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From One Branch to Another: What Happens When State Charges Turn Federal in Tennessee
Introduction In Tennessee, most criminal cases begin in state court. Local police make the arrest, county prosecutors file the charges, and defendants prepare to deal with the case under Tennessee...
What Happens If a Teen Is Caught With Drugs at School?
When a student is caught with drugs at school in Tennessee, the fallout can be overwhelming for families. It’s not just a matter of breaking a school rule. An incident like this can quickly spiral...
Vehicular Manslaughter DUI in Tennessee: Can You Be Charged Without a Prior Record?
Why Vehicular Manslaughter DUI Charges Matter in Tennessee Most people assume that a first offense will bring leniency. In Tennessee, that assumption does not apply when impaired driving leads to a...
How Federal Probation Violations Differ from State Supervision in Tennessee
Probation is often viewed as a second chance, an opportunity to serve a sentence in the community instead of behind bars. But in Tennessee, the meaning of probation and the consequences of violating...
What Tennessee Truckers Should Know After Florida’s Fatal U-Turn Crash: CDL, Language Proficiency, and Liability
A recent fatal U-turn crash in Florida involving a tractor-trailer raised urgent questions for truck drivers across the Southeast. Tennessee commercial drivers who cross state lines want to know...
What Happens If I Ignore a Traffic Ticket in Tennessee?
A traffic ticket may look small at first glance, but in Tennessee, ignoring it creates serious problems. When you fail to pay the fine or skip your court date, the court does not forget. Instead,...
DUI with a Child in the Car: Why the Penalties Are Now Even Tougher in Tennessee
In Tennessee, the penalties for driving under the influence (DUI) have always been severe. But in 2025, the consequences become even more dire—especially if there’s a child in the car. These new...
Criminal Responsibility in Tennessee: What the Law Says
Most people assume that only those who personally commit a crime can be convicted. If someone robs a store, then the robber should face charges—end of story. But Tennessee law makes it more...
How Much Are DUI Reinstatement Fees in Tennessee?
Introduction: Facing Driving Under the Influence Reinstatement Costs in Tennessee For many people in Tennessee, the hardest part of a DUI conviction comes after the court hearing. The fine from the...
Mental Health Court in Tennessee
The criminal justice system often struggles when it comes to defendants with serious mental illness. Many people in Tennessee with mental health issues go in and out of jails. They do not get the...
How Long Can Police Hold You Without Charges in Tennessee?
Introduction: Why This Question Matters Being arrested in Tennessee—or even held in jail overnight—without clear charges creates confusion, fear, and frustration. Many people ask: How long can...
Facing a First-Time DUI with Property Damage in Tennessee?
Facing a First-Time DUI with Property Damage in Tennessee? Understanding the Added Consequences of DUI-Related Property Damage Getting charged with driving under the influence is a stressful and...
Can You Change Lawyers Mid-Case in Tennessee?
The attorney you choose in a criminal case shapes every decision, argument, and outcome that follows. When the attorney-client relationship breaks down, continuing without change can be risky. In...
Was It a Medical Episode—Or DUI? What to Do If Police Misread Your Symptoms
Imagine your world turning upside down on an ordinary drive home. You suddenly feel dizzy, confused, and shaky—maybe your vision blurs or your heart races. Before you know it, red and blue lights...
0.14 or 0.15? Why Just a Few Points on Your DUI Test Could Change Everything in Tennessee
In Tennessee, the line between a routine DUI and a life-altering felony just got a little thinner. With the latest changes in state law, a breath or blood test reading of 0.15%—barely above the old...
A Game-Changing 0.15 % BAC Threshold Arrives in Tennessee Felony DUI Law (Effective July 1 2025)
Tennessee’s new 0.15 percent BAC benchmark for aggravated vehicular assault and aggravated vehicular homicide took effect on July 1, 2025. A driver who registers 0.15 percent—five points lower than...
Oral-Fluid DUI Tests Arrive in Tennessee: How the New ‘Spit Test’ Could Change Traffic Stops
Introduction: a quick swab that rewrites DUI stops in Tennessee On May 5, 2025 Tennessee troopers gained a new tool: a one-minute roadside saliva screen that can flag THC, fentanyl, and scores of...
Tennessee’s 2025 Law: Machine Gun Possession Now a Class C Felony
Introduction Recent changes in Tennessee gun laws significantly impact firearm ownership, specifically regarding machine guns. Effective in 2025, the possession of a machine gun has been...
Ticketed While Visiting Tennessee? What Drivers Need to Know
Smart speakers have become an integral part of everyday life. Devices like Amazon Echo, Google Nest, and Apple HomePod now control thermostats, play music, answer questions, and even lock doors. But...
What to Do If Your Loved One with Autism Is Pulled Over of DUI in Tennessee
Smart speakers have become an integral part of everyday life. Devices like Amazon Echo, Google Nest, and Apple HomePod now control thermostats, play music, answer questions, and even lock doors. But...
Is It Legal for Police to Fly a Drone Over Your Backyard Without a Warrant in Tennessee?
Smart speakers have become an integral part of everyday life. Devices like Amazon Echo, Google Nest, and Apple HomePod now control thermostats, play music, answer questions, and even lock doors. But...
Can You Be Charged for What Your Smart Home Device Hears? Tennessee Law and IoT Evidence
Smart speakers have become an integral part of everyday life. Devices like Amazon Echo, Google Nest, and Apple HomePod now control thermostats, play music, answer questions, and even lock doors. But...
What Happens If You Refuse to Unlock Your Phone for Police in Tennessee?
In today’s digital age, your smartphone holds a deeply personal archive—photos, messages, apps, location history, and even your heartbeat. So, what happens if police ask for access to your phone...
Can Snapchat Messages or TikTok Comments Be Used Against a Teen in Court?
It may feel like what happens on social media stays on social media. But for teens caught in legal trouble, that couldn’t be further from the truth. As law enforcement adapts to the digital age,...
Arrested for DUI After Sleeping in a Car: A Real 2025 Tennessee Case and What It Means for You
On a cool September night in 2023 a North Knox County resident parked his Toyota Tundra, leaned the driver’s seat back, and shut his eyes. Eighteen months later—on April 16, 2025—a jury needed just...
What Tennessee Parents Must Do Within 24 Hours After Their Child’s Arrest
Receiving the news that your child has been arrested is a deeply distressing experience. Panic, confusion, and fear often dominate initial reactions. However, the actions parents take in the first...
Can a Passenger Be Charged for an Open Container in Tennessee?
You're headed out with friends, maybe to a cabin or concert. Someone cracks open a beer in the backseat, thinking it’s no big deal. After all, they’re not driving. But in Tennessee, that could be a...
How Search Warrants for Age of Consent Cases Are Issued in Tennessee—And What They Can Access
When allegations of violating Tennessee's age of consent laws arise, investigations can quickly escalate. One powerful tool used by law enforcement in these cases is the search warrant....
What If Both Parties Lied About Their Age?
What If Both Parties Lied About Their Age? The Double-Victim Problem in Tennessee Consent Law Understanding Tennessee’s Age of Consent Law and Its Exceptions What happens when two teenagers both...
Cited for Alcohol at a Tennessee Rest Stop?
Cited for Alcohol at a Tennessee Rest Stop? Here’s What Drivers Need to Know Many travelers stop at rest areas across Tennessee to nap, eat, or stretch their legs—but what if you have alcohol in...
Forensic Phone Analysis in Consent Defense
Understanding the Role of Forensic Phone Analysis in Age of Consent Defense Cases In an era where smartphones are central to how people communicate, courts are increasingly turning to forensic phone...
TikTok and Federal Sex Crime Charges: Teen Clout Gone Too Far
The TikTok Trap: How Teens Are Getting Caught in Federal Sex Crime Charges for Online ‘Clout’ Content Viral Fame Meets Criminal Law TikTok thrives on sensationalism, with teens regularly pushing...
Filing Deadline for Federal Criminal Appeals
How Long Do You Have to File a Criminal Appeal in Federal Court? When a federal criminal conviction is handed down, the clock starts ticking for the defendant. The right to appeal is one of the most...
Smartwatch Data in DUI Cases: Legal Risks in 2025
Your Smartwatch Could Be Used Against You in a DUI Case: Wearable Tech and Digital Evidence in 2025 The Problem: Your Wrist Might Be a Witness When most people think about evidence in a DUI case,...
WWE Star’s Arrest Highlights Cryptocurrency’s Role
Former WWE Star's Arrest Highlights Cryptocurrency's Role in Criminal Investigations The recent arrest of Michael Droese, once known in the WWE ring as Duke "The Dumpster" Droese, has sent...
Post-Conviction Justice Reform in Tennessee
Post-Conviction Justice Reform in Tennessee: Who May Reopen Guilty Pleas Under the 2025 Law? The lifelong ramifications of a criminal conviction—particularly one entered through a guilty plea—can...
Tennessee’s 2025 Human Smuggling Law and Its Implications
Understanding Tennessee’s 2025 Human Smuggling Law and Its Implications In 2025, Tennessee enacted a new criminal statute aimed at combating what lawmakers describe as “organized human smuggling.”...
New Misdemeanor Offenses Targeting Hate Crimes in Tennessee(2025)
New Misdemeanor Offenses Targeting Hate Crimes in Tennessee (2025) In 2025, Tennessee introduced a significant update to its criminal laws: the creation of new misdemeanor offenses specifically...
GPS-Enabled Ignition Interlock: What Drivers Should Know
GPS-Enabled Ignition Interlock: What Drivers Should Know (2025 Law Update) In 2025, Tennessee introduced a significant update to its ignition interlock requirements for DUI offenders: mandatory...
What Happens If You Violate Bond Conditions in a Criminal Case?
When someone is released on bond (also known as bail) after being charged with a crime, they are essentially given a second chance—a chance to await trial outside of jail. But this freedom comes...
Death Penalty for Child Rape: What Tennessee’s 2025 Law Means
Death Penalty for Child Rape: What Tennessee’s 2025 Law Means for Defendants Tennessee’s criminal justice system is undergoing a seismic shift in 2025. A newly enacted law now permits the death...
Can a 16-Year-Old Be Sentenced to Life in Tennessee?
Can a 16-Year-Old Be Sentenced to Life in Tennessee? What the New 2025 Law Means When a minor commits a serious crime, the consequences can be life-altering—not just for the victim, but for the...
Self-Defense in Tennessee: When Can It Be Used in Violent Crime?
Understanding Tennessee’s Legal Definition of Self-Defense When a confrontation escalates to violence, your actions can be the difference between freedom and a felony conviction. In Tennessee,...
What Are the Penalties for Reckless Driving in Tennessee?
Reckless driving isn’t just a traffic ticket—it’s a criminal offense in Tennessee. For many drivers, that fact alone comes as a surprise. But what’s more alarming is how fast a moment of poor...
Janie Varnell Appointed as Future Hamilton County Attorney
Congratulations on Your New Role with Hamilton County We are proud to share that Janie Varnell, a longtime member of our team at Davis & Hoss, has been appointed as special counsel to Hamilton...
A Parent’s Guide to Tennessee’s Age of Consent Law
The Talk You Didn’t Know You Needed: A Parent’s Guide to Tennessee’s Age of Consent Law Parents already have to navigate the teenage years balancing issues such as curfews, social media, peer...
Arrested for DUI as a First-Time Offender: What Are Your Options?
Getting arrested for a first-time DUI can be overwhelming. You may not know what to expect, what your rights are, or how the incident will impact your future. Whether it happened during a routine...
How to Defend Against Drug Possession Charges in Tennessee
Drug possession charges in Tennessee carry serious consequences, including jail time, fines, and a criminal record that can impact your future. Whether you were caught with a small amount of...
Fight False Allegations in Criminal Cases: A Complete Legal Guide
How to Fight False Allegations in Criminal Cases: A Complete Legal Guide False allegations in criminal cases can have devastating consequences. Whether it's an accusation of fraud, assault, or...
Know Your Legal Rights: What to Do When Questioned by Police
Introduction: Why Understanding Your Rights Matters Every year, thousands of individuals are questioned by law enforcement, yet many are unaware of their legal rights. A sizable portion of the more...
Common Social Media Mistakes That Destroy Criminal Defenses
The Most Common Social Media Mistakes That Destroy Criminal Defenses In today’s digital world, social media plays a significant role in people’s daily lives. Platforms like Facebook, Instagram,...
The Dark Web and Its Role in Modern Criminal Activities
Introduction The dark web, a concealed part of the internet that is not indexed by traditional search engines, has garnered significant attention for its association with illicit activities. While...
How Facial Recognition Technology Is Changing Investigations
How Facial Recognition Technology Is Changing Criminal Investigations (and Why It’s Controversial) Facial recognition technology (FRT) has emerged as a powerful tool in modern criminal...
Finding a Lawyer in 60 Minutes: What to Do If You’re Arrested
Finding a Lawyer in 60 Minutes: What to Do If You’re Arrested Tonight Getting arrested is an overwhelming and stressful experience, especially if it happens unexpectedly. In the U.S., over 10.5...
DUI Under 21: How to Fight the Charges and Protect Your Future
Understanding Underage DUI Laws Driving under the influence (DUI) is a serious offense, and for individuals under 21, the legal consequences can be even more severe. Many states enforce a "zero...
Steps for Obtaining Restraining Orders and Personal Safety
Navigating the Legal System: Steps for Obtaining Restraining Orders and Ensuring Personal Safety When personal safety is at risk due to threats, harassment, or violence, obtaining a restraining...
Can You Go to Jail for Threats? Defense Attorney Explains
Understanding Criminal Threats and Their Legal Consequences Threats are taken seriously under the law, and in many cases, making a threat—whether verbal, written, or electronic—can result in...
Self-Driving Cars and DUI: Where Tennessee Stands in 2025
At Davis & Hoss, PC, we understand that advancements in automotive technology bring both opportunities and challenges. As self-driving and semi-autonomous vehicles become more common, questions...
State vs. Federal Criminal Charges: Key Differences Need to Know
Understanding State vs. Federal Criminal Charges Facing criminal charges can be overwhelming, but knowing whether your case falls under state or federal jurisdiction is crucial. Each system follows...
Navigating the Complexities of Federal Charges: A Complete Guide
Facing federal criminal charges can be one of the most stressful and overwhelming experiences of your life. Unlike state-level offenses, federal crimes involve violations of U.S. federal laws and...
The Importance of Early Legal Intervention in Criminal Cases
When faced with an arrest, the decisions you make immediately afterward can significantly impact the outcome of your case. This critical period is where early legal intervention plays a vital role....
Why Confidentiality Matters with Your Defense Attorney
Have you ever wondered what could happen if sensitive details about your legal case fell into the wrong hands? The stakes are high when facing criminal charges, and the relationship you build with...
Dealing with Domestic Violence Accusations: Key Steps
Being accused of domestic violence can feel overwhelming. Such accusations carry significant consequences, including potential legal penalties, impacts on personal relationships, and damage to your...
How to Handle a DUI Charge in Chattanooga: Expert Tips
Facing a DUI charge can lead to consequences that extend beyond legal challenges, affecting critical aspects of your daily life, such as auto insurance. A DUI conviction often results in being...
DUI Impact on Auto Insurance Rates
Facing a DUI charge can lead to consequences that extend beyond legal challenges, affecting critical aspects of your daily life, such as auto insurance. A DUI conviction often results in being...
How to Handle Federal Fraud Allegations
Facing federal fraud allegations is a daunting experience. These charges carry severe consequences, including hefty fines and lengthy prison sentences. Understanding the nature of federal fraud and...
What Happens During a Federal Criminal Trial: Key Insights and Tips
Facing a federal criminal trial can be overwhelming, especially when the stakes are high. The legal procedures involved are often intricate, and understanding what to expect at each stage can help...
Tennessee DUI Laws Explained: Consequences and Legal Steps
Facing a DUI charge in Tennessee can be overwhelming, especially for first-time offenders. The complexities of DUI laws and the fear of potential consequences often leave individuals uncertain about...
Why Hiring a DUI Lawyer Quickly Can Protect Your Future
A DUI charge can be an overwhelming experience, with potential consequences that extend beyond fines and legal penalties. These charges may lead to license suspension, increased insurance rates, and...
How Federal Drug Charges Are Different
Drug-related offenses in the United States are prosecuted at both state and federal levels, but federal charges often carry more severe consequences. Understanding these differences is vital for...
How Federal Charges Differ from State Charges
Facing criminal charges can be overwhelming, especially when you’re not sure if the charges are federal or state. The type of charge not only affects how your case will be handled but also what...
How to Find the Best DUI Lawyer for Your Case
Facing a DUI charge is a daunting experience, and finding the best DUI lawyer is crucial to navigating this challenging time. A skilled DUI attorney can significantly influence the outcome of your...
What Happens If You Get a DUI in Tennessee?
Getting a DUI in Tennessee can be a frightening and overwhelming experience. The moment you are arrested, the legal system starts to take action, and it’s crucial to understand the processes and...
Effective Legal Strategies for Domestic Violence Defense
Facing domestic violence charges can be a deeply emotional and challenging experience. The legal consequences are severe, with potential penalties including restraining orders, loss of custody...
Defending Against Federal Drug Charges: What You Need to Know
Facing federal drug charges is a serious and stressful situation. The penalties can be severe, including long prison sentences and hefty fines. It's crucial to understand the charges against you and...
Tips for Fighting a DUI Charge in Court
Facing a DUI charge can be overwhelming and stressful. But knowing how to fight the charges gives you a better chance at a favorable outcome. The legal process might seem confusing, but with the...
Understanding Your Rights in a DUI Stop
Being pulled over for a DUI (Driving Under the Influence) can be an overwhelming and stressful experience. However, knowing and understanding your legal rights during such a stop is crucial to...
Common Defenses in Federal Criminal Cases
Facing federal criminal charges can be one of the most challenging and stressful experiences in life. Federal crimes are serious, and the penalties can be severe, including long prison sentences and...
How A DUI Conviction Can Impact Your Life
Facing a DUI conviction can change your life in many ways. It's not just about paying a fine or spending time in jail. The consequences can ripple through different aspects of your life, creating...
Do You Need a Federal Criminal Defense Lawyer?
Being accused of a federal crime is a serious matter. Federal crimes are handled much differently than state crimes. The penalties can be harsh. If you don't have the right legal help, it can really...
Do’s and Don’ts After a DUI Arrest
Getting arrested for a DUI can be one of the most stressful times in your life. You might feel scared, angry, or confused. It's important to know the right steps to take immediately after your...
Know Your Rights in a Federal Criminal Investigation
Facing a federal criminal investigation can be overwhelming. The stakes are high, and the process can be confusing. Knowing your rights is crucial. It helps protect you and ensures that you are...
Steps to Take When Charged with a DUI
Getting charged with a DUI can be overwhelming. The experience of being pulled over, tested, and charged leaves many unsure about what to do next. Taking the right steps immediately and...
Avoid Mistakes When Facing Federal Charges
Facing federal charges can be one of the most stressful times in your life. The stakes are incredibly high, and even small mistakes can have serious consequences. Understanding what actions to avoid...
Penalties for DUI Offenses in Tennessee
Getting charged with a DUI in Tennessee comes with serious consequences. Understanding these penalties can help you know what to expect and how to prepare. Tennessee has strict laws to deter...
Top Federal Criminal Defense Strategies
Facing federal criminal charges can be intimidating and overwhelming. The federal legal system is complex, with serious consequences for those who don’t navigate it properly. Knowing the right...
Steps to Take After a DUI Arrest
Getting arrested for a DUI can be a scary and confusing experience, but knowing what steps to take next can make a big difference. It’s important to understand your rights and what you should say or...
Steps to Take If Charged with a Federal Offense
Finding out you are charged with a federal offense is a serious and stressful situation. The stakes are high, and the legal process can be overwhelming. Acting quickly and wisely is essential to...
Common Mistakes to Avoid During a DUI Arrest
Getting arrested for a DUI can be a very scary experience. You might feel confused and unsure about what to do. It’s important to stay calm and make smart choices to protect yourself. Making the...
What to Expect When Arrested for a Federal Crime
Being arrested for a federal crime can be a frightening experience. The federal legal system is complex, and the stakes are high. Knowing what to expect can help you stay calm and make smarter...
The Role of Evidence in Federal Criminal Cases
Evidence plays a critical role in federal criminal cases. Whether you're facing charges or planning your defense, understanding the different types of evidence and how it can impact your case is...
What to Expect During a DUI Court Case
Facing a DUI charge can feel overwhelming, especially if it’s your first encounter with the court system. Knowing what to expect during a DUI court case can help ease some of the anxiety and...
Understanding DUI Charges and Penalties
Facing a DUI charge can be a confusing and stressful experience. It’s important to understand what a DUI charge entails and the potential penalties. A DUI, or Driving Under the Influence, occurs...
How Federal Sentencing Works: A Simple Breakdown
Facing a federal criminal charge is a daunting experience, and understanding how sentencing works can be confusing. Federal sentencing is different from state sentencing and follows a specific set...
How a DUI Conviction Can Affect Your Life
A DUI conviction is a serious matter that can have far-reaching effects on various aspects of your life. It’s not just about facing legal penalties; the consequences can spill over into your...
Defending Against Federal Fraud Accusations
Facing federal fraud accusations can be a daunting experience. These charges carry serious consequences, including hefty fines and lengthy prison sentences. Understanding the nature of the...
DUI Defense Strategies That Work
Facing a DUI charge can be a stressful and confusing experience. Understanding the strategies that can be used in your defense is crucial for navigating the legal system effectively. Knowing your...
What Happens During a Federal Investigation
A federal investigation can be a daunting experience. It's important to understand the process and know your rights. The stakes are high, and being informed can help you make better decisions. From...
The Importance of Hiring a DUI Lawyer
Getting charged with a DUI can be a frightening experience. The legal consequences are serious, and understanding what to do next is crucial. Hiring a DUI lawyer can make a significant difference in...
Federal Drug Offenses and Penalties Explained
Facing federal drug charges is very serious and can be scary. These charges carry heavy penalties that can include long prison sentences and large fines. The federal government takes drug offenses...
Common DUI Mistakes to Avoid
Getting arrested for a DUI is a serious matter that can lead to grave consequences. Knowing what mistakes to avoid after your arrest is crucial for ensuring the best possible outcome in your case....
Know Your Rights in Federal Criminal Cases
Facing federal criminal charges can be incredibly intimidating. It’s crucial to understand your rights to protect yourself. One of the most important rights is the right to remain silent to avoid...
Impact of Field Sobriety Tests on DUI Cases
Field sobriety tests are often a critical part of DUI arrests. These tests are used by law enforcement to assess whether a driver is impaired by alcohol or drugs. Understanding how these tests...
How to Prepare for a Federal Court Trial
Facing a federal court trial can be intimidating and overwhelming. But being well-prepared can make a big difference in the outcome of your case. It's important to understand the court process,...
How to Prepare for a Meeting with Your DUI Lawyer
Facing a DUI charge can be a stressful and confusing experience, but preparing for your meeting with a DUI lawyer can greatly ease that burden. Knowing what to expect and what information to bring...
The Role of Evidence in Federal Criminal Cases
Facing a federal criminal charge can be overwhelming. One of the most important aspects to understand is how evidence works in these cases. Evidence is crucial in determining the outcome and can...
BAC Testing in Tennessee DUI Cases: the Process and Your Rights
Facing a DUI (driving under the influence) arrest can be an overwhelming and confusing experience. One crucial aspect of a DUI case is the Blood Alcohol Content (BAC) test administered to determine...
The Importance of Legal Representation in Federal Fraud Cases
Facing federal fraud charges can be an intimidating experience filled with many uncertainties. These charges can have serious consequences, including heavy fines and long-term imprisonment. It's...
Important Changes to Tennessee DUI Laws: What You Need to Know
At Davis & Hoss, PC, we're committed to keeping our clients informed about significant legal developments that may affect them. Recent changes to Tennessee's DUI laws are set to have a...
How a DUI Charge Affects Your Employment: Understanding the Risks and Your Rights
A DUI charge can have far-reaching consequences in many aspects of life, one of which is the potential impact on your employment. Whether facing a new job opportunity, working to maintain your...
Navigating Federal Court in the Eastern District of Tennessee: A Defendant’s Guide
Facing federal criminal charges in the Eastern District of Tennessee can be an overwhelming experience. The federal court system has its own unique procedures, rules, and potential consequences that...
Navigating DUI Checkpoints in Chattanooga: Know Your Rights and Legal Responsibilities
Driving under the influence (DUI) is a serious offense that can lead to severe consequences, including license suspension, hefty fines, and potential jail time. As part of their efforts to combat...
Understanding Aggravated DUI Charges in Chattanooga: Penalties and Defenses
Driving under the influence (DUI) is already a serious offense, but when certain factors come into play, the situation can become even more severe. In Chattanooga, Tennessee, an aggravated DUI...
What to Expect in Court for a DUI Case in Chattanooga?
If you find yourself facing a DUI charge in Chattanooga, Tennessee, you may be feeling worried and overwhelmed about the prospect of appearing in court. The DUI criminal court process can be...
The Power of Text Message Evidence in Criminal Defense Cases
In the modern era, text messages have become an increasingly important form of evidence in criminal cases. At Davis & Hoss, we've seen firsthand how a thorough analysis of text message evidence...
DUI and Professional Licensing : What You Need to Know
A DUI (driving under the influence) conviction can have far-reaching consequences affecting various aspects of your personal and professional life. Beyond the fines, potential jail time, and license...
Arguing for a Lenient Sentence in a Federal Tax Evasion Case
Davis & Hoss, PC will defend you in federal court against allegations of tax evasion or filing a false tax return. In federal criminal cases involving tax evasion or filing false tax returns,...
Navigating DUI Penalties in Tennessee: Understanding the Consequences
When faced with a DUI (driving under the influence) charge in Tennessee, it is essential to be fully aware of the potential penalties that could be imposed upon conviction. These penalties can not...
Exploring Tennessee’s Implied Consent Law: Understanding Your Rights and Obligations during a DUI Stop
A DUI traffic stop in Chattanooga, Tennessee, can be a nerve-wracking experience, particularly given the complexities surrounding the state's implied consent law. Under this legislation, drivers are...
Field Sobriety Tests in Tennessee: Understanding the Tests and How an Attorney Can Challenge Their Results
DUI (driving under the influence) arrests often involve a series of field sobriety tests conducted by law enforcement officers at the scene of the traffic stop. These tests help the officers...
Fighting DUI Charges in Chattanooga: Understanding Your Legal Rights and Options
When faced with the serious consequences of a DUI charge, it's crucial to understand your legal rights and options. However, the intricacies of DUI laws can be overwhelming, and traversing the legal...
Consequences of a DUI Conviction: Why You Need a Qualified DUI Lawyer in Chattanooga
Are you facing DUI charges in Chattanooga? If so, you should be fully aware of the potential consequences of such a conviction on your life and future. This informative article will delve into the...
Facing a DUI First Offense: Navigating Legal Waters in Chattanooga
When you're facing a DUI (Driving Under the Influence) first offense, the experience can be daunting, filled with uncertainty about the future. In Chattanooga, the implications of such charges...
Tennessee Court of Appeal Decides Monumental Case for Firefighter
Recently, in a powerful and detailed opinion, the Tennessee Court of Appeals affirmed a ruling from Hamilton County Chancellor Jeffrey Atherton to award Firefighter Matthew Long disability benefits...
FEDERAL SENTENCING UPDATE
FEDERAL SENTENCING UPDATE: AMENDMENTS SCHEDULED TO TAKE EFFECT NOVEMBER 1, 2023 For the first time in five years, the United States Sentencing Commission has adopted proposed amendments to the...
New Tennessee Criminal Laws 2023
The Tennessee State Legislature has wrapped up its 2022-2023 session. As expected, several new criminal laws are now in effect or will soon be in effect. This article will summarize some of these...
2023 Tennessee Driving Under the Influence (DUI) Update
2023 Tennessee Driving Under the Influence (DUI) Update Tennessee driving under the influence (“DUI”) laws are likely to change again this summer, with several bills pending passage in the state...
Tennessee Juvenile Law Update
Tennessee Juvenile Law Update: Efforts to Treat More Juveniles Charged with Crimes as Adults A bill is working its way through the Tennessee General Assembly that would change the way the State of...
The Tennessee Abortion Law Update: What You Need to Know Now
Since the drafting of our last Tennessee abortion law update, efforts to modify one of the strictest abortion bans in the nation have failed or stalled. House Bill 1440, which made exceptions for...
Unraveling the Latest Developments in Federal Wire Fraud Law
Federal wire fraud, under 18 U.S.C. § 1343, is an allegation that fraud has been committed by using some kind of electronic communication. This type of electronic communication is construed broadly...
Tennessee Abortion Ban Update
Tennessee’s ban on abortion took effect August 25, 2022, two months after the Supreme Court’s landmark Dobbs v. Jackson Women’s Health Organization overturned federal protection for abortion. As of...
Breaking Down the Latest Federal Criminal Defense Developments
CARES Act Fraud Investigation & Prosecution The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) is a federal law that was passed by Congress in the spring of 2020 in response to...
Tennessee Criminal Defense – Driving Under the Influence (DUI)
This article provides an update regarding driving under the influence (DUI) offenses in the State of Tennessee. As discussed below, there is a recent increase in DUI arrests in the state and several...
What should I do if I was arrested at Riverbend Festival?
Riverbend Festival is finally back this year after being delayed from COVID-19 for the past two years. Riverbend started back in 1982 and will be celebrating 39 years this June. Starting Friday,...
Tennessee alcohol-related laws to be mindful of this summer
School’s out and summer has officially arrived! Whether your summer break includes a staycation, or a destination to the beach, it’s important to be mindful of alcohol-related laws. Such charges can...
“No Refusal” law enforcement in effect on Hamilton County Roads
To combat drunk driving and the increased use of painkillers and other drugs while driving over the New Year's Day holiday, the Tennessee Highway Patrol and local law enforcement will be stepping up...
Fair Sentencing Act Leads To Confusion In The Sixth Circuit
The Sixth Circuit recently issued yet another opinion regarding the impact of the Fair Sentencing Act. This latest case,U.S. v. Bell, involved a guilty plea by Gregory Bell to crack cocaine and gun...
Parents Responsible for Underage Drinking
With New Year's Eve upon us and a plethora of parties soon to begin, a reminder to parents that they are liable in Tennessee for underage drinking--drinking by their children and underage guests...
When is a lie a federal crime?
Earlier this year the Supreme Court decided US v. Alvarez, a case that tests the limits upon which a community must accept contemptible conduct--in this case speech--from locally elected officials....
Criminal Contempt Not Actually A Crime According To Tennessee
Criminal Contempt in Tennessee The Tennessee Supreme Court decided in the Tracy Rose Baker v. Tennessee case, that criminal contempt does not equal a criminal conviction under Tennessee’s laws and,...
New laws take effect 2015
By LUCAS L. JOHNSON II, Associated Press Tennessee is now one of more than 20 states and the District of Columbia that have passed laws adding insulin to medications that school staff may volunteer...
Sixth Circuit Rules Against “Dirtiest Hotel in America”
In an incident that puts the notion that all publicity is good publicity to the test, a hotel in Pigeon Forge recently lost an appeal before the Sixth Circuit--Grand Resort v. TripAdvisor--regarding...
Nominating Commission selects three candidates for Court
The Judicial Nominating Commission met in Chattanooga today to review the 11 applicants for the Court of Appeals Eastern Section vacancy which serves 13 judicial districts in east Tennessee. The...
Signed Affidavit is Close Enough for Will to be Valid
In Re Estate of Thomas Chastain The TN Court of Appeals reversed Chancellor Jerri S. Bryant, Polk County, and found that a will was validly executed. At issue was whether a document was a will at...
15 Year Sentence for Chattanooga Man for Shot Gun Shells Upheld
Edward Young received a mandatory 15-year prison sentence for the crime of possessing seven shotgun shells belonging to his widowed neighbor. At sentencing he was confronted with the harshness of...
Magistrate judge disqualified for participating in plea
In United States v. Davila, the defendant pled guilty to conspiracy to defraud the United States by obtaining false tax refunds. Prior to his plea, the defendant requested that the magistrate judge...
Eleventh Circuit value of interstate transport forged securities
In United States v. James Brown, the defendant was convicted of mail fraud and transporting forged securities in violation of 18 U.S.C. § 2314, which makes it illegal to knowingly transport in...
BAC
BAC BAC is the blood-alcohol content in a person's blood. It is expressed as a percentage. There is a presumption in every state that a BAC of .08 or higher is per se proof of impaired driving or...
TN Judicial Ethics Committee Issues Advisory to Judges on Social Media
The Tennessee Judicial Ethics Committee recently released an advisory opinion regarding judges and proper social media etiquette, something that legal experts have seen land judges across the...
Court of Criminal Appeals Opinions
In State v. Pye, Judge Kelly Thomas disagrees "with the majority’s conclusion that trial counsel’s actions regarding the Petitioner’s acceptance of the plea agreement did not amount to ineffective...
Janie Varnell wins DUI motion to suppress
Click Attorney Janie Varnell wins Motion to Suppress in DUI case to read the opinion by Judge Tom Greenholtz.
New Bill Passed | Davis & Hoss, PC
Tennessee law requires government to inform citizens about getting public records Richard Briggs Photo by Associated Press /Times Free Press. NASHVILLE, Tenn. (AP) — The state Legislature has passed...
Public Reprimand of Judge Zachary
The Honorable Ronnie Zachary Public Reprimand The complaint alleges an act or acts by you that violated the Code of Judicial Conduct, in that the complaint asserts that you had imposed a punishment...
Nominating Commission Selects 3 Candidates for 6th District Circuit Court
Nominating Commission Selects 3 Candidates for 6th District Circuit Court. The Judicial Nominating Commission met in Knoxville today to review the eight applicants for the Third Circuit Court...
CCA affirms theft convictions and no violation of interstate
A Monroe County jury convicted the Defendant, Todd Joseph Sweet, of theft greater than $10,000, and the trial court sentenced him to six years in the Tennessee Department of Correction, to be served...
TN Supreme Court Affirms Attempted Murder Conviction
The Tennessee Supreme Court released an opinion, Tennessee v. Kevin Anthony Dickson, earlier this week that affirmed the attempted murder conviction for one East Tennessean, Kevin Anthony Dickson....
Janie Varnell featured in the Herald.
Davis & Hoss attorney Janie Varnell featured in the Herald.
U.S. Supreme Court to consider “late” actual innocence proof
An issue before the U.S. Supreme Court involves the late appearance of evidence that may demonstrate a criminal defendant’s innocence. Though many people assume that if evidence were to arise...
6th Circuit Maximum Sentence for Man who Threatened Judge
UNITED STATES v. HERBERT WILFRED NIXON The 6th U.S. Circuit Court of Appeals recently decided to uphold the five-year sentence of a man who sent threatening letters to a federal judge in Nashville -...
Law Enforcement Agencies Push Cell Phone Providers to Store Text Messages
The major cell phone providers, including AT&T, Verizon and Sprint, may be required to keep information about their customers’ text messages for at least two years according to a proposal that...
Sixth Circuit Tackles Another Crack Cocaine Case
U.S. v. Hughes In another confusing and unfortunate case involving the Fair Sentencing Act, the Sixth Circuit recently ruled against a man who had been convicted of possession with intent to...
Antitrust law
Antitrust law These are the laws designed to protect trade and commerce. The protection is aimed at monopolies, price discrimination, and price-fixing. The Antitrust Division of the Justice...
Petraeus Affair Raises Concerns About E-mail Privacy
With all the coverage surrounding the recent fiasco involving General Petraeus, the extent of people’s personal electronic security has been given increased attention. After all, if the CIA Director...
Maker’s Mark’s Trademark Case After Oral Aruments
With the New Year festivities to begin tomorrow night, a liquor trade mark case caught my attention. The Sixth Circuit Court of Appeals recently heard oral arguments involving Marker’s Mark and...
Supreme Court Agrees To Hear Anonymous Tip Case
The U.S. Supreme Court decided to hear a criminal case out of California so it can decide whether police are allowed to stop cars based solely on an anonymous tip. The Supreme Court agreed to hear...
Davis & Hoss finds new home in historic Fort Wood neighborhood
Editorial Front Page - Friday, November 14, 2014 Davis & Hoss finds new home in historic Fort Wood neighborhood By David Laprad The law firm of Davis & Hoss has moved into this stately Fort...
TN Supreme Court Examines the Constitutionality
Leonard Edward Smith v. State of Tennessee The TN Supreme Court recently decided the case of Leonard Smith, convicted murderer on death row. The long case with a complicated procedural history began...
Post Conviction denied in Juvenile life without parole murder conviction
Daniel Decker, appeals the Hamilton County Criminal Court’s denial of his petition for post-conviction relief. Decker was convicted by a jury of one count of first-degree premeditated murder and is...
Marsha Brantley Disappearance Case Dismissed, 48 Hours Airs
The disappearance of Marsha Brantley of Cleveland, Tennessee raised suspicions, but there was never any evidence she was a victim of foul play. Her husband, Donnie, was charged twice in the last 8...
American Board of Criminal Lawyers Grants Lee Davis Fellowship
On October 10, 2019, the American Board of Criminal Lawyers (ABCL) met in Charleston, South Carolina and unanimously accepted Lee Davis as a Fellow. He was nominated by ABCL member Jerry Summers....
Supreme Court Annual Report
Justice Roberts' 2013 annual report on the Supreme Court. Here is a link to the Report.
Supreme Court To Hear Tennessee Case Regarding Gun Ban For Domestic Abusers
U.S. v. Castleman The U.S. Supreme Court agreed to hear a Tennessee case about whether one man's conviction for domestic assault is sufficient to justify him being unable to own a gun. The case,...
Supreme Court Tackles Two Drug Cases
Last week, the Supreme Court heard two important criminal law cases involving drugs, both of which fit with a larger theme of clarifying what prosecutors must prove before they can successfully...
Supreme Court To Hear Death Row Appeal Concerning IQ Test
The Supreme Court announced that it would hear an appeal from a death row inmate in Florida who was ruled mentally disabled in 1992 but later found to be competent after receiving the minimum score...
Sixth Circuit Grants Writ Of Habeas Corpus In Tennessee Murder Case
A recent Sixth Circuit opinion concerned a Tennessee man, Ronald Michael Cauthern v. Roland Colson, who was convicted of murder and rape and sentenced to death for his crimes. Cauthern sought a writ...
Obiter Dictum
Obiter dictum is something that is said in passing. It is an observation or opinion of the court but one not necessary to the decision at hand. It is sometimes a persuasive point but not relevant to...
What is Burden of Proof in a Criminal Case?
In a criminal case, the prosecution will need to prove or disprove a disputed fact. This duty is termed the burden of proof. Generally, the prosecution will be proving that the defendant is guilty...
GPS Tracking Case May Lead To Changes Amongst The Circuits
An important decision was recently handed down by the Third Circuit Court of Appeals concerning law enforcement's ability to track suspects through GPS. Previously, appeals courts have allowed this...
Larry Sneed, Former Red Bank Chief Of Police, Wins Right To Jury Trial From Tennessee Supreme Court
Tuesday, December 02, 2014 Larry Sneed, former Red Bank chief of police, represented by Lee Davis and Jonathan Guthrie, won a right to a jury trial today from the Tennessee Supreme Court. In a case...
Twanna Blair’s attorney in 1999 Valentine’s Day triple slaying
Twanna Blair, right, talks to her attorney, Lee Davis, in this photo from her 2009 trial in Bradley County. Photo by Angela Lewis Foster /Chattanooga Times Free Press. The three victims were bound...
Supreme Court Clarifies Standard for Review of Judicial Diversion
The Tennessee Supreme Court in a unanimous opinion clarified the standard of appellate review for a trial court's decision regarding judicial diversion, the Administrative Office of the Court...
Supreme Court Ruling Negatively Impacts Immigrants With Expunged Criminal Records
If you get a crime wiped off of your record through an expungement, you're safe from that crime being used against you in the future, right? Unfortunately, this might not be the case if you are an...
CCA affirms dismissal of all charges against Davis & Hoss client
The Tennessee Court of Criminal Appeals today issued a decision validating our trial victory on behalf of Twanna Blair. "Our client is innocent of anything to do with the tragic Valentines Day...
Mug Shot Websites Receive Scrutiny From Lawmakers
The New York Times discussed the case of a college senior from Texas, Maxwell Birnbaum, who was arrested for possession of ecstasy during his freshman year while on a road trip with college buddies....
Sixth Circuit Reverses Lower Court In First-Degree Murder Case
Jasubhai K Desai v. Raymond Booker This case begins with a doctor, Jasubhai Desai, and a nurse, Anna Marie Turetzky, agreeing to open a medical clinic together back in the 1970s. Their business did...
TENNESSEE DUI: OFFENSES AND PENALTIES
The lawyers at Davis & Hoss follow changes to DUI laws in Tennessee. Below is the current status of the law. DUI Offenses and Penalties: First TIME DUI OFFENDER – (.08% BAC) [T.C.A. § 55-10-401]...
Tennessee Highway Patrol Takes “No-Refusal” Approach To DUIs
In a curious development over the recent Labor Day weekend, Tennessee Highway Patrol officers working in 10 counties implemented a new procedure meant to keep drunk drivers off the roads. The new...
Money Laundering
Money laundering is a serious offense that carries significant penalties including expensive fines and imprisonment of up to 20 years. Money laundering is considered a white collar crime prosecuted on the federal level.
Civil Cases
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Fact Check: Criminal Defense Resources
Listed below are Federal, Georgia and Tennessee legal links. Each link provides up to date information regarding their respective federal and state legal systems. Federal Court & Federal Legal...
Know your ABC’s – Tennessee Misdemeanor Classes
Though termed “misdemeanor”, misdemeanor charges are serious offenses. Misdemeanors can range from speeding to drug possession and domestic assault. Tennessee Class A misdemeanors carry up to 11...
Tennessee governor signs chancery court shake-up into law; opponents question its constitutionality.
"Davis told the Times Free Press that while he thinks House Bill 1130/Senate Bill 843 is both "unworkable" and "irresponsible," he sees a "real problem" in provisions regarding likely challenges to...
Sex Offender Registry
Tennessee Sex Offender Registry Sex Offender Laws in Tennessee Within the "Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004.”, the Tennessee...
Nolle prosequi
Nolle Prosequi or nolle pros. as it is typically said is notice that a prosecution is abandoned. This is accomplished by an announcement from the prosecutor that the state no longer intends to move forward.
Open Container Law in Tennessee
Open Container Law in Tennessee The law surrounding drinking alcohol in public is often misunderstood which was highlighted by a recent case of mine: Attorney Jay Perry. An officer sought to arrest...
Underage DUI
Underage DUI in Tennessee Team Up with a Chattanooga DUI Lawyer Tennessee has a drinking age of 21 years old and the consumption of alcohol by anyone under the drinking age is illegal. There are...
First DUI
First DUI Charges in Chattanooga, TN Tennessee DUI Lawyers with More Than 35 Years of Experience In Tennessee, it is illegal to drive with a blood alcohol content (BAC) that is equal to or higher...
Felony DUI
Tennessee Felony DUI Need a lawyer for a DUI case in Chattanooga?DUI offenses are generally charged as misdemeanor offenses in Tennessee. There are several cases; however, where the charges can be...
DUI Penalties
DUI Penalties in Tennessee Let Our Chattanooga DUI Lawyer Defend You DUI offenses are not taken lightly in the state of Tennessee. Facing these types of charges puts you at risk of serious and...
Field Sobriety Tests
Field Sobriety Tests Can they be challenged? If you were recently arrested for DUI, you were likely asked to perform a series of roadside tests called Standardized Field Sobriety Tests (SFSTs). If...