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Memphis Criminal Defense Legal Blog

Police: Tennessee hotel clerk sexually assaulted during robbery

Law enforcement officials east of Memphis said two men were recently arrested after they allegedly robbed a suburban Nashville hotel at gunpoint and sexually assaulted a female clerk there.

According to a news report, the two men, 26 years old and 25 years old, each face felony charges of aggravated assault and aggravated robbery. The 25-year-old has also been charged with aggravated rape, police said.

Domestic violence charges dropped against Reuben Foster

Back in 2016, the University of Tennessee hosted the visiting Crimson Tide of Alabama. Unfortunately, things did not go well for the Volunteers that October afternoon, as Alabama crushed the Vols 49-10. One of the Tide’s stars that year was inside linebacker Reuben Foster, who went on to win the Butkus Award as the nation’s best at his position.

According to news reports, domestic violence charges against the now-Washington Redskins player have been dropped. Foster is currently on the NFL commissioner’s exempt list, meaning he cannot play until legal and league matters have been resolved.

Why are Breathalyzer tests flawed?

Imagine a police officer pulls you over late one night while you're driving. The officer suspects you're drunk, so he asks you to step outside of your vehicle for a few DUI tests. You had a couple of drinks that night, but you feel perfectly sober, so you're not worried.

True to your belief, you stood on one leg, walked heal-to-toe and recited the alphabet backward in perfect form. You passed the field sobriety test, but when it came to the Breathalyzer, you failed it miserably. As the officer put on the cuffs and read your Miranda rights, you couldn't believe what was happening.

When can I get an annulment?

Imagine you and your significant other went to Las Vegas for a weekend of partying. One night on your trip, you drank too much and woke up the next day - married. You don't even remember saying "I do," but you found the rolled up paperwork in your pocket. In this circumstance, because you were drunk, you might not actually be married. 

Tennessee man illustrates why it's better to remain silent

Everyone who has studied civics or watched a crime movie or TV show has at least a basic familiarity with Miranda rights. When police make an arrest, they are to tell the suspect that they have the right to an attorney and a right to remain silent and refuse to answer law enforcement's questions. In most situations, it makes sense to exercise these rights.

A Tennessee man recently arrested on charges of credit card data theft would have been wise to exercise his Mirada rights rather than talking to the press about the allegations he and two other men face.

Memphis TV station shares video of sheriff arrested for DUI

The video shared by a Memphis TV station begins with a police officer’s insistent rap on a man’s car window. “You need to wake up and talk to me,” the officer says. “What are you doing? You’re on the side of the road, slumped over.”

It turned out that the man was sheriff of a nearby county. It also turned out that his blood-alcohol content (BAC) was measured at .23 percent, or nearly three times the legal limit of .08 percent. Despite the sheriff’s repeated requests for leniency from the officers on the scene, he was arrested for driving under the influence of alcohol.

Tennessee’s implied consent law: What does it mean for you?

At this time of year, Memphis police put extra squad cars and patrol officers on the streets. The goal is to keep an eye on heavy holiday traffic and look for suspected drunk drivers, pull them over, check to see if they are indeed impaired and then, when appropriate, make DUI arrests.

Before making a drunk driving arrest, it's common for Memphis police officers and Shelby County sheriff’s deputies to ask drivers to consent to a test to determine if the driver’s blood alcohol content (BAC) has reached Tennessee’s legal limit of .08 percent.

Suspect in up to 20 armed robberies arrested

If you drive about three and a half hours northeast of Memphis, you’ll come to Davidson County, Tennessee – better known for its county seat (a little town called Nashville). Davidson’s neighbor to the south is Williamson County.

Law enforcement officials recently announced that an 18-year-old man has been arrested on suspicions that he committed a series of armed robberies of convenience and phone stores in the two counties. He’s been charged with four counts of aggravated robbery of three phone outlets and one Discount Tobacco store.

Drug paraphernalia crimes: When could I face these charges?

Did you know that virtually anything could be "drug paraphernalia" depending on the context in which police find it. This means that if police find you in possession of marijuana, and you happen to also be in possession of a pipe along with it, you'll probably get hit with a drug paraphernalia charge.

Meanwhile, if police find you in possession of tobacco along with the same pipe -- as long as the pipe didn't have drug residue inside it -- you probably won't be charged with drug paraphernalia possession.

Holiday blues: Memphis police officer accused of domestic violence

Everyone knows that the holiday season can be a stressful time. There are often pressures from family and work, as well as overflowing list of demanding tasks that include shopping, cooking, cleaning and entertaining. Put it all together and the combination can raise tensions in homes.

We read recently of a Memphis couple that might have succumbed to holiday pressures. A city police officer has been accused of domestic violence against his partner in their home, Channel 13 reported.

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Jack P. Sherman, Attorney at Law
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