The presumption of innocence is one of the most important principles in the American criminal justice system. When police and prosecutors bring a charge, they have the burden of proving the defendant’s guilt beyond a reasonable doubt. If the state cannot prove every element of the selected charge beyond a reasonable doubt, then the defendant …
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Getting charged with a DUI (Driving Under the Influence) can be a stressful and overwhelming experience, with serious consequences that can affect your life in numerous ways. One of the biggest concerns for anyone charged with a DUI is how long their case will stay open and how they can get through it as quickly …
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You’re driving home from a night out with friends, feeling a little tired but otherwise fine. Suddenly, you see a line of vehicles and flashing lights in the distance–it’s a DUI checkpoint. Your heart begins to race as you wonder what to do. How should you respond to the officer’s requests? Should you submit to …
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As a parent, the safety of your child is paramount. Knowing what to do in the event that your child gets taken into custody by a police officer can be daunting — and not knowing how your rights may or may not measure up against law enforcement’s authority can feel paralyzing. By understanding when, why, …
If you’ve recently been charged with DUI, you’re probably feeling a mix of emotions – confusion, frustration, and perhaps even fear. It’s important to remember that you’re not alone. Thousands of people are arrested for DUI each year in Tennessee, and almost all of them will have questions about what happens next. This blog is …
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The smell of marijuana as probable cause to search a vehicle has been a legal grey area in recent years. In 2018, the Farm Bill federally legalized cannabis products containing less than 0.3% THC. This made the smell of marijuana less clear as an indicator of illegal activity, as law enforcement officers cannot distinguish between …
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A new law in Tennessee requires some individuals arrested for DUI to install an ignition interlock device before their case has been resolved. This new law has many people wondering what exactly it means and how it will impact their DUI case. In this blog post, we will discuss the new ignition interlock law in …
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Evidence plays a critical role in any criminal trial. It can be the difference between a conviction and an acquittal. However, evidence can be suppressed for a variety of reasons. Evidence may be suppressed if it was obtained illegally or if it is not relevant to the case. Evidence may also be suppressed if it …
With the passage of the Agriculture Improvement Act of 2018, commonly referred to as the 2018 Farm Bill, hemp and its derivatives like delta-8 THC became federally legal. As the use of hemp-derived cannabinoids continues to increase, so does the need for information about how they pertain to existing laws. Here at Barnes Law Firm, …
The criminal justice system in the United States is based on the premise that everyone is innocent until proven guilty. This includes minors, who are protected by a number of constitutional rights, including the right to remain silent and the right to an attorney. If your child is arrested, it is important that you understand …
Continue reading "Confessions And Your Child’s Miranda Rights"
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