Posted on September 26, 2024 in Criminal Defense

Senate Bill 2304, sponsored by Gardenhire, Rose, and Walley, went into effect July 1, 2024. The bill places those who fail to appear in court for a bench warrant on a federal fugitive database if they were charged with a felony or a Class A or B misdemeanor that is violent or sexual in nature. The individual will be placed on that federal database within 10 days of failing to appear in court for one of these offenses.

If you find yourself placed on the federal fugitive database, it is important that you speak to a knowledgeable criminal defense attorney as quickly as possible. When you choose a Knoxville, TN criminal defense attorney from The Baker Law Firm, you have taken an important first step toward protecting your future. You can find out more below about how to be removed from the federal fugitive database after a failure to appear.

Continue Reading ››

 Posted on September 18, 2024 in University of Tennessee Knoxville College Students

Going off to college is an exciting time of adventure and learning about the world. However, as college students try to spread their wings and experiment with new things, there is one new experience they would probably rather avoid: getting arrested for the first time. When a college student faces charges, what happens next depends on several factors. Since it is often the first time people are exposed to alcohol with potentially high frequency, many college students in Tennessee get arrested for things like underage drinking and public intoxication, which are considered relatively minor offenses.

If, however, your arrest is for something more serious, the consequences can be severe, not only for your criminal record but also for your education. If you are a college student facing charges, contact a Rutledge, TN criminal defense attorney for guidance.

Continue Reading ››

 Posted on September 09, 2024 in Drug Crimes

Tennessee has the privilege of being home to many national parks. Local residents and visitors from out-of-state enjoy coming to the parks to experience the grandeur of America’s great outdoors. However, they bring up interesting questions about jurisdiction; they are under the responsibility of the federal National Park Service, even though they are located inside the state of Tennessee. 

If you are caught with marijuana or any other substance that is federally illegal while you are inside a national park, you could face federal drug charges. If you were charged with possession of illegal drugs while inside a national park, speak with an experienced Blount County, TN criminal defense lawyer to understand your options.

Continue Reading ››

 Posted on August 22, 2024 in Criminal Defense

A criminal record can hang over you for many years after the crime you may have committed and after you have served your sentence. Certain charges can hang over you, staining your reputation for the rest of your life. If you were a troubled youth who has turned your life around, it can be upsetting to feel like you need to keep paying for the mistakes you made as a kid. Expungement can be a great way to turn the page and have a fresh start. If you have a juvenile criminal record, speak with a qualified Jefferson City, TN criminal defense lawyer about whether you might be entitled to expungement.

What is Expungement?

Expungement is when a criminal record is sealed or erased. It means that the record is removed from public access and it is as if it never happened. This legal process helps individuals move on from past mistakes and can improve their lives in many ways, including:

Continue Reading ››

 Posted on August 15, 2024 in Sex Crime Charges

As AI technology advances, its capabilities continue to develop. AI-generated imagery is making big waves in industries such as entertainment, marketing, and art. It has also spread to the porn industry, where images and videos can be manipulated to create realistic but fake explicit content. The state of Tennessee recently passed new legislation addressing AI-generated child pornography, and anyone convicted can face serious criminal charges. If you face accusations of creating pornographic content with the use of AI technology, speak with a knowledgeable Oak Ridge, TN criminal defense attorney to see how you can protect yourself legally.

What is the New Legislation?

First, the state addressed AI technology in a more general sense:

• It enacted a law requiring the governing boards of all public institutions of higher education, local boards of education, and governing bodies of public charter schools to adopt policies about how students, teachers, and staff can use AI for school-related purposes. 

Continue Reading ››

 Posted on August 09, 2024 in University of Tennessee Knoxville College Students

Political protests are a great way to make your voice heard and advocate for change. However, they can sometimes get out of hand. There could be a violent minority of protestors riling up the crowd and causing chaos, and police might start arresting people. Being arrested at a political protest can be a frightening and confusing experience, especially if you are a college student. If you are in this situation, speak with a skilled Farragut, TN criminal defense attorney who can help protect your rights and handle the legal process.

What Should I Do if I Get Arrested?

You are in college and starting to think about what will happen after you graduate. There is no reason for a display of free speech to ruin your future. As stressful as it might feel to be arrested, there are several things you can do to try to keep the situation from getting worse.

Continue Reading ››

 Posted on July 26, 2024 in Domestic Violence

Most Americans know about how the Second Amendment of the U.S. Constitution protects their right to bear arms. We are so sure of this right that we might even take it for granted at times, assuming it will always be protected by law. But did you know that federal law imposes weapons restrictions on anyone subject to restraining orders? If someone accuses you of violent behavior and you are issued an order of protection, speak with a qualified Knoxville, TN criminal defense attorney to understand what it means for your right to own your gun.

What Does Federal Law Say?

Under the Violence Against Women Act and amendments that followed, anyone subject to certain types of restraining orders is prohibited from possessing a gun. Two types of commonly issued restraining orders are:

Continue Reading ››

 Posted on July 19, 2024 in Sex Crime Charges

Age-of-consent issues can be complicated in Tennessee. While anyone younger than 18 is considered underage, and it is illegal for anyone of any age to have sexual relations with them, the law does address cases where both parties are close in age and have engaged consensually. If you think you might be facing statutory rape charges, speak with a skilled Rutledge, TN criminal defense attorney who can review your case and advise you on whether Romeo and Juliet laws might offer you protection.

What are Romeo and Juliet Laws?

The state of Tennessee has an entire set of laws dedicated to protecting victims of sexual crimes. Named for the famous ill-fated star-crossed lovers in William Shakespeare’s play, Romeo and Juliet laws describe exceptions to the rules that would otherwise result in charges of statutory rape. In Tennessee, these laws mitigate the penalties that could otherwise result when underage individuals engage in sexual activity, with the understanding that under certain conditions, the act is consensual rather than exploitative.

Continue Reading ››

 Posted on July 05, 2024 in Sex Crime Charges

The state of Tennessee recently joined Florida to become the second state in the U.S. to give prosecutors the option of seeking the death penalty for those convicted of child rape. This is despite the fact that the death penalty in Tennessee has been on hold since 2022 because of botched executions. Further, a Supreme Court ruling in 2008 (Kennedy vs. Louisiana) declared the death penalty a violation of the 8th  Amendment.

At that time, the Supreme Court found the death penalty to be cruel and unusual punishment when the crime itself did not involve murder. The new TN law went into effect July 1, 2024, even though the governor’s moratorium that placed a pause on state executions is still in place. The governor did not comment on how his moratorium on the death penalty could co-exist with the bill he just signed. Proponents of the new law believe it is justified under the theory that the death penalty will act as a deterrent to keep "would-be criminals" from committing reprehensible crimes.

Continue Reading ››

 Posted on June 19, 2024 in Criminal Defense

Tennessee has a rich history of protecting the Second Amendment rights of its citizens, allowing individuals to keep and bear arms with relatively permissive laws compared to other states. However, in recent years, the state legislature has enacted more stringent regulations to enhance public safety. If you are accused of a weapons offense, a Tennessee lawyer can help you understand the potential consequences and take immediate action to protect your rights.

It is Helpful to Understand Tennessee’s Weapon Laws

While the Second Amendment protects an individual’s right to bear arms, you must understand that this right is not absolute and is subject to state and local regulations. In Tennessee, the law prohibits individuals from possessing, manufacturing, transporting, repairing, or selling various types of weapons.

Continue Reading ››