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March 13, 2017
Deputy faces a host of federal drug charges

A Tennessee sheriff’s deputy tasked with drug enforcement is now facing the same charges as those he once helped to put away. According to authorities, an informant implicated the deputy. In exchange for a reduction of charges, the informant worked with FBI agents to catch the deputy in the act. The FBI agents observed the […]

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February 27, 2017
Could a criminal arrest threaten your immigration status?

In previous posts, we’ve discussed some of the procedural rights that must accompany a lawful arrest, such as the Miranda warning. Yet for someone who is uncertain about his or her immigration status, a brush with law enforcement can be an intimidating affair. Many immigrants may fear that a criminal arrest may trigger a deportation proceeding. Yet […]

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February 15, 2017
What procedures must the police follow during an arrest?

One of the first areas where our criminal defense law firm looks for irregularities is the arrest record. For that reason, it is important to understand the process. As background, the police are bound by certain legal procedures during an arrest, defined as the moment when an individual is taken into custody. Before the police […]

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January 30, 2017
A criminal defendant’s silence should not create an inference

Although a court has the inherent power to instruct a jury to disregard an improper statement made by a prosecutor, can the damage in a criminal trial really be undone? Our Nashville criminal defense law firm understands the importance of seeking a mistrial or an appeal, where appropriate. In fact, we have successfully obtained a reversal of […]

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January 16, 2017
What makes for a good state court appeal?

Although criminal procedures are intended to produce justice, the justice system, like all areas of life, is susceptible to human error. For that reason, our Tennessee law firm has always maintained that criminal appeals should be regarded as an essential aspect of the system, not merely a last ditch effort. In a recent example, a […]

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January 4, 2017
Appellate judge urges courts to remember poverty is not a crime

In 2012, a 40-year-old homeless man named Harley was arrested for stealing quarters from a vending machine on a university campus. He had simply walked into a campus building during the daytime, unarmed and threatening no one. He used a bent coat hanger to fish out the quarters without damaging the vending machine. His take […]

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January 2, 2017
An attorney can advocate for mitigating factors in your sentence

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. […]

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December 21, 2016
Does money improve your chances of a fair criminal outcome?

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. […]

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November 22, 2016
Sex crime defendants deserve procedural due process

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 […]

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November 7, 2016
Can challenges be raised against DNA evidence?

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 […]

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ATTORNEY PATRICK MCNALLY
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