The Fifth Amendment to the US Constitution protects criminal defendants from being forced to incriminate themselves. Understanding the importance of protection against self-incrimination is critical in the age of social media.  While your social media posts generally aren’t forced, they can still incriminate you. The prosecution may review your social media posts and try to [...]

When you are arrested and charged with a crime, you may end up making multiple appearances in court, depending on the type of charge and how you plead. No matter what your situation, it’s important to know how many times you may need to appear in court after an arrest, because failure to show up [...]

These days, technology is seemingly used everywhere to make identifications. There are cameras at intersections that take photographs of your car.  There are cameras at the entrances of many stores, offices, and other buildings. Many of these buildings even have cameras throughout their premises. Many homeowners install security cameras. Virtually every smartphone comes with a [...]

The criminal justice system is far from perfect, and it can have real world consequences. Wrongful convictions cost defendants their freedom, their reputation, their ability to earn a living, and possibly their lives. A wrongful conviction also affects the families of anyone who is wrongfully convicted. According to the National Institute of Justice (NIJ), an [...]

Several new criminal statutes become effective in 2024. At Delius & McKenzie, PLLC, our criminal defense lawyers understand the latest laws that may affect you in the event any criminal charges are filed against you. The Tennessean recently discussed some of these laws. Generally, statutes that are passed in Tennessee in 2023 become effective on [...]

Many people encounter times when they need to defend themselves in physical altercations. While it may sound simple to claim self-defense when you are physically attacked or threatened by another person, it can actually become very difficult to prove that you legally acted in self-defense and did not take things too far. It is important [...]

Consent is a common defense to many different types of sex crimes and offenses including rape, sexual assault, and sexual abuse. “Consent” is also a legal term of art. The precise definition may vary from state to state and from one offense to the other. Our criminal defense lawyers understand when defendants can argue consent [...]

Experienced criminal defense lawyers understand even when the defense lawyer asserts every argument possible in the strongest way possible, that a jury may decide against the client, perhaps because the prosecutor didn’t follow the rules of fair play or because the judge made decisions that were legally wrong. Our Sevierville defense lawyers file appeals of [...]

Since the early 1980s, schools have put policies into place in order to best serve the needs and safety of students. From elementary school to college, there are certain rules that students must follow or else face consequences. These consequences are not limited to just being written up, detention, or suspension, but can actually have [...]

As American citizens, we are entitled to several rights and protections to help ensure we are all treated fairly by the law. Freedom of speech and the right to bear arms are common examples of these rights, but they are not the only ones. Just as important — and perhaps even more-so in some ways [...]