Gene Scott, Attorney at LawGene Scott, Attorney at Law2026-09-03T15:12:16Zhttps://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 should you remain silent during a Tennessee investigation?]]>https://www.genescottlaw.com/?p=2511422026-09-03T15:12:16Z2026-09-03T15:12:16ZCommon mistakes to avoid when questioned by police
The Fifth Amendment protects your right against self-incrimination. In certain circumstances, Tennessee law enforcement must also advise you of your Miranda rights before a custodial interrogation. These include not answering questions and the right to have an attorney present. Understanding these rights help you avoid common mistakes that can undermine them, including:
Answering questions without understanding your rights: You generally do not have to answer investigative questions simply because an officer asks them. However, choosing not to answer does not mean you can disregard every lawful police instruction. Knowing the difference can help you avoid giving information unnecessarily while still complying with lawful commands.
Continuing to talk after asking for an attorney: If you are being subjected to custodial interrogation, clearly state that you want an attorney. Under Tennessee law, an invocation of the right to counsel must be sufficiently clear that a reasonable officer would understand it as a request for an attorney. If you request counsel, avoid answering substantive questions about the investigation until you have had an opportunity to consult with an attorney.
Lying to law enforcement: While the right to remain silent does not give you the right to lie, choosing any other course of action , such as answering dishonestly , can be used against you.
Even small missteps during questioning can shape how an investigation unfolds, sometimes in ways that are difficult to undo later. Recognizing these risks early is often the first step toward protecting yourself effectively.
When to consider speaking with a criminal defense lawyer in Tennessee
If police are questioning you about a potential criminal offense, you do not have to assume that explaining your side will resolve the investigation. A Tennessee criminal defense lawyer can review the circumstances, explain how your rights apply and help you decide how to respond.
]]>On Behalf of Gene Scott, Attorney at Law<![CDATA[How to defend against domestic assault charges?]]>https://www.genescottlaw.com/?p=2511412026-08-23T22:03:00Z2026-08-23T22:03:00ZHow Tennessee defines domestic assault
Tennessee law defines domestic assault as causing or trying to cause bodily injury to a family or household member or making that person fear immediate bodily injury. That relationship may include current or former spouses, people who live together and people in a dating or family relationship. Because these cases involve victim safety, the court may impose bond conditions or no-contact orders.
These cases may still move forward even if the reporting party later wants to withdraw the complaint. Early preparation can help a defendant respond to the charge more effectively.
Common defense strategies
Tennessee law recognizes self-defense as a possible defense when the accused reasonably believed force was needed right away to protect against another person's unlawful use of force. Evidence that supports this belief, such as witness accounts, injuries on the defendant or prior threats from the complainant, can help show the claim. Another strategy may involve challenging accusations that arose during a heated argument or ongoing dispute.
Key evidence in a domestic assault defense
Strong defenses often rely on text messages, emails, photos and recordings. Witness statements can give a different view of the incident than the police report. Audio or video recordings of the incident or nearby events can show whether the complainant's account matches what actually happened.
How domestic assault cases are evaluated in court
The prosecution must prove every part of the charge beyond a reasonable doubt. In some cases, the defense may point to gaps between what was said at the scene and what was said later. Judicial diversion may be available for first-time offenders in some cases, but eligibility depends on the charge, the defendant’s prior record and the court's discretion. More serious charges may limit or eliminate diversion as an option.
Steps to take after a domestic assault arrest
A domestic assault charge is serious, but it does not mean a conviction. The outcome depends on the facts, the evidence and the defense strategy. If you are facing this type of case, focus on saving records, following court orders and learning the charge before making decisions.]]>On Behalf of Gene Scott, Attorney at Law<![CDATA[Can the police force you to unlock your phone in Tennessee?]]>https://www.genescottlaw.com/?p=2511402026-07-31T15:47:41Z2026-07-31T15:47:41ZWhen can the police search your phone?
Police cannot search your phone without your consent during routine or random stops. Based on the precedent set by Riley v. California, a police officer can legally search your phone only when they have a search warrant signed by a judge, even if they arrest you. They may search your phone without a search warrant only if a life is at risk or another recognized emergency exists.
Can you refuse to unlock the phone?
Here is where things get a bit tricky. Your Fifth Amendment rights protect you from self-incrimination – actions that can expose you to criminal accusations. On this basis, you may refuse to unlock your phone even if they have a search warrant or arrested you.
However, this condition may apply to passcodes only. If your phone’s authenticator uses fingerprint or facial recognition, law enforcement may use them to unlock your phone.
Protect your rights
Since encounters with law enforcement can escalate quickly, it is important to understand the criminal defense laws to protect yourself. A police officer may not force you to unlock your phone without a search warrant. If you are unsure of your legal obligations, you can request for an attorney before answering questions or providing access to your phone.]]>On Behalf of Gene Scott, Attorney at Law<![CDATA[Is conspiracy enough to become a federal offense?]]>https://www.genescottlaw.com/?p=2511392026-07-15T16:41:58Z2026-07-15T15:58:45ZWhat makes conspiracy a federal crime?
Under federal law, conspiracy is a crime when two or more people agree to commit an illegal act. The agreement itself is the defining factor in a conspiracy charge. Prosecutors do not have to prove that anyone followed through with the planned offense. The mere act of planning with others creates criminal liability.
Tennessee law also treats conspiracy as a crime. However, federal charges typically arise when crimes cross state lines or affect interstate trade. Common examples include drug distribution networks, wire fraud schemes and organized criminal enterprises.
Does someone need to take action?
Federal law requires one additional element beyond the agreement itself. At least one person must take an overt act toward the crime. This act does not need to be illegal on its own. "Making a phone call, purchasing supplies or attending a planning meeting can all satisfy this requirement.
This step demonstrates that the conspiracy moved beyond discussion. That small action creates criminal risk under federal law.
What penalties do conspiracy charges carry?
Federal conspiracy convictions carry heavy penalties. The exact sentence depends on the crime that was planned. Under federal law, convictions carry a maximum of 5 years in prison and a $250,000 fine, even if the planned crime carries a much harsher sentence. However, some federal conspiracy laws allow the same maximum penalty as the underlying crime.
Courts may also order the person to give up any money or property tied to the crime. This is called asset forfeiture. Additionally, they may also impose supervised release after prison. During this period, the person must follow strict rules or face further penalties.
Handling conspiracy charges in Tennessee
The government treats conspiracy cases seriously because they target criminal planning before harm occurs. Anyone connected to a federal conspiracy investigation needs to understand their rights immediately. Remaining silent and seeking proper legal guidance can prevent making statements that prosecutors might use later. The decisions made in the early stages of these cases often determine the final outcome.]]>On Behalf of Gene Scott, Attorney at Law<![CDATA[Bail and bond: How it works in Tennessee criminal cases?]]>https://www.genescottlaw.com/?p=2511382026-07-08T14:44:02Z2026-07-08T14:42:57ZWhat is bail?
Bail is the amount a court sets for a defendant’s release, paid to guarantee future court appearances. Courts determine this amount based on factors like the severity of the charge, the defendant’s criminal history and their flight risk. If the defendant attends all scheduled hearings and complies with the release conditions, the funds are typically returned at the conclusion of the case, minus any court-ordered fines, fees and other applicable costs.
What is a bail bond?
A bail bond is a third-party arrangement, usually through a licensed bail bondsman or surety company, that helps secure a defendant’s release when paying the full bail amount upfront is not financially possible.
In Tennessee, professional bondsmen must charge state residents a flat fee of 10% of the total bond. For non-residents, the premium may range from 10% to 15%. Bondsmen may also charge a one-time initiation fee of up to $25 and a $12 state bail tax.
What types of releases are available in Tennessee?
The courts recognize several forms of release, each carrying distinct financial and legal conditions:
Cash bond: A defendant seeking release may have a family member submit the complete bail amount to the court.
Property bond: Real estate can be used as collateral if it has unencumbered equity worth at least 1.5 times the bail amount, and the owner executes a deed of trust to the court clerk.
Surety bond: A licensed bail bondsman acts as a guarantor to the court to pay the total financial obligation if the defendant fails to appear. The defendant pays the premium fee, which is non-refundable. Typically, this is 10% of the bond amount for residents or up to 15% for non-residents.
Release on own recognizance (ROR): A judge grants release based solely on the defendant's written promise to appear, with no monetary requirement.
If a defendant released on a surety bond fails to appear in court, the bonding company may pursue legal remedies and actively work to locate them to recover its losses.
Why is this knowledge important?
A criminal charge can touch every aspect of a person's life. For families confronting this situation, understanding the distinction between bail and bond removes one layer of confusion. This knowledge helps defendants and their loved ones ask the right questions and make informed decisions when mounting a strong defense against the allegations.]]>On Behalf of Gene Scott, Attorney at Law<![CDATA[Can proximity to a school impact drug charges?]]>https://www.genescottlaw.com/?p=2511352026-06-29T18:41:41Z2026-06-29T18:41:41ZIt is not uncommon for someone to face drug charges after a traffic stop or another encounter with law enforcement. However, many people may not realize that the location of the alleged offense can also affect the charges they face. In Tennessee, an alleged offense that happens near a school or another protected area can result in enhanced charges and more severe criminal penalties.
For many people, those possibilities can come as a surprise, as they might not have known that location can play an important role in the charges they can face.
Location can matter more than one expects
Tennessee’s drug-free zone law can make the crime allegations more serious if they happened within 1000 feet of a school or any other protected area. In this situation, the location of the offense can become an important part of the case.This can be a difficult situation, especially in cities and neighborhoods where schools, parks and other protected areas are located near homes, businesses and public roads. Someone travelling in this area may not know they are in a protected zone.
Does a lack of knowledge matter?
The first question people generally ask is whether it matters if they did not know about schools nearby. Unfortunately, prosecutors generally do not have to prove that a person was aware of a school's location to pursue school zone allegations.This has been debated multiple times; people argue that school zone laws sometimes apply beyond school grounds and can affect people who were unintentionally near a school. However, others may argue that this law helps keep a safe environment for the children.
Every detail of the case matters
When a prosecutor asks for harsh penalties because of a school’s location, every detail can be important. The exact location of the alleged offense, how they measured the distance, and whether the evidence supports the allegation can become an important issues in the case.Because school allegations can result in increased penalties and more severe punishment, carefully reviewing the facts of the case can be an important part of building a defense. An experienced criminal defense attorney can review the facts, challenges and evidence carefully and develop a defense strategy based on the circumstances of the evidence.]]>On Behalf of Gene Scott, Attorney at Law<![CDATA[Can GLP-1 medication impact a DUI defense strategy?]]>https://www.genescottlaw.com/?p=2511342026-06-17T18:07:29Z2026-06-17T18:07:29ZGLP-1 medications have become increasingly common as treatments for Type 2 diabetes and weight management. Medications such as semaglutide and tirzepatide are now used by millions of people across the country. As their popularity grows, defense attorneys and medical experts are paying closer attention to how these medications may intersect with DUI investigations and defense strategies.
It is important to understand that taking a GLP-1 medication does not provide an automatic defense to a DUI charge. However, a medication's effects on the body may raise questions that are relevant in certain cases.
GLP-1 medications may affect the integrity of BAC testing
One of the primary ways GLP-1 medications work is by slowing gastric emptying. This means food and liquids remain in the stomach longer than they otherwise would. Some users also experience side effects such as nausea, vomiting, acid reflux and regurgitation. These symptoms can become important when a DUI case relies heavily on breath-test evidence.Breath-testing devices are designed to measure alcohol from deep lung air. However, alcohol that reaches the mouth through reflux or regurgitation may potentially affect test results. In some cases, a defense attorney may investigate whether a driver's medical condition, medication use or gastrointestinal symptoms could have influenced the reliability of a breath test.GLP-1 medications may also cause side effects that could be misinterpreted by law enforcement. Fatigue, dizziness, nausea, difficulty concentrating and other symptoms sometimes associated with these medications may resemble signs that officers commonly associate with impairment. This does not mean officers acted improperly, but it may create issues worth exploring during the defense of a case.As research regarding GLP-1 medications continues to evolve, their potential role in DUI cases may receive increasing attention and benefit from increasing relevance. Anyone facing DUI charges while taking these medications should inform their legal team as early as possible as a result. ]]>On 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.]]>