Knoxville Criminal Defense Law Blog

By: Brad Henry

On May 21, 2012, Governor Haslam signed House Bill 2865 into law.  The new law will become effective on July 1, 2012.  HB2865 amends Tennessee's expungement law, T.C.A. 40-32-101, to allow a person to request the expungement of certain non-violent criminal convictions.  Previously, a person was only eligible for expungement if they had been arrested but not charged, a true bill was not returned by the grand jury, or the case was dismissed.  Now, subject to a few conditions, a person may petition a court to destroy the records of a conviction.

By: Brad Henry

Minimum mandatory sentences are strewn throughout the federal criminal code. Unfortunately, these mandatory minimums take authortiy away from judges and give it to the prosecution.  By providing defined sentences for certain offenses, judges are handcuffed and cannot consider what sentence is appropriate for the individual.  The net result is hundreds or thousands of low-level, non-violent, drug addicted defendants are sent to prison for extraordinary amounts of time. As Sentencing Law and Policy Blog points out, Judge John Gleeson, District Judge for the Eastern District of New York, has a solution; prosecutors should use their charging discretion.

By Brad Henry:

The Fifth and Sixth Amendments to the United States Consitution provides that every person is entitled to the assistance of counsel in a criminal case.  The problem is that many people who have been charged with a crime and are being held in custody don't exercise their right to counsel.  They want out of jail so badly that they are willing to make a deal with the prosecution even if it results in a conviction.  These convictions can have serious consequences.  Don't make a decision that could affect the rest of your life without speaking to an attorney first.

Failing to Report - Knowledge can be criminal

By Joe Lodato

By failing to report the sexual abuse or assault on a child, of which he was aware, legendary Penn State football coach, Joe Paterno, is poised to lose his job and may yet face more severe sanctions. This could have been worse in Tennessee. In Tennessee, this inaction would be a criminal offense and punishable under the law. " Any person required to report known or suspected child sexual abuse who knowingly and willfully fails to do so, or who knowingly and willfully prevents another person from doing so, commits a Class A misdemeanor." Tenn. Code Ann. § 37-1-615.