Getting a fair day in criminal court is the constitutional right of all Americans. However, getting offered the best plea deal is not. According to a recent article, a criminal defendant’s financial resources might affect the outcome of any negotiations with prosecutors. Specifically, a program called diversion may not be available to all criminal defendants. […]
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Nashville Criminal
Defense Blog
REQUEST A CONSULTATION Sex crime defendants deserve procedural due process Read More
As a former public defender, I am aware that substantial government resources may go toward investigating and prosecuting alleged sex crimes. Investigations may begin months or even years before an arrest is made. The recent arrest of a Tennessee man provides context. The accused, a 48-year-old former deputy at the Blount County sheriff’s office, has […]
Can challenges be raised against DNA evidence? Read More
Although DNA evidence may be characterized as irrefutable proof in television and movie dramatizations, real life applications raise some concerns. Specifically, there are variables that can affect the reliability of DNA evidence. One of the biggest problems with DNA samples is contamination, resulting in tainted evidence. DNA evidence must be properly collected, processed with care […]
Are Tennessee drug sentences appropriate to the crimes? Read More
A recent article questioned the appropriateness of penalties for drug possession for personal use. The question affects more people than readers might realize: An American is arrested every 25 seconds for possession of personal use drugs. Although officials may claim that their enforcement efforts target those who sell drugs, those who possess drugs are arrested at […]
Tennessee appeal results in a new criminal trial for the accused Read More
A former Tennessee sheriff’s post-conviction legal efforts have paid off: The Tennessee Court of Criminal Appeals recently ordered a new trial. The former sheriff was arrested for allegedly trying to shoot his wife. He was formally charged with attempted voluntary manslaughter, and the jury in his criminal trial found him guilty in February 2013. The […]
Even a conviction based on forensic evidence might be appealed Read More
For many, the term “forensic evidence” conjures up an association with science, or a process that has been verified by the scientific method. Yet it would be a mistake to characterize all types of forensic evidence as 100 percent accurate. Fingerprint identification, hair or fiber analysis, and DNA samples are all examples of evidence that […]
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