Miranda Warnings

Last Saturday , I was getting ready to go out to celebrate a friend's birthday. While I was waiting to leave , my daughter had on the show "Cops ". I had never seen the show , so I watched a little bit. The person arrested did not follow any decent attorney's advice "Keep Your Mouth Shut". The guy was picked on on a drivers license charge where he didn't show up to court. A search ensued . Dope was found. The poor guy admitted to selling weed. So it went from a misdemeanor charge to a felony charge. If he would have exercised his right to remain silent, he might have avoided the charges. Remember to always assert your right to remain silent. You can't talk your way out of it.For more information visit my website at www.Mckinneylawfirm.com

Righting Wrongs

The great criminal attorney Clarence Darrow once said " As long as the world shall last there will be wrongs , and if no man objected and no man rebelled , those wrongs would last forever." My task from this day forward is to try to right the wrongs committed on our citizens.

Child Sex Crimes

Last Friday , I was in court in Marion County. Jasper is the county seat. I really enjoy cases outside of Nashville. I put some jazz on the CD and really think about the case while driving. The issue on Friday was my motion to sever counts. In child sex cases , the District Attorney usually tries tho add all the charges in one indictment. The theory is where there is smoke there is fire. Rule 14 of the Tennessee rules of criminal procedure sets forth the parameters of when charges can be separated. In most cases , it is critical to file a motion to sever in child sex cases.

What it Takes to be a Great Criminal Lawyer ?

This is the first of a series of posts on what it takes to be a great criminal defense attorney. First , you must have a thorough knowledge of all the traffic laws in Tennessee. I was in Ashland City , Tn. today on a drug case . The probable cause was a lack of a light on the license plate. Once the cop knew where I was going to attack the illegal traffic stop. The officer changed his mind on the reason for the traffic stop to that the license plate was not visible. Now we have a officer who took out the warrant for one reason now he is changing his reason for the illegal traffic stop. Where do you think this case is heading ? So, you have to know the traffic laws backwards and forwards to contest the traffic stop. Better yet carry a copy of the traffic laws to court with you in case they change their mind.

Withholding Evidence in a Criminal Case

Tennessee has certain rules that govern discovery in a criminal case. Rule 16 of The Tennessee Rules of Criminal Procedure limits what the District Attorney has to provide a criminal defense attorney. In a civil case , open discovery is allowed , but when your freedom is at stake it is a different matter. A criminal case from Memphis is currently before the United States Supreme Court on withholding evidence. Justice Souter told The State of Tennessee's attorney " I simply cannot follow your argument because I believe you have just made a statement to me that is utterly irrational". It looks like the The Supreme Court is upset about the withholding of evidence , but if the rules of criminal procedure aren't changed it won't make a difference. Why can't we have full discovery in a criminal case ?

Do You Have A Preliminary Hearing Or Not

I was in Gallatin , Tn today for a hearing on an aggravated robbery case. While I was waiting for the case to be called , I was in a discussion with the Assistant District Attorney . He wanted to be to bind the case over without a hearing. I firmly believe in never waiving the preliminary hearing unless your client gets something in exchange.Today , I learned the eyewitness drank one liter of vodka. The consent search was obtained by the threat of having the homeowners children being placed in Tennessee Department of Children's Services custody. Would I have gotten this information if I waived the hearing. I know some lawyers waive the hearing because they don't want the victims testimony recorded , but you have too much to gain by waiving the hearing. If your attorney asks you to bind your case over to the grand jury , ask him or her why. I learned enough to save my client from prison.

Gun Charges In Nashville , Tennessee

I am a huge Tennessee Titans fan. It's sweet to be going back to the playoffs. Most NFL fans have been following the story out of New York about Plaxico Burress and his weapons charge. As a criminal attorney, there seems to be a whole lot going on that the media hasn't reported. In Tennessee , we have several criminal laws dealing with possession of handguns. It is a criminal offense to possess a firearm where beer or alcohol is consumed. It is also a felony charge to a convicted felon in possession of a firearm. It is also a federal offense as well. I have read that Plaxico stands to lose 20 million dollars if convicted of this gun charge. If your convicted , you just lose your freedom.