Gene Scott, Attorney at LawGene Scott, Attorney at Law2026-05-30T14:14:10Zhttps://www.genescottlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1604539/2022/07/cropped-justice-scale-favicon-32x32.pngOn Behalf of Gene Scott, Attorney at Law<![CDATA[When police officers delay chemical testing after a DUI arrest]]>https://www.genescottlaw.com/?p=2511332026-05-30T14:14:10Z2026-05-30T14:14:10ZDelays can alter test results
The human body can only absorb and metabolize so much alcohol at once. People may see their blood alcohol concentrations (BACs) continue to rise long after they finish consuming alcohol.
State law does not impose a specific deadline for chemical testing, but current scientific best practices advise administering blood or breath tests within two hours of the beginning of the traffic stop. Any delay beyond that could raise serious questions about the chemical state of the motorist when they were actually in control of the motor vehicle.
Assessing the timeline of testing and other details, such as the calibration records for the testing device, can help people identify viable criminal defense strategies. A failed test does not always lead to a DUI conviction.
Convincing the courts to exclude test results and raising questions about their accuracy during a trial can both be effective strategies in certain circumstances. Working with a DUI defense attorney can help people evaluate their options after an arrest. An attorney can help develop a strategy to minimize their risk of a conviction or the criminal penalties imposed in the event that one cannot be avoided.]]>On Behalf of Gene Scott, Attorney at Law<![CDATA[What should you know about your Miranda rights? ]]>https://www.genescottlaw.com/?p=2511322026-05-22T10:23:12Z2026-05-22T10:23:12ZThe anxiety and stress that someone feels when they’re uncertain about how to interact with police officers during an interrogation can be overwhelming. While there’s not much that will completely do away with that feeling, learning about your rights might be beneficial.
Miranda rights are commonly heard in true crime shows and some police dramas. Many people think that an arrest is invalid if an officer doesn’t read the warnings, but that’s not how this works.
What are the Miranda rights?
Miranda rights are based on the Fifth Amendment of the United States Constitution. These rights are meant to protect people against self-incrimination, and they’re required during custodial interrogations because of Miranda v. Arizona, a case that was heard by the United States Supreme Court. The rights that must be read include the right to remain silent and the right to have an attorney represent you.
What should you do when you’re read the Miranda rights?
Your Miranda rights aren’t automatic. Instead, you have to invoke them if you want their protections to apply to your case. The invocation must be clear, but it doesn’t have to be complex. Saying something as simple as “I invoke my rights” or “I choose to remain silent” is sufficient. Once you invoke your rights, you should remain silent until you speak to an attorney. The police officers have to stop all questioning once you invoke your rights, which means that they can’t have new officers come in to try to question you again. If police fail to read you these rights before a custodial interrogation or fail to abide by your invocation, those can become components of a defense strategy. Working with someone who’s familiar with these matters may be beneficial, so you have assistance getting a strategy together.
]]>On Behalf of Gene Scott, Attorney at Law<![CDATA[Why white-collar crimes are often prosecuted as federal offenses]]>https://www.genescottlaw.com/?p=2511312026-05-06T23:17:37Z2026-05-06T23:17:37ZThe use of government infrastructure
Many financial crimes involve one or more types of infrastructure. People use phone lines, the internet or the United States Postal Service (USPS) to disseminate information about a fraudulent scheme.
They transfer funds through the Federal Reserve when committing mortgage fraud. When there is proof that key infrastructure played a role in criminal activity, the matter may warrant federal prosecution.
Interstate financial transactions
Many financial crimes become federal matters because they involve people in more than one jurisdiction. A person working in Tennessee may embezzle from their employer while on business trips to other states. They might engage in personal spending and then try to write off those costs as business expenses.
Those engaged in mail or online fraud might solicit people all over the country in the hopes of tricking them. When financial misconduct involves people or businesses and more than one state, the matter may lead to federal prosecution.
Professionals facing white-collar criminal charges, especially at the federal level, likely need assertive representation to respond to those charges. Consulting with an attorney familiar with both Tennessee state laws and federal white-collar statutes can help people to avoid devastating federal convictions.]]>On Behalf of Gene Scott, Attorney at Law<![CDATA[What is a suspended sentence in Tennessee?]]>https://www.genescottlaw.com/?p=2511302026-04-30T18:33:21Z2026-04-30T18:33:21Zunder specific conditions, such as regular check-ins with a probation officer, drug testing, community service, fines and staying out of further legal trouble. If someone violates those conditions, the court can activate the suspended sentence, which means they would go to jail to serve the original term.
A sentence may be fully or partially suspended. If it’s partially suspended, the defendant serves a portion of their sentence behind bars, and the remainder is suspended as long as they follow the court’s directives. With a fully suspended sentence, a person serves no jail time at all if they comply with the court’s conditions.
Who qualifies for a suspended sentence?
Not everyone charged with a criminal offense is eligible for a suspended sentence. Courts consider multiple factors before deciding whether to suspend a sentence. This often includes the seriousness of the offense, whether anyone was harmed, a defendant’s prior criminal record and their likelihood of complying with the court-ordered conditions.
Certain first-time, non-violent offenders may be in a stronger position to receive a suspended sentence, particularly when the charge is not serious and there’s no history of repeated criminal conduct. Judges may also look favorably on defendants who show accountability – for example, by voluntarily seeking counseling or treatment or presenting other mitigating circumstances suggesting they are a good candidate for rehabilitation rather than incarceration.
That said, there are no guarantees. Each case is different, and judges often have broad discretion when determining whether a suspended sentence is appropriate.
Facing criminal charges in Tennessee?
It’s important to understand every available sentencing option when facing criminal charges. The right legal guidance can help you evaluate alternatives to jail, reduce potential penalties and make informed decisions about plea negotiations, probation terms or trial strategy.]]>On Behalf of Gene Scott, Attorney at Law<![CDATA[Understanding the stakes of ignition interlock devices]]>https://www.genescottlaw.com/?p=2511292026-04-08T08:55:19Z2026-04-08T08:55:19ZHow the ignition interlock device works
To prevent alcohol-impaired driving, an IID is often required as a condition of a restricted license or following a DUI conviction. The device connects to your car’s ignition system and prevents it from starting if your breath alcohol concentration (BrAC) is too high (0.02 for Tennessee).
For many, the most daunting aspect is the timeline. The minimum duration for the IID program is 365 days and can increase if you are a repeat offender. While you have the IID in your car, you may only be permitted to drive for work purposes or family emergencies.
The risk of false positives
One of the most frustrating challenges of the IID program is the device’s sensitivity. It may flag alcohol content from food and dental hygiene products, resulting in false positives. The device may misidentify these traces as alcohol consumption, potentially extending your license suspension. Compiling the necessary evidence to challenge these fails can help you protect your record from unfair penalties.
The financial implications
Being in the IID program is a long-term financial commitment. In Tennessee, the driver typically shoulders most of the costs, including device installation, license fees and monthly calibrations. Moreover, individuals need to bring the vehicle to a service center every 30 days for maintenance. Even if you are in the program for the minimum of one year, the costs can add up over time.
Protecting your driving rights
An IID requirement is a heavy penalty that disrupts your daily life and drains your finances. However, it does not have to be the outcome of your DUI charge. Working closely with a legal professional can help increase your chances of reaching a fairer outcome. Whether that means fighting to have the charges dismissed or making sure that your time in the IID program is as short as possible, a lawyer can protect your rights every step of the way.]]>On Behalf of Gene Scott, Attorney at Law<![CDATA[Are you allowed to refuse a field sobriety test in Tennessee?]]>https://www.genescottlaw.com/?p=2511282026-03-12T12:08:56Z2026-03-12T12:08:56ZAre field sobriety tests voluntary?
There are three standardized tests that officers in Tennessee use. The first test is the walk-and-turn, followed by the one-leg stand. The third test is the horizontal gaze nystagmus. Each of these tests helps officers determine whether or not to make an arrest for DUI by letting them measure your coordination, balance and mental ability.
However, the state does not require drivers to take part in these roadside coordination tests by law, which means you are free to refuse them. Despite this, refusal does not end the investigation. Officers can use other observations to decide whether to make an arrest, such as:
Erratic driving patterns
Smell or presence of alcohol in your vehicle
Bloodshot eyes
Slurring speech
Statements you make and how you follow instructions
If an officer arrests you for DUI, they will ask you to take a chemical test. Unlike field sobriety tests, you consent to the chemical tests by default, and refusing to comply comes with legal penalties under the state’s implied consent law.
What can you do to avoid a DUI charge?
One of the best ways to avoid a DUI charge is to refrain from drinking before getting in a vehicle. However, an officer can still arrest you if they suspect you are driving under the influence of alcohol. While you can say no to field sobriety tests, officers can still document your refusal and rely on other facts to justify further action.
If the authorities pull you over, remain calm and be polite. Remember that you can refuse to take voluntary tests, and that you have the right to remain silent if they ask incriminating questions. Similarly, if an officer asks you to take part in a chemical test, it is important to comply to avoid facing license suspensions.
Facing a potential DUI can be emotionally exhausting, especially if you know you did not drink alcohol before driving. By following the law and knowing your rights, you may be able to strengthen your case and avoid a DUI charge if evidence shows that you are innocent.]]>On Behalf of Gene Scott, Attorney at Law<![CDATA[Your rights during drug manufacturing investigations in Tennessee]]>https://www.genescottlaw.com/?p=2511242026-03-06T10:17:11Z2026-03-06T10:17:11ZConstitutional rights during Tennessee drug manufacturing investigations
Several constitutional protections can apply during a drug investigation. These rights often shape how officers search property, ask questions and gather evidence. Key protections can include:
Fifth Amendment privilege: Gives you the right to refuse police questions about suspected drug activity
Sixth Amendment counsel right: Provides access to a defense attorney during a criminal case
These protections may shape the way officers conduct a drug manufacturing investigation.
Legal protections affecting searches, questioning and evidence
Drug lab cases often involve items and statements. Because of that, legal rules can guide how officers gather information or evidence. Key safeguards include the following:
Search warrant limits for homes, buildings and private areas
Consent rules when police ask to search property
Questioning limits during police interviews
Evidence rules for chemical tools or records
These safeguards often shape Tennessee drug cases. They can also set limits on police authority.
What to consider after police contact
If police raise concerns about drug manufacturing, your response can matter. Avoid quick explanations about chemicals, tools or property use. Early statements may appear in police reports or later court records.
Instead, pause before you answer detailed questions. Also, consider speaking with a defense attorney. A lawyer can review the situation and explain possible next steps under Tennessee law.]]>On Behalf of Gene Scott, Attorney at Law<![CDATA[What is double jeopardy protection in Tennessee?]]>https://www.genescottlaw.com/?p=2511212026-02-16T15:48:39Z2026-02-20T05:00:16ZWhat defines double jeopardy
Double jeopardy is a constitutional safeguard rooted in the idea that the law prohibits the state from making repeated attempts to convict someone for the same crime. This rule exists at both the federal and state levels, preventing either governing body from prosecuting you more than once for the same act.
At the federal level, the Fifth Amendment guarantees that you shall not "be subject for the same offense to be twice put in jeopardy of life or limb." Tennessee’s Constitution contains nearly identical language.
Protection after an acquittal: If a jury or judge finds you not guilty, the prosecution cannot retry you for that offense. This applies even if new evidence surfaces after the trial ends.
Protection after a conviction: Once you have been convicted and sentenced, the state cannot prosecute you again for that same charge in an attempt to secure a harsher outcome.
Protection against multiple punishments: The court cannot impose more than one punishment for the same offense within a single proceeding.
These protections provide finality and shield individuals from the emotional and financial toll of repeated legal battles.
Situations when it does not apply
One of the most significant exceptions is the separate sovereigns doctrine. Because the law treats the federal and state governments as distinct legal entities, both can prosecute you for the same conduct without violating your constitutional rights.
Mistrials also frequently fall outside the scope of double jeopardy in most cases. If a trial ends without a verdict due to a hung jury or a serious procedural error, the court generally permits a retrial. The reasoning is that the first proceeding never legally concluded, so “jeopardy” never ended.
Another important distinction involves civil cases. Double jeopardy only applies to criminal proceedings. This means that even if a jury acquits you in a criminal trial, a separate civil lawsuit based on the same events may still move forward.]]>On Behalf of Gene Scott, Attorney at Law<![CDATA[How does Tennessee handle trespassing charges and penalties?]]>https://www.genescottlaw.com/?p=2511202026-02-10T14:55:26Z2026-02-10T14:55:26ZTrespassing charges can feel confusing and stressful, especially if you did not expect the situation to escalate. Tennessee law treats trespassing as a property offense, but the penalties can still affect your record and daily life.
What counts as criminal trespass
Criminal trespass is defined as entering or remaining on property without the owner’s consent. This includes land, buildings, or structures where the owner has restricted access. You can face charges even if you did not damage anything or intend harm. Clear notice, such as signs, fencing, or direct warnings, often plays a major role in these cases.
How notice affects a trespassing charge
Notice separates innocent mistakes from criminal conduct. Property owners may give notice through posted signs, locked gates, painted markings, or verbal instructions. Once notice exists, staying on the property can trigger charges. Courts often review whether the notice was reasonable and easy to understand.
Misdemeanor vs aggravated criminal trespass
Most trespassing cases fall under misdemeanor criminal trespass. Aggravated criminal trespass applies when someone enters a habitation, such as a home or temporary living space. This charge carries higher penalties because it involves personal living areas. Prosecutors often treat aggravated cases more seriously from the start.
Potential penalties for trespassing convictions
Criminal trespass is usually a Class C misdemeanor in Tennessee. Penalties may include fines and short jail sentences, depending on the circumstances. Aggravated criminal trespass can rise to a Class B misdemeanor, which brings steeper fines and longer jail exposure. Judges may also order court costs or conditions tied to property access.
Common defenses raised in trespassing cases
Defenses often focus on consent, lack of notice, or lawful purpose. For example, a person may argue they believed they had permission to enter the property. Others challenge whether signs or barriers provided clear warning. Each case depends on facts like location, communication, and timing.
Why trespassing charges matter beyond fines
Even minor misdemeanor charges can follow you. A criminal conviction like trespassing may affect employment, housing applications, or background checks. Understanding the charge early helps you evaluate options and possible outcomes.]]>On Behalf of Gene Scott, Attorney at Law<![CDATA[How does a DUI arrest affect your commercial driver’s license?]]>https://www.genescottlaw.com/?p=2511172026-01-27T19:12:42Z2026-01-27T19:12:42ZA DUI arrest can have severe consequences for anyone holding a commercial driver’s license (CDL). If you're arrested for driving under the influence while driving a commercial vehicle in Tennessee, the penalties may be more severe than those for non-commercial drivers. Understanding the specific effects a DUI arrest has on a CDL can help drivers take the necessary steps to protect their livelihood.
DUI arrest and commercial driver’s license suspension
According to state law, a DUI arrest can lead to the suspension of your commercial driver’s license, especially if the arrest involves operating a commercial vehicle with a blood alcohol concentration (BAC) of 0.04% or higher. This is half the legal limit for non-commercial drivers (0.08%). A conviction for a DUI can result in a mandatory CDL suspension, which could last for one year or more, depending on the severity of the offense.
Impact on driving record and future employment
A DUI conviction not only affects your driving privileges but also leaves a mark on your driving record. This can make it more difficult to secure future employment as a commercial driver. Employers may be hesitant to hire someone with a DUI on their record, especially if the conviction involves a commercial vehicle.
Offenses involving drugs or alcohol
If a driver is found under the influence of drugs or alcohol, it can lead to even more severe consequences. In addition to losing your CDL, a driver may face additional penalties, including fines, vehicle impoundment, and even jail time in some cases.
Rebuilding your driving career
After a DUI arrest, it's important to understand the steps required to regain your CDL, such as attending a court hearing, completing any required classes, or serving a suspension period. Taking these steps can help restore your ability to drive commercially.]]>