The post Can You Get Arrested for Fighting in Public in Nashville? appeared first on McNally Law - Patrick T. McNally, Attorney at Law.
]]>The consequences of breaking these laws can have lifelong effects. Jobs, relationships, and self-esteem are just a few examples of how one incident can alter your life. If you or someone you know has recently been charged with disorderly conduct, steps toward protecting yourself and your future may be needed, beginning with hiring a Nashville criminal defense attorney.
It is possible to be arrested for a public fight in Nashville. Engaging in a fight in public can be a public safety concern, as it creates a hazardous and alarming environment for the people in that area. Nashville has laws in place to protect its citizens, but they can sometimes result in life-changing consequences for those accused.
Fighting in public may cause you to be subject to a disorderly conduct charge in Nashville. You may be breaking the law if you are involved in:
A disorderly conduct violation can force you to face the penalties of a Class C Misdemeanor, resulting in a fine of $50 and jail time of no longer than 30 days.
If a fight becomes extreme and violent, the consequences of fighting in public could increase in severity. When you purposely cause someone physical harm, you could be charged with assault and a Class A misdemeanor. You could face fines of up to $15,000, as well as jail time. If the assault involved domestic abuse, additional fines may be imposed on you.
Purposefully provocative or offensive contact and causing another person to fear physical harm could also result in assault charges, and they will be charged as Class B and Class A misdemeanors, respectively.
The criminal justice system can be complex and overwhelming. Hiring a criminal lawyer can offer you understanding during this challenging time in your life. You can obtain the help needed to navigate the justice system, and your confusion can be exchanged for confidence. A criminal defense attorney knows the risks presented by the potential for conviction and can offer you options that better your life-long future.
If you are facing a charge in Nashville for fighting in public, seek help quickly. The sooner you and your lawyer can begin building a strong defense, the better. When you contact an attorney, speak with them about your case during an initial consultation. During the consultation, you can discuss the details of the incident and your criminal record. A qualified criminal defense attorney should provide you with options as well as valuable resources.
Next, an attorney can help build your defense plan. They will attempt to challenge the prosecution in the strongest way possible.
With guidance and support throughout, even in extreme cases, you can have more control over your future. Whether you are wrongly accused or believe you are guilty, you can work with an attorney who can do everything they can to clear your name. Depending on your circumstances, an acquittal may be a realistic goal. If it’s favorable to your case, your legal team may work on bargaining a plea for minimal sentencing or charges.
A: Besides the injuries inflicted and received, there may be police involvement. Once officials are involved, there is a question as to whether or not orders were followed in a respectful manner. You may be charged with disorderly conduct because of the disruption to peace, an assault, or not following an order.
Having a fight in your community may also require medical help or traveling to a medical facility. Relationships also can be greatly affected, as a public fight may cause shame and embarrassment.
A: According to Tennessee’s legal code, disorderly conduct is illegal. Fighting can cause a disturbance that is loud, annoys community members, and injures and endangers the comfort and safety of the public. Those who engage in public fights are subject to penalties such as fines and jail.
A: If the altercation is limited to punching without serious injury, no felony would be warranted. However, fighting in public can encompass many different circumstances. When a fight turns physical, it can then be classified as a simple assault. Simple assault in the state of Tennessee could mean a Class A misdemeanor, which is subject to one year of prison time and fines up to $2,500.
If the punching causes serious bodily harm or if any weapons are involved, this would be considered an aggravated assault, and a felony may now be issued.
A: The state has a “Stand Your Ground” self-defense law in place. You do not have to avoid the perpetrator before choosing to defend yourself. If you can prove that the circumstance evoked fear of serious harm or death, the actions may be justified. However, if there is a complete loss of life or a lack of substantial evidence, a crime could be charged. Occasionally, depending on certain variables, this could result in jail time.
A fight in a public place could happen to anyone. It is a moment in time that can regrettably threaten your freedom and future opportunities. You have rights and options, so contact us today to begin your first and most important step. Working with the accomplished team at McNally Law can ensure your future life goals are a top priority.
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]]>The post Is Weed Legal in Nashville, Tennessee? appeared first on McNally Law - Patrick T. McNally, Attorney at Law.
]]>Tennessee's stance on cannabis remains stringent, regardless of the shifting perspectives on cannabis at a nationwide level. In Nashville, Tennessee, navigating weed use involves understanding restrictions, local laws, and accessible alternatives. While medical and recreational marijuana are both illegal in Tennessee, the availability of Delta-8 THC offers an alternative for individuals seeking cannabis-related products.
Under Tennessee laws, both medical and recreational cannabis use is forbidden. Despite the shifting attitudes toward cannabis use in many states, recreational marijuana remains illegal in Nashville, Tennessee. Not only has the state not legalized recreational marijuana use, but it holds very strict regulations around consumption, possession, and distribution for non-medical purposes.
The recreational use of cannabis can lead to users facing legal consequences under Tennessee law if discovered by law enforcement.
Tennessee does not have an active medical marijuana program, meaning local residents do not have access to medical marijuana cards. This absence of a formalized medical cannabis system restricts individuals from obtaining marijuana for medical purposes, limiting treatment options for those seeking alternative therapies for several types of conditions.
While there is not a medical marijuana program locally, taking time to talk through any health concerns with a medical provider is advisable, as other options are available.
The penalties for cannabis possession, cultivation, and sale vary depending on the amount of cannabis discovered. If convicted of a first-time simple possession or a casual exchange of marijuana, individuals can face a jail sentence of up to one year and potentially a fine between $250 to $2,500.
Growing and selling marijuana can sometimes result in an even harsher penalty. At the low end, selling or cultivating ½ ounce to ten pounds of marijuana could lead to a fine of $2,000 to $5,000 and prison time for one to six years. Selling or cultivating at least 300 pounds of cannabis or 500 plants is a Class A felony that can lead to a fine amount between $2,000 and $500,000 and prison time from 15 to 60 years.
Under federal hemp regulations, Delta-8 THC is legal and available in Nashville. Delta-8 products are accessible in CBD dispensaries, smoke shops, and online retailers. Delta-8 is derived from hemp and offers a legal alternative to Delta-9 THC, which is illegal in Tennessee. Delta-8 has much milder effects than its cousin, Delta-9 THC.
However, it is important to stay informed on the ever-evolving local regulations and purchase only from reputable sources to ensure full compliance with Tennessee's cannabis laws.
Tennessee law states that possession of THC products with over a 0.9% content can result in legal charges. Exceeding a THC threshold of 0.9% can result in prosecution or fines, as the state has a strict stance on regulating the concentration of psychoactive compounds in any cannabis product.
Understanding the nuance of local regulations and laws regarding cannabis is crucial for a Nashville visitor or resident. Municipal (referring to city and town-specific governing body) regulations can, at times, differ from state laws, potentially impacting designated consumption areas, possession limits, and even local enforcement practices.
If you are hoping to explore a cannabis-based treatment for a health concern, it is advisable to seek out the advice of a healthcare provider as you need to navigate and adhere to Nashville’s legal requirements around cannabis consumption. To make an informed decision, consulting a healthcare professional can offer insights into alternative therapies, legal considerations, and potential risks regarding cannabis-related issues.
A trustworthy and knowledgeable lawyer can facilitate a clear understanding of Tennessee's cannabis laws and help foster informed choices and decisions within the city and state's legal framework. Maintaining an up-to-date understanding of local laws and regulations can prevent legal issues associated with cannabis use.
A: Both recreational and medical marijuana use and consumption are illegal in Tennessee. It is among the eleven states yet to legalize general cannabis use. Tennessee's firm laws maintain restrictions despite the ever-evolving attitudes toward marijuana in other regions. This contributes to a landscape where both medical and non-medical cannabis use is still strictly regulated and penalized in the state, with the possession of products exceeding 0.9% THC content leading to prosecution.
A: As possession of marijuana in Nashville, Tennessee, is illegal, the consequences of getting caught can include jail time and fines. The severity of these penalties can vary based on the amount an individual has in their possession. Possession of a smaller amount of marijuana can result in a misdemeanor charge that comes with fines, probation, and/or a possible short jail sentence, but larger quantities of marijuana and/or repeat offenses can lead to more severe penalties.
A: Individuals can purchase Delta-8 products in Nashville, Tennessee. Delta-8 comes from hemp and adheres to the federal laws and regulations governing this particular substance. Delta-8 is quite accessible in Nashville and is available in physical locations such as CBD dispensaries or smoke shops, but can also be purchased online.
A: In Tennessee, individuals are not able to receive and use medical cards as medical marijuana is not legal. A consultation from a local healthcare provider is helpful for individuals contemplating the potential benefits of medical marijuana. These medical professionals can provide relevant insights into available alternatives and potential treatments.
An attorney can provide invaluable support through their comprehensive understanding of local regulations, rights, and the potential legal consequences associated with all cannabis-related issues. Seeking legal advice regarding cannabis use, especially in Tennessee, where rules and regulations are constantly evolving, creating a complex legal landscape, is invaluable.
Patrick McNally is well-versed in cannabis law, the specific statutes, possession limits, and evolving regulations, as well as crafting a legal defense for those charged with cannabis-related offenses. Contact McNally Law today with your questions regarding cannabis use in Nashville, Tennessee.
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]]>The post How to Find a Good Criminal Law Lawyer in Nashville? appeared first on McNally Law - Patrick T. McNally, Attorney at Law.
]]>A conviction also results in a criminal record, which can have lasting effects for the rest of your life. This is why it’s essential to obtain legal defense as quickly as you can. It’s important to review your options, however, and ensure that you choose an effective and dedicated defense attorney. Otherwise, you may spend more than you should on legal services that are not tailored to your needs and fail to defend your case effectively.
If you have been arrested in Nashville, there are several things to consider when looking for a criminal defense lawyer.
As you begin looking for a defense attorney, there are some basic things you want to keep in mind:
It’s important to know where to look for recommendations for criminal defense attorneys. Beyond using a search engine or other methods to find a strong criminal defense attorney, there are other routes to find a lawyer you can trust. These include:
When you find potential attorneys for your criminal defense, obtain a consultation or initial interview to learn more about them. Pay attention to:
A: It’s essential to take steps to protect your rights after an arrest. The most important things to remember are:
A: A criminal defense attorney can significantly benefit your case and give you the greatest chance at avoiding a conviction. If being acquitted or having the charges dropped isn’t possible, an attorney works diligently to limit the severity of the penalties you face.
An attorney gathers evidence, interviews witnesses, works with professionals, and uses all this information to build an effective defense for your case. They work to understand the specifics of your case and arrest to find the ideal defense, which can prevent or lower the charges against you. During your case, your attorney can provide much-needed legal and emotional support.
A: An indictment is a formal criminal accusation which lists the specific crimes that a defendant is being charged with. An indictment is only necessary for felonies, as misdemeanors are typically filed as criminal complaints. The indictment must include:
To have evidence for an indictment, the prosecution must have probable cause. An indictment occurs after an investigation into a crime but before a criminal trial.
A: A criminal defense attorney defends their client against criminal charges. The client may be an individual, organization, or corporation charged with a criminal offense. A defense attorney typically works from the arrest to a negotiated plea deal, dropped charges, or the appeals process after a conviction.
An attorney also:
Patrick McNally has experience in several areas of criminal law. McNally Law is proud to represent those facing criminal charges with a strong defense and dedicated legal care. Contact us today.
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]]>The post What Should I Do If I Get into Legal Trouble in Nashville as a Tourist? appeared first on McNally Law - Patrick T. McNally, Attorney at Law.
]]>Unfortunately, it is not uncommon for people who are having a good time to get carried away. Drunk driving and alcohol- or drug-related crimes are especially common ways that people get themselves into trouble while on vacation. Often, what starts as an opportunity to loosen up spirals into a few inadvisable decisions. When the police get involved, your dream vacation becomes a nightmare.
Legal trouble is a serious matter regardless of when or how you run into it. It is even worse when you are outside your home state. Trying to prove your innocence in a system that you know is hard enough. Trying to deal with a system you have never interacted with or heard of before can be insurmountable without appropriate help.
There are several problems that people can get themselves into when dealing with the legal system while on vacation. Tennessee, like many other states in the U.S., requires all cases to be tried in the state. This requirement applies even to misdemeanors and citations. This can be an unpleasant surprise for visitors. If you are allowed to leave the state at all, you will still have to return to the state for court processes arising from the case. Failure to appear for your hearings can result in an automatic Class A misdemeanor. This can result in automatic additions to the penalties that you may already be facing. It can also cause the judge to be less sympathetic to your case than they would have been originally.
Furthermore, leaving Tennessee before addressing the charges against you can lead to additional charges. There may even be warrants issued for your arrest. This is a measure that many states have in place to discourage defendants from fleeing their charges. However, if you are charged in your home state, you are unlikely to run afoul of it by accident. As a resident of that state, you are more likely to be familiar with the laws there. On vacation, you may only have planned to be in the state for a few days.
In this case, it is absolutely crucial that you consult with a criminal defense attorney that is licensed in that state. This should be done as soon as you are arrested, ticketed, or charged. If you wait to get an attorney until after you have concluded your vacation, you may have already inadvertently violated restrictions on travel or other laws. An attorney can go over any unfamiliar local requirements with you. They can also help make arrangements with the court about your travel. That way, you can be sure that you are properly obeying the law.
Another reason to immediately seek aid is that you will need an attorney who has passed the Tennessee bar. This can obviously be very difficult to find back home. Even if you can locate someone in your home state who has been certified to practice law in Tennessee, they will have to travel back to Tennessee, potentially multiple times. This will cost you additional money because your case requires more of their time and resources. Utilizing a local attorney gives you someone who is:
A: The most common crimes against tourists are generally crimes of opportunity. People tend to target tourists for crimes that would be harder to get away with if a person lived there. A tourist is unlikely to be there long enough to collaborate with the police or the local legal system. It is often easier not to recover their possessions or seek justice. Some common crimes that often target tourists occur in two major categories:
A: This depends on the country of origin. You are nearly always subject to the laws of the country that you are visiting. Whether you are also subject to the laws of your homeland when abroad can vary quite a bit. This also depends on which country you are visiting and your country of origin. It is advisable to obey the law regardless. It is also wise not to take chances with how much the authorities do or do not know.
A: Yes. Regardless of the origin of a traveler, visitors to the U.S. are subject to the laws of the U.S. Not all nations have extradition with the U.S. However, after someone returns from abroad, all U.S. laws always apply to people inside the nation’s borders. They will also come into effect for foreign nationals who are visiting the country.
A: It is especially advisable to hire a local attorney immediately upon encountering legal trouble. It is also critical to hire one who is licensed to practice law in that state. You should also refrain from leaving the state while being prosecuted for a crime without first clearing it with the authorities. This can result in additional charges being levied against you and warrants being issued. Even for small misdemeanors, leaving the state without representation can result in a series of additional charges.
If you or someone you are traveling with has run afoul of the law while on vacation, do not hesitate to reach out to us for a consultation. We are happy to help you expeditiously so that you can regain your peace of mind.
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]]>The post What Should Tourists Not Do in Nashville? appeared first on McNally Law - Patrick T. McNally, Attorney at Law.
]]>There are many incredible food venues in Nashville beyond Broadway. Look for local favorites, and watch for lines of customers outside. Many restaurants have outside lines that move quickly, and long lines may indicate that the food will be worth it. Talking with people from the area can give you a great idea of what joints have the best options. Some commonly recommended places include Arnold’s Five Points Pizza, Proper Saké, Josephine, Fat Bottom Brewery, Five Daughters Bakery, Hattie B’s, or Prince’s Hot Chicken.
There are plenty of areas outside of Broadway and downtown that have lovely walkable areas. However, the city’s infrastructure has to catch up to its growth, so a car is likely necessary to get to those areas, and Nashville traffic can be rough. Don’t stay stuck in your vehicle or ride-share, and be sure to explore different parts of Nashville.
Nashville is a more diverse city than many tourists assume. Visitors to the area often show up with an entire Western outfit and Stetson, only to find that the locals aren’t wearing the same. Cowboy outfits are likely to point you out as a tourist, and cowboy boots that haven’t been adequately broken in will be painful after a few hours of walking around the city. If you want to wear cowboy boots in Nashville, don’t let anyone ruin your fun, but be smart about it.
Though there are some beautiful places to stop by on Broadway, Nashville has so much art, history, and cuisine around, and even a sports scene. All this can be found if you venture outside of Broadway. The downtown area will likely give you the country feel you expect from Nashville. It’s a great place to check out the nightlife, but there is much more to the city.
It’s a point of pride for Nashville natives not to disturb celebrities in the city. Nashville is home to celebrities such as Chris Stapleton, Dolly Parton, Miley Cyrus, Nicole Kidman, Brad Paisley, Steven Tyler, Reese Witherspoon, Blake Shelton, and many more. Celebrities choose Nashville for a reason, and the locals leaving them alone may be one of them. When in Nashville, be polite.
Though everyone wants to have a good time, there are several things you should do to stay safe and vigilant in Nashville. From basic safety such as being careful around traffic while downtown to keeping yourself safe from crime, you want to be sure you are aware of your surroundings. Always lock your car, and know where you’re going and how you’re getting there and back before you leave. Stick with your group, have fun, and look out for each other. Be sure you know local laws so you don’t have to deal with legal charges.
A: Most tourist-walkable areas are full of people and are very safe. However, Nashville’s violent crime rate is above the national average, so it’s essential to learn the safe areas of the city and which locations you should avoid.
Though you may have heard stories about East Nashville, it’s been a thriving and growing place in the last decade and has become much safer. Neighborhoods such as Talbot’s Corner, Glencliff, Heron Walk, and Bordeaux are areas to stay away from due to their high rates of violent crimes and property crimes. There are no tourist destinations in these areas.
A: Nashville has a complex and diverse culture, and if you think you have to fit in by acting southern or country, you will likely stick out. Many people who live in Nashville or are native to Tennessee will recommend that you leave your cowboy boots and hat at home. Though there’s nothing wrong with the cowboy getup, it will likely mark you immediately as a tourist because it’s not the daily outfit of most Nashville natives.
A: Downtown Nashville is a great place to walk around and has some of the most beautiful music museums in America. It’s also a very dog-friendly city, with dog-friendly hotels and several dog parks.
When looking for music entertainment around Nashville, it’s important to realize that the music scene is much more diverse than country music. You can see performances from local musicians of many genres to get the true taste of Nashville culture.
A: If you’re hoping to avoid the crowds, you should not plan a trip to Nashville in June, July, and August. Every establishment is full from Memorial Day to Labor Day, the temperatures are high, and the air is muggy.
In the spring and fall, humidity is lower, days are warm rather than hot, and tourism is lower. In the spring, however, the city can be very wet and rainy.
If you don’t want to see any crowds, winter is your best bet as long as you avoid the holiday season. However, Nashville’s winter can surprise people with freezing temperatures.
Sometimes, partying can go too far when you’re visiting an area, and awful things can happen. If you find yourself facing criminal offense charges while you’re visiting Nashville, it’s essential that you find an attorney who can protect your rights and help you stay informed about your situation. McNally Law has the experience necessary to advocate for you and specializes in tourist criminal defense. This isn’t something you should face alone. Contact our team today.
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]]>The post Does Tourism Bring Crime to Nashville? appeared first on McNally Law - Patrick T. McNally, Attorney at Law.
]]>With extensive tourism, however, some wonder if this influx of tourism to Music City has led to an increased crime rate. Here are some of the facts about how tourism has affected Nashville’s crime scene and how to best avoid being involved with a crime in Nashville.
In 2022, Nashville’s crime rate was three times higher than the national average, marking a trend of many major American cities seeing an increase in violent crimes. Statistics showed that in 2022, there were a total of 35,787 crimes committed in Nashville, with around 22% of those being violent crimes, at 7,978.
Based on the current population of Nashville, these numbers also mean that per 1,000 residents, 52 experienced a general crime, with only around 12 people experiencing a violent crime. While this is certainly above the national average and risks of being a victim of a violent crime in Nashville do exist, the percentage chance of being part of a crime in the city is only around .05%, and being the victim of a violent crime as low as .01%.
Growth in any city can lead to a higher crime rate, but tourism can be a major leading factor in the rise of crime due to the fact tourism tends to raise prices city-wide. As local businesses, shops, and restaurants raise their prices to make the most out of incoming funds and money from tourists, many locals facing these prices can run into their own financial problems. Some, unfortunately, will do whatever they can to make ends meet.
There are countless examples of local criminals also taking advantage of tourists who don’t know a city’s layout or approach a city with naivety. At the end of the day, a tourist who’s looking for fun and not necessarily keeping their own safety in mind while exploring a new city can be an easy mark for a criminal. In Nashville, however, most of the popular tourist destinations are some of the safest locations in the city. If you are a tourist visiting Nashville, you should be much safer in these popular areas than you are in other parts of the city.
Often in major cities, the safest places are tourist destinations because local law is asked to prioritize their presence in these tourist locations, meaning that other parts of a city don’t get the law enforcement assistance they once had. Unfortunately, this can lead to residents dealing with the brunt of the city’s crime scene as tourist destinations become more protected and receive more funds for public safety. And this disparity between a city’s resources can lead to an increased crime rate.
If you are facing criminal offense charges in Nashville, it’s important to hire an attorney to fight for your rights and work to get you the best results possible. McNally Law has years of expertise navigating Tennessee and national criminal laws and will study your case with intricate attention to detail to present your case in the best light.
Our team prides itself on protecting the rights of individuals throughout Nashville. Being charged with a criminal offense can be scary, but with our help, you don’t have to face it alone.
A: Nashville is one of the leading tourist destinations in the American South, boasting an impressive number of honky-tonk bars, country music, and iconic locations such as The Grand Ole Opry. It is also an incredibly popular destination for bachelorette parties, music lovers, foodies, and many others looking to take part in a rich sense of culture and diverse experiences.
A: Like many big cities, Nashville’s crime rate is higher than most in the country, at about three times America’s national average for crime rate. Nashville can be unsafe to live in if you are living in certain parts of town. Meanwhile, Nashville areas like Sylvan Park, Oak Hill, and Green Hills are incredibly safe neighborhoods. Nashville can be a safe city to live in; it just depends on what part of town you live in.
A: While Nashville is a very exciting city, living in Nashville can have its own set of issues. Along with a higher-than-average crime rate, prices city-wide will also be higher than most national averages. Other cons to living in Nashville include a hyper-competitive job market, high levels of traffic, as well as humid seasonal weather, and the risk of tornadoes and other dangerous weather.
A: Nashville has a number of neighborhoods and sections of town that you need to be cautious of while visiting. These areas include Four Corners, Glencliff, Heron Walk, West Meade, Antioch, and Salemtown. Talbot’s Corner deserves extra caution, as this is the neighborhood with the highest crime rate in Nashville.
If you are facing criminal charges, McNally Law is here to help with your case in the Nashville area. Defending individuals for over three decades, our team has worked with a diverse group of clients. We specialize, with impressive understanding, in federal cases that involve weapons, fraud, narcotics, immigration, and more.
Whatever circumstances surround your case, McNally Law is prepared to tirelessly defend your freedom. Our dedication and decades of expertise mean we are the ideal Nashville federal criminal defense team. If you are facing federal criminal charges, contact McNally Law today.
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]]>The post Tax mistakes are not a crime appeared first on McNally Law - Patrick T. McNally, Attorney at Law.
]]>However, you do not need to worry about criminal ramifications if you make a mistake. An error is not the same as a tax crime.
The biggest key is intent. For something to be a criminal action in a tax setting, there has to be an intent to report the taxes improperly and avoiding paying. If you make the same error and pay too little in taxes, but without any intent to deceive, it’s not a crime.
Think of it this way: Your records show that you made $100,000 last year. You report earnings of $50,000 because you want to be in a lower tax bracket. That’s potentially a criminal act. On the other hand, if you misplace some of your paperwork and accidentally leave out $10,000 in earnings, that’s just a mistake. You thought you had everything accounted for, but the process was complex and some of the documents slipped through the cracks.
If you do find yourself facing criminal charges over your taxes, you need help. An attorney with experience in tax evasion defense can guide you.
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]]>The post Is marijuana legal in Tennessee? appeared first on McNally Law - Patrick T. McNally, Attorney at Law.
]]>For instance, the most recent approvals for recreational use came from South Dakota, New Jersey, Montana and Arizona. What was a huge media sensation when it happened in Colorado largely went overlooked this time. It is just becoming normal. Has this type of legalization happened in Tennessee?
It has not. Tennessee still makes the use of recreational marijuana illegal. It does not matter where your home state is or where you purchased the marijuana. If you have it or use it in Tennessee, you’re breaking the law.
Interestingly, Tennessee bans more than just recreational use. Most states allow medical use, and the number that do not is now down to 14 out of 50 after Mississippi and South Dakota just approved it. However, Tennessee still does not have a medical marijuana program, so any and all use is illegal. There are no medical conditions that will help you skirt this law.
Will these changes happen eventually? Perhaps, but it’s clear that Tennessee will be one of the last holdouts. If you get arrested for using marijuana, you could face stiff penalties. Even coming from a different state and claiming you got confused about the laws will not help. You need to understand all the legal defense options you have so that one visit doesn’t ruin your future.
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]]>The post Could a biased juror give you grounds for an appeal? appeared first on McNally Law - Patrick T. McNally, Attorney at Law.
]]>Having a neutral jury is key to a fair outcome in a trial, which is why jury selection processes are so involved. They’re designed to weed out people who hold certain biases that cannot be set aside.
Unfortunately, not everyone who serves on a jury is unbiased. Some people might intentionally misrepresent themselves in order to serve on a jury when they have a personal history or beliefs that influence their decisions. Others may allow themselves to be influenced by what they hear on the news or what other people say to them about the trial.
In order for a jury to make a reasonable decision about whether the evidence supports someone’s guilt or not in a criminal case, they need to set aside their preconceived notions about the people involved and the crime. Those with direct personal ties to the situation and those who have been victims of a similar crime may not be able to stay neutral and reach a rational decision. They might influence the decisions of other members of the jury as well.
If you discover after a criminal conviction that someone on the jury misrepresented their background or personal connection to the case, that discovery could help you file an appeal. Appeals based on jury bias have successfully helped individuals overturn convictions or severe penalties, like the death penalty.
Getting help with an appeal, especially if your defense attorney failed to notice a conflict of interest or bias in a potential juror, can increase your chances of success.
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]]>The post Grounds for relief: A habeas corpus petition appeared first on McNally Law - Patrick T. McNally, Attorney at Law.
]]>A writ of habeas corpus (which means “produce the body”) is essentially an order that requires the authorities to bring a prisoner to court. There, the authorities are then required to show that the prisoner’s detainment is lawful. The judge may also request additional evidence or require witnesses to testify about the situation.
It’s important to understand that a habeas corpus petition doesn’t directly challenge your conviction. It is focused solely on the legality of your confinement and is part of your Constitutional rights under Article I, Section 8.
It’s often used to challenge situations where the condition of confinement amounts to cruel and unusual punishment. For example, prisoners held in extreme isolation without valid reason may use this method to appeal their conditions. Similarly, someone who feels that their sentence was unfairly punitive given the nature of their offense may also use a habeas corpus petition to ask for judicial review.
Habeas corpus petitions are not always successful. When they are, however, they may result in a sentence reduction, a change in the prisoner’s conditions, restoration of certain rights or release.
Habeas corpus petitions are a distinct part of the post-conviction relief process. They are not the same as an appeal but often used in conjunction with other appellate relief measures. For more information about how this may apply to your situation, please continue reviewing our site or contact our office directly.
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