Levitt & LevittChattanooga Criminal Defense Lawyers | Tennessee Personal Injury Attorneys | Levitt & Levitt2024-03-08T05:38:49Zhttps://www.levittandlevittlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1401504/2020/11/cropped-ID-image-32x32.jpgOn Behalf of Levitt & Levitthttps://www.levittandlevittlaw.com/?p=484432024-03-01T05:39:04Z2024-03-08T05:38:49ZRemain calm and cooperative
Upon seeing the flashing lights in your rearview mirror in any scenario, pull over to an open spot as soon as it is safe to do so. Keep your hands visible on the steering wheel and avoid making any sudden movements. Stay calm and composed when interacting with the officer, and be respectful at all times.
Provide information
When asked, provide the officer with your driver's license, vehicle registration and proof of insurance. It is important to comply with their requests promptly and courteously. Avoid reaching for items unless instructed to do so, as sudden movements may raise suspicion.
Exercise your right to silence
You have the right to remain silent, and law officers can use anything you say against you in court. If the officer asks whether you have been drinking, you can politely decline to answer. However, do so respectfully and without aggression.
Refusing to answer questions does not imply anything negative about you. It is a legal right intended to protect your interests.
Think seriously about field sobriety tests
Field sobriety tests, such as walking in a straight line or standing on one leg, are voluntary. While you may feel pressured to comply, it is within your rights to decline these tests. If you do not want to take these tests, politely inform the officer that you prefer not to participate.
By remaining aware of your rights, you can handle a DUI stop with greater confidence and clarity. Remember, making responsible choices during a traffic stop may have an impact on the outcome of your case.]]>On Behalf of Levitt & Levitthttps://www.levittandlevittlaw.com/?p=484412023-12-06T10:45:00Z2023-12-13T10:44:33ZSelf-defense
If an individual reasonably believes that the use of force is necessary to protect themselves or others from imminent harm, they may invoke self-defense. However, this is typically not straightforward. The actions of the person must be proportional to the perceived threat. There also has to be reasonableness of the belief that such force was necessary.
Voluntary intoxication
Voluntary intoxication, while not a complete defense, can be a mitigating factor in certain cases. If an individual was involuntarily intoxicated or did not have the capacity to understand the consequences of their actions, it may be an affirmative defense.
Mistake of fact
Mistake of fact is a defense that comes into play when an individual reasonably believes certain facts that, if true, would justify their actions. For example, if someone mistakenly believes they are defending themselves from an immediate threat, this mistake of fact may be a defense.
Consent
If an individual can demonstrate that the alleged victim gave voluntary and knowing consent to the actions in question, it may be a valid defense in certain cases. For example, a person may defend against a theft charge by saying the alleged victim gave permission to take the item in question.
It is important to note that affirmative defenses require careful consideration of the specific circumstances surrounding the alleged criminal activity. These defenses are not one-size-fits-all solutions, and their applicability depends on the details of each case.]]>On Behalf of Levitt & Levitthttps://www.levittandlevittlaw.com/?p=484382023-09-19T05:28:01Z2023-09-26T05:27:32Z1. Type of drug charge
The classification of your charge depends on various factors, including the type and amount of the drug involved. Possessing a controlled substance, such as marijuana, cocaine, or prescription drugs without a valid prescription, is typically a Class A misdemeanor for first-time offenders. However, if found in possession of a significant quantity of the substance, it can quickly turn into a felony charge.
2. Drug manufacturing or distribution
Engaging in drug manufacturing or distribution is a serious offense in Tennessee. Even some first-time offenses involving the production or sale of controlled substances are a felony, usually falling into the Class C or D felony categories.
3. Drug-free school zones
Tennessee has strict laws concerning drug offenses within drug-free school zones. If caught with drugs within 1,000 feet of a school, park, or daycare center, your charge can automatically become a felony, regardless of the type or amount of the substance involved.
3. Aggravating factors
Certain aggravating factors can significantly increase the severity of a drug charge. Being in possession of a firearm at the time of your arrest or trafficking drugs across state lines, for example, can result in your offense elevating to a felony.
4. Repeat offenses
Repeat drug offenders face harsher penalties in Tennessee. A second or subsequent drug offense is more likely classified as a felony, even if the initial charges were misdemeanors.
Every year, 1.16 million arrests involve possessing, selling, or manufacturing illegal substances. While every outcome is different, a conviction comes with long-lasting consequences.]]>On Behalf of Levitt & Levitthttps://www.levittandlevittlaw.com/?p=481882023-06-13T07:06:24Z2023-06-21T07:04:58ZAvoid drinking and driving: Plan ahead
One of the most important safety measures at any music festival is to avoid drinking and driving. Bonnaroo offers various transportation options, including shuttles and rideshare services, which can safely transport you to and from the festival grounds. Designate a sober driver within your group or arrange for alternative transportation to ensure everyone's safety.
Say no to drugs: Protect your health
It is essential to refrain from using illegal substances or abusing prescription medications during the festival. Substance abuse can impair judgment, lead to unpredictable behavior and jeopardize your well-being and the safety of those around you. Stay aware of your surroundings and be mindful of your personal limits. If you witness any suspicious or concerning activities related to drug use, notify festival security or staff immediately.
Avoid altercations: Keep the peace
Bonnaroo is a celebration of music and camaraderie, and it's essential to maintain a peaceful and respectful environment. Avoid engaging in fights or confrontations with fellow festival-goers. Instead, focus on enjoying the performances and connecting with others in a positive and inclusive manner. If you encounter any conflicts or witness aggressive behavior, notify festival staff or security personnel to help de-escalate the situation.
Respect the property: Preserve the festival experience
Bonnaroo provides a unique and vibrant setting for music lovers, and it is crucial to respect the festival grounds and property. Avoid any actions that could cause damage or destruction, such as graffiti or vandalism. Keep the environment clean by properly disposing of trash in designated bins. By treating the festival grounds and facilities with care and respect, you contribute to the continued enjoyment of future attendees.
Attending the Bonnaroo Music and Arts Festival is an exciting opportunity to immerse yourself in the magic of live music and create unforgettable memories. By prioritizing safety and responsible behavior, you can ensure a memorable and incident-free experience.]]>On Behalf of Levitt & Levitthttps://www.levittandlevittlaw.com/?p=481862023-03-21T10:08:57Z2023-03-28T10:08:21ZPolice can lie to suspects
Law enforcement officers do not have to tell the truth when investigating suspects. Police can use deceptive tactics to encourage suspects to confess to charges and supply information. Unfortunately, sometimes police deception can result in false confessions and wrongful convictions. A study showed that 29% of wrongful convictions of innocent people involved a false confession.
It is crucial that people facing police investigations and questions from law enforcement remember their rights. Suspects can remain silent and refuse to answer incriminating questions. Furthermore, people undergoing police questioning have the right to have legal representation present.
Minors and police deception
The brains of children and adolescents are still developing, which means deceptive and manipulative tactics by law enforcement can be particularly effective. Young people can feel social pressure to confess to actions they did not take and falsely incriminate themselves to police officers. Confessions obtained through coercion can lead to the unjust incarceration of minors. Many juveniles who have received unfair convictions encountered manipulation and lies from the police. Although some states have restricted the use of police deception when questioning juveniles, in many others, including Georgia, the practice remains legal.
Police deception can manipulate suspects into incriminating themselves and contribute to false confessions and wrongful convictions. Young people may be especially vulnerable to these tactics.]]>On Behalf of Levitt & Levitthttps://www.levittandlevittlaw.com/?p=481722022-12-12T18:15:38Z2022-12-12T18:15:38ZHas the equipment been properly maintained and calibrated?
The machines used for breath tests require maintenance and calibration for accuracy. Your attorney can request maintenance records to determine if the officer used faulty or poorly-maintained equipment.
Did the officer administer the test correctly?
Proper administration of a breath test is imperative. With dash cameras and body cameras gaining popularity in law enforcement, footage from the traffic stop can show if there was any deviation from the procedure that could negate your results.
Did you pass the field sobriety tests?
During a traffic stop for a suspected DUI, officers typically start with a field sobriety test, including reciting the alphabet, walking in a straight line and balance activities. If you passed the field sobriety test, it may cast doubt on the breath test results.
Was there a delay in testing?
If you were on the scene for half an hour or more before the test, you can argue that delayed absorption may have altered the test results and that you were not over the limit at the time of the stop.
A failed breath test does not lock in your case. Consider your options for challenging the charges.]]>On Behalf of Levitt & Levitthttps://www.levittandlevittlaw.com/?p=481702022-12-12T18:13:16Z2022-12-12T18:13:16Zinformant testimony and forensic evidence errors are often responsible for unjust results.
Unfortunately, the popular Reid interrogation technique that most law enforcement professionals use can also lead to wrongful criminal convictions by encouraging false confessions.
What is the Reid technique?
This three-phase interrogation method starts with a factual analysis of a crime scene and the identification of suspects. Next, during the interview phase, the investigator poses mundane and provocative questions to a subject while noting behavioral changes that reveal the truthfulness of the answers. Finally, the investigator conducts the third interrogation phase.
How can the interrogation phase lead to false confessions?
Investigators use the final interrogation phase of the Reid technique to obtain confessions, but too often, innocent parties feel pressure to claim responsibility for crimes.
Opponents of the Reid technique may argue that although investigators receive training to discern when suspects lie during the interview, their assessments may be inaccurate. In addition, innocent subjects are often vulnerable to psychological manipulation at the heart of the Reid technique. They may confess when interrogators promise leniency and an end to the grueling interrogation.
What are the consequences of false confessions?
Unfortunately, a false confession almost always leads to a conviction, even when other evidence does not support a conviction. As a result, innocent people may spend years of their lives in prison, and actual perpetrators may go free or continue to commit crimes.
DNA testing and the work of nonprofits like the Tennessee Innocence Project can help overturn wrongful convictions. But unfortunately, those responsible for crimes (and their victims) do not always receive justice.]]>On Behalf of Levitt & Levitthttps://www.levittandlevittlaw.com/?p=481582022-10-04T18:56:14Z2022-10-04T18:56:14Zunderstanding the facts about these coercive tactics can help you prepare your child if he or she faces police questioning.
What is the impact of police lying to juvenile suspects?
To compel a confession or encourage a suspect to implicate others, police often lie about DNA, fingerprints, confessions of co-defendants and other evidence. They may also fabricate stories about what will happen if the suspect does not confess.
Such lies can easily lead to false confessions, and young people are much more likely to give false confessions than adults. In fact, Psychology Today reports on an experiment in which juveniles were 27% more likely to falsely confess. This number rose to approximately 60% when the children saw fake evidence of their guilt. According to the Innocence Project, among its exonerees, nearly 35% of those with childhood convictions falsely confessed, compared to only 10% of convicted adults.
Why are juveniles so vulnerable to police deception?
Children and teens are more likely to confess to a crime they did not commit because their brains have not finished developing. This means that, when placed under pressure, your child may not yet have the ability to consider long-term consequences and make sound judgments. Further, children often feel they must comply with authority figures.
Though many states are working to change deceptive police practices, for now, law enforcement can lie to your child in Tennessee. Helping your child understand the types of deceptions the police might use may prevent a false confession.]]>On Behalf of Levitt & Levitthttps://www.levittandlevittlaw.com/?p=481602022-09-20T15:32:07Z2022-09-27T15:22:25ZThe type of offense
Juvenile offenses typically fall under two categories. First, a status offense is illegal primarily because it involves offenders under age 18. However, the same behavior would not be unlawful for an adult. Status offenses include truancy, possessing or smoking cigarettes and alcohol use.
Delinquency offenses are illegal regardless of the offender's age. These include theft and shoplifting, assault and battery, illicit drug possession and use, trespassing and vandalism, disorderly conduct and handgun possession.
The severity of the offense
Status offenses involve a probationary period during which your child must agree to refrain from continuing the same or similar behaviors and possibly undertake community services and other forms of rehabilitation. However, probation violations may prompt a judge to give the Tennessee Department of Children's Services custody of your child.
Delinquency offenses are either misdemeanors or felonies. According to a judge's discretion, children who commit misdemeanors must undergo rehabilitation at facilities specializing in behavioral issues.
Children who commit felony crimes, including armed robbery, aggravated assault or murder, typically undergo minimum six-month stays in a state or privately-operated high-security facility, where the staff monitors and counsels them. However, Tennessee imposes the harshest penalty of 51 years in prison for first-degree murder, which is the same for adults.
A juvenile crime conviction can impact your child's future, including education choices, job prospects, and financial security. For this reason, petitioning the court to expunge qualifying offenses from your child's record is critical.]]>On Behalf of Levitt & Levitthttps://www.levittandlevittlaw.com/?p=480842022-08-05T19:39:37Z2022-08-05T19:39:37ZWhat is disorderly conduct?
In Tennessee, disorderly conduct is a Class C misdemeanor crime involving behavior that causes public nuisance or alarm. Many students face these charges after excessive alcohol consumption during parties, sports games or other group activities.
When alcohol lowers young people's inhibitions, they may become susceptible to behaviors they do not ordinarily consider, such as fighting, playing music or speaking loudly, heckling passersby, trespassing or damaging someone's property.
What are the consequences of disorderly conduct?
The consequences for disorderly conduct are most severe when the accused resists arrest or is disrespectful to arresting police officers. Although students face penalties of up to 30 days in jail and a $50 fine, their schools might also take disciplinary action. In addition, a conviction could remain on a student's record where graduate school admissions committees and future employers may see it. Although individuals can apply to expunge these convictions from their records after five years, this option is unavailable to anyone with a repeat offense.
College students can make mistakes that impact their education and potential careers. However, with your help, your child can overcome a criminal conviction without sacrificing plans for the future.]]>