Depending on the facts unique to a criminal defendant’s case, the penalties imposed for convictions of sexual offenses can have dramatically different outcomes. Consider the following sentences in Tennessee: A “Class A” felony can result in 15-60 years in prison, a “Class B” felony is 8-30 years, and a “Class C” felony is 3-15 years. […]
Getting a fair day in criminal court is the constitutional right of all Americans. However, getting offered the best plea deal is not. According to a recent article, a criminal defendant’s financial resources might affect the outcome of any negotiations with prosecutors. Specifically, a program called diversion may not be available to all criminal defendants. […]
As a former public defender, I am aware that substantial government resources may go toward investigating and prosecuting alleged sex crimes. Investigations may begin months or even years before an arrest is made. The recent arrest of a Tennessee man provides context. The accused, a 48-year-old former deputy at the Blount County sheriff’s office, has […]
Although DNA evidence may be characterized as irrefutable proof in television and movie dramatizations, real life applications raise some concerns. Specifically, there are variables that can affect the reliability of DNA evidence. One of the biggest problems with DNA samples is contamination, resulting in tainted evidence. DNA evidence must be properly collected, processed with care […]
A recent article questioned the appropriateness of penalties for drug possession for personal use. The question affects more people than readers might realize: An American is arrested every 25 seconds for possession of personal use drugs. Although officials may claim that their enforcement efforts target those who sell drugs, those who possess drugs are arrested at […]
A former Tennessee sheriff’s post-conviction legal efforts have paid off: The Tennessee Court of Criminal Appeals recently ordered a new trial. The former sheriff was arrested for allegedly trying to shoot his wife. He was formally charged with attempted voluntary manslaughter, and the jury in his criminal trial found him guilty in February 2013. The […]
