Nashville Drug Possession Marijuana Attorney
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It is not an easy thing to be pulled over by the police, but sometimes when you are driving down the interstate you may notice some large white blazers parked in the middle of the interstate, 24, 40 or 65, these are generally 20th judicial drug task force officers, including drug sniffing dogs. Every time that you are pulled over by a police officer it involves a 4th Amendment issue, was the stop legal? Was there a reason to stop you and search for drugs? What was the reason? Sometimes as a criminal defense attorney I find that in the police officers attempt to find people with drugs, they forget to follow proper procedure in the drug search. Should your rights have been violated during the drug search, I will fight vigorously to suppress the evidence that the police obtained. All illegally obtained is considered fruits of the poisonous tree, and must be suppressed.
In defending a drug crime involving a search one needs to focus on the fourth Amendment issues. More and more these issues are a result of a stop by police officers (in search of drugs) on a motorist on the interstate. It is my job as a criminal attorney to make sure that your rights are protected against such violations. Whether the search revealed medication that did not belong to you, marijuana, cocaine, or other narcotics, the 4th Amendment issues must be protected in every clients stop. I will fight hard to protect those rights.
Under case law in Tennessee even just being in the same room with drugs does not prove they are yours, or that you have ever ingested them, many times I have represented individuals who have been at parties where drugs were found in another room, they were charged, but under the Tennessee case law a very favorable result was had due to proper research and protection of 4th Amendment rights.
There must be probable cause to search, not the police going on a hunch or guessing, but real facts to support probable cause. It is just simply not enough to think someone has drugs in Tennessee, you must have far more than that to proceed with a search. As a criminal attorney in Tennessee I will make sure and review every part of the search to uphold your rights.
During the course of my practice as a criminal attorney I have filed suppression motions in Tennessee courts, I have tried class A felony drug charges to a jury. In reviewing your facts, if we find that your rights were violated we will work hard to suppress the fruits of the illegal search. I have defended people for misdemeanor drug possession all the way up to class A felony drug possession, give me a call today and let me review the facts of your case.
You may contact the law office at (615) 308-2633, we look forward to hearing from you.
Nashville DUI Probation
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Ok, I heard someone say in court the other day, what does Nashville DUI probation really mean to me. Nashville DUI probation can mean a lot of things to each defendant, however we will just stay with the first time offender DUI in Nashville and go through that issue. As a Nashville criminal attorney I work with many first time offenders and these seem to be the most asked questions about probation.
As a first time offender in Nashville for a DUI you may lose your license, again it all depends on the facts of your case, assuming you do lose your license your DUI attorney will have to get from the judge an order allowing you to go to your local Tennessee DMV and apply for a restricted license. Ok, so what does that mean, it means that your restricted license once obtained is good for going to work, college, and a few other things, but remember it is restricted, you are not free to drive anywhere you want, and if you get caught there are severe consequences.
Litter pick up crew, in Nashville Tennessee there is now a mandatory litter pick up crew for DUI first time offender’s in Tennessee. That means that you will have to do 3 days of trash pick up, each being at least 8 hours. It is mandatory, but in some counties there may be other alternatives to this DUI penalty in Tennessee. If you have to do the litter pick crew you will wear a vest saying I am a drunk driver and pick up litter along Tennessee roads.
Nashville DUI probation carries with it jail time that is mandatory, your probation begins after you complete a minimum 48 hours in the Davidson County jail, however there is now a mandatory 7 days in jail should you take the breathalyzer and blow a .20 or higher, generally most 7 day sentences are served consecutively, meaning once they book you into the jail, you have to serve all 7 days before you are released. The probation period is 11 months and 29 days in Tennessee.
Nashville DUI probation also consists of mandatory alcohol safety school, you will have to attend and complete this program while on probation. You may also be subject to random drug screen by your probation officer. The Nashville DUI Probation Department is located at, Room 21, Ben West Bldg., Nashville, Tennessee 37201, (615) 862-8364.
I also receive some emails regarding gun permits in Tennessee, while on probation. You are not permitted to carry your weapon even though you have a weapons permit in Tennessee, while you are on probation.
Nashville DUI Evading Arrest
Filed Under Nashville DUI attorney, Tennessee DUI Attorney | 1 Comment
I am often asked what is Evading Arrest in Nashville Tennessee? Well it all depends on the facts. Many times Evading Arrest will come about due to a DUI arrest, however any evading arrest can come about because of the following facts as defined by the State of Tennessee:
The State of Tennessee deems it unlawful to intentionally flee by any means of locomotion from anyone the person knows to be a law enforcement officer if the person knows the officer is attempting to arrest the person or has been arrested. There are defenses to this charge that a criminal attorney might be able to use in your defense. However, to violate this statute in Tennessee is a class A misdemeanor. but most the time it is charged as a felony (a first offense Nashville DUI is a misdemeanor) due to the following facts, If you are in a vehicle and receive notification from the officer via his signal that you are to pull over and bring vehicle to a stop, and you do not, it then becomes a felony in the State of Tennessee. A felony is a serious matter that can have life changing results, not being able to travel, loss of jobs, and losing your voting privileges,it is far more serious than a misdemeanor in Tennessee.
Should you create a risk of death or injury by your evading arrest, it then becomes a class D felony which increases your jail time. I have always said there are facts that lend themselves to each case that may help the client, (that is what a Nashville Tennessee criminal attorney does), because not all facts fit the definition of a state statute, there may be an argument that you did not violate the statute.
Most recenly there was a bill before the Tennessee State Senate that would have allowed a woman to drive to the nearest lit area, and then bring her vehicle to a stop when signalled by the police, (this was for fear that someone was not in fact a police officer, but an impostor) that bill was defeated, (strictly my opinion, but the thoughts in defeating the bill could have been liability in allowing someone you think is committing a DUI to proceed onto a lit area, and then they hit someone on the way to that area with there car). However, it brings up the point that there are different facts for every case, and not all the facts fit the description of statute in Tennessee.
Many times I have been told by clients they simply did not hear the police, (so are you gulity of evading arrest if you cant hear the police?) I think that is a valid argument in some cases, due to the way new cars are built, we have all seen the commercial of the Lexus that is essiently noise proof.
What are the penalties for a Nashville Tennessee evading arrest charge, in regards to your license? You can have your Tennessee drivers license suspended for 6 months to 2 years on top of the conviction. If you are convicted of a Nashville Tennessee DUI in connection with evading you can also lose your license for a year. Should you hold a CDL there could be more severe consequences (for both a dui and evading arrest)that involve The Homeland Security Dept.
Should you have questions regarding a criminal arrest in Tennessee, please feel free to contact me at (615) 308-2633 for a free consultation.
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Nashville Criminal Attorney
Filed Under Nashville Criminal Attorney, Nashville DUI attorney, Tennessee DUI Attorney | Leave a Comment
You were just arrested in Tennessee, what should you do next? You have questions that you would like to ask a Nashville criminal attorney:
- 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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Nashville Criminal Defense Lawyer
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At the Law Firm of Daniel L. McMurtry we understand your concern. It is a large task to maneuver through the criminal justice alone. Mr. McMurtry understands the concern, he has represented individuals at jury trial and general sessions court for the last 11 years. He has defended individuals charged with DUI, misdemeanors and felonies.
Mr. McMurtry began his career as a third year law student trying a murder trial with the head of the Mississippi Department Legal Defense. He learned the criminal justice system from the date of arrest all way up and through jury trial. The procedures at each turn in a criminal matter may have lasting effects, he understands the consequences of your decisions.
The clients at the Law Firm of Daniel L. McMurtry come from all walks of life, carpenters, plumbers, doctors, laborers, lawyers, teachers and many more areas. Each case is given attention to detail, as each case has its own facts with which to work. Mr. McMurtry understands that the case most important to you, is yours.
Mr. McMurtry has tried cases in Tennessee, and Mississippi, he has represented people in East, West and Middle Tennessee. His hard work and vigor led to his being invited to be an Ames Moot Court Judge at Harvard University Law School, where he also spoke on trial work to the first year students. He has also used focus groups to test legal theories before taking them to trial, along with continue to update his knowledge through legal education lectures.
To schedule a free consultation with Mr. McMurtry please call (615) 308-2633, let him put his hard work and legal knowledge to work for you.
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