these things from experience and continuing education in criminal law.

Can a criminal charge be successfully defended? Yes, Mr. McMurtry has successfully defended individuals at trial, preliminary hearing and probabtion revocation. Being prepared and knowing criminal law in Tennessee can have a very positive effect on an individuals criminal charge. 

What can hurt my chances of positive results in defending my Tennessee criminal charge? If you don’t do anything, and just hope it all works out. Criminal charges do not just dissappear.

Can I meet with Mr. McMurtry? Yes, you can meet with him, and let him review your case as a criminal attorney. After meeting with you, He will be able to get an understanding of your case and discuss your case with you. With that in mind he can relay to you what you are facing in regards to jail time, fines, community service, and whether this charge will remain on your record forever.

Please give the office a call today at (615) 308-2633 and let Mr. McMurtry put his criminal law experience and legal knowledge to work for you, there is no obligation to meet with him. Call us today for a review of your case. 

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