When Police Can Enter Your Home Without a Warrant in Tennessee?

Most people assume that police can’t just walk into your home without a warrant—and in most cases, that’s true. Both the U.S. Constitution and the Tennessee Constitution strongly protect your right to privacy in your own home. But like many areas of law, there are important exceptions. Whether it’s a knock at the door during […]
DUI Per Se: Should I Plead Guilty If My BAC Is Above .08%?

No, you should not plead guilty simply because your BAC is above a .08% BAC without a skilled DUI defense attorney fully evaluating your case, your circumstances, and advising you as to the potential benefits and risks of proceeding forward with your case. There are countless factors in DUI cases that can impact the accuracy […]
Juvenile Diversion in Tennessee: A Guide for Parents of First-Time Offenders

Discovering that your child has been accused of a crime is one of the most distressing moments a parent can face. In Tennessee, the juvenile justice system is designed to focus more on rehabilitation than punishment—especially for first-time offenders. If this is your family’s first encounter with the legal system, you’re not alone, and there […]
Can You Go To Jail At An Arraignment?

Facing a criminal charge in Tennessee? One of your first steps through the legal system will likely be an arraignment—a brief but important court appearance where the judge informs you of the charges filed against you. But many people wonder: Can I be taken to jail at my arraignment, even if I’m already out on […]
How To Help a Friend or Family Member Arrested In Knoxville

Getting a phone call that a loved one has been arrested in Knoxville is one of those moments that stops you in your tracks. Whether it’s a friend, child, spouse, or sibling, many questions could be racing through your mind–what should you do first? How can you help? And how serious are the charges? Our […]
Police Body Cam and Dash Cam Footage: How It Could Help Your Case

If you’ve been arrested in Tennessee—especially for DUI or a criminal charge—there’s a good chance your case was recorded on a police body cam or dash cam. But what that footage actually shows (and what it doesn’t) can have a major impact on your defense. At Barnes & Fersten, our attorneys don’t just watch the […]
When Does Theft Become a Felony in Tennessee?

Theft is one of the most commonly charged crimes in Tennessee, but many people don’t realize how easily a seemingly minor theft can escalate into a felony offense. Whether it involves shoplifting, taking property from an employer, or being accused of financial fraud, the stakes are high—and a felony conviction can carry lifelong consequences. Under […]
How Long Can Police Detain You in Tennessee?

Being stopped by the police can be a nerve-wracking experience. When you see those blue lights flashing behind you, your first thought might be, “how long is this going to take?” But a more important question is: how long are the police legally allowed to keep me? Most people don’t realize that the U.S. Constitution […]
When Can Police Pull You Over in Tennessee?

Getting pulled over by the police can be a stressful and confusing experience—especially if you’re not sure why it happened in the first place. Many drivers wonder: Can police stop me for no reason? Do they need to see a traffic violation first? Understanding when a stop is legal—and when it isn’t—is important when driving […]
Domestic Assault vs. Simple Assault in Tennessee: What’s the Difference?

In Tennessee, assault charges are taken seriously by both law enforcement and the courts. However, not all assault charges are treated the same under the law. Two of the most commonly charged offenses—simple assault and domestic assault—may involve similar conduct, but they carry distinct legal definitions and consequences. The key difference often lies in the […]