Why You Need the Best Sex Crimes Lawyer

Sex crime cases are unique. The law is different both in sentencing and evidence.One example of a not getting the best sex crimes lawyer is a case that was recently decided by the Tennessee Supreme Court. A person accused of Aggravated Sexual Battery was convinced by his attorney to plead guilty and have a sentencing hearing in order to try to get probation. The defendant plead guilty and got 30 years at 100% to serve. It did not go according to the lawyer's plan to get probation.The problem was that Aggravated Sexual Battery is not eligible for probation.The ill advised lawyer did not even know the law when he encouraged his client to plead guilty.Luckily, the court found his lawyer did not provide effective representation and set aside the plea.However, the client sat in jail while during the appeals process.Rule #1 for sex crimes lawyers know the law.

Teacher Sentenced To Years in Sex Case

Sandy Binkley ,a Portland ,Tn school teacher ,was sentenced today to 12 years to serve in the Tennessee State prison today.She was convicted by a Sumner County jury in September of this year. She was convicted on two counts of statutory rape by an authority figure.She was alleged to have had sexual relations with some of her students. Judge Gay sentenced Ms.Binkley to the maximum sentence and ran the sentences consecutive to one another. Those counts appear to be not eligible for alternative sentencing. For more information on sex crimes visit our website www.McKinneylawfirm.com

Dress Code For The Criminal Courts in Nashville,Tennessee

I still believe in dress for success especially if you have been charged with a crime. If you dress like a drug dealer expect the judge or District Attorney to treat you one as well.With that said , I would like to provide some information on the dress code proposed by the Nashville Criminal Courts and General Sessions Courts of Davidson County. The Judges have adopted a dress code for individuals appearing in the courtrooms of the A.A. Birch Building.One may not enter a courtroom wearing halter tops,T-Tops,tank tops or see through tops.No exposed midriffs.No shorts.No exposed underwear or sagging pants.If you are dressed inappropriately your case will not be heard until you return with the proper clothing. This is the code imposed by the court.I will give you my dress tips in a later post.

When Criminal Judges Become Prosecuters

Today, I witnessed a routine problem that I see developing in some courts. The judges are becoming impartial and instead of calling balls and strikes they are throwing the pitches. A defendant was representing himself and agreed to a plea with the District Attorney.The judge modified the plea to thirty days in jail and ordered the poor guy to jail. He was employed and a first time offender.The lesson is never go to court in Sumner County ,Tennessee without a criminal defense attorney. A simple theft case results in a thirty day jail sentence.

Murfreesboro Domestic Violence Procedure

I was in court today in Murfreesboro , Tennessee on a domestic violence case. The procedure in The Rutherford County General Sessions is one of the strangest I have ever seen in my practice. First , you can't get a hearing or talk to the District Attorney until the alleged victim has spoken to a domestic violence coordinator.Then , the District attorney then speaks with the alleged victim and then discussion with the defense attorney.It turns into a all day process. Guess who funds the domestic violence coordinators ? All those who plead guilty in Rutherford County pay $45.00 in court costs to fund these positions. Does anybody think this is right ?

Sex Offender Probation Violations

This week I tried two sex offense probation cases with different results. The critical issue in both cases is what is incidental contact with a minor child. Rule 9 of the special rules of sex offender probation does not define incidental contact with a minor child. according to two probation officers incidental contact is contact with a minor for over 3 seconds. In one case it was a phone call. In the second case the contact was a Kroger's. The bottom line is it is impossible to comply with the terms of probation. Also, some judges don't care about getting defendants treatment because it is easy to violate someone. I hope to post more thoughts on how to survive sex offender treatment in the future.

Marijuana May Soon Fix Budget Crisis

After years of defending marijuana charges and drug charges in Nashville and around Middle Tennessee , I may have to look for a new job. A California lawmaker propose new laws to allow the state to sell marijuana to cure the state's budget crisis. Pot is believed to be California's biggest cash crop. Why let the drug dealers make all the profit and let it fund the budget deficit. In addition to revenue , the lawmaker proposes it will also cut down on teen drug use , cut police costs,and even help environmental concerns. The anti-drug folks are up in smoke(small joke) about collecting any money from the sale of weed while marijuana remains illegal under federal law.

DNA Case Before The Supreme Court

Today , The U.S. Supreme Court heard arguments about DNA evidence and a rape case settled long ago. The issue is whether a defendant can obtain DNA evidence long after the case was tried. The defendant was convicted for rape years ago. The jury heard evidence from the victim identifying the suspect and DNA evidence which was not as accurate as it is today. The defendant wants to test the DNA under the new technology . However, Alaska refuses to allow him to test the DNA evidence. Thirty-one other states have joined in to support the State of Alaska's position. Interestingly, several victim's rights groups have weighed in support of additionally DNA testing. I heard an interview on NPR this morning that one rape victim who made a positive identification that resulted in a conviction which was later set aside by DNA evidence supported the defendant's request. The argument she made was the victim should know as well. I predict the Supreme court denies his request bases upon the passage of time.

Federal Gun Charges and Domestic Violence

The U.S. Supreme Court upheld a federal gun control law that made it illegal for those that have been convicted of any domestic violence charge to own or possess a gun or firearm. Justice Ginsberg wrote " Firearms and domestic strife are potentially deadly combination nationwide". Tuesday's ruling clarifies an ambiguity in the law of what the definition of what was a domestic violence offense. In the ruling The court held that the gun ban applies to all offenses as long as it can be shown that there was a domestic relationship between the defendant and the victim. A violation of this gun law triggers a significant jail sentence. The best way to avoid this is to fight the domestic violence charge in the state court level. For more information on domestic violence charges visit our website www.Mckinneylawfirm.com

Trial Preperation in a Criminal Trial

I just signed up for a class sponsored by the National College of Criminal Defense. The class is on Theories and Themes in a criminal trial. One of the key components of my case strategy is to have a theme of the case. I want to introduce the theme of the case early and often. I want the jury to understand the theme and let the facts that come out at trial to weave a story. A great trial story and theme presents a great defense.

Punishment in Child Sex Cases

In child sex abuse cases , the punishment is severe if you are convicted. One issue is consecutive sentencing. If one is convicted of more than one child sex charge , the court may impose consecutive sentences. Consecutive sentences is where one serves one sentence after the other. Tennessee Code Annotated section 40-35-115(5) provides the court under which circumstances that consecutive sentences may apply. One key factor is the extent of residual , physical , and mental damage to the victim.

Jury Selection in a Criminal Case

The first stage of a criminal jury trial is that of jury selection or voir dire. The basic idea is that an attorney can ask questions to determine whether the potential juror can be fair and unbiased. Jury selection is one of my favorite areas of the criminal trial process. I love studying the concepts and psychology of the jury selection process. I have given numerous lectures on the area of jury selection to the Barristers in December 2008 and to the Tennessee Association of Criminal Defense Lawyers. I am studying whether authoritarianism is an indicator of juror bias.

I Wonder Why ?

Today , I was in Columbia , Tn. on a sex offender probation violation case. I was stunned what the judge was doing on some cases. If a person was applying for an appointed attorney , she would require them to pay $7500.00 in attorney's fees at the rate of $50.00 per week. It is ironic that an appointed attorney is capped in the attorney fees of what they can charge the State of Tennessee. The amount ordered buy the judge exceeds the cap. Go figure.

Capital Punishment in Memphis

Gary Cone's murder case traveled from the trial courts of Memphis all the way to the halls of the U.S. Supreme Court.The case hinges on whether the Shelby County District Attorney's Office withheld evidence from a an attorney in a capital murder case. The Memphis Commerical Appeal has written an editorial advocating a policy of recording all custodial interrogations with murder suspects , creating protocols for case selection criteria of death penalty cases , and ensuring that all lawyers who represent those accused of capital murder cases have adequate legal counsel and that they are compensated fairly. My father had a saying that "Those that have the capital don't get the punishment." I guess my Dad is still right about that one.

Detention Hearings in Federal Court

I like to post helpful information on this blog for those who have been accused of a crime. I usually post about an event that happened that day. I hope to write more substantive in the future. Until then , we will discuss detention hearings in federal court. When one is charged for a Federal crime , a detention hearing will be held to determine if a citizen accused of a crime shall be released from custody pending trial. There are two reasons for detention . first , the Government may allege that the accused is dangerous. Secondly, the Government may allege that the accused may flee.

Sex Offender Probation

It appears that sex offender probation officers are looking for anything in which to violate those that are on sex offender probation. Here are a couple of tips while you are on probation. One, document everything with your probation officer. Two , ask your treatment provider to sign a statement of treatment privilege even if you are in group therapy. Third, Do not have any contact with children even at a store or public place.

Traffic Stops and Passengers

In Brendlin v. California , The United States Supreme Court ruled that when an officer makes a traffic stop , passengers in the vehicle are seized for Fourth Amendment purposes and therefore have standing to challenge the stop. In the opinion written by Justice Souter , the Court found that a generic traffic stop " necessarily curtails the travel a passenger has chosen as much as it halts the driver."Further " the police activity that normally amounts to intrusion on privacy and personal; security does not normally distinguish between passenger and driver."

False Reports

In Tennessee , it is against the law to make a false report to police officers pursuant to Tennessee Code Annotated 39-16-502. I was researching the False Report Statute and I found an interesting case to help my client. In State of Tennessee v. Levandowski , report applies to a written or oral statement initiated by a person , the term does not apply to a person's response to an inquiry by a law enforcement officer. So anything you tell a police officer in response to his questions is not covered under the false report law.

Million Dollar Advice To Those Accused of a Crime

Before speaking to police , talk to a lawyer first. I don't know how many times in my career as a criminal defense attorney that I see those accused of a crime that speak to police without advice from an attorney. One perfect example is a murder case here in Nashville ,Tn where there was no evidence linking the defendant to the crime. He spoke to the police officers where he confessed. He spent several years in jail until the Tennessee Supreme court threw out his confession and released him from prison. The case is State of Tennessee vs. Dailey. I will discuss the opinion this week on confessions and Miranda warnings.

Patonizing Prostitution In Nashville

The Metro Nashville Davidson County Police Department has set up shop again in doing prostitution stings. The Nashville Police post ads on Craigslist and the Nashville Scene Backpages classifieds in hopes of luring someone to a hotel. Patronizing prostitution is a class B misdemeanor in Tennessee. Usually a criminal citation is issued in lieu of a warrant.

New Case From the U.S. Supreme Court

The United States Supreme Court issued another boneheaded opinion on illegal searches. Even though the police acted on an invalid arrest warrant , the evidence gathered as a result of an illegal search and seizure is admissible if the police reasonably believed the warrant was valid and the error was a clerical mistake. Soon the United States Supreme Court will do away with the exclusionary rule. God protect us from unreasonable search and seizures because the courts won't anymore.

The Travels of a Criminal Lawyer

Yesterday was much like many of my days as a criminal defense lawyer. I had court in Nashville , Franklin , Tn , and at 1:00 in Smyrna General Sessions . Smyrna was where the sweetest victory of the day. My client was charged with three aggravated assaults . There was an issue of a speedy trial violation and identification. Case retired. One of the added perks of going to different counties is eating lunch close to the courthouse. My restaurant review from Franklin , Tn is Puckett's Grocery right across from the Williamson County Courthouse. Best lunch in town with a great meat and three.

Tampering With Evidence

Evidence tampering is a crime in Tennessee.It occurs when a person alters , destroys , or conceals any record , document , or thing with intent to impair it's verity , legibility , or availability of evidence. Mere abandonment of evidence is not the type of conduct that the evidence tampering statute was enacted to address. In State of Tennessee v. Patton , the Tennessee Court of Appeals held that throwing away a bag of marijuana during the course of flight from police does not rise to the level of evidence tampering.

New Sex Offender Reporting Law Takes effect

On January , 2009 , A new sex offender reporting law goes into effect. The Federal government mandated that the State of Tennessee must mirror the Adam Walsh Act. I understand the public's need to identify sex offenders and the purpose of the sex offender registry . However , the reporting standards get harsher every year. the main problem I have is at the plea process. A criminal defendant is not told about the reporting standards may be changed on a yearly basis. You plead to a crime one day under an understanding of what you have to do , then years later the rules are changed. It just isn't right.