Nashville Criminal Defense Law Blog

Not all evidence is admissible in a courtroom. Mistakes can be made throughout police investigations, and illegally obtained evidence can be tossed.

In a suppression hearing, a judge will decide if evidence should be suppressed. What kind of evidence is inadmissible and why? Below, we provide an overview of the reasons evidence can be suppressed in a trial.

In Tennessee, people who are convicted of DUI after a blood or breath test are required to pay the Tennessee Bureau of Investigations, which performs those tests, a $250 fee. People who are not convicted are not required to pay the fee. The state's Court of Criminal Appeals recently found that to be unconstitutional because it sets up an apparent conflict of interest and calls the trustworthiness of the test results into question.

Over 20 DUI defendants appealed their convictions, claiming that the testing fees give the TBI an incentive to produce positive test results. They made clear that they weren't accusing the TBI of actually falsifying any results. Rather, they claimed it "created the appearance of impropriety and the potential for abuse based upon financial interest." That, they said, violates defendants' due process rights.

Nashville is a unique part of the country that has a rich appeal to tourists looking for a fun time exploring the robust music scene, rich history and down-to-earth culture. There are many reasons more and more visitors are crossing state lines to have a good time in the music city. Some of the most popular attractions include the Grand Ole Opry, Country Music Hall of Fame and Museum, Honky Tonk Highway and the historic Music Row, to name a few.

In 2016, approximately 13.9 million tourists came and left the city of Nashville throughout the year. In fact, within a decade, the city known for drawing a large crowd has seen an increase of visitors by 45 percent. With so much magnetism to city attractions, there usually involves lots of drinking and fewer inhibitions that may cost an unknowing visitor legal trouble if not careful.

When a defendant is exonerated, what happens next? Suppose the defense proves that DNA evidence from the crime scene does not match the defendant. Or, perhaps a key witness recants their story. In some cases, misconduct by the police, prosecutors or the jury is discovered. Once it's clear that the prosecution's case is insufficient to prove guilt beyond a reasonable doubt, does the defendant walk free?

Not necessarily. What happens next is up to the prosecution, believe it or not. There will be a hearing before a judge, but it rarely goes like you've probably seen in the movies. There's usually no apology on behalf of the state.