Houston & Alexander PLLC

When Should You Hire a Criminal Defense Attorney? Key Situations Explained

Tue, 28 Apr 2026 19:11:12 GMT

Facing criminal charges can be overwhelming, and knowing when to call a criminal defense attorney in Chattanooga, TN, can make all the difference in your case’s outcome. Whether you’re dealing with charges related to DUI, drug offenses, assault, or theft, early legal guidance is crucial to safeguarding your rights and navigating the complex legal system. This article explores the key situations when you should hire a criminal defense lawyer, why early intervention matters, and how professional legal support differs from attempting to handle your case alone. If you find yourself in need of expert assistance, firms like Houston & Underwood, PLLC, are experienced partners who can provide the necessary defense and clarity during a difficult time.

Common Situations Requiring a Criminal Defense Attorney

There are several scenarios in which hiring a criminal defense attorney is strongly recommended. These situations often involve charges that can carry serious penalties, including fines, jail time, or long-term impacts on your life and record.

DUI and DWI Charges

Driving under the influence (DUI) or driving while intoxicated (DWI) are among the most common reasons people seek a criminal defense attorney in Chattanooga, TN. These cases often involve complex evidence such as breathalyzer results, field sobriety tests, and police reports. A defense attorney can challenge the validity of the evidence, ensure your rights are protected during arrests or interrogations, and work toward reduced penalties or case dismissal.

Drug-Related Charges

Drug possession, distribution, and manufacturing charges carry serious consequences under Tennessee law. Whether you’re facing misdemeanor or felony drug charges, a criminal defense lawyer can evaluate the evidence, negotiate plea deals, or fight for a dismissal if an unlawful search or seizure occurred. Drug laws vary widely, and skilled legal representation is vital to minimize the impact on your life.

Assault and Violent Crimes

Assault charges often come with steep penalties and can affect your personal and professional reputation. If you’re accused of assault or other violent offenses, hiring a criminal defense lawyer in Chattanooga Tn early on is crucial. An attorney will gather witness testimony, scrutinize police investigations, and build a defense to counter exaggerated or inaccurate allegations.

Theft and Property Crimes

Whether it’s petty theft, burglary, or vandalism, property crime charges require immediate legal attention. A criminal defense attorney can assess the strength of the prosecution’s case and present mitigating factors to negotiate charges or sentencing. Handling these cases without legal counsel significantly increases the risk of harsh penalties and permanent criminal records.

Other Criminal Charges

Beyond the above, there are many other charges where legal expertise is essential, including domestic violence, fraud, probation violations, and more. If you are contacted by law enforcement, subpoenaed, or charged with any criminal offense, consulting a criminal defense lawyer can prevent unintentional mistakes that jeopardize your defense.

Why Early Legal Intervention Matters

Engaging a criminal defense attorney as soon as possible after being charged or suspected of a crime provides numerous benefits. Early intervention helps in preserving evidence, assessing the prosecutor’s case strength, and establishing a communication strategy with law enforcement and courts.

· Protect Your Rights: A lawyer ensures your Fifth Amendment rights against self-incrimination are upheld during questioning.

· Investigate Thoroughly: Swift action allows your attorney to interview witnesses, collect surveillance footage, and gather crucial documents before details are lost.

· Negotiate Early: Experienced attorneys often negotiate more favorable plea agreements when they have time to build a case before trial.

· Reduce Stress and Confusion: Legal professionals guide you through complex procedures, deadlines, and paperwork, giving you peace of mind.

· Potential for Case Dismissal or Reduced Charges: Early legal scrutiny often uncovers procedural errors or insufficient evidence that can result in dropped charges.

Handling Your Case Alone vs. Hiring a Criminal Defense Lawyer

While it might seem tempting to represent yourself to save money, criminal cases are rarely straightforward. Tennessee’s criminal justice system involves detailed rules and significant stakes that require professional knowledge and advocacy.

Risks of Going It Alone

· Misunderstanding your rights or the legal options available.

· Failing to file critical motions or meet procedural deadlines.

· Struggling to contest evidence or negotiate with prosecutors effectively.

· Risking harsher sentences due to a lack of legal strategy.

· Increased anxiety and lack of support during hearings or trials.

Advantages of Hiring a Criminal Defense Attorney

· Legal Expertise: Attorneys understand state laws, court procedures, and defense strategies tailored to your charges.

· Personalized Defense: Lawyers analyze your case deeply to identify weaknesses in the prosecution’s charges.

· Professional Negotiation: Attorneys communicate directly with prosecutors and judges to advocate for reduced charges or alternative sentencing.

· Emotional Support: Facing criminal charges is stressful; having an advocate helps reduce anxiety and confusion.

· Better Case Outcomes: Statistically, defendants with legal representation achieve more favorable resolutions than those without.

Take Action Before It’s Too Late

If you or a loved one in the Chattanooga area faces criminal charges such as DUI, drug offenses, assault, or theft, understanding when to hire a criminal defense attorney can protect your future. Early intervention with an experienced criminal defense lawyer in Chattanooga Tn significantly improves your chances of a more positive outcome. Avoid the pitfalls of navigating the legal system alone and gain peace of mind knowing your rights are defended effectively. For trusted legal counsel tailored to your unique situation, reach out to Houston & Underwood, PLLC, today. Their team specializes in criminal defense law and is ready to guide you through every step of the process, ensuring your voice is heard and your rights protected.

DUI Lawyer: What to Do Immediately After a DUI Arrest

Thu, 29 Jan 2026 19:07:10 GMT

If you’ve recently been arrested for DUI in Cleveland, TN, it’s crucial to know exactly what steps to take next to protect your rights and your future. A DUI lawyer in Cleveland, TN, like those at Houston & Underwood, PLLC, can offer invaluable guidance during this challenging time. This article will walk you through immediate actions after a DUI arrest, help you avoid common mistakes that can hurt your case, and explain why contacting an experienced DUI lawyer as soon as possible is your best course of action.

What to Do Immediately After a DUI Arrest

When you find yourself facing a DUI charge, the moments following your arrest are critical and can significantly impact the direction and outcome of your case. The initial hours and days after the arrest are often overwhelming, filled with confusion and uncertainty. However, by taking the right steps promptly and knowing how to protect your rights, you increase your chances of achieving a favorable result. This guide provides a clear, step-by-step overview of what to do immediately after a DUI arrest to safeguard your future and begin building a solid defense with the help of a skilled DUI lawyer .

1. Remain Silent and Stay Calm

You have the right to remain silent, and exercising this right is essential. Avoid making any statements to the arresting officers beyond providing basic identification. Anything you say can be used against you in court. Staying calm helps you think clearly and prevents you from saying something that could damage your defense.

2. Request a DUI Lawyer

Immediately ask for a DUI attorney in Cleveland, TN. This ensures you have professional guidance from the moment your rights must be defended. A competent DUI lawyer in Cleveland, TN, understands local laws and court procedures and will help you navigate the complex legal system.

3. Understand Your Charges and Rights

Ask for clarification about your charges and the legal process ahead. Understanding what you’re facing allows you to make informed decisions. Your DUI attorney in Cleveland, TN, will explain your rights, potential penalties, and options such as plea bargains or trials.

Common Mistakes to Avoid After a DUI Arrest

Many people unintentionally harm their DUI case because they don’t know what NOT to do after an arrest. Here are common pitfalls to avoid:

Talking Too Much

One of the biggest mistakes after a DUI arrest is talking too freely to police officers. Remember, anything you say may be recorded and used against you. Only answer direct questions with necessary information, and contact your DUI lawyer immediately.

Refusing a Chemical Test

Refusal to submit to breath, blood, or urine tests can result in automatic license suspension and be used as evidence against you. However, blindly agreeing without understanding implications isn’t wise either. A DUI attorney can guide you on how to handle testing.

Posting Bail Without Legal Advice

Bailing out of jail may seem like the first priority, but rushing this process without legal counsel could backfire. An experienced DUI lawyer can advise on the best approach and potential bail options.

Ignoring Court Dates or Legal Notices

Missing a court date or failing to respond to legal notifications can lead to a warrant for your arrest and other complications. Keep track of all legal deadlines and work closely with your DUI attorney in Cleveland, TN, to stay on top of your case.

Why You Need an Experienced DUI Lawyer

Facing DUI charges carries serious consequences, including fines, license suspension, increased insurance rates, and even jail time. An experienced DUI lawyer offers the best chance to minimize these penalties.

Here’s why immediate and experienced legal representation is vital:

Expertise in Local DUI Laws: DUI attorneys in Cleveland, TN, know the specific nuances of local and state laws that can affect your case outcome.
Access to Evidence and Witnesses: Your DUI lawyer will gather critical evidence, challenge improper procedures, and interview witnesses.
Negotiation Skills: Often, a DUI attorney can negotiate plea deals or alternative sentencing options that reduce charges or penalties.
Courtroom Representation: If your case goes to trial, a DUI lawyer will defend you vigorously to protect your rights.

Take Action Now: Secure Your DUI Defense

If you or a loved one has been arrested for a DUI in Cleveland, TN, time is of the essence. The decisions you make immediately after your arrest can dramatically impact the course of your case. Avoid costly mistakes by remaining silent, requesting an experienced lawyer right away, and fully understanding your legal situation. At Houston & Underwood, PLLC, a trusted DUI lawyer serving Cleveland, TN, is ready to provide you with robust legal support and guidance. Don’t wait to get the help you need; contact a skilled DUI attorney today to start building a strong defense and protect your future.

Criminal Defense Lawyer in Chattanooga, TN: What to Expect

Thu, 04 Dec 2025 03:38:25 GMT

Facing criminal charges can be overwhelming and confusing. The legal system moves quickly, and one misstep can affect the outcome of your case. Working with an experienced criminal defense lawyer in Chattanooga, TN, ensures your rights are fully protected from the beginning. Contact us today at 423-267-6715 to schedule a consultation.

At Houston & Underwood, PLLC, we provide personalized strategies tailored to your specific situation. Our Criminal Defense Attorney team works closely with clients to explain their options, gather evidence, and develop a strong defense from day one. Knowing what to expect can reduce stress and give you confidence in your legal representation.

The Initial Consultation

Your first meeting with a criminal defense lawyer is a critical step in protecting your future. This consultation allows the attorney to understand your case and establish a plan of action.

What Happens During the Consultation

During this initial meeting, your lawyer will:

Review the details of your case, including all charges, citations, and any evidence the prosecution may have.
Explain potential legal consequences, penalties, and long-term impacts of criminal charges.
Discuss possible defense strategies that could be employed to protect your rights.
Answer questions you may have about court procedures, timelines, and your options in Chattanooga, TN.

Providing all documentation, such as police reports, witness statements, and prior records, enables your criminal defense attorney to evaluate your case thoroughly. This first meeting builds trust, sets expectations, and begins the process of crafting a defense that aligns with your goals.

Case Review and Defense Strategy

After the consultation, your attorney begins a detailed review of your case to identify key facts and potential weaknesses in the prosecution’s case.

Steps Your Lawyer Will Take

Examine evidence and witness statements for accuracy and relevance.
Investigate circumstances surrounding your charges, including interviewing witnesses if necessary.
Identify weaknesses or inconsistencies in the prosecution’s arguments.
Develop a defense strategy that aligns with your goals, whether that means negotiating a plea or preparing for trial.

Having a well-defined strategy ensures your criminal defense lawyer in Chattanooga, TN, can take immediate action and make informed decisions. Open communication during this phase helps you understand your legal options clearly and reduces uncertainty.

Communication Throughout the Process

Regular and transparent communication is essential in criminal cases. Your criminal defense attorney should keep you informed every step of the way.

How Communication Helps Your Case

Receive updates on upcoming hearings, court filings, and deadlines.
Complex legal terminology is explained in plain, understandable language.
Be informed promptly about plea offers, negotiations, or settlement discussions.
Receive guidance on responding to subpoenas or requests for information.

Clear communication allows your criminal defense lawyer to address questions immediately, reduce anxiety, and ensure you remain fully aware of your case status in Chattanooga, TN.

Preparing for Court

If your case goes to trial, preparation is key. Your criminal defense lawyer will guide you through each stage to ensure you are ready.

Court Preparation Includes

Understanding courtroom procedures and expectations, including decorum and testimony guidelines.
Preparing your testimony and practicing responses for potential cross-examination.
Reviewing all exhibits, evidence, and witness statements to anticipate prosecution arguments.
Coordinating with investigators or expert witnesses to strengthen your defense.

Proper preparation ensures your criminal defense attorney in Chattanooga, TN, can advocate effectively and reduce the likelihood of unexpected challenges during trial.

Negotiation and Resolution

Not all cases proceed to trial. Many can be resolved through plea agreements or alternative settlements. Your criminal defense lawyer will:

Benefits of Negotiation

Discuss potential plea deals and their implications on your record and future.
Evaluate whether a settlement is in your best interest.
Minimize penalties while protecting your legal rights.
Explain long-term consequences of any agreements to ensure informed decisions.

A skilled criminal defense attorney can often reduce charges or penalties through negotiation, achieving favorable resolutions without the stress of a full trial.

Post-Trial Support

Even after a verdict or settlement, your criminal defense lawyer in Chattanooga, TN, continues to provide critical support.

Post-Trial Guidance

Advise on appeals or post-conviction relief if needed.
Explain sentencing options and ensure compliance with court requirements.
Offer guidance on record expungements or sealing criminal history when eligible.

Continued support ensures your criminal defense attorney helps protect your rights and prepares you for any future legal implications.

Why Choose Houston & Underwood, PLLC

Selecting the right criminal defense lawyer in Chattanooga, TN, can impact the outcome of your case significantly. Houston & Underwood, PLLC offers:

Local Expertise

In-depth knowledge of local judges, courts, and procedures.
Experience representing clients in a wide range of criminal cases.
Strategies tailored to each client’s unique circumstances.

Dedicated Representation

Personalized attention to every detail of your case.
Clear guidance through complex legal procedures.
Skilled courtroom advocacy by our experienced criminal defense attorney team.

Learn more about our services on our criminal defense attorney page.

Contact Your Criminal Defense Lawyer Today

If you are facing criminal charges in Chattanooga, TN, do not wait to get professional legal assistance. Contact Houston & Underwood, PLLC today at 423-267-6715 or send us a message to schedule a consultation. Our team provides experienced, compassionate representation to help protect your rights and achieve the best possible outcome.

Why Choosing the Right DUI Lawyer in Chattanooga, TN Matters

Tue, 14 Oct 2025 19:59:44 GMT

A DUI charge in Tennessee can change your life in an instant. From losing your license to facing expensive fines, the penalties are severe. For many people, a conviction also creates problems at work and home. This is why it is critical to work with a skilled DUI lawyer who knows Tennessee law. Contact us today at 423-267-6715 to speak with an experienced attorney and begin building your defense.

The Harsh Reality of a DUI Conviction

In Tennessee, DUI laws are strict and unforgiving. A first-time offense can bring:

A one-year driver’s license suspension
Mandatory 48 hours in jail
Fines starting at $350
Mandatory DUI school

If you are charged again, the penalties only increase. Repeat offenders face higher fines, longer jail sentences, and felony charges. These long-term consequences are exactly why having an experienced DUI lawyer in Chattanooga, TN, is so important. They can often uncover errors or oversights that change the outcome of a case.

Why You Need a DUI Lawyer on Your Side

Many drivers think they have no chance to fight DUI charges. That is not true. A DUI lawyer can carefully review every detail of the arrest. From the moment police stopped you to how they handled chemical testing, there are many areas that may be challenged.

At Houston & Underwood PLLC, our attorneys focus on protecting your rights. Every client receives personal attention and a defense strategy tailored to their situation. Having a knowledgeable DUI lawyer in your corner can mean the difference between severe penalties and a more manageable outcome.

The Role of a DUI Attorney in Your Case

A skilled DUI attorney does far more than appear in court. They build a strategy by:

Reviewing dashcam or bodycam footage
Checking the accuracy of field sobriety and breathalyzer tests
Examining whether police had probable cause for the stop
Identifying any violations of your rights

Your DUI attorney can also negotiate with prosecutors to reduce charges or minimize penalties. This combination of negotiation and courtroom skill is why representation is so critical when facing DUI charges in Chattanooga. You can read more about this process on our DUI attorney page .

Understanding the Local Impact in Chattanooga

Being charged with a DUI affects far more than just your record. In Chattanooga, many employers perform background checks, and a conviction may hurt your career. Families often struggle with restricted driving privileges, loss of income, or the stress of public stigma.

This is another reason to work with an experienced DUI lawyer in Chattanooga, TN. Their knowledge of both state laws and local courts provides the best chance of reducing the long-term impact on your future.

Common Defense Strategies in DUI Cases

Every case is unique, but some strategies are used more often than others. A strong DUI lawyer will know when to apply them. Examples include:

Challenging Field Sobriety Tests

These tests are not always accurate. Poor weather, uneven roads, or medical conditions can affect performance.

Questioning Breathalyzer Results

Devices may be improperly calibrated, producing faulty readings. A DUI attorney can bring this to light.

Reviewing the Traffic Stop

If police lacked probable cause, the stop itself may have been unlawful. This can lead to a dismissal.

Presenting Alternative Explanations

Medical conditions or fatigue can sometimes mimic signs of impairment. An experienced DUI lawyer knows how to present these arguments.

Why Experience and Reputation Matter

When your future is on the line, you want a legal team with proven success. Houston & Underwood PLLC has built a reputation in Chattanooga for skilled courtroom defense and client-focused service.

Clients trust us because:

We bring more than two decades of combined legal experience.
We know how prosecutors in Tennessee handle DUI cases.
We provide honest, straightforward advice.
We fight to minimize the impact of every charge.

With a dedicated DUI lawyer guiding you, you never face the process alone.

Protecting Your Future with the Right Defense

The choices you make after a DUI arrest can affect the rest of your life. Attempting to face the charges without representation is risky. A DUI lawyer in Chattanooga, TN, has the tools to challenge evidence and push for better results.

Even if it is your first offense, hiring a DUI attorney is one of the most important steps you can take. Their knowledge of the law can help you keep your license, avoid jail, or secure reduced penalties.

Take Action Today

Time matters in DUI cases. The sooner you speak with a DUI lawyer, the sooner they can begin building your defense. Do not wait until it is too late to protect your rights.

Contact us today at 423-267-6715 to schedule a consultation with Houston & Underwood PLLC. Operating in the Chattanooga, TN area, our attorneys are ready to fight for you. Send us a message to get started now.

How a Criminal Defense Lawyer in Chattanooga Can Help

Thu, 07 Aug 2025 13:45:26 GMT

If you or someone you know has been arrested or faces criminal charges, it can be overwhelming. The right legal representation can make a significant difference. At Houston & Underwood PLLC, our attorneys help navigate the complex justice system, protect your rights, and work toward the best possible outcome. Call us today at 423-267-6715 for trusted legal support.

Whether it’s a DUI, drug charge, or another offense, understanding the steps you need to take is crucial. In this blog, we’ll walk you through handling criminal charges and how an experienced attorney can safeguard your future.

What to Do Immediately After an Arrest

Being arrested is overwhelming, but your response can affect your case. Follow these steps:

Stay Calm and Respectful: Always remain calm and respectful. Avoid arguing or resisting. Politely assert your right to remain silent and request a lawyer.
Contact a Lawyer Immediately: Call a lawyer right after your arrest. Early legal representation ensures your rights are protected. At Houston & Underwood PLLC, we’re ready to act fast and guide you through the process.

The Importance of Legal Representation

Navigating the legal system can be challenging, especially in criminal cases involving serious charges like theft, assault, or drug possession. A criminal defense lawyer in Chattanooga, TN , like those at Houston & Underwood PLLC, will:

Assess the Evidence: Review the evidence against you for any flaws or weaknesses.
Negotiate Plea Deals: Work to secure reduced charges or a more favorable sentence.
Challenge the Evidence: Contest illegally obtained evidence or questionable witness testimony.

At Houston & Underwood PLLC, our experienced team is dedicated to protecting your rights and ensuring fair treatment throughout your case.

How Houston & Underwood PLLC Protects Your Rights

When you hire a criminal defense lawyer in Chattanooga, TN, you are ensuring that an experienced professional is actively working on your behalf. At Houston & Underwood PLLC, we specialize in criminal defense, and we understand the ins and outs of the legal system. Here’s how we can help you:

Expertise in DUI Cases: If you’ve been arrested for DUI, time is of the essence. A DUI charge in Tennessee carries serious consequences, including potential jail time, fines, and license suspension. Our criminal defense lawyers in Chattanooga, TN, have successfully defended clients in DUI cases and can help mitigate the charges against you.
Thorough Investigation of the Case: From the moment you contact us, we begin a thorough investigation into your case. We analyze all available evidence, from police reports to witness statements, and work diligently to build the best possible defense strategy.
Tailored Legal Advice: Each criminal case is unique, which is why we offer personalized legal advice. Whether you’re dealing with felony charges, misdemeanor charges, or a simple misunderstanding, we will customize our approach based on your specific situation.

What Happens After Your Arrest

After you’ve been arrested and charged, the next steps will involve:

The Arraignment: At your arraignment, you will be formally charged with a crime and asked to enter a plea. If you don’t have a lawyer at this point, the court will likely assign a public defender. However, it’s always in your best interest to have an experienced criminal defense lawyer in Chattanooga, TN, representing you from day one. At Houston & Underwood PLLC, we’ll ensure that you fully understand the charges and the potential consequences.
Pre-Trial Motions and Discovery: Your attorney will file any pre-trial motions that may benefit your case, such as motions to suppress evidence or dismiss charges. We will also engage in discovery, where both parties exchange evidence, witness lists, and other pertinent information.
Trial or Negotiated Settlement: In some cases, the defense team and prosecution may agree to a negotiated settlement. However, if the case goes to trial, you will have a criminal defense lawyer in Chattanooga, TN, fighting for your rights every step of the way.

Why You Need a Criminal Defense Lawyer in Chattanooga, TN

The criminal justice system can be complex, and having a skilled criminal defense lawyer in Chattanooga, TN is crucial for a fair trial. At Houston & Underwood PLLC, we’re committed to providing a strong, strategic defense for all our clients.

If you or someone you know is facing charges, reaching out to legal counsel early improves your chances of a favorable outcome.

Being arrested can be overwhelming—but you don’t have to face it alone. With a trusted criminal defense lawyer in Chattanooga, TN, like those at Houston & Underwood PLLC, you can be confident your case is in capable hands. Call us today at 423-267-6715 to schedule a consultation, or visit our contact page to get started.

The Defender's Shield | Criminal Defense Attorney Chattanooga TN

websitebuilder@thryv.com — Wed, 26 Mar 2025 14:49:30 GMT

Understanding the Importance of a Criminal Defense Attorney

In the realm of legal battles, the role of a Criminal Defense Attorney in Chattanooga TN is indispensable. These legal warriors, such as those at Houston & Underwood PLLC, serve as the defenders of justice, ensuring that the rights of individuals are protected and that the truth prevails in the face of adversity .

The Defender's Shield:

Unveiling the Expertise of Houston & Underwood PLLC

At Houston & Underwood PLLC, our team of dedicated Criminal Defense Attorneys in Chattanooga TN stands as a beacon of hope for those facing legal challenges. With a commitment to excellence and a passion for justice, we strive to provide unwavering support and expert guidance to our clients.

Navigating the Legal Landscape:

The Intricacies of Criminal Defense

From navigating complex legal procedures to crafting compelling defense strategies, a Criminal Defense Attorney plays a crucial role in safeguarding the rights and freedoms of individuals. At Houston & Underwood PLLC, we leverage our experience and expertise to ensure that our clients receive the best possible defense.

Championing Justice:

Advocating for Fairness and Integrity

As staunch advocates for justice, our Criminal Defense Attorneys in Chattanooga TN are dedicated to upholding the principles of fairness and integrity in every case we handle. We believe that everyone deserves a fair trial and a chance to be heard, and we work tirelessly to ensure that our clients' rights are protected.

In the pursuit of justice, having a skilled Criminal Defense Attorney by your side can make all the difference. If you need legal assistance in Chattanooga TN, don't hesitate to reach out to Houston & Underwood PLLC. Contact us today to schedule a consultation and let us help you navigate the legal landscape with confidence and peace of mind .

Understanding DUI Laws and How a DUI Attorney in Chattanooga, TN, Can Assist

websitebuilder@thryv.com — Thu, 27 Feb 2025 03:35:24 GMT

If you’ve been arrested for a DUI in Chattanooga, TN, you may be unsure about what steps to take next. A DUI charge can carry severe consequences, but a skilled DUI attorney in Chattanooga, TN, can help you understand your options and work to protect your future. Houston & Underwood, PLLC, with extensive experience defending DUI cases in Chattanooga, is here to provide the guidance you need. In this blog, we’ll explain the potential penalties of a DUI conviction, common defense strategies, and why having an experienced DUI lawyer in Chattanooga, TN, can significantly impact the outcome of your case. Let’s explore what you need to know to navigate this challenging legal situation.

Understanding the Legal Penalties of a DUI Conviction

If you are convicted of DUI in Chattanooga, the consequences can be severe. The state of Tennessee imposes strict penalties on individuals found guilty of driving under the influence of alcohol or drugs. Some of the potential penalties include:

License Suspension : A DUI conviction can result in the suspension of your driver’s license for some time. In some cases, a restricted license may be issued, but this often comes with conditions.
Fines and Court Fees : DUI offenders are typically required to pay hefty fines, which can increase with repeat offenses.
Jail Time : In certain cases, a DUI conviction can result in jail time, particularly if the offense is not the first or if aggravating factors exist, such as a high blood alcohol concentration (BAC) or the involvement of an accident.
Alcohol Education Classes : You may be ordered to attend mandatory alcohol or drug treatment programs.

Common DUI Defenses That Can Reduce or Dismiss Charges

While a DUI conviction carries serious consequences, there are several defense strategies a DUI attorney in Chattanooga, TN, might use to challenge the charges against you. Some of the most common defenses include:

Improper Traffic Stop : The officer must have reasonable suspicion to pull you over. If the stop was made without proper cause, the evidence may be inadmissible.
Faulty Breathalyzer Tests : Breathalyzer machines need to be properly calibrated, and the test must be administered correctly. If there’s a mistake in this process, the results could be inaccurate.
Field Sobriety Test Errors : These tests can be influenced by factors such as weather, physical limitations, or improper administration.
Medical Conditions or Medications : Certain medical conditions or medications can impact the results of breathalyzer or sobriety tests, leading to inaccurate readings or conclusions.

A skilled DUI lawyer in Chattanooga, TN, will carefully examine the circumstances of your arrest, look for potential errors in the process, and work to have the charges reduced or dropped.

Why You Should Act Quickly After a DUI Arrest

If you’ve been arrested for DUI, it’s important to act quickly. There are time limits for challenging the charges and requesting hearings, especially for things like license suspension. The sooner you consult with a DUI lawyer in Chattanooga, TN, the better your chances of building a strong defense and protecting your rights. Delaying your response could hurt your case and make it more difficult to achieve a favorable outcome.

Contact Houston & Underwood, PLLC for Legal Assistance

If you’ve been arrested for DUI in Chattanooga, TN, you need a skilled DUI attorney in Chattanooga, TN, to protect your rights. At Houston & Underwood, PLLC, our experienced team is committed to fighting for the best possible outcome in your case. Don’t face this challenging time alone; contact us today for a free consultation and learn how we can help you with your DUI case.

Why You Need a DUI Attorney in Cleveland, TN

websitebuilder@thryv.com — Thu, 27 Feb 2025 03:27:27 GMT

If you’re facing DUI charges in Cleveland, TN, hiring a skilled DUI attorney is essential. With the right legal representation, you can better protect your rights and future. A DUI charge can lead to serious consequences such as fines, loss of driving privileges, and even jail time. Having an experienced DUI attorney in Cleveland, TN, on your side can significantly influence the outcome of your case.

How a DUI Lawyer in Cleveland, TN Can Help You

A DUI lawyer in Cleveland, TN, is a critical ally when challenging DUI charges. Your lawyer will thoroughly review the circumstances of your arrest, the evidence, and local laws to build a solid defense strategy. From assessing the legality of your traffic stop to challenging the results of field sobriety tests, an experienced attorney will work to reduce or dismiss the charges against you.

Benefits of Hiring a DUI Attorney in Cleveland, TN

A DUI conviction can have long-lasting effects on your life. By hiring a DUI attorney in Cleveland, TN, you’ll gain a legal expert who is familiar with the local court system and the nuances of DUI law in Tennessee. Your attorney will work tirelessly to ensure the best possible result, whether through negotiation for reduced penalties or by fighting for a dismissal in court.

Take Action Today - Call a DUI Attorney in Cleveland, TN

Don’t wait to protect your rights. If you're dealing with DUI charges in Cleveland, TN, contact Houston & Underwood, PLLC at (423) 267-6715 for expert legal guidance. Our experienced DUI attorneys are dedicated to helping you navigate the legal process and achieve the best outcome possible.

Violating Probation in Chattanooga

Fri, 23 Jul 2021 21:28:00 GMT

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Lasting Impacts of a DUI on Personal and Professional Life

websitebuilder@thryv.com — Fri, 04 Jun 2021 17:20:00 GMT

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October/November 2020 Newsletter

websitebuilder@thryv.com — Wed, 04 Nov 2020 18:49:00 GMT

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10 Steps in The Federal Criminal Process

websitebuilder@thryv.com — Mon, 26 Oct 2020 18:03:00 GMT

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Understand Tennessee Penalties for Drug Trafficking

websitebuilder@thryv.com — Tue, 26 May 2020 18:51:00 GMT

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Know the Warning Signs of Nursing Home Abuse

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COVID-19 – Update from Houston & Underwood, PLLC

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What constitutes domestic violence in Tennessee?

websitebuilder@thryv.com — Mon, 03 Feb 2020 21:41:00 GMT

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The holidays can make it all too easy to violate your probation

websitebuilder@thryv.com — Fri, 06 Dec 2019 21:45:00 GMT

If you have faced criminal charges in the last few years and are currently on probation , you may have more reason than most to celebrate during the holiday season. After all, there may have been a time where you were at risk of losing your freedom. That tends to make people grateful for the life they’re living.

Enjoying the holidays and celebrating with the people you love is a joyful experience. Don’t let your excitement lead you to make decisions that will make this holiday season unforgettable for sad reasons for you and the people who love you.

Mistakes you make during the holiday season while celebrating with friends or family could leave you vulnerable to allegations of a probation violation and the potential loss of your freedom that comes with said violations.

Be careful about whom you socialize with

Probation generally involves a number of restrictions on your activities. While you aren’t in jail, you must be vigilant about your behavior while on probation. You have to be ready to report to your probation officer about your activities, employment and other court-mandated actions, such as community service or therapy.

If you go to your probation meeting and the officer discovers that you attended social gatherings where there was someone else present with a criminal record or pending criminal charges, you may very well wind up in violation of the terms of your probation. It is common for the state to restrict your right to socialize only to those who are in current good legal standing with the state, meaning it is a violation to spend time with those convicted of or charged with a crime.

Drinking during celebrations can be problematic

Depending on what the charges were that you initially faced, the terms of your probation may include a prohibition on the consumption of alcohol. Sometimes, people can have terms that include restrictions on being present in places where alcohol gets served, including bars or restaurants.

A rowdy party with drinks may also be dangerously close to a probation violation , depending on the terms set in your specific case. Binge drinking and social drinking are very common during holiday celebrations. It is almost always best to err on the side of caution and avoid alcohol at parties while you are on probation.

Family disputes that lead to altercations may violate your probation

Staying out of legal trouble is a key component of complying with the terms of your probation. Unfortunately, families and loved ones can sometimes provoke people to do irresponsible things.

If you have a standing grudge with one of your cousins or get into a political argument with an uncle, any aggression that follows a verbal argument could result in assault charges and the violation of your probation. Keeping things topical and light at gatherings is a good idea in general, but especially when you need to avoid conflict to protect yourself.

The post The holidays can make it all too easy to violate your probation appeared first on Houston & Underwood PLLC .

How does a tragic accident become reckless homicide in Tennessee?

websitebuilder@thryv.com — Fri, 11 Oct 2019 21:46:00 GMT

Accidents by their very nature are unpredictable occurrences. There may not have been anything an individual involved in an accident could have done to prevent it. An accident could involve something like your tires slipping on wet leaves despite you driving at lower speeds because of road conditions or someone losing their balance while walking up the stairs.

Many incidents that people classify as accidents were fully preventable if one or more of the people involved had made better choices. The role of personal responsibility and decision-making in an incident that proves fatal will influence whether Tennessee law enforcement officers and prosecutors consider it a true accident or an occurrence of reckless homicide.

Given that the law on reckless homicide is relatively broad, both prosecutors and law enforcement officials involved in a case will have a lot of discretion when determining whether to consider an incident a tragic accident or a preventable, negligent homicide.

What is reckless homicide under Tennessee law?

Determining if your situation should be a case of reckless homicide requires a careful analysis of the circumstances. Tennessee has a very short law regarding a reckless homicide that designates any death that results from the recklessness of another as reckless homicide.

Many times, reckless homicide charges arise from decisions that people make while driving, such as getting behind the wheel while drunk or doing something willfully dangerous, like racing on public streets.

However, reckless homicide charges could also stem from any situation where the questionable decision of one person resulted in the death of another. There must have been the intent, as well as an understanding that a decision or behavior increases the risk other people face in a particular situation.

What constitutes recklessness?

Recklessness, like beauty or humor, maybe subjective in the eye of the beholder. Typically, to establish that one person engaged in reckless behavior, prosecutors or insurance companies will use the basic standard of reasonable decision-making and knowledge of potential risks.

Specifically, if the actions taken by one person are contrary to what a reasonable person would do in that situation and the person acknowledged potentially increased risk, that could be reckless. When someone does something they know could cause injury to themselves or others, that may also be reckless behavior.

Recklessness typically involves understanding potential consequences and choosing to act in an irresponsible manner anyway. It is possible to defend against reckless homicide charges by showing you didn’t realize the risk or intend to endanger others.

What are the potential penalties for reckless homicide?

Under Tennessee law, reckless homicide is a Class D felony offense. The potential consequences will vary depending on the circumstances and the judge who hears the case. Those convicted of a Class D felony could wind up spending between two and 12 years in prison. They may also have to pay a fine of as much as $5,000.

The post How does a tragic accident become reckless homicide in Tennessee? appeared first on Houston & Underwood PLLC .

Vehicular homicide often involves DUI allegations in Tennessee

websitebuilder@thryv.com — Fri, 16 Aug 2019 21:48:00 GMT

Tennessee has somewhat broad vehicular homicide laws. If the state has any reason to believe that a driver had engaged in some kind of reckless behavior that led to a crash, they can bring vehicular homicide charges against that driver. There are specific provisions in the law for those racing on public roads and those driving dangerously in construction zones who kill a worker.

While vehicular homicide can be the result of distracted driving or drag racing, many times these charges result from someone getting behind the wheel after having too much to drink. Driving under the influence (DUI) is against the law in Tennessee.

Anyone with a blood alcohol concentration (BAC) of 0.08% or higher at the time of a fatal car accident will face vehicular homicide charges . The same is true for anyone under the influence of a drug that impacts their ability to drive.

Unlike standard homicide, vehicular homicide doesn’t require intent

To successfully prosecute a traditional homicide, the state usually has to establish that the individual took intentional actions to cause the death of another person. There must be intent to cause harm. In the case of accidental deaths caused by recklessness, the charge is usually manslaughter, not homicide.

However, as the courts recognize motor vehicles as potentially deadly weapons, drivers should also consider the dangers that driving poses to the public. If someone drives dangerously, they do so knowing that it could result in the death of another person.

Driving irresponsibly is tantamount to having the intent to cause harm. That is why it is possible for Tennessee to charge you with homicide even if you never meant to harm anyone.

The penalties for vehicular homicide depend on the circumstances

If this situation is the first time you have faced criminal charges related to impaired driving, then you will likely face a class B felony which can result in between eight and 30 years in prison and as much as $25,000 in fines.

However, the penalties are higher for those who have at least two previous DUI offenses or those with a BAC of .2% or more. Those who fall into these categories will face aggravated vehicular homicide charges, which are generally class A felonies that result in between 15 and 60 years in prison and as much as $50,000 in fines.

You can defend against vehicular homicide charges

While it may seem impossible to defend against allegations related to an impaired driving incident, there may be defense opportunities hidden in the details of your case. Before you give up or plead guilty, you should speak with an experienced Tennessee criminal defense attorney who can educate you about strategies that could help you fight back against vehicular homicide charges.

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Serious criminal accusations impact high-visibility careers

websitebuilder@thryv.com — Mon, 24 Jun 2019 21:49:00 GMT

Serious criminal accusations can impact anyone’s career in a negative manner. You could be a pizza delivery driver and lose your job because you wind up facing drug charges and that violates the company behavior policy. It may be harder for you to get a second job with something like that on your record.

However, the ramifications for those in high-visibility careers are often far worse. The public remembers. When someone gets accused, it instantly makes headlines. People still bring it up years later. It may make someone essentially unemployable. A conviction can end some careers entirely.

Examples of High-Visibility Careers

Every line of work has a different level of visibility to the public, but it’s usually very low. Even if you work for a major corporation like Google, BMW or UPS, odds are that no one outside of your immediate family and friends even knows what you do for a living.

For some, though, visibility is a crucial part of the equation. Examples include actors, singers, athletes, politicians and other entertainers.

For these individuals, their name becomes a brand. A football team may worry about hiring a running back with a history of domestic violence, for instance, because they worry about the reaction from the fans. A politician with a conviction on their record may find it impossible to build up a large enough supporter base to actually run for office.

Athlete Arrest Rates

Wondering how common these types of issues are? Some researchers have studied various professional sports and looked at the number of arrests per 100,000 people in the league. This evens things out so that you can compare from one sport to another. Here are the results :

It is also interesting to note that the league with the most arrests (the NFL) is also the most popular of the big four. This is the league where the players have the most visibility and their actions can have the biggest ramification for their careers, and they also get arrested the most.

Your Legal Options

This is just one example, but it really shows how anyone in an important, high-paying career needs to carefully consider all of their legal options if they get arrested. Could those charges cost you your job? Could they make it impossible to continue your career?

Clearly, the court case is about more than just fines and jail time. It is about your future. If a conviction would end a promising career, regardless of the field, the true cost of that conviction could be far higher than it appears.

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What could potentially constitute federal drug trafficking?

websitebuilder@thryv.com — Fri, 26 Apr 2019 21:50:00 GMT

People who live in Tennessee likely expect that any criminal charges they face will be brought against them in the state of Tennessee. However, for certain criminal offenses, that will not be the case. Drug charges, in particular, can easily shift from state charges to federal charges, leaving the accused vulnerable to severe consequences.

Understanding when a drug charge could become a federal offense instead of a Tennessee crime can help you avoid making mistakes that could cost you your freedom. They can also help you develop a workable defense strategy for any pending criminal charges.

Drug trafficking violates both state and federal law

The first thing you have to understand is that any sale or transfer of a Schedule 1 substance like marijuana, methamphetamine or other popular street drugs breaks Tennessee state law, as well as federal law. The state of Tennessee has the right to charge you with a criminal offense, but the federal government may supersede that claim by the state to pursue justice.

If you got arrested by a federal agent, that could increase the likelihood of federal prosecution. If there are allegations of interstate commerce, such as transporting a prohibited substance into or out of Tennessee , that could also prompt the federal government to take charge of the prosecution. Allegations of conspiracy also increase the potential for federal prosecution for drug charges.

Finally, if you get arrested as part of a coordinated sting or enforcement operation, you could find yourself facing federal drug charges and not state charges. There are many differences between state and federal offenses, including sentencing protocols. The federal government has strict rules in place for anyone convicted of a federal drug trafficking offense.

The hard reality of federal drug sentencing laws

Those facing federal drug trafficking charges instead of state charges will have to worry about a federal criminal record that can haunt them for the rest of their lives regardless of where in the country they live. There is also the very real concern of the mandatory minimum penalties associated with federal drug trafficking charges.

The circumstances of your arrest, including the amount of prohibited substance involved and the amount of revenue the government believes you generated, will influence the severity of the charges and the ultimate penalties you face. Even for the smallest federal trafficking offenses, individuals could find themselves dealing with mandatory minimum sentence of five to 10 years.

Thankfully, it is possible to defend against federal charges as it is to defend against state drug charges. However, there are no diversion programs that allow lenience for those struggling with addiction like there are in Drug Court/Recovery programs at the state level. You will need to work with an attorney who has experience in helping people defend themselves against federal drug trafficking allegations.

The post What could potentially constitute federal drug trafficking? appeared first on Houston & Underwood PLLC .

How common are eyewitness mistakes?

websitebuilder@thryv.com — Fri, 01 Mar 2019 21:51:00 GMT

A man gets shot and killed at a house party in Tennessee. The police arrive, talk to witnesses, and then arrest you at your home. One of the witnesses claims that you came to the party, fired the fatal shots, and then fled from the scene.

For the police, this is enough to make an arrest and start an investigation. It may also influence a jury to convict you and put you behind bars for the rest of your life.

But should it? Can they really trust that eyewitness? While the jury often does, science says they shouldn’t be so quick to do so.

Overturning Convictions

The evidence we have for this comes from overturned convictions in prior cases. Legal experts and organizations have been fighting to make things right for years, and they have overturned around 350 wrongful convictions .

They do it, in many cases, with DNA evidence. These cases may have gone to trial before DNA evidence was able to be analyzed or the authorities may have found the evidence later. When it does come to light, it clearly and irrefutably shows that someone else committed the crime.

For instance, maybe they found the gun at the party, and there was a hair stuck in the action. It was the exact same color as your hair and appeared to back up the idea that you fired those shots. However, DNA testing of the hair years later showed that it belonged to someone else. Since it was stuck in the action, that shows that the gun was not fired afterward, suggesting that whoever held the gun last had that hair.

This is just one example. DNA sources can also include things like bodily fluids, skin cells, and blood.

Eyewitness Testimony

In overturning these cases, experts began looking at why people got convicted in the first place. What they found was shocking: In about 70 percent of the cases, a heavy majority, part of the equation was a mistaken eyewitness identification.

In short, someone picked the alleged perpetrator out and testified that they committed the crime. The witness saw them do it. That may have swayed the jury and put them in jail.

But, in 70 percent of these overturned cases, the witness was simply wrong. They picked out the wrong person. Maybe it was too dark to see or they didn’t get a good look. Maybe the two people appeared physically similar. No matter the reason, they made a mistake that put an innocent person in jail.

Your Legal Rights

If you are facing murder charges , you can’t overstate the potential ramifications. It is critical to know why we can’t trust eyewitnesses and to be empowered with your legal defense options.

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Is your alleged drug violation a state or federal crime?

websitebuilder@thryv.com — Mon, 07 Jan 2019 21:52:00 GMT

When a Tennessee resident faces drug charges, the court proceedings will usually happen in Tennessee state court — if the alleged crime happened within state lines. However, certain cases may fall outside the jurisdiction of Tennessee law and they must be litigated in federal court.

The federal law that governs drug charges is the federal Controlled Substances Act. This law has been in effect since the 1970s and it’s the reason why we have “drug classifications” that rank drugs according to how “serious” and “dangerous” they are.

For example, under federal law, heroin, marijuana and LSD are “Schedule I” drugs and the federal government sees them as some of the most dangerous drugs that exist. Those convicted of crimes related to Schedule I drugs will face the most serious punishments.

Because the laws and punishments are different under federal law, it’s important for defendants to handle the defense of their federal drug crimes cases differently than a state-level offense.

Situations that could result in a drug crime falling under the jurisdiction of a federal court:

— The alleged drug violation occurred on federal property. Imagine someone was found in possession of marijuana in Tennessee, but it happened at a federal park. This case would fall under federal jurisdiction.

— The alleged drug violation involved the defendant crossing state lines, or the drug offenses happened in multiple states. Imagine someone is returning to Tennessee from a road trip to Colorado with marijuana in their vehicle. This case would also fall under federal jurisdiction.

— The alleged drug violations involved the crossing of international borders. Imagine someone is transporting drugs from another country into the United States. This would be a federal level offense.

— The alleged drug violations involved the use of the postal system to convey or send controlled substances. Imagine someone mailed a friend marijuana from Colorado and it was intercepted by authorities. This would also be a federal offense.

If your drug case needs to be litigated in federal court, make sure you bring yourself up to speed on federal drug law because the rules and regulations in the state of Tennessee will not apply to your situation.

The post Is your alleged drug violation a state or federal crime? appeared first on Houston & Underwood PLLC .

DUI manslaughter: Things you need to know

websitebuilder@thryv.com — Mon, 12 Nov 2018 21:53:00 GMT

Driving after consuming alcohol may sound like no big deal, but it’s important to understand the risk you’re taking. As a result of impaired judgment, you’re likely to find it more difficult to control your vehicle and make sound decisions.

A conviction for driving under the influence of alcohol is a big deal, as it can lead to a fine, license suspension, and even time in jail. It’s also possible your DUI could be attached to more serious charges, such as if you caused an accident that resulted in another person’s death.

What is DUI manslaughter?

As the name suggests, a DUI manslaughter charge is the result of causing an accident that kills another person. You did not have the intention of killing someone, but it was the direct result of your alcohol consumption.

There are two types of DUI manslaughter:

With ordinary negligence, you have likely violated a traffic law, such as making an illegal lane change, but your behavior is not considered excessively negligent.

DUI manslaughter with gross negligence is the more serious of the two, as it requires proof that you acted with extreme negligence, such as driving the wrong way on a one-way street or going out of your way to hit someone.

What is the penalty for a DUI manslaughter conviction?

There are many penalties associated with a DUI manslaughter conviction, with the end result based on a variety of factors, including whether there was ordinary or gross negligence. Potential penalties include:

These penalties are much more serious than those associated with the first time DUI, in which the convicted didn’t cause harm to another person.

As one of the more serious crimes you can face, it’s critical to understand your legal rights and how your case will move through the court system. There are DUI defense strategies you can use to your advantage, all of which are worth considering. Taking the right approach in a Tennessee court can be the difference between avoiding a conviction and facing serious punishment.

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Involuntary manslaughter has harsh penalties for offenders

websitebuilder@thryv.com — Fri, 14 Sep 2018 21:54:00 GMT

There are many instances where people get hurt not as a result of intentional misconduct but because of an accident. When an accident occurs because of reckless conduct, it may be known as a reckless homicide. It may also be called involuntary manslaughter.

Involuntary manslaughter or reckless homicide are common charges after DUI-related crashes that lead to deaths. Reckless homicide charges may be placed against anyone who kills another person as a result of their own reckless behaviors.

What makes a reckless homicide different from murder?

The difference is that there is not an intention to harm someone in a reckless homicide. With a murder, there is generally some form of intent and planning behind a crime.

What are the penalties for involuntary manslaughter?

Although involuntary manslaughter is not quite the same as murder, someone still dies as a result of your actions. The family may be angry, and it is possible that the court will not be very lenient.

Penalties range between 10 and 16 months in prison for involuntary manslaughter charges. If there was reckless conduct, then that may be increased at the judge’s discretion. If you kill someone in an auto accident as a result of your negligence, then you will face even more time in prison.

The good news about these charges is that judges have a lot of discretion in these cases. They look at aggravating and mitigating factors to decide if they are going to hand down a harsh sentence or a lighter sentence. There is a chance that you could avoid sentencing all together if you are able to negotiate a plea deal with the prosecuting attorney.

Is it worth taking a plea deal?

In many cases, a plea deal is worth the trouble. It explains exactly what happens once you take the deal, and there is no element of surprise like there would be if you went to trial. Your defense attorney will work with you and the prosecution to come up with a solution that is favorable for all involved.

You can help yourself by showing that you are committed to changing the behaviors that led to the person’s death. Whether that means seeking treatment for alcohol abuse and promoting driving safety, it’s a good idea to show you are willing to take responsibility for your actions. Even though this was an accident, you can demonstrate you’re willing to prevent situations like this in the future.

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Prescription pain medication is Schedule II and illegal to sell

websitebuilder@thryv.com — Fri, 13 Jul 2018 21:55:00 GMT

People end up with prescriptions for strong narcotic painkillers for a number of reasons. Maybe you had to have surgery because of an ongoing medical issue. Perhaps you were sick with a condition that caused extreme pain. It’s also possible that you broke a bone or suffered some other traumatic injury.

Regardless of why you have the medication, it is important to understand that while you do own it, you do not have the right to sell it or give it away to anyone else. If you no longer need your medication, you should take advantage of programs to safely dispose of them. Giving them or selling them to someone else is a violation of the law that could end up causing major issues.

Opioid and opiate painkillers are schedule 2 narcotics

Under both federal law and Tennessee state law, opioid and opiate painkillers are schedule 2 narcotic medications. While there is a medical use for these drugs, and while they can be administered safely, there is also serious risk for addiction or misuse of the medication.

Because your painkillers are a controlled substance, it is only legal to use them and possess them in accordance with the instructions from your physician. Even taking them in a different manner, such as insufflation, could mean breaking the law.

If you know someone who has chronic pain issues, you may think that he or she could benefit from your medication. After all, you already paid for it. That act of compassion could actually mean jail time for you.

The opioid crisis has led to harsh penalties for people who give or sell pain pills

Deaths and hospitalizations related to opiates, opioids and heroin have been rising for years. They have reached a point where local, state, and federal health authorities, as well as law enforcement, have taken vocal and public stances on these medications.

States hope to deter illegal sales of prescription medication by attaching harsh penalties to offenses related to giving or selling medication without a prescription. Those penalties typically include potential jail time and steep fees and fines.

Many factors influence drug-related criminal charges

The weight of the medication that you sold, gave away or attempted to give will impact the sentence you receive. So will the behavior of the person who received the medication. If that person harmed someone else or fatally overdosed, you could face additional charges or increased penalties.

The best option in this scenario is to avoid the risk by safely disposing of any unused medication. For those who may have pending criminal charges related to prescription painkillers, a careful analysis of the situation and an understanding of your options are your most valuable assets moving forward.

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Federal criminal cases require a lot of work for defendants

websitebuilder@thryv.com — Wed, 30 May 2018 21:56:00 GMT

People with criminal charges in this country have to think about what court they are facing when deciding how to handle their defense strategy. Each court has the same purpose and many of the same procedures, but there are small differences that can impact cases before the judge.

The federal criminal justice system is mystifying to some people. However, many of the same procedures apply to all courts. Here are some important points to remember if you are facing federal charges:

Prosecutor’s burden

In all criminal cases, whether at the federal or state level, the burden to prove your guilt in on the prosecutor. The job of the defense is to show why there are reasonable doubts about the prosecutor’s claims.

One big difference between federal and state cases is that federal prosecutors often have more resources at their disposal. They might be able to do more in depth investigations and may have higher quality tests, such as substance testing methods, than state courts. Because of the vast resources of a federal prosecutor, defendants facing them in court should take the time to prepare their case without trying to rush at the last minute.

Multiple court appearances

There are many different steps that a federal case might go through . Many of these include hearings before the court. There will likely be at least two pretrial hearings. One is a bail hearing during which the court determines what type of bail and the amount of surety you need to put up to be released from jail while your case is moving through the court system. The other is the arraignment, which is when you will let the court know how if you are pleading guilty or not guilty.

You might go through a trial. There is a possibility that you will be able to work out a plea deal. In this case, you would have a hearing that allows the court to determine if the deal is acceptable.

If you are found guilty or plead guilty, you will go through a sentencing hearing. This is when you will find out what punishment the court is imposing in your case. If there is a chance that you will be incarcerated, you should prepare for this before the sentencing hearing.

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Accused of vehicular homicide: What to do next

websitebuilder@thryv.com — Wed, 04 Apr 2018 21:57:00 GMT

You were traveling on the highway when it happened. You looked down to take a bite of your burger, and the next thing you knew, you were struggling to get out of your wrecked vehicle. Another vehicle was in the lane next to you, and you struck it when you got distracted.

You didn’t intend for anyone to get hurt, but sadly, the victim in the other vehicle did not survive the trip to the hospital. It was an accident, but that doesn’t mean that the police and family of the victim won’t try to hold you accountable. You’re charged with vehicular homicide, which alleges criminally negligent or reckless behavior.

How does Tennessee regard vehicular homicide?

Depending on the circumstances of your case, you may be accused of vehicular homicide due to drinking and driving or because of the reckless use of your vehicle. If you test positive for certain drugs or test above the legal limit for alcohol, you may face a Class B felony. If you commit a vehicular homicide due to recklessness, you’ll likely face a Class C felony.

What happens if you’re convicted of vehicular homicide?

You should know that a conviction leads to you losing your license for at least three years. It’s possible to lose it for up to 10 years. You may also face fines and additional penalties, such as imprisonment, depending on the facts of your case.

What happens in civil court?

If the family of the victim decides to pursue a wrongful death lawsuit, then you may face a civil lawsuit to which you will need to respond. You may think that you won’t be held liable in a civil lawsuit if you don’t get convicted in criminal court , but that’s not the reality. It takes less evidence to win a case in a civil court than it does in a criminal court, so you could win your criminal case and still lose your civil case.

In a civil case, the family seeks compensation from you and your auto insurance carrier for costing their loved one his or her life. You’ll need a strong defense for both a criminal and civil case if the survivors decide to pursue a claim.

Accidents happen, and not everyone deserves to be treated like a criminal because of one. It’s your right to protect yourself against the difficulties that could follow after a vehicular homicide.

The post Accused of vehicular homicide: What to do next appeared first on Houston & Underwood PLLC .

Understand the federal criminal justice process

websitebuilder@thryv.com — Wed, 07 Feb 2018 21:58:00 GMT

The federal criminal justice system is a mystery to many people who are facing charges. This can make it difficult to determine what they need to do. It is imperative for you to have an idea of the process so that you are armed to aim for the best result in your case.

One thing that you can’t do is rely on what you’ve seen on television or in the movies as your source of information. Instead, learn the facts.

3 stages

The federal criminal justice process is divided into three stages. The first is the pretrial stage. The second is the trial. The third is the post-trial proceedings. In each of these stages, there are multiple steps and considerations.

First stage

You might not even realize when the first stage begins. Your arrest is actually one of the last steps in this stage. Before the arrest is the investigation and a journey through the grand jury. These are both important steps.

In this stage, it is determined if a crime actually falls under federal jurisdiction. There is a chance that some crimes, even murder, might fall under the state’s jurisdiction. Charging you in the correct court is important since it can have a direct impact on the way the case is handled.

Once you are arrested, you will be arraigned and will go through a few court appearances. You will have to enter your plea in court. You will also have to go through a pretrial process that might include court hearings.

During this stage, you may be able to work out a plea bargain. This is actually how many federal cases are resolved. Some defendants opt to not go up against a federal prosecutor in a trial so they work out a deal that bypasses the trial.

Second stage

The trial phase includes everything from the selection of jurors through the sentencing phase. This stage of the process usually involves your having to be in the courtroom. The trial will be in front of a jury of your peers who will decide if you are guilty or not guilty of the charges that were levied against you.

At the end of the trial phase comes the sentencing phase if the person was convicted. Before the court hands down a sentence, a probation officer conducts an investigation to help the court. This, along with the convictions, will be used to determine the sentence that will be imposed.

Third stage

In the third stage, which occurs after the sentencing, people who were convicted and sentenced have a right to appeal. This is usually done with the hope of being able to have a conviction vacated or a sentence changed. This process is very involved. It must be handled with care and in accordance with strict time limits.

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Importing marijuana oil for medical use in TN breaks federal law

websitebuilder@thryv.com — Tue, 12 Dec 2017 21:59:00 GMT

People with a host of terminal, intractable or untreatable conditions often turn to marijuana for help. Extracts and concentrates often suppress symptoms or even reverse them in some cases. Some research has shown that highly concentrated marijuana oil can kill cancer cells, while anecdotal evidence shows that similar products can suppress seizures and tremors in those not helped by traditional pharmaceutical options.

In order to allow some people with severe conditions the chance to treat themselves, Tennessee lawmakers created and passed SB 280 in 2015 . This bill creates an exemption to state criminal law for drugs for people who meet certain requirements. Unfortunately, this bill neither created a medical marijuana system for the state or a legal means of obtaining marijuana extracts. That leaves many people with medical conditions or sick family members in a legally precarious position.

Both the marijuana and the recommendation come from elsewhere

Under the current law in Tennessee, the only legal way for someone to possess marijuana for medical purposes is to buy it in another state. However, people can’t just drive or fly to another state and bring back marijuana. The law requires that the marijuana user also obtain a doctor’s recommendation or order for marijuana. That person can then legally possess professionally made and labeled marijuana extracts purchased in that state.

The marijuana extract must have a label that shows it contains no more than 0.9 percent THC. There is no limit for the amount of CBD the product can contain. Unfortunately, any attempt to travel with marijuana, even if a patient meets these criteria, is a violation of federal law that could result in prosecution.

You can’t bring marijuana across state lines legally

Marijuana remains a Schedule I controlled substance in the United States. You violate federal law when you intentionally transport any kind of marijuana across state lines. While possessing it may be legal in the state of origin, the process of transporting it back home to Tennessee leaves you open to serious criminal charges.

While there have been some widely-publicized stories about marijuana users traveling on airplanes from one state with adult recreational or medical legalization to another with a similar law, there is always potential for arrest, detention, or confiscation of the marijuana if you try to board a plane with it. Even with a doctor’s recommendation, you could face legal issues.

Attempting ground travel with marijuana could pose even more legal issues. Depending on the state where you source the marijuana, you could have to travel through several states that don’t recognize your claim to medical use. If you’re bringing enough marijuana extract to last for several months or longer, there is potential for serious state or federal criminal charges.

The post Importing marijuana oil for medical use in TN breaks federal law appeared first on Houston & Underwood PLLC .

Vehicular homicide: Proving you weren’t reckless helps your case

websitebuilder@thryv.com — Sun, 15 Oct 2017 22:00:00 GMT

Involuntary manslaughter charges are hard to bear, because not only did you not intend to harm someone, but you’re also facing penalties for doing so. You live with the guilt of your actions already, but the courts want to see you pay with your freedoms.

If you’re accused of involuntary manslaughter after being involved in a drunk driving crash or other situation, it’s important to defend yourself. Your attorney can help you reduce the charges or reduce the penalties you face.

What penalties do you face for vehicular homicide?

If you’re involved in a crash that causes death, you face penalties in Tennessee. Vehicular homicide is defined as the reckless killing of another person while driving, so a strong defense will show that you were not being reckless at the time of the collision. If it’s shown that you were intoxicated at the time of the crash, you face a Class B felony. If not, it’s a Class C felony.

What are the penalties for different felony classes?

A Class C felony is definitely preferred over a Class B. Class C felonies have reduced penalties in comparison. Class C felonies have sentences that range from three to 15 years and fines of up to $10,000. Class B felonies, on the other hand, have sentences of eight to 30 years in prison and fines of up to $25,000.

Beyond these penalties, you may also face a wrongful death lawsuit. The victim’s family has a right to file this lawsuit separately from any criminal penalties you face. It’s possible to be found innocent of vehicular homicide charges while still ending up liable for the individual’s death.

These accusations are serious, and you need to defend yourself to protect against penalties that could threaten your freedoms.

The post Vehicular homicide: Proving you weren’t reckless helps your case appeared first on Houston & Underwood PLLC .

Violating your probation, even on accident, can result in jail

websitebuilder@thryv.com — Mon, 21 Aug 2017 21:37:00 GMT

You were charged with a serious crime. After you entered a guilty plea or got convicted, you were fortunate enough to receive probation in lieu of prison time. While knowing you have a criminal record can be sobering and humbling, you likely feel fortunate that you’ve received a second chance. You want to follow the terms of your probation and move on with your life. Unfortunately, something goes awry.

Probation violations can vary. Perhaps you tried to break up a fight in your neighborhood or on your way home from work. You were being a good neighbor, but you still ended up in trouble when police came. Maybe you had no idea that your roommate was doing drugs until he got arrested, and you ended up getting accused of violating your probation by living with him. It’s possible you just bumped into an old friend, who has a felony record. Whatever happened, you need to be proactive in your approach or a simple misunderstanding could cost you your freedom.

Probation terms are strict

In order to facilitate good decision making and public safety, those on probation are closely monitored by a probation officer . Their homes are subject to search. Probation officers may even visit their work to ensure they have the job they claim. In general, people on probation must keep a permanent residence and work a job. These conditions, of course, ignore how much harder it can be to get and keep a job after a criminal conviction.

Tennessee also has rules that state the person on probation may not drink to excess, be present where a crime is committed, or change addresses without providing a 10-day notice to the probation officer. Mistakes do happen, as do social fallouts between roommates. A simple argument about chores could ultimately end with your needing to move immediately and unintentionally violating your probation.

Probation violations can mean serving your full sentence

If the courts decide that your probation violation was a serious matter, you could end up in jail, completing the full sentence you had originally avoided. That’s why it is so important to know and understand the terms of your probation. Ideally, you work with your probation officer to build a positive and trusting relationship. That way, if something unusual happens that could result in a violation, your probation officer may be willing to work with you.

If the violation gets reported to the courts, you could end up facing a judge again. The judge could decide to impose your original sentence because of the alleged violation. Preparing for that moment can make a major difference in the outcome of the process for you. You should do your best to avoid violating your probation, but you also need to be ready to defend yourself in the event of a violation.

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Facing criminal charges for an alleged DUI and fatal crash?

websitebuilder@thryv.com — Mon, 26 Jun 2017 22:02:00 GMT

A lot of factors can contribute to a serious motor vehicle accident. Both drivers may have made mistakes on the road. There could be weather issues or even medical conditions that contribute to a crash. While they are tragic, fatal crashes happen every day around the country and here in Tennessee. Sometimes, drivers also face driving under the influence (DUI) charges in addition to charges stemming from damages and injuries caused in the accident. If there was a fatality and you are also charged with a DUI, you could be facing very steep penalties for the accident.

There are a number of things that could contribute to false charges of a DUI after a crash . Perhaps you sustained a head injury that caused symptoms similar to intoxication. Slurred speech and problems with balance can result from head trauma. Similarly, other medical conditions, like undiagnosed diabetes, could result in symptoms that look a lot like alcohol intoxication. If you or someone you love has been involved in a fatal car crash that allegedly involved alcohol, you need to speak with an experienced Tennessee criminal defense attorney as soon as possible.

Vehicular homicide is a serious offense

Even a DUI on its own can wreak havoc on your life. A first time DUI charge in Tennessee carries at least two days but perhaps nearly a year in jail, as well as roughly $4,900 in fees, fines and penalties. You could even lose your license for a year. If you get accused of a DUI offense in a fatal car accident with a reported blood alcohol content of between 0.08 percent and 0.20 percent, those penalties become very steep. The courts call this offense vehicular homicide, and a conviction could result in loss of your license for between three and ten years, as well as a prison sentence of between eight and 30 years in jail.

For those was a BAC of 0.20 percent or greater, the charges get increased to Aggravated Vehicular Assault While Driving Intoxicated, which is a Class A felony. This offense carries between 15 and 60 years in prison, as well as a fine of as much as $50,000. Those with a lower BAC may also face Aggravated Vehicular Assault While Driving Intoxicated if they had two previous DUI or vehicular assault convictions on record. A previous vehicular homicide conviction will also result in increased charges.

An attorney can help develop a defense

Deciding to take a plea deal or speak with law enforcement without an attorney after a major crash is a mistake. You should ask for legal counsel as soon as possible. An experienced Tennessee criminal defense attorney can help you determine what legal options are available after a serious fatal crash. Your lawyer will help explore medical issues or problems with the breath test that could have resulted in false positives, as well as other options for defense.

The post Facing criminal charges for an alleged DUI and fatal crash? appeared first on Houston & Underwood PLLC .

A probation violation is no minor offense

websitebuilder@thryv.com — Fri, 28 Apr 2017 22:02:00 GMT

Very often, a criminal conviction comes with probation. Sometimes, the court orders probation in the place of jail time, and in other cases it follows a jail sentence. Probation terms can be very strict and even minor violations can result in severe consequences. Punishments usually depend on how serious the violation is and if you have previously committed other violations.

If you have violated your probation , it is important to remember that you have the right to legal representation in order to defend yourself against the charges. Before you end up with court-ordered jail time, fines, or a longer probation period, speak with a criminal defense attorney in the Chattanooga area. Read further for more information on probation violations .

Violations

In general, you can commit a probation violation by not abiding by the rules of your probation. For example, if you did not show up to a scheduled and required court appearance, it is a violation. In addition, if you do not report to your probation officer for scheduled appointments, the court might charge you with a violation. Other violations include not paying court-ordered fines, leaving the state or county without permission, possessing illegal substances, or committing another crime.

After a violation

After your probation officer reports to the court that you have committed a violation, several things can happen. Your probation officer might only issue you a warning if it was a first-time violation and not very serious. If it was a second offense or a serious violation, the court might order you to attend a hearing. The officer in charge of your probation has the authority to decide the level of your violation and whether it warrants a court appearance or just a warning. If you have to attend a hearing, the officer will ask the court to punish you by paying additional fines, extending your probation, or prescribing jail time.

Your rights

If your probation officer reports you for a violation, it is important to know your rights before you take any steps to dispute the claim. You have the right to receive a notice about the violation in writing, the right to retain legal representation, and the right to present your case in front of a neutral judge. You also have the right to bring forth witnesses and evidence to prove that you did not violate probation.

If you are facing a probation violation charge, it is important to know your rights . A probation violation can lead to possible jail time, additional fines, and a longer probation term. Fighting against a violation charge can be very difficult and complicated. For help with your case, contact a criminal defense attorney in the Chattanooga area.

Source: Nov. 30, -0001

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The innocent waiting on death row

websitebuilder@thryv.com — Thu, 09 Mar 2017 22:03:00 GMT

The death penalty, which typically involves lethal injection and is still legal in Tennessee, is used only for the most serious crimes. When a jury convicts someone and asks for the death penalty, that jury is saying not only that the person did commit the crime but that rehabilitation in prison is not possible. The inmate then goes to death row and may spend years waiting for the sentence to be carried out.

Have you ever wondered what it would feel like for an innocent person to sit on death row? Have you considered the nightmare of hearing the conviction announced when you know you didn’t do anything wrong and don’t deserve the charges – but now the state is going to put you to death based on errors made in court?

It’s very difficult to even comprehend. However, frighteningly, it’s something that has been going on for years.

Living nightmare

According to The Innocence List , there have been 157 people freed from death row, and that’s just looking at all those who have been released since 1973. Some were pardoned, some were acquitted, and some had the charges dropped. But all had one thing in common: They had to wait for their own execution when it wasn’t deserved.

So, how does Tennessee itself stack up? There have been three different people who were sentenced and then released.

The first was a man who was sentenced in 1987. He spent 20 years on death row and was finally acquitted in 2007.

The second was a man who was convicted in 1986. He was on death row even longer, serving 23 years before finally having the charges dismissed in 2009.

The third was a man who was convicted and sentenced in 1994. His charges were dismissed in 2011, after 17 years behind bars.

On a national basis, the amount of time served varies widely from case to case. Some people were only behind bars for a year or two. Others served 30 years or more; multiple people were locked up for 39 years, making it almost four decades before they were released.

How many others are waiting?

The question that these cases raise, of course, is simple: How many other innocent people just have not been freed from death row? Releases are still happening, with the most recent coming earlier this year. How many people will be released in the years and decades to come? How many were executed when they were innocent, before they could be released?

The fact that innocent people are convicted and sentenced this often shows the need for a top-notch criminal defense when facing the most serious charges. This is underscored by the fact that even those who were released had lost years and even decades of their lives, waiting in jail on charges that would eventually be dropped.

The post The innocent waiting on death row appeared first on Houston & Underwood PLLC .

What are the federal penalties for marijuana charges?

websitebuilder@thryv.com — Thu, 12 Jan 2017 22:04:00 GMT

Even though many states are making allowances for marijuana on a state level, this is still a drug that is illegal on a federal level. This means that it is possible to face federal charges if you are caught with marijuana. If you are facing that situation, you are looking at time away from your family members. You might end up in prison or with considerable fines. This can affect your life, but it will also affect your family members. Think about these points if you are staring down federal drug charges .

Why is marijuana illegal?

Marijuana is classified as a Schedule 1 drug under the federal Controlled Substances Act. It has been found not to have any acceptable medical uses, according to the federal government. Despite the current belief that there are acceptable uses for the drug, it will remain illegal on a federal level. States that allow the usage of marijuana are actually going against the federal law. This means that a person who is using marijuana in accordance with the state law can still face federal charges.

What are the penalties for federal marijuana trafficking convictions?

The penalty for federal marijuana trafficking convictions depends on the amount of marijuana, as well as if there were any injuries or deaths or not associated with the drugs. For less than 50 kilograms or 1 to 49 marijuana plants, you can face up to five years in prison on a first offense or up to 10 years on a second offense. For 50 to 99 kilograms, you face up to 20 years on a first offense or up to 30 years on a second. For 100 to 999 kilograms of marijuana, you face five to 40 years on a first offense or 10 to life on a second. For more than 1,000 kilograms, you face 10 to life on a first offense or 20 to life on a second offense.

Fines of $250,000 to $20 million are possible for individuals. These fines are higher if you aren’t classified as an individual.

People who are facing federal marijuana charges should realize that it doesn’t matter if the drug is legal in your state. Federal law trumps state law. If you are facing these types of charges, you should learn about your options for a defense. Federal courts are much different than state courts, so you should find representation familiar with handling cases at the federal level.

The post What are the federal penalties for marijuana charges? appeared first on Houston & Underwood PLLC .

Tennessee and medical marijuana: What’s the current situation?

websitebuilder@thryv.com — Mon, 21 Nov 2016 22:06:00 GMT

Numerous patients suffering from a vast array of disease conditions are benefiting from medical marijuana treatments throughout the United States. However, medical marijuana is still – for all intents and purposes – illegal in the state of Tennessee, which means that patients in our state who could benefit from the drug cannot legally gain access to it. This has driven some patients to break the law in their desperate quest for relief.

How does Tennessee medical marijuana law fall short?

Compelling evidence exists that marijuana, in its complete form, holds great value as a treatment for numerous medical conditions. However, in the state of Tennessee, the law does not allow medical patients to treat themselves with marijuana in its complete form . Instead, patients are limited to the use of cannabis oils that are rich in cannabidiol (CBD) but contain no more than 0.9% tetrahydrocannabinol (THC). THC is the active ingredient in marijuana that results in its intoxicating effect, but studies indicate THC is also necessary for marijuana to work as a successful treatment for numerous disease conditions.

What does this boil down to? Although certain Tennessee residents can legally treat themselves with cannabidiol, this oil alone is not going to help most patients. Let’s take a look at where Tennessee’s medical marijuana law falls short:

Were you arrested for using medical marijuana?

At this time, 25 states including Washington, D.C., have laws that offer patients access to medical marijuana products that contain THC. However, the state of Tennessee and the federal government continue to deny patients access to the healthful benefits of marijuana as a treatment for disease conditions.

If you have been arrested and accused of state or federal drug violations because you were trying to treat your disease conditions with medical marijuana, you will have the right to defend yourself in court. By consulting with a narcotics crimes defense lawyer, you can gain insight into the criminal charges being brought against you and potential strategies to try and reduce the threat and/or severity of punishments relating to those charges.

The post Tennessee and medical marijuana: What’s the current situation? appeared first on Houston & Underwood PLLC .

What to do if you are wrongfully accused of a crime

websitebuilder@thryv.com — Thu, 06 Oct 2016 22:07:00 GMT

Being wrongfully accused of a crime is an extremely jarring and frightening thing to go through. The repercussions can be severe, leading to embarrassment, mental distress, and possibly a criminal conviction which could lead to jail time and other penalties.

Here are some things to keep in mind if you or someone close to you has been wrongfully accused of a crime:

If you have found yourself in the unfortunate situation of being wrongfully accused of a crime, do not wait to take action. The sooner you talk to a defense attorney, the more options that may be available.

Schedule a free consultation at The Law Offices of Houston and Underwood by calling 888-351-9893 or 423-267-6715 .

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Study: One big reason why a criminal arrest can haunt you forever

websitebuilder@thryv.com — Sat, 06 Aug 2016 22:08:00 GMT

In today’s 21st century world, a criminal conviction can have a drastic effect on a person long after the indiscretion occurred-and much more so than in years past.

Even someone who was arrested whose charges were later dropped, or one who was not even convicted of a crime at all, can face stigma years after the incident.

According to a recent study-there is a big reason why people today than ever before are perpetually haunted by their past.

Basics of the study

The study entitled “ Indefinite Punishment and the Criminal Record ” was published in Criminology, a peer-reviewed journal part of The American Society of Criminology that conducts research on crime and delinquency.

Researchers examined 53 men and women in the Chicago area with varying criminal backgrounds who were looking to expunge (seal or wipe from public access) their criminal records. Some participants had prior convictions; others had minor arrests on their records.

An astonishing number of participants-both with significant and minor histories-reported continuous, negative effects as a result of their past indiscretions. The inability to get into college and receive financial aid, obtain a job or housing were among the list of issues they faced.

Researchers pointed to a big reason why: the internet

The double edge sword of the internet

Society has been able to access information in seconds with the click of a mouse due to the continued expansion of the internet that changed our world forever when it launched in the early 90s.

In today’s 21st century world, no longer do we need to plow through journals, books or archives to find answers; we simply just search online. But such ease of information via WiFi has also made it much easier to locate an individual’s criminal history.

Twenty five years ago, it was much more difficult for employers and the public to find information on a person than it is today.

In today’s world, agencies post information to countless online databases. Private entities have also launched fee-based sites, offering personal information that can be accessible by landlords, employers and the general public.

Not only is an individual’s personal information widely available-it’s also hard to delete once it’s on the web. Even out of date information is difficult to erase.

And this is what’s making it difficult for individuals to get past their previous brushes with the law.

Hope

To many reading this, the results of this study may seem daunting and hopeless for those simply looking to forget about the past and live life as productive citizens.

But there is hope and there are options. Consulting with a criminal defense attorney is the first step to finding out what can be done and what steps can be taken to help enhance future opportunities.

The post Study: One big reason why a criminal arrest can haunt you forever appeared first on Houston & Underwood PLLC .

Things to know about ‘jurisdiction’ if you are charged with a crime

websitebuilder@thryv.com — Fri, 08 Jul 2016 22:10:00 GMT

For those accused of a crime, one of the first questions that often comes to mind is the potential penalty. You may have heard that state crimes and federal crimes come with different sentences, the latter usually being the harsher. But who decides whether the accused should face state or federal charges? Can the crime be either — or both? The answer depends on a number of factors.

The federal court system handles criminal cases that allege a violation of federal law, while the state handles allegations of state law violations. If you are unsure which court is hearing your case, ask your criminal defense attorney before doing anything else. If you don’t have an attorney yet, call the clerk of the court where you or your loved one has been ordered to appear and ask if it is a state or federal court.

Do charges by the state and the feds mean double jail time?

It may be shocking, but sometimes you can be charged by both the state and the feds!

An example would be a joint investigation by the state and the federal government of a scheme by a physician’s office to defraud Medicare and Medicaid. The alleged perpetrator is an allergy doctor who also treats asthma patients. He consistently bills both the state program and the federal program (Medicaid and Medicare) for procedures he never performed.

Medicare is administered by the federal Department of Health and Human Services. Because the program is run and enforced by a federal agency, the U.S. government has the right to arrest, prosecute and punish someone convicted of Medicare fraud. But the state has an interest in this case, too; it can charge the suspect under state law or it can ask the federal government to include Medicaid fraud in its Medicare fraud case. This is possible because the federal government gives money to the states for Medicaid, allowing the federal court system and prosecutors to have jurisdiction in such cases.

Civil rights violations when murder charges don’t stick

Say you are a white man charged with the murder of a black man. You are tried in state court and found not guilty. The federal government can arrest you again, charge you with violating the civil rights of the man who was killed and try you again — the same crime, different jurisdictions. The rules against double jeopardy do not apply because double jeopardy protects you only from multiple prosecutions for the same crime by the same “sovereign.” Here, the state is one sovereign and the feds are another.

Nevertheless, most criminal cases are tried on the state level. State and local laws codify the law and have two classifications for criminal activity: misdemeanors and felonies. Felonies are the most serious and can range from an “E” felony (the lowest level) to an “A” felony (the highest).

Contact an attorney

If you or a loved one is facing criminal charges, hire an experienced criminal attorney at once. The sooner you have an attorney by your side, the more likely it is that all your rights will be protected. Do not speak to anyone about your case — not the police, not the district attorney or state’s attorney, and not even to friends and family. Any conversations you have with people other than your attorney may be used against you.

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Robbery, theft and burglary: Do you know the difference?

websitebuilder@thryv.com — Tue, 12 Apr 2016 22:11:00 GMT

Ask anyone about the differences between robbery, theft and burglary and they’ll likely say they are all the same. But they aren’t. Here’s a rundown of the variations between the three crimes.

Robbery and theft are often the two most mistaken. Both involve stealing, but with significant differences.

Theft, also referred to as larceny, involves taking another person’s property to permanently deprive him or her of its use. Robbery is the same except the taking is done through force.

Burglary involves unlawfully entering a place, such as a house or commercial property, with the intent to commit a crime-like theft.

Although burglary occurs most often with the intent to steal something, an individual can also have the intent to assault or do something unrelated to taking another person’s property.

Stealing someone’s purse is a common example involving all three.

For instance, a person commits basic theft or larceny if he or she takes a co-worker’s pursue from her desk. A person commits robbery if he or she stops a woman on the street and takes her purse at gunpoint. A person commits burglary if he or she unlawfully enters a woman’s home and takes her purse from her kitchen table.

It’s important to note that these are general definitions. Each jurisdiction may include individual nuances of the law regarding each and the penalties associated.

Those with specific questions are encouraged to reach out to a skilled criminal defense attorney who can offer individualized guidance.

The post Robbery, theft and burglary: Do you know the difference? appeared first on Houston & Underwood PLLC .

Ballistics testimony; a practice contributing to wrongful convictions

websitebuilder@thryv.com — Tue, 15 Mar 2016 22:12:00 GMT

A man was shot. Police found a gun inside the yard of a nearby home. A lab tested the gun and compared the grooves and scratches of its interior to the casings found at the crime scene. According to the examiner, the gun conclusively matched “to the exclusion of every other firearm in the world.” End of story. Guilty verdict.

But how is this possible? Is it without a doubt that the casings didn’t come from another gun?

It’s not, but sadly forensic examiners for years have been able to say that “close but not identical ballistic markings” are in fact conclusive. Countless juries have been told that something is a match without also being told the percentage of uncertainty.

The New York Times recently profiled a story about this common practice-one that has contributed to wrongful convictions all across the country.

The Times article pointed out a 2009 finding by the National Academy of Sciences, a nonprofit organization that conducts research in science and technology. In a nutshell, the NSA basically concluded that there is no single forensic method utilized today that can link evidence to an individual with a high degree of certainty. Whether it’s linking footprints to a person’s shoe or a shell casing to a gun.

Since then, pattern evidence has been closely scrutinized.

In May 2015, a $30 million grant by NIST was given to a team of statisticians and legal professionals tasked with analyzing matches to determine the likelihood of, for instance, a hair sample to that of another individual or bite mark to that of another person’s teeth.

Almost a year later, the team is still at work. Researchers are putting together an enormous database to house the countless images need to conduct the analysis.

They hope that examiners will be able to eventually come up with a similarity ratio to provide to juries. However, it remains to be seen how it will work and for what patterns. But when lives are on the line, it’s worth pursuing.

The post Ballistics testimony; a practice contributing to wrongful convictions appeared first on Houston & Underwood PLLC .

Should mentally ill jailhouse informants be allowed to testify?

websitebuilder@thryv.com — Mon, 08 Feb 2016 22:13:00 GMT

Government informants -or snitches as they are often referred to-are are nothing new to the criminal justice system.

For years, prosecutors have used the testimony of inmates to help secure a guilty verdict for those on trial for various crimes. And, in exchange for helpful testimony, inmates who cooperate and give their story are given lighter sentences or relocations to more favorable correctional facilities.

However, despite the popularity of using snitches, countless wrongful convictions have occurred all because of phony informant testimony.

An upcoming capital murder trial in the state of Virgina has sparked nationwide awareness about the use of jailhouse informants-and just may force lawmakers to take a closer look at this issue.

The case involves a Virginia man on trial for murder and is facing the death penalty. Prosecutors plan to call four inmates serving time for various crimes as witnesses to testify against the man.

The interest is not necessarily because these men are going to be called to testify-public attention has increased because two of the four were found mentally incompetent at their own trials.

One of the planned informants reported recurring hallucinations during his trial back in 2011. The other informant was later diagnosed with volitional malingering, psychological terminology used to define those who deliberately fabricate mental or physical disorders for gain.

Should these types of individuals really be allowed to testify given their apparent past psychological troubles?

No, according to the defense attorney for accused. “[These] witnesses are more willing to lie or perjure themselves than other categories of witnesses,” he stated.

The capital murder trial was originally schedule for this month but has since been postponed.

According to the Center of Wrongful Convictions at Northwestern University’s law school, “snitch testimony” is the leading cause of wrongful convictions in death penalty cases. Over 45 percent of the capital murder cases later exonerated had used informants.

The post Should mentally ill jailhouse informants be allowed to testify? appeared first on Houston & Underwood PLLC .

This year’s covert passage into the federal spending bill is…

websitebuilder@thryv.com — Tue, 05 Jan 2016 22:14:00 GMT

Every year, Congress passes a spending bill, a large document that essentially spells out the amount of taxpayer dollars allotted to pay for services provided by the federal government.

And, like every spending bill, a small provision or two get quietly inserted into the bill’s language and passes underneath the noses of our elected officials.

This year’s passage has gained widespread attention and is a win for medical marijuana enthusiasts.

Over the past decade, approximately 32 states as well as the District of Columbia have passed laws legalizing medical marijuana in various forms.

However, marijuana is still considered an illegally controlled substance under federal law. And, despite state action, federal law always trumps state law-which means federal agents are free to police users and those who operate dispensaries in any state where it’s legal-until now.

Hidden in the roughly 1600 pages of the recently signed federal appropriation’s bill is a small provision that essentially ends this authority by the federal government.

Federal agents can no longer proceed with criminal action against anyone in a state or district where medical marijuana usage is legal.

The bill was signed by President Obama last month and takes effect until September 20 of next year.

Although a small step toward marijuana legalization, it’s certainly good news for individuals who have for years relentless pushed for drug reform.

It remains to be seen what actions will be taken by other states and the federal government in the years to come.

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