Understanding the “Community Caretaking” Exception after State v. McCormick
Have you ever wondered what happens when law enforcement officers act in the interest of public safety, even when no laws are being broken? This is where the concept of “community caretaking” comes into play. It’s a legal principle that allows officers to act in situations where public safety might be at risk, even if […]
Tennessee Shoplifting Laws: Understanding Penalties and Defenses
In Tennessee, shoplifting is considered a serious criminal offense. Whether it’s an unfortunate mistake, a misunderstanding, or an intentional act, being charged with shoplifting can be stressful, often leading to severe consequences if not properly addressed. In this blog, we’ll break down Tennessee’s shoplifting laws, penalties, possible defenses, and the role a criminal defense attorney […]
Facing Accusations of Domestic Assault In Tennessee
Being accused of a crime that you didn’t commit can be a horrifying and disorienting experience. The stakes are significantly higher when these allegations involve domestic assault, a crime viewed with severe distaste in our society. In Tennessee, accusations of domestic assault can potentially result in heavy penalties, reputational damage, loss of gun rights, and […]
Miranda Rights: Why They’re Crucial For Criminal Defense
When one hears the term “Miranda rights,” images from various crime dramas might spring to mind. The iconic lines, “You have the right to remain silent. Anything you say can and will be used against you in a court of law,” have found a home in our collective consciousness. But how many of us fully […]
What Happens After Arraignment in Tennessee Court?
Navigating the criminal justice system is no simple task. One of the most frequently asked questions our legal team at Barnes & Fersten encounters is, “what happens with my case after the arraignment?” This question is understandable – the process can seem confusing and daunting for someone who has not gone through it before. Our […]
What Is An Arraignment In Tennessee?
Being arrested and charged with a crime in Tennessee is a distressing event. If that wasn’t enough, the prospect of navigating the complex court system adds another layer of anxiety to an already stressful situation. But rest assured, you’re not alone. At Barnes & Fersten, we’re committed to standing by your side and guiding you […]
Detention Hearings: My child was arrested and placed in custody in jail, is this legal?
https://www.youtube.com/watch?time_continue=1&v=Gi1PWh2JWU0&embeds_referring_euri=https%3A%2F%2Fknoxcrimdefense.com%2F&embeds_referring_origin=https%3A%2F%2Fknoxcrimdefense.com&source_ve_path=Mjg2NjY&feature=emb_logo&themeRefresh=1 Unfortunately, yes. The police may be taken to the juvenile detention facility after committing a criminal offense but the circumstances under which they are placed in jail after an arrest is limited. Generally, the police will only place your child in the detention facility if they committed an offense that either: Resulted in a […]
Driving Under the Influence: How to Fight a DUI Charge in Tennessee
Have you been charged with driving under the influence (DUI) in Tennessee? DUIs are serious charges, so it’s natural to panic and feel overwhelmed right now. However, let us provide some reassurance: a DUI arrest does not mean you will be convicted. The State must prove the case against you. And they must prove their […]
Can You Be Charged With a Crime Without Being Arrested in Tennessee?
Picture this: you’re relaxing at home when a letter arrives in your mailbox, informing you that you’ve been charged with a crime and must appear in court on a specific date. You’re stunned and perplexed since you’ve never been arrested or questioned by the police. Can this really happen? The short answer is yes, you […]
DEA Bans Delta-8 THCO and Delta-9 THCO
If you are a cannabis user or a hemp business owner, you may have heard of delta-8 THCO and delta-9 THCO, two novel cannabinoids that have been gaining popularity in recent years. These compounds are derived from legal hemp but havepsychoactive effects similar to delta-9 THC, the main intoxicating ingredient in marijuana. However, unlike delta-9 […]
