Posts Category - Criminal law
What Happens to My Vehicle if I Am Pulled Over for Drunk Driving?
If you’ve been pulled over for drunk driving, you undoubtedly have a range of concerns, and one of them is likely to be what happens to your vehicle now. A better understanding of your rights and the relevant laws can help you navigate the complicated process ahead more effectively. In...
Continue reading »What Are the Consequences of Refusing a Breathalyzer Test
If you’re pulled over under suspicion of driving under the influence (DUI), you have plenty of questions and concerns, but one of the most pressing may be whether refusing the breathalyzer test is the right way to go. A better understanding of the charge and what’s at stake can help...
Continue reading »What if the Police Forget to Read Me My Miranda Rights?
If the police arrest you and plan to keep you for further questioning, they must legally read your Miranda rights. There is a misconception that if the police do not read your Miranda rights, you cannot be prosecuted, which is not true. However, law enforcement will not be allowed to...
Continue reading »Should You Consent to a Vehicle Search If You Are Pulled Over?
You may feel humiliated if you have ever been pulled over by a cop. Police officers bank on citizens not being aware of the law, allowing them to cut corners to obtain the information they are looking for. However, if a police officer asks to search your vehicle, you should...
Continue reading »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 »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 »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 »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 »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 »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 »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 »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 »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 »How Will a Second DUI Affect My Record?
A second DUI offense is serious Charges related to driving under the influence (DUI) are a serious matter in Tennessee. Drunk driving presents a danger to others on the road, and law enforcement officials are aggressive in apprehending and pressing charges against suspects. With some of the toughest drunk driving...
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 »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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