A police department in the western part of Tennessee has become embroiled in a constitutional challenge with respect to hundreds or more criminal arrests that appear to have been carried out improperly over the past 15 years. Lawyers for several former criminal defendants who were arrested and prosecuted in the city of Jackson have filed a class action lawsuit in federal court against the city and others. They allege that the arrests were void because the affiants making out the arrest warrants were not put under oath by the City Court Clerk. The error can give an accused a criminal defense that may succeed in having an arrest, prosecution or conviction dismissed.
We are pleased to announce that attorney Eric Larsen of Larsen Law PLLC in Franklin, Tennessee, has been selected for the 2018 Super Lawyers list. Eric was selected last year, as well, and has been named to the Rising Stars list since 2015.
Finding yourself being suspected of a crime that you did not commit is an incredibly stressful experience. You might fear the result of a guilty charge, and although you might have been at the scene of the crime or partially involved, you need to explain yourself and your actions so that the courts can understand your rationale, your intentions and the reasons for why you acted in the way that you did. The good news is that there are many legally accepted defense options that you can use to do this.
Being presented with a plea bargain can be very confusing. Prosecutors often present pleas when defendants feel desperate or that they are left with very few options for the future. Often, defendants face long prison terms if convicted on the original charges.
In criminal law, there are three main types of offenses, each with a different level of severity. In ascending order of severity, there are infractions, misdemeanors and felonies.
If being convicted of a charge such as assault or domestic violence, it is always a viable option that in committing the act, you were doing so in defense of personal safety. This is universally accepted as a valid reason for acting violently, as long as your actions were appropriate given the situation.
Last week, a local judge based in Hamilton County, Tennessee, questioned a new state law brought into effect by the Tennessee Attorney General's office. He said the new state law forces him to bill for orders of protection; however, in many cases, these are laws of protection that people don't want.
Around 90 percent of all criminal cases in the U.S. involve plea bargains. This is notable because many countries in the world do not allow plea bargains since those countries consider them unethical.
If you get arrested, it's critical that you understand exactly what types of charges you're facing. This can dictate what next steps you should take and what types of ramifications to expect.
Many domestic violence allegations are true, but there certainly is the possibility that the accusations are false. While accusations need to be taken seriously, it's important to remember that everyone has a right to be presumed innocent unless proven guilty -- and not the other way around.