Know your ABC’s – Tennessee Misdemeanor Classes

Know your ABC’s – Tennessee Misdemeanor Classes

Jun 5, 2021 | News

Though termed “misdemeanor”, misdemeanor charges are serious offenses. Misdemeanors can range from speeding to drug possession and domestic assault.
Tennessee Class A misdemeanors carry up to 11 months, 29 days in jail and / or fines up to $2,500.00. Some common examples of a Class A misdemeanor in Tennessee include assault, domestic assault, simple possession of marijuana, possession of drug paraphernalia, theft, and DUI.
Class B misdemeanors carry up to 6 months in jail and / or fines up to $500.00. Common examples of a Class B misdemeanor in Tennessee include reckless driving and prostitution.
Class C misdemeanors usually consist of motor vehicle or regulatory offenses — such as speeding, wildlife violations, and other petty offenses. Class C misdemeanors can carry up to 30 days in jail and / or no more than $50.00 in fines.
If you have been charged with a Tennessee misdemeanor, do not hesitate to reach out to a criminal defense attorney. No matter how big or small the charge may seem, it is important to seek legal advice before your upcoming court date.

Sex Offender Registry

Jun 4, 2021 | Sex Offenses

Sex Offender Registry

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Tennessee Sex Offender Registry
Sex Offender Laws in Tennessee

Within the “Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004.”, the Tennessee General Assembly observed that it is a “compelling and necessary public interest that the public have information concerning persons convicted of sexual offenses…to allow members of the public to adequately protect themselves and their children from these persons.”

The details of this act can be found in T.C.A. § 40-39-201 et seq.

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The act further states that “persons convicted of these sexual offenses have a reduced expectation of privacy because of the public’s interest in public safety.” The General Assembly concluded: “in balancing the sexual offender’s and violent sexual offender’s due process and other rights against the interests of public security, the general assembly finds that releasing information about offenders under the circumstances specified in this part will further the primary governmental interest of protecting vulnerable populations from potential harm.” Because of this act, sex offenders must now register with local law enforcement agencies or face serious consequences — including new the felony charge of “failure to register.”

While these laws are in place to protect the public, can law enforcement and legislative bodies go too far? For example, on July 1, 2006, Georgia House Bill 1059 was passed preventing sex offenders from living within 1000 feet of a school bus stop. This law effectively banned sex offenders from living essentially anywhere within Georgia. Fortunately, the provision was never enforced because school bus routes were constantly changing and a Federal Judge enjoined its enforcement. In 2010, Georgia passed a new law. What happens if a park or daycare opens nearby to where you live, or a law prevents you from taking part in church activities, or if you are homeless and have no fixed address?

These are questions that our criminal defense lawyers at Davis & Hoss, PC take very seriously.

 

Answering Questions About the TN Sex Offender Registry
  • Your Chattanooga criminal defense attorney from Davis & Hoss, PC can address significant constitutional questions for the ever-evolving world of sex offender registries.
  • With more than 35 Years of Experience and a track record that includes nearly 200 cases tried in locations around the country, our Chattanooga sex crime defense lawyers have what it takes to defend you effectively.
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Nolle prosequi

Jun 4, 2021 | Expungement, News

Nolle prosequi

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Nolle prosequi

Nolle Prosequi or nolle pros. as it is typically said is notice that a prosecution is abandoned. This is accomplished by an announcement from the prosecutor that the state no longer intends to move forward. The decision not to prosecute can extend to some or all counts of an indictment or charge. This is different from a dismissal in that the case can be brought forward at a later date—although that is rarely done.

In a 1914 case the Tennessee Supreme Court said “a nolle prosequi is a discharge without acquittal, and can be awarded only by the Attorney General and the court. It being a discharge, it is necessarily a termination of the particular prosecution, although it is not a bar to a subsequent prosecution, unless it shall be entered after the defendant has been put to his trial upon a valid indictment before a jury duly sworn and impaneled.” Scheibler v. Steinburg, 167 S.W. 866, 866 (Tenn. 1914)

Nolle Prosequi is pronounced (nahl-ee prahs-e-kwI)

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Open Container Law in Tennessee

Jun 4, 2021 | DUI, News

Open Container Law in Tennessee

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Open Container Law in Tennessee

 

The law surrounding drinking alcohol in public is often misunderstood which was highlighted by a recent case of mine: Attorney Jay Perry.  An officer sought to arrest an individual for a violation of the “Open Container” law for drinking beer on a public sidewalk.  However, the “Open Container” law (T.C.A. 55-10-416) only applies to the driver of a motor vehicle, meaning that under Tennessee law it is perfectly legal for any passenger in a car to consume alcohol.  It is important to remember, however, that if travelling to Georgia or Alabama, you’d better finish that drink before crossing the state line.  Both of those states outlaw anyone in an operating motor vehicle from consuming alcohol.
As for my case, was drinking on a public sidewalk against the law?  There is a specific criminal prohibition on drinking on the grounds of a public school “having any of the grades kindergarten through twelve (K-12).”  But there is no general law in Tennessee prohibiting drinking in public.  However, don’t take to the sidewalks quite yet.  There are many municipal ordinances that make such behavior illegal.  For example, here in Chattanooga the city code states:
(b)   It shall be unlawful for any person to drink or consume any alcoholic beverage or
beer or have an open container of alcoholic beverage or beer in or on any of the following places:

  • public street, alley, avenue, highway;
  • public sidewalk;
  • public park;
  • public school ground;
  • any other public place;
  • teen social clubs, as defined in Chapter 11 of this Code; and
  • any parking lot held open to use by the public.
  • Chattanooga City Code Sec. 5-87

 

But wait, what about all of the great Chattanooga events, i.e. Nightfall, Brewfest, Riverbend, where beer is clearly sold (and consumed) in a public place?  Well fortunately, the city code also contains an exception for events where a temporary beer permit has been obtained.  So, in the end it appears that there are many times/places where you may legally drink in public but apparently not on the sidewalk.

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