Robbery

May 31, 2021 | Theft Crime

Robbery

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Chattanooga Robbery Defense Attorney
Serious Legal Help from Our Chattanooga Criminal Defense Lawyers

Under the Hobbs Act, it is a federal criminal offense to commit any robbery against any business that affects interstate commerce. This is a broad power granted under the commerce clause in the United States Constitution.

Robbery is a serious violent felony accusation that carries substantial mandatory jail time upon conviction. Bank robbery and armed robbery can both be prosecuted in federal court in addition to robberies that affect interstate commerce. All criminal charges are serious, but federal cases are especially so because they almost always involve higher penalties along with a prosecution team made up of skilled investigators and agents with larger budgets and years of experience.

Hire a Chattanooga criminal defense lawyer with experience and a track record of success to defend you.

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If you have been accused of a federal theft crime, you need assistance from a Chattanooga federal criminal defense attorney who can help you defend yourself from a robbery charge in federal court. Contact Davis & Hoss, PC for a free consultation today and learn how our experienced team of Tennessee lawyers may be able to help you achieve freedom and exoneration.

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Child Pornography

May 31, 2021 | Sex Crime

Child Pornography

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Child Pornography Lawyer in Chattanooga, TN
Serious Defense for Charges of Federal Criminal Activity

Child pornography is a sex crime that is considered a federal offense, meaning the accused individual can be prosecuted by federal investigators and attorneys. Possession or distribution of child pornography is considered an extremely serious charge in federal court, with weighty penalties on conviction. Federal statues define what the elements of child pornography are and what the punishments could before conviction of this crime.

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Under 18 USC § 2252A, any individual who mails, ships, or transports child pornography by use of interstate or foreign commerce, including computer – or any individual who receives or distributes such material – has committed a federal crime. Punishment is mandatory upon conviction and often requires incarceration for many years. It is crucial to be proactive if you have been charged with this crime or have reason to believe you will be charged in the future.

This is an evolving area of the law and recent federal decisions show how important it is to have an experienced Chattanooga criminal defense attorney represent you if you are facing these charges. Don’t let fear or embarrassment prevent you from seeking counsel immediately if contacted by authorities concerning these issues.

Hire a lawyer who can defend you actively and effectively from the severe penalties you could face if convicted.

Chattanooga Sex Crime Lawyer with 35 Years of Experience

Attorneys Lee Davis and Bryan Hoss have represented a number of clients in federal court on charges of possession and distribution of child pornography in several different jurisdictions over the years. They have successfully resolved many of these cases both through negotiation for some and by trial or plea for others. If you have been charged, your case requires immediate action in order to best defend you against serious child pornography allegations.

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White Lightning-Synthetic Forms Of Cocaine And LSD

May 31, 2021 | Drug Crime, News

White Lightning-Synthetic Forms Of Cocaine And LSD

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The TN Attorney General was asked whether Tennessee Law prohibits the production, manufacture, distribution, or possession of synthetic forms of the drugs LSD and cocaine, including the product known as White Lightning? No, in most situations, is the reply form the AG in a recent opinion.

In short, because these items do not contain controlled substances, they probably are not covered by current TN law. However, the AG opinion points out, even if a product purporting to be synthetic LSD or synthetic cocaine were found not to contain a controlled substance, it may still qualify as a counterfeit controlled substance under Tenn. Code Ann. § 39-17-423.

Senator Roy Herron requested the opinion in response to the growing problem of White Lightning. White Lightning is one of a number of names under which methylenedioxypyrovalerone (MDPV) is sold. MDVP is sold openly in gas stations and other retail stores, labeled as not for human consumption and purporting to be insect repellent or bath salts. MDPV is not currently a controlled substance under Tennessee law or federal law.

The problem with enforcement seems to be a conflict in TN law with White Lightning’s actual use and its purported use. Because Tenn. Code Ann. § 39-17-423 specifically excludes from its purview any substance that may be legally purchased at a drug or grocery store without a prescription, so long as the substance is not represented to be a controlled substance.

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Conspiracy

May 31, 2021 | White Collar Crime

Conspiracy

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Chattanooga Conspiracy Lawyer
Serving Tennessee Residents with More Than 35 Years of Experience

Are you facing charges of conspiracy in connection with a white collar crime? Conspiracy is typically defined as two or more individuals entering into an agreed arrangement to commit some type of criminal offense. The most common types of conspiracy accusations dealt with in federal court involve drug crimes, but conspiracy can be charged in a variety of other offenses including robbery, homicide, RICO Act prosecutions, and other federal cases.

A conspiracy charge often allows prosecutors to go after individuals that would otherwise not have enough evidence against them if tried alone. In most cases, the evidence against one individual involved in a conspiracy charge is less compelling and the only thing linking them to any criminal activity is their relationship with an alleged “co-conspirator.” If you are facing conspiracy charges, it is absolutely imperative that you hire a Chattanooga criminal defense lawyer for the legal defense you need and deserve to protect yourself from these types of charges.

Strong Chattanooga Criminal Defense Attorneys

If you have been charged with conspiracy or have reason to believe you may be suspected of this crime, contact the experienced legal team Davis & Hoss, PC immediately to schedule a consultation with Lee Davis or Bryan Hoss. With more than 35 years in the legal industry, our Chattanooga white collar crime lawyers have the experience, knowledge, and court trial skill you need to safeguard your rights.

 

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Domestic Violence

May 18, 2021 | State Cases

Domestic Violence

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Domestic Violence Defense Attorney
Learn Your Rights & Legal Options

Most people are unaware that the Chattanooga Police Department and the Hamilton County Sheriff’s Office have policies in place that require an arrest if – when the police are called to a home for domestic violence – they find evidence of any kind of an assault. In other words, if a neighbor calls 911 because a husband and wife are arguing, police will go to that home. If someone says that he or she was assaulted, the alleged perpetrator is probably going to jail right then and there. Sometimes that is the right decision and sometimes police are given a poor version of events or simply get it wrong.

In Tennessee, an alleged victim in a domestic violence case does not have the power to drop the charges. The decision to charge rests with the police, but the responsibility to prosecute is within the sole discretion of the District Attorney’s Office. Most prosecutors will not dismiss a charge of domestic assault at arraignment, even if the alleged victim asks for this to be done. If you are charged with domestic assault, violation of a restraining order, or any other type of domestic violence, you should retain an experienced Chattanooga criminal defense attorney immediately. That is the best way to avoid a permanent conviction on your record and all that this accusation portends for your job and other important rights including your Second Amendment right to possess firearms.

Will Domestic Violence Show up on a Background Check?

A domestic violence conviction will show up on a background check. A domestic violence conviction can dissuade an employer from offering you the job, since many companies do not want to risk employing someone who might be associated with violent tendencies. A domestic violence conviction can also prevent you from legally holding specific types of jobs moving forward. Many fields require workers to meet a high level of responsibility and moral and ethical judgment. For example, if you apply to be a teacher, you are more likely to not be chosen by the employer because you are supposed to be an example to others. Similarly, if you work in social services, you will need to be a trustworthy figure, but a domestic violence conviction on your record will work against you here.

How the Prosecution Handles Domestic Violence Cases

If you are the victim of domestic assault and you are seeking to have criminal charges dropped against your husband, boyfriend, wife, girlfriend, partner, or relative, then you too should consult an attorney. In Tennessee, unless you are married to the person who is charged with the crime, the District Attorney’s Office can force you to testify. Even if you are married, your marital privilege against testifying is limited to so-called “marital communications.” A defense lawyer experienced in these issues is necessary for you to fully understand your rights and responsibilities.

The prosecutor merely needs to be sure that you have been served with a subpoena – then at that point, you may be forced to testify. Should you refuse, you risk being jailed for contempt. In addition, if your testimony changes materially from your sworn affidavit, then you risk being charged with filing a false police report. Unfortunately, we have seen this happen too many times over the years. You need to talk to a lawyer right away if you or your spouse or cohabitant has been accused of domestic violence in order to receive the legal protection you need.

False Accusations of Domestic Violence in a Divorce

In many cases, domestic violence charges are completely false. In some of these cases, the fabricated charges follow divorce proceedings. Unethical people will sometimes tell so-called victims to file a criminal charge of domestic violence against their former spouse or partner in order to gain a tactical advantage in a circuit court divorce case. If you have been charged with domestic assault during a divorce case, you need an experienced criminal lawyer immediately.

Serious Representation from Our Domestic Violence Defense Team

We know that, if you have been charged with domestic assault, you probably don’t want a trial or public display of your private life. We also realize that you do want your side of the dispute to be heard and, ultimately, for justice to prevail. From our years of experience in the courts of Tennessee, we are prepared to advise you as to how best to proceed in order to limit the danger domestic assault charges can bring and protect your record from a domestic assault conviction.

Remember, a conviction of domestic violence, once entered, will stay on your record for life. It is imperative that you receive strong legal help at this time. Call Davis & Hoss, PC at (423) 266-0605 today to schedule a free case evaluation with our understanding, competent Tennessee criminal defense attorneys.

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