Happy St. Patrick's Day!

Please drink responsibly if you are celebrating tonight!  Take a taxi.  DUI charges are very expensive.

Valentine's Day - Tis' the season for Domestic Assault

What happens when you combine a holiday with high romantic expectations, drinking, and  disappointment?  Domestic Assault.  Domestic Assault is a class A misdemeanor that carries up to a year in jail and takes away your right to carry or possess a weapon.  Missing chocolates or jewelry is not worth the hassle of attorney fees and possible jail time.  Have a nice dinner at home and get some Net flix.

Double Jeapordy

Amanda Knox is waiting to hear verdict of her murder case for the third time.  She was found guilty at her first trial, and to put it simplistically it was overturned.  On the second trial, she was found not guilty.  In our system, the fight would be over.  She was acquitted.  The prosecutors could not pursue the case again because jeopardy would attach and her case would be over.  However, in the italian system, the verdict, regardless of what it may be, can be appealed.  When does it become a vendetta?  When does it ever stop?  I guess the theory is lets try every possible theory of a case until something sticks.  I don't know if she is guilty or innocent.  I was not there.  However, it does appear there is a lack of evidence and a tainted crime scene.  It is time to let go.

Out of the Office

The Carriker Law Office is closed from 8/28 through 9/6.  I will be returning phone calls and emails.  In the case of an emergency, I have someone covering my cases for me.  You can contact the main office of 901-529-8500 to get the name of the attorney covering my cases if you have a date while I am out.  Thanks.

Crime is senseless

Every day we go about our lives.  Going to work, the gym, the grocery store.  Events like the bombing at the Boston Marathon are senseless, however, we cannot live our lives in fear.  Whether it is a senseless crime or a car wreck, each day could be our last.  The only thing we can do is attempt to be safe and most importantly keep living our lives as we always would.  Life will pass you by if you are always in fear.  Don't let events like this keep you from living life to the fullest.  Then the individual/individuals have accomplished their goal.

Oh you crazy Sovereign Citizens.

Moorish Americans Say Squatter was 'Kidnapped'

The show continues on with this sovereign citizen group making allegations that this Defendant was kidnapped  and now being held ransom by the evil United States government.  The First Amendment provides us with the freedom of speech, however, that does not mean that whatever comes out of your mouth is the truth.  We all make claims every day, some true and some false.  The majority of sovereign citizens I see in court do not really hold true to an ideology, but are attempting to get something for nothing and not be penalized legally.  It is called stealing.  If you are charged with a crime, do not make this idiotic claim.  It is in your best interest to cooperate with the court and your attorney so you can receive the best possible result.  The individuals who make these claims are only making life harder on themselves.

Think Before You Speak!

2 officers relieved of duty for apparent threat
Yes, we have freedom of speech in our country, but you should exercise that freedom cautiously.  We live in a world where there are random acts of violence everyday.  People retaliate against strangers and loved ones due to problems at work and home.  These officer could be blowing off some steam due to cut backs and other work place politics.  However, their words were of extreme violence.  Violence that occurs often in the work place.  It does not matter if they really meant the threat or not.  It has to be taken seriously.  If you have issues, talk about them in the privacy of your home, not at work.  We are now a society that has to be proactive and take every threat seriously to avoid tragedy.  Exercising your right to free speech shouldn't end in being fired from your job, but there is a definite difference between a threat and a complaint.  Be smart.  Vent at home.www.memphistn-criminaldefense.com 

Drug Court Judge Seeks Funding to Help More Mothers

Drug Court Judge Seeks Funding to Help More Mothers
Often times, people who have drug charges (felony or misdemeanors) have a drug problem.  They aren't the dealer that the police are looking to arrest.  They are the go between.  They perform this function not because they will get money from the drug sales, but because they will be paid with drugs.  It often seems unfair to me that these individuals are facing a lengthy sentence when they are not the real source of the problem.  That is where drug court comes in.  If the individual has a problem and wants help, they are put into the program and sometimes get the charge off their record.  People know that it is hard.  If there is a dirty screen, the judge may place them in jail for a few days.  They have to give multiple screens weekly, and attend weekly meetings.  It is hard.  This is the only way to start on the successful path to recovery.  There are people who want the minimum sentence so they can go out and do more drugs and the people who decide to try and put it behind them.  It is programs like the Drug Court and Veterans Court that give people a chance to get their life back.  The choice is ultimately up to them.
www.memphistn-criminaldefense.com 

It can happen to you!

Rep. Curry Todd Pleads Guilty to DUI, Gun Charges

I have told many people that a DUI can happen to any one.  Being charged with a crime does not make you a criminal.  It makes you an individual that made a mistake.  While there are permanent ramifications to a DUI conviction on your record, it will only ruin your life if you let it.  It often seems that politicians or rich people get out of DUI convictions.  This is not always true.  They just know the law and know what to do if stopped by an officer for a DUI.

The state of Tennessee prosecutes DUI cases to the fullest extent.  No matter how much I prep my clients, they are disappointed in the outcome.  Whether they end up pleading as charged or if it is reduced.   Cases are not dismissed because an individual is a good person and needs a break.  They are reduced when the person refuses to take the test, looks sober on video, and hires qualified counsel.  DUI laws are constantly changing and soon we will move to a blood draw requirement.  There will always be ways to challenge a test, but it is becoming harder. If charged, you need a criminal attorney who keeps up with the changing laws.
www.memphistn-criminaldefense.com

Happy New Year

This New Year's Eve the state of Tennessee will have several "no refusal" check points.  That means that if you are under suspicion of DUI you will be required to submit to a breath or blood test.  While a breath test can be challenged, the challenges or a blood test are more stringent.  A DUI charge can have severe consequences to your pocketbook and your record.  Be smart and take a taxi or a designated driver.  www.memphistn-criminaldefense.com

Holiday Schedule

I wish everyone a safe and happy holiday season.  Please enjoy the time with your family and friends, and be careful.  This shouldn't be a time for stress and materialistic endevours, but giving and thankfulness.  If the last few weeks have shown anything, it is that every day we have is a good one.  I am spending time with my family this Christmas and will be out of the office until December 29, 2012.  I am still available by phone and email.  If you are arrested or facing charges, please contact me and I will help you through the process.  Have a safe and happy holiday!
www.memphistn-criminaldefense.com

Tis the Season to Procrastinate

As I sat in court today, I heard the familiar refrain that you always hear this time of year ..."Judge I don't have an attorney hired.  Its Christmas."  People want to buy gifts and food during the holiday season, however the worst thing you can do is prolong your case by waiting to hire an attorney.  Every time your case is reset, the court costs rise on your case.  It may seem like you are saving money by not having to pay an attorney in December, but in the end it will cost you more money.  Do not procrastinate.  Give yourself the gift of legal representation if you have a case.  It will be worth it in the end.
www.memphistn-criminaldefense.com

Good Luck Runners!

My office wishes good speed to all the St. Jude marathon runners.  It is always a beautiful day and it raises money for a wonderful charity.  Have fun and be safe this weekend!
www.memphistn-criminaldefense.com

Desperate times should not call for desperate measures

Black Friday Shoppers Caught with Counterfeit Money

It is that time of season for people to spend money.  The problem is for those who do not have any.  They often turn to theft, forgery, or counterfeit money to buy merchandise.  The monetary cost and jail time far outweigh the risks of holiday theft.
www.memphistn-criminaldefense.com    

Thanksgiving Holiday

My office will be closed Thursday and Friday for Thanksgiving.  If you need anything, please call and leave a voicemail and I will get back to you this weekend.  Have a safe Holiday from the Carriker Law Office.
www.memphistn-criminaldefense.com

Divorce and Domestic Violence

Terrence Thomas, accused of killing wife, will appear in court - Action News 5 - Memphis, Tennessee
It is not uncommon for people going through divorces to also get charged with domestic violence.  This can happen for two reasons:

1.  They are already in a physically abusive relationship.

2.  The other party is playing games and attempting to gain favorable ground in the divorce.  Living together during divorce proceedings makes the likelihood of arrest on a domestic violence case increase.

The relationship has already turned sour and if there has been physical abuse, anger from the proceedings will escalate.  Do not become a victim of crime or a victim of a spouse playing games.

If you are going through a divorce, you need to move out of the house.  It is expensive going through these proceedings, but it is easier to ask for help from family and friends rather than face arrest or harm to yourself.  During the holidays, anger and sadness are more present during a nasty divorce or break-up.  Alcohol can fuel these feelings and people make mistakes.  If you are arrested for a domestic violence case, you need to hire counsel immediately.  

Controversial Radio Host Arrested on Child Porn Charges

Controversial Radio Host Arrested on Child Porn Charges
The Memphis community seems to really be enjoying this arrest.  Regardless of intent you cannot and not post, disseminate, or own any type of child pornography.  This is seen as a dissemination of child pornography.  The result is an arrest and federal charges.  He could be facing a serious amount of jail time.  If you are facing similar charges, you need experienced legal counsel.  You should also prepare yourself for the eventuality that you will do some jail time.  

Stepfather Charged in Toddler's Death

Stepfather Charged in Toddler's Death

Child Abuse charges should be taken very seriously.  If you are charged with child abuse, you are facing a long amount of jail time.  People have a tendency to think that they can get out of these charges by claiming it was just an accident.  Forensic science has come a long way.  The medical examiners can indicate what injuries would be normal on a child in certain circumstances.  In other words, they know if an injury was intentional or a possible accident.  If you are facing a similar charge, hire counsel immediately and do not give a statement to the police or to any doctor.

www.memphistn-criminaldefense.com

Repo Man Shot at Raleigh Apartments

Repo Man Shot at Raleigh Apartments
Being a repo man is dangerous business.  It is not uncommon for repo people to get attacked.  These individuals typically try to get the vehicles when the individuals are not at home or busy to prevent these events.  Defendants often claim they thought their vehicle was being stolen and that is why they committed an assault.  Assault is not an effective defense for a theft.  Further, the business is typically on the side of the truck and the individuals will attempt to tell the Defendant what they are doing if confronted.  If you are not making payments on your vehicle, it is going to get repossessed.  It is not worth the jail time and attorney fees to attack someone for a piece of property.
www.memphistn-criminaldefense.com

Former Clerk Otis Jackson Claims to be Sovereign Citizen

Former Clerk Otis Jackson Claims to be Sovereign Citizen

I see more people every year claiming to be a sovereign citizen.  They are under the mistaken belief that this will prevent prosecution.  They think this claim prevents the court from having jurisdiction over their case.  If you walk on a sidewalk, get government assistance, vote, pay a sales tax or avail yourself of anything that is in America, you are not a sovereign citizen.  You can and will be prosecuted.  Asserting sovereign citizen status will only damage your case and possibly land you in jail for contempt.  If facing criminal charges, you should hire a qualified attorney.
www.memphistn-criminaldefense.com