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 … The post What Is An Affirmative Defense To A Criminal Charge? appeared first on Barnes and Fersten ..read more

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 … The post How Long Can a DUI Case Stay Open And How Do I Get Through It Quickly? appeared first on Barnes and Fersten ..read more

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 … The post DUI Checkpoints In Tennessee: What You Need To Know appeared first on Barnes and Fersten ..read more

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 … The post What Happens For Your First DUI Offense In Tennessee? appeared first on Barnes and Fersten ..read more

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 … The post Is the Smell of Marijuana Probable Cause To Search a Vehicle in Tennessee? appeared first on Barnes and Fersten ..read more

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 … The post Why Do I Need An Ignition Interlock Device If I Have Not Been Convicted Of DUI? appeared first on Barnes and Fersten ..read more

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 … The post How Does Evidence Get Suppressed? appeared first on Barnes and Fersten ..read more

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 post Can You Get a DUI on Delta-8 THC And Similar Products That Contain Below .3% THC in Tennessee? appeared first on Barnes and Fersten ..read more

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 … The post Confessions And Your Child’s Miranda Rights appeared first on Barnes and Fersten ..read more

If you’ve ever been out drinking in Tennessee, you may have wondered what could happen if you get too drunk and wind up causing a disturbance. In this blog post, we’ll discuss public intoxication laws in Tennessee, and provide some tips on how to handle yourself around police if you’re potentially facing public intoxication charges. … The post Public Intoxication In Tennessee appeared first on Barnes and Fersten ..read more