Posted on April 28, 2025 in Civil Rights

Legislators in the Tennessee General Assembly recently (April 21) passed a bill that allows a 25-foot "buffer zone" when citizens approach police officers across the state. Although the bill is similar to those passed in other states, many of those laws have already been struck down due to violations of the First Amendment. Many believe that the bill is less about the safety of police officers and more about making it more difficult for citizens to observe police misconduct.

Proponents of the new bill point to a rash of neo-Nazi activities in downtown Nashville last summer. The bill would criminalize "intentionally approaching within 25 feet" a law enforcement officer who is engaging in his or her duties. The bill adds misdemeanor penalties for trespassing and littering on private property when the intent is intimidation.  

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 Posted on April 08, 2025 in Criminal Defense

A 23-year-old man was recently wounded during an exchange of gunfire with two burglars who were attempting to break into his car outside his home on Smokey Hill Road in Antioch. According to the man’s home security videos, the car burglars arrived at the victim’s home at 4:08 a.m., but after trying to open the locked doors, they left.

Ten minutes later, they were back, more determined to get inside the vehicles. As one of the burglars broke the sunroof of a car and was about to get inside, two brothers from inside the home confronted the burglars, who fired shots at them and fled. Police caution victims of home or auto burglary about confronting suspects in this manner, as they often have weapons.

It can be a serious offense in Tennessee to commit or attempt to commit burglary of a vehicle or home. Speaking to an experienced Knoxville, TN criminal defense attorney can be very beneficial if you are facing burglary charges. There are certain defenses that can be used on your behalf to defend against your charges.  

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 Posted on April 04, 2025 in DUI/DWI/BUI

Last year, during the Memorial Day weekend holiday, six people in East Tennessee were arrested for boating under the influence (BUI), with one boating fatality occurring. Additionally, in Middle Tennessee, five injury accidents occurred on waterways, with five BUI arrests, and two BUI arrests were made in the West Tennessee area.

Tennessee residents enjoy water sports when the weather begins to warm, making boating a popular recreational activity. Unfortunately, some of those who are out enjoying a sunny day may find themselves charged with BUI for operating a boat or watercraft with a BAC of 0.08 percent or higher – the same as for a DUI.

Since the BAC is the same as for driving under the influence, you may wonder whether the penalties are also the same. If you have been charged with BUI in Tennessee, take the charges very seriously and speak to an experienced Farragut, TN BUI attorney as quickly as possible.

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 Posted on March 27, 2025 in Assault

In Tennessee, you have the right to use force to defend yourself and others from an immediate threat. The prosecution is responsible for proving beyond a reasonable doubt that your actions were unjustifiable. If you are facing assault and battery charges because you acted with force in a situation where you felt unsafe or threatened, you need a Knox County, TN defense attorney to help protect your right to self-defense.

What Is Assault and Battery Under Tennessee Law?

Assault and battery were once separate charges, but Tennessee Code 39-13-101 effectively defines both as assault and includes three degrees:

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 Posted on March 18, 2025 in DUI/DWI/BUI

Field sobriety testing is standard procedure during a DUI stop. While failing does give officers probable cause, it does not guarantee a DUI conviction. Other factors come into play, and the potential penalties can vary. If you recently failed a field sobriety test during a DUI traffic stop, a Tennessee criminal defense attorney may be able to help you combat the charges and question the validity of the test results.

Could Something Else Cause Me To Fail Field Sobriety Tests?

Drinking is not the only way to fail a field sobriety test. A full assessment of the circumstances could produce other factors that may have resulted in an unwelcome outcome:

• Your environment: Uneven surfaces, certain weather conditions, and bad lighting can all affect your ability to follow instructions perfectly.

• Health conditions: A physical disability or injury could impact your ability to maintain balance or follow test rules.

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 Posted on March 07, 2025 in Sex Crime Charges

Many college students accused of sexual misconduct find themselves facing disciplinary action from their university, often leading to suspension or expulsion. But being kicked out of school is not the same as being charged with a crime. If you have been accused of sexual assault at the University of Tennessee or another school, you may be wondering whether your case will also lead to criminal charges.

The short answer is that Title IX proceedings and criminal cases are completely separate, but the outcome of one can sometimes affect the other. If you are facing either a school investigation or a criminal investigation—or both—you need to understand your rights and how a Tennessee criminal defense attorney with experience in defending college students can help.

What Is Title IX?

Title IX is a federal law that prohibits sex discrimination in education. Over the years, it has been used to address allegations of sexual assault and harassment on college campuses. Schools are required to investigate claims of sexual misconduct and take action when they believe a student has violated university policies.

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 Posted on February 27, 2025 in Criminal Defense

You went out with your friends, had a few drinks, and now you are facing an underage drinking charge. Maybe you got caught at a University of Tennessee party, or maybe the cops pulled you over with beer in the car. Either way, now you are wondering just how serious underage drinking is. Can you get expelled from college? A permanent record? A call to your parents that you really do not want to make?

You have your whole life in front of you. Starting it off with a criminal record is not optimal, to say the least. If this happens to you, call our Tennessee criminal defense attorney for discreet, nonjudgmental help in figuring out this situation.

What Are the Penalties for Underage Drinking in Tennessee?

Tennessee takes underage drinking seriously. If you are under 21 and caught drinking, you can be charged with Underage Possession or Consumption of Alcohol. This is a Class A misdemeanor, which is the most serious type of misdemeanor in the state. It carries a fine of up to $2,500 in addition to other penalties, like community service or substance counseling. If you used a fake ID to buy alcohol, that is a separate charge. That can lead to additional fines, license suspension, and even more legal trouble.

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 Posted on February 17, 2025 in Assault

If you or someone you know is facing battery charges in Tennessee, you might be feeling overwhelmed and unsure about what happens next. Battery is technically called "assault" in Tennessee and is grouped in with other assaultive crimes. However, acts understood to be battery specifically involve physical contact and are considered serious crimes with consequences that can have a lasting impact on your future.

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 Posted on February 06, 2025 in Criminal Defense

Probation is a second chance for people convicted of a crime to serve their sentence outside of jail or prison. However, probation comes with strict conditions that must be followed. Violating these conditions can have serious consequences, including the possibility of going to jail. If you are accused of violating probation, a Tennessee criminal defense attorney can help you fight the charges and work to keep you out of jail.

How Does Probation Work in Tennessee?

When a court grants probation, it allows a person to serve their sentence under supervision instead of being in jail. The court sets specific rules that must be followed, such as meeting with a probation officer, staying employed, avoiding further legal trouble, and completing community service or treatment programs.

There are two main types of probation in Tennessee: supervised and unsupervised. Supervised probation requires regular check-ins with a probation officer, while unsupervised probation does not. Regardless of the type, failing to follow probation rules can lead to serious legal trouble.

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 Posted on January 30, 2025 in Civil Rights

One of the topics that has caused an enormous amount of both intense conversation and intense disagreement in recent years is that of police brutality. We trust policemen and women to serve and protect, but too often, they harass, abuse, and even kill the very people they are supposed to help. 

When this happens, one of the most common lines of discussion deals with the nature of a police officer’s job and whether a case of alleged police brutality was, in fact, just an extreme manifestation of how difficult it can be for an officer to make split-second decisions in tense, dangerous situations. Who can answer difficult questions about an officer’s conduct when eyewitnesses, forensic evidence, and even video recordings may disagree about what happened? 

This is where expert witnesses come in. Although expert witnesses play an important role in many different areas of law, their role is not always well known when it comes to cases of police misconduct. At The Baker Law Firm, we have William Harmening, a renowned expert in police use-of-force cases, on our team. Learn more about what an expert witness may do in cases of police misconduct and then contact a Tennessee civil rights lawyer if you believe you have been a victim of police violence. 

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