Posts Category - Blog
What is the Difference Between State & Federal Crimes?
State and federal crimes might appear similar on the surface. However, there are several differences between the two that can significantly impact your case. At the Law Offices of Burch, Morrison, & Stewart, we have more than 20 years of experience defending clients. We deeply understand the differences between state...
Continue reading »What is Mens Rea and What are the Types?
A person cannot be found guilty of a crime if there is no proof beyond a reasonable doubt that the person had the intent to commit the crime. The concept is known as “mens rea,” which is a Latin term that means “guilty mind.” In other words, you cannot be...
Continue reading »Pushing for Decriminalization of Marijuana for the Economy
Scientists and medical experts praise many medical benefits of recreational marijuana, but many tend to overlook the potential economic benefits of legalizing marijuana in the United States. Many states that decriminalized marijuana have seen positive economic effects, such as: Increased tax revenues Job growth Investment opportunities All of these potential...
Continue reading »Is CBD Oil Legal in Tennessee?
Nowadays, customers can purchase CBD oil products online or in retail stores. While many people use CBD products on a daily basis, the legality of CBD oil remains a debated topic. Some of you may wonder, “Is CBD oil legal in Tennessee?” The short answer is: It depends on the...
Continue reading »New Tennessee Law May Make Protests Illegal
After more than two months of protests against police brutality, Tennessee Gov. Bill Lee signed a new law revising criminal laws surrounding protest-related offenses and making it illegal to camp on state property. Protesters who get arrested for illegal camping on state property will now face a felony punishable by...
Continue reading »COVID-19 Families Required to Quarantine for a Month
Tennesseans are required to isolate themselves for nearly a month if someone in their household tests positive for COVID-19. The announcement was made by the state’s Department of Health in late August, according to NewsChannel 9. If someone you live with tests positive for coronavirus in Tennessee, you are required...
Continue reading »Anti-Protesting Bill Passes in TN
A controversial new law in our state targets protesters. If you have been impacted and are facing criminal charges, call our experienced law firm today. Protesting is a fundamental right that is protected by the First Amendment to the U.S. Constitution and has been recognized over the ages as one...
Continue reading »In Tennessee, You Can Lose Voting Rights if Arrested at a Protest
A felony conviction will result in loss of voting privileges. After a new law in Tennessee goes into effect, protesting might fall into that category. The right to protest is fundamental. It is protected by the First Amendment to the U.S. Constitution (the right to assemble), and history has shown...
Continue reading »Family Intends to Sue Care Center for Patient Neglect
Will Tennessee’s new law bar nursing home neglect lawsuits? Talk to an attorney to learn more. Losing a loved one is always an emotional and trying experience, and one that can be even more heartbreaking if there is belief that the death could have been prevented. That is exactly what...
Continue reading »Wear a Mask, Carry a Gun, No Problem
Do not worry — you will not get arrested if you are legally carrying a gun and wearing a mask in our state. While wearing a mask is not only common but required for entry in most parts of the state right now, wearing a mask indoors may initially trigger...
Continue reading »Domestic Abuse Rising Amid the Coronavirus Pandemic
For domestic violence victims, being trapped at home with their abusers during the stay-at-home order may be worse than the prospect of becoming infected with the coronavirus. What is worse is that courts across the country have substantially reduced the number of restraining orders they are processing during the COVID-19...
Continue reading »Could Homeschooling be the Best Option During the COVID-19 Pandemic?
Parents Have Many Options for Taking Control of Their Children’s Education The coronavirus pandemic continues to rage, and many people are worried about the upcoming school year. Many health experts assume that schools will be a primary vector for spreading the disease, and children could infect many of their elderly...
Continue reading »Is it Right to Base Care on Expected Longevity?
Pandemics Force Doctors to Make Difficult Decisions When hospital resources are stretched too thin, doctors and hospital administrators face the dilemma of who should receive life-saving care. This issue has been front and center in Tennessee lately thanks to the novel coronavirus, which has swept through the population and continues...
Continue reading »How Tennessee Defines the Difference Between Manslaughter and Murder
Criminal Intent and Tennessee’s Murder Laws Killing another person is a crime in Tennessee. However, the law distinguishes between different types of killing, with murder being the most serious and manslaughter being a lesser offense. However, a conviction for murder or manslaughter could lead to decades or more behind bars,...
Continue reading »Tennessee Provides Free Childcare During the Pandemic: Find Out Who is Eligible
The Tennessee Department of Health Services is providing free access to childcare during the COVID-19 pandemic. The program, created during the State of Emergency, is a partnership between the Department, YMCA, and the Boys & Girls Clubs in Tennessee. Here is everything you need to know about the COVID-19 Essential...
Continue reading »Could Exposure to COVID-19 Affect Child Custody?
Many front-line and essential workers who provide critical services during the coronavirus crisis are divorced parents who share custody and parenting time with their former spouse. Those people on the front lines of the battle against the pandemic are doctors, physicians, nurses, and other healthcare providers who are exposed to...
Continue reading »What is Parental Alienation?
Family law courts in Tennessee presume that children benefit most from the presence of both parents in their lives. While many parents agree with that idea even after divorce, some parents attempt to alienate their kids from their ex-spouse. The Definition of Parental Alienation in Tennessee If you ask a...
Continue reading »New ‘Red Flag’ Law Could Affect Gun Control
A new “red flag” law in Tennessee would allow the temporary removal of guns from at-risk individuals. The bill is sponsored by Sen. Sara Kyle, D-Memphis. The legislation would allow residents to petition Tennessee courts to temporarily remove firearms from relatives who pose a threat to themselves or other people,...
Continue reading »Spreading COVID-19 Now Comes with a Terrorist Charge
Those who purposefully spread COVID-19 could be charged with terrorism. According to CNN citing a Justice Department memorandum, individuals who intentionally spread the coronavirus disease (e.g., by coughing on other people) could face terrorism charges for the “purposeful exposure and infection of others.” In the memo to federal law enforcement...
Continue reading »Is Child Custody Affected by the COVID-19 Outbreak?
The COVID-19 outbreak has affected the life of every parent in Tennessee. With the state’s stay-at-home order in effect and statewide school closures aimed at preventing the spread of coronavirus in schools, parents are struggling to find ways to entertain their children. For many divorced parents in Tennessee, the coronavirus...
Continue reading »Should DNA Testing be Allowed Post-Conviction?
If new evidence would have changed a criminal trial’s outcome, it may be grounds for successful appeal. The same thing is true of juror misconduct and other issues. The curious case of Sedley Allen has some people asking about the place of DNA tests in closed criminal cases. In 2006,...
Continue reading »Is the Juvenile Criminal System Broken?
The current Tennessee juvenile justice system seems to struggle with violent offenders, but what is the best solution to this problem? Overall, juvenile crime has gone down over the past decade. But serious crimes have increased, prompting some people to claim that the system needs serious reform. The violent crime...
Continue reading »How Young is Too Young to Leave a Child at Home in TN?
Before leaving your children at home alone in Tennessee, it is important that you understand the regulations and take time to evaluate your children’s capabilities. Whether you are just planning to run out to the market quickly or need to be gone for several hours, the decision to leave your...
Continue reading »How to Handle Child Custody During Stay-at-Home Orders
The COVID-19 pandemic and the resulting stay-at-home orders aimed at minimizing the spread of the virus have caused confusion among divorced parents. What is worse is that many parents began disobeying their child custody orders and failing to return their child to the other parent out of fear of contracting...
Continue reading »FAQs About Traveling with CBD Oil
Traveling with CBD oil products, even on domestic flights, is generally legal in Tennessee. However, there are some things to keep in mind. Cannabidiol, which is the part of a marijuana plant that contains little or no THC, is widely available in Tennessee. Advocates claim that CBD oil effectively treats...
Continue reading »Top Five Signs Your Child is a Victim of Cyberbullying
Behavioral changes, and physical changes as well, are some common indications of cyberbullying. This problem is quite common among children. If your child has regular access to a smartphone or other device, there is a good chance your child has been cyberbullied. Approximately half of children admit they have been...
Continue reading »Should a Sexual Assault Victim be Allowed to Use Deadly Force in TN?
Under current Tennessee law, a person is not justified in using deadly force in self-defense to deter sexual assault and rape. Instead, for a victim of sexual assault to prove that the use of deadly force was “necessary,” he or she must demonstrate a fear of serious bodily injury or...
Continue reading »Is it Illegal in Tennessee to Badmouth Your Spouse to Coworkers During a Divorce?
While it may seem that you can say whatever you want about your soon-to-be-ex-spouse to anyone, including his/her or your coworkers or employer, when your divorce case is pending, the law in Tennessee thinks otherwise. Under T.C.A. § 36-4-106, divorcing spouses are prohibited from making “disparaging remarks” about each other...
Continue reading »Defining Theft, Burglary, and Robbery
The terms ‘theft,’ ‘burglary,’ and ‘robbery’ are often used interchangeably, but they are not all the same thing. If you have been charged with a crime, reach out to our criminal defense lawyers serving Manchester, TN today. If you are charged with a crime in Manchester, TN, it is important...
Continue reading »Could the Medicinal Marijuana Bill Return in 2020 in TN?
The Medicinal marijuana bill is postponed for now, but what does that mean? Many legislators have been trying to push marijuana reform in Tennessee for years. Just last year, it looked as though a bill allowing medical marijuana was about to be passed, before it was struck down in its...
Continue reading »Do Not Talk About an Accident on Social Media
In the aftermath of an accident resulting in personal injuries, posts you make on social media can end up hurting your case. For many people, social media is a regular part of daily life. They check their accounts first thing in the morning and post status updates, pictures, or videos...
Continue reading »What Constitutes a Wrongful Death?
Losing someone you love is devastating, but it can be even more tragic when your loved one dies due to someone else’s negligence. This is a death that could have been prevented. Tennessee law allows the family of the deceased to bring what is known as a wrongful death claim...
Continue reading »Visiting Tennessee with a Medical Marijuana Card? Here is What You Need to Know
If you have a valid medical marijuana card from your home state, it does not necessarily transfer to Tennessee — at least, not yet. As the stigma surrounding marijuana continues to soften, medical marijuana users are sometimes left in limbo as confusing laws leave them open to the potential risk...
Continue reading »Why Insurance Companies Hire Personal Investigators
Insurance companies hire investigators to review every aspect of your claim in the hopes of being able to deny, downplay, or dispute coverage. When you suffer personal injuries and/or property damages as the result of an unexpected accident or mishap, insurance can help offset your expenses. However, it is important...
Continue reading »May is Motorcycle Awareness Month
Motorcyclists are at a higher risk of being involved in a fatal crash than are other motorists. May is motorcycle awareness month; whether you are a rider or a driver, do your part to stay safe and reduce accidents. While drivers should be aware of motorcyclists on the road every...
Continue reading »Distracted Driving and Pedestrian Accidents
Pedestrian deaths are on the rise across the country, thanks in part to heavier vehicles and less attentive drivers. Pedestrian deaths have hit a 28-year-high across the nation, with more than 6,200 people killed on roads in the United States in 2018. In comparison, 4,100 pedestrians were killed across the...
Continue reading »Do I Need a Police Report in a Slip and Fall Accident?
Having a police report plays a key role in seeking compensation for slip and fall injuries. When a slip and fall accident occurs, it is common for victims to be embarrassed and attempt to shrug off the incident and any pain or suffering they experience as a result. Unfortunately, the...
Continue reading »How Long do I Have to File a Personal Injury Claim in Tennessee?
Life can change dramatically following a serious injury. As you manage recovering from your injuries, dealing with insurance companies, organizing medical bills, and figuring out how to support yourself as you struggle with lost income, you may have time for little else. Meeting with a lawyer and discussing the possibility...
Continue reading »Is it Ever a Good Idea to Refuse a Test if You are Pulled Over for DUI?
If you get pulled over in Tennessee for driving under the influence (DUI) and the officer asks you to take a test to prove how much you have had to drink, what should you do? That is a question that many people ask. Do you have to submit yourself to...
Continue reading »Not every homicide, or killing of a human being, is a crime
Being accused of being involved in a homicide can understandably be unnerving. However, a common misconception is that every homicide is a crime. A homicide is essentially the killing of a human being. Many homicides, including manslaughter and murder, do violate laws. However, other homicides, such as killing someone in...
Continue reading »Why mediating a divorce might be your best option
The thought of having to go through the divorce process may be mentally and emotionally overwhelming. However, not every divorce proceeding has to feel like a battle. Divorce mediation offers an alternative process to traditional divorce litigation in Tennessee. By mediating a divorce, you can handle matters such as property...
Continue reading »Rate of opioid car accidents rapidly increasing
Safety advocates and law enforcement continue to impress on the public the dangers of drinking and driving. The effects of alcohol on the body and mind make it difficult to safely operate a motor vehicle, and accidents involving drunk drivers typically result in horrific injuries. Lately, however, those same opponents...
Continue reading »Fighting back against allegations of white collar crimes
White-collar crimes are non-violent crimes associated with unlawfully taking information or money or employing other illegal means for the purpose of financial gain. This term describes a wide range of illegal activities most often committed by financial experts and government officials, usually involving deceit, fraud and more. If you are...
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