Protecting Your Rights: How Criminal Defense Lawyers in Davidson County, Tennessee Can Help You Fight Criminal Charges
The criminal justice system is one of the most complex areas of law. If you have been arrested, your first step is to discuss your case with a Nashville criminal defense lawyer as soon as possible. Your lawyer can advise you about what to expect moving forward and, depending on...
Nashville attorney David Raybin weights in on video of security guard
Some people believe an armed security guard used excessive force outside a bar on Demonbreun Street and now there’s question about whether this guard will face criminal charges.
What Are The Most Dangerous Intersections and Roads in Nashville?
The various roadways and intersections in Nashville fuel valuable access to jobs, education, recreation, and visiting family and friends. The city’s significant growth indicates a need for more roadways to facilitate efficient travel. However, this growth comes at a price for the people who bike, walk, ride transit, or utilize...
Do You Want to Sue Your Abuser?
One of the most heart-wrenching and traumatic things that anyone can experience is sexual abuse. Whether the incident happened when you were a child or an adult, years ago or days ago, the damages and negative consequences you can suffer can change your life forever. Your abuser should be prosecuted...
What Is A Tennessee Order of Protection?
In Tennessee, domestic violence, stalking, and sexual assault victims can ask the court for an order of protection, also known as a protective or restraining order, that bans an alleged abuser from harming or contacting them. If the alleged abuser violates an order of protection, they face arrest, costly fines,...
Imposter police officers in Nashville Tennessee. Attorney David Raybin comments on this most recent case.
Along with shoppers and security, dressed in dark navy, walking the halls of Opry Mills mall on Friday, April 21, was Nick Jordan. He strolled among side other security, many wearing the word “police” on vests or patches. Jordan, wearing a gun like his peers, also wore one of the...
What to Do If You Are Sexually Assaulted on Campus
Sadly, sexual assault incidents on college campuses are more common than people might think. In fact, one in two transgender students, one in female students, and one in 16 male students will be sexually assaulted or experience an attempted sexual assault while in college. Unfortunately, only 20% of students who...
Do You Have to Post No Trespassing Signs in Tennessee?
Entering or remaining on someone else’s property without the owner’s consent is called criminal trespass in the State of Tennessee. Property owners who want to lower the risk that someone will trespass on their property can post no trespassing signs, which let outsiders know that trespassing is strictly prohibited on...
Could You Be Charged with Domestic Violence?
A conviction on a domestic violence charge can have serious consequences that include jail time, fines, and a decrease in social standing. Effectively fighting domestic violence charges is challenging, but the consequences of failing to do so can be life-altering. Protect your legal rights and your future by reaching out...
What Is Disorderly Conduct?
Disorderly conduct laws are designed to help keep the peace, which is a means of helping to keep the public safe. Disorderly conduct laws are a primary example of laws the State of Tennessee employs to help reduce behavior that is deemed unreasonably offensive or behavior that could lead to...
Charges for Disorderly Conduct Arrest in TN
Tennessee has disorderly conduct laws in place to ensure everyone’s peace and safety. When a person engages in any conduct that might lead to a disturbance or cause some kind of non-peaceful incident, the law considers this disorderly conduct, which is also known as a breach of peace. However, this...
Who is Liable If You Are Injured by a Bouncer in TN?
A lot of people mistakenly believe that bouncers have the unrestricted authority to remove people from bars and clubs, use physical force against people, or beat up people. Contrary to what you’ve seen in TV shows or films, bouncers can only use reasonable force to remove people from the premises...
Who is Liable if a Government Vehicle Hits Me?
Motor vehicle accidents are stressful enough when they involve privately owned and operated vehicles. However, getting hit by a government vehicle can be even more overwhelming and leave you wondering whether you can get compensated for your losses at all. But that does not automatically mean you cannot recoup for...
What Happens If I Get Injured in an Event Because of Lack of Security?
Millions of hyped-up people go to concerts, sporting events, festivals, and other events every year. While there are security personnel and measures are in place in these events, the seating areas are usually packed, and standing-only events are cramped because of everyone scrambling to get closer to the best spots....
Understanding Your Right Penalties For Public Intoxication
Simply being drunk or intoxicated in public isn’t a crime in Tennessee, as long as you do not act like it. However, before drinking any kind of alcohol drink, you should know that the police could still pick you up for public intoxication, although they may offer you treatment instead...
If a Bouncer Assaults Me, Can I Sue the Bar?
Although many people think that bouncers have special rights or privileges in Tennessee or that they are law enforcement officers, this isn’t true. Bouncers have no special rights or protections other than those afforded to everyday people. They don’t have the right to use force whenever they feel like it....
If You Are in a Fight With a Bouncer, Here is What You Need to Know
In Tennessee, it’s common to see bouncers or security guards at bars, nightclubs, concerts, festivals, and even some sporting events. Their job is to help keep people safe and to maintain the peace. Generally, they are good at what they do and can be trusted. However, there are times when...
Can You Sue a Bar or Nightclub for Assault?
Nashville bars and nightclubs are popular places to go out, relax, and have some fun. However, with big crowds, the consumption of alcohol, and other factors present in nightclubs, sometimes things can go awry. If you were injured or assaulted at a nightclub, you might be wondering what your rights...
Check out this new coverage on Ben Raybin’s successful defense of his client
“Holly Lamar, a master falconer and owner of a Nashville ‘bird experience’ business, has a story to tell about each one of her 13 captive-bred birds of prey.” Read more here.
Can You Go to Jail for Fighting in Public?
Maybe you had a little too much to drink at the bar one night and let a disagreement get out of hand. Or perhaps you were standing up for someone or trying to prove a point. Whatever your reasons and the specific circumstances, you were caught fighting in public. Now...
What Is Considered Disorderly Conduct?
In general, disorderly conduct laws allow the state to keep residents and visitors free from behavior that could harm themselves or others or unreasonably offensive behavior. Under Tennessee law, disorderly conduct is defined by several different actions. Tennessee enacted these laws to maintain public safety, making it illegal to take...
What are Your Options if a Bouncer Uses Force?
You and your friends are out for a well-deserved night on the town. Everyone is having a good time - until a verbal argument suddenly breaks out between your group and another. Before you know it, the argument turns into a physical altercation. A nearby bouncer gets involved in trying...
'Ordeal' over for woman whose birds were seized in TWRA raid
We are pleased to announce that all charges have been dismissed against Ben Raybin’s client, who had been arrested for regulatory violations regarding her birds of prey. Read Here.
Can You Sue a Bar for a Fight if Injured?
It’s been a stressful week at work and home. It’s Friday, and you just go paid. All you want to do is have a few beers with your friends before you head home after work for the weekend. However, another group walks into the same bar with different ideas. They...
Judge calls TWRA raid 'illegal' and demands seized birds be returned to owner
A Davidson County judge ruled the Tennessee Wildlife Resources Agency illegally searched the home of a Davidson County woman. Read more here.
What are Disorderly Conduct Crimes?
Disorderly conduct is a misdemeanor offense in Tennessee. Even still, it can leave a criminal record in its wake and severely damage your reputation. You will be convicted of a Disorderly conduct crime if the state prosecutor can prove beyond a reasonable doubt that you were in a public place...
Attorney Ben Raybin Elected to NBA Board of Directors
Attorney Ben Raybin of Raybin & Weissman, Attorneys at Law, was recently elected by fellow lawyers across the city to the Nashville Bar Association’s Board of Directors. Mr. Raybin will serve a four-year term beginning in 2023. He had previously served as co-chair of the Criminal Law and Justice Committee...
David Raybin's Article Published In Tennessee Bar Journal
Read David Raybin’s article “The Truth About Truth in Sentencing: Tennessee’s Experience” published in Tennesse Bar Journal here.
Nashville criminal defense lawyer David Raybin called Nashville airport police response "clearly inappropriate."
“Nashville airport officials refuse to answer questions after officers threaten arrests” Read more here.
What is Disorderly Conduct in Tennessee?
Imagine that you disagree with another patron at a Nashville bar. All you do is get into an argument that leads to yelling, so you do not believe you have violated the law. But the police arrive, and you’re arrested and charged with disorderly conduct. Suddenly, you have a significant...
Gov. Bill Lee grants clemency to 16, expedites parole eligibility for 30 following state law update
“Congratulations to Ben Raybin’s client, who was among 13 people granted pardons on Thursday. A pardon restores civil rights lost after a felony conviction and allows for the record to be completely expunged. Only about 5% of applicants receive clemency in Tennessee.” Read more here.
Attorney David Raybin discusses recent Tennessee Supreme Court decision against life sentences against juvenile offenders.
“Raybin & Weissman, P.C. discuss the Tennessee Supreme Court decision that juvenile life sentences are unconstitutional” Read more here.
Assault Charges In Tennessee
Many disagreements can escalate into an incident that may result in an assault charge. For example, if you get into an argument in a restaurant with a server and threaten them verbally, this could be charged as assault, even if you never touch them. If you are convicted of assault...
Our very own David Weissman, represents rural hospital owner who is Sueing the city of Celina, TN
“When seconds count, some people in the Midstate must go an extra 17 miles to get emergency care. For this reason, a Clay County hospital owner is taking the city and county to court.” Read more here.
Attorney David Raybin, hopeful for a chance at parole for clients
“Why Tennessee juveniles sentenced to life for murder now have path to release.” Read more here.
Attorney Ben Raybin speaks on behalf of Paavola family
“Man, who killed gym owner with ax in Nashville, sentenced with murder.” Read more here.
Ben Rayin Representing Deputy Hoover in Excessive Force Case
Attorney Ben Raybin is representing former Putnam County Sheriff’s deputy Micheal Hoover in an excessive force case against another deputy. See the Channel 5 news report here
Criminal Defense attorney David Raybin defending officer
“Ex-officer convicted in fatal shooting out of Nashville jail.” See the ABC news report here.
Nashville lawyer David Raybin explains Tennesees's "trigger law"
“‘There is no exception’ Nashville attorney breaks down Tennessee’s trigger law.” Read more here.
Nashville defense attorney David Raybin, says many people have come to him with how to get abortion pills legally
“Tennessee’s abortion battleground changes after Roe.” Read more here.
Press Release: ‘Active discussions’ are underway about a class action lawsuit against DCS
By Ben Hall, News Channel 5 Nashville NASHVILLE, Tenn. (WTVF) — Ongoing problems at the Department of Children’s Services could lead to a class action lawsuit on behalf of all kids in Tennessee’s foster care system according to a prominent Nashville attorney. David Raybin was one of the attorneys involved in...
"'Active discussions' are underway about a class action lawsuit against DCS."
Attorney David Raybin gives his thoughts after handling similar cases. Read more here.
6th Circuit Court sacks immunity for Lawrenceburg cop in 2018 shooting
by Jamie Satterfield, Tennessee Lookout May 12, 2022 In a rare move, a federal appellate court is stripping a Tennessee cop of immunity in the 2018 fatal shooting of a mentally ill man who stood 30 feet away with a knife held at his side when fired upon. The 6th...
David Raybin is a legal expert, vocalizing the truth
“Top legal expert calls truth in sentencing law ‘a disaster’.” Read more here.
Firearm Rights Restored in Tennessee for “Non-Violent Felony” Offender
“Can I get my firearm rights restored?” This is one of the most common questions we get asked. A recent case has expanded people who are eligible for their Second Amendment rights to be restored. In short, you may be eligible to get your firearm rights restored if you have...
Withdrawal of Voluntary Dismissals
Case: George Gary Ingram v. Dr. Michael Gallagher et al. Facts: In this healthcare liability action, the plaintiff initially sued the doctor and the hospital. The plaintiff voluntarily dismissed the action without prejudice against the hospital. The doctor subsequently filed an answer to the complaint, stating that the...
Malicious Prosecution
Case: Kenneth J. Mynatt v. National Treasury Employees Union, Chapter 39 Et Al. Facts: Plaintiff sued Defendants for malicious prosecution after a criminal charge against Plaintiff prompted by Defendants was “retired” and then dismissed. Defendants moved to dismiss the suit, contending that the retirement of the criminal case...
Governmental Tort Liability Act
Case: Penny Lawson et al. v. Hawkins County, TN et al. Facts: After a fatal road accident, Plaintiffs sued municipal Defendants for negligence, gross negligence, and recklessness in Defendants’ response to a road washout that led to Decedent’s death. The trial court dismissed the case on the grounds...
Criminal Jury Instructions
Case: State of Tennessee v. Lynn Frank Bristol Facts: In a sex abuse trial, the trial court’s written jury charge failed to include instructions regarding the indicted offenses and several relevant definitions. However, the transcripts reflects that the oral charge differed significantly from the written charge and did...
Consecutive Sentencing
Case: State of Tennessee v. Quinton Devon Perry Facts: Defendant pled guilty to several counts of aggravated sexual exploitation, and additional counts of aggravated sexual exploitation of a minor where the number of exploitive materials exceeded twenty-five. The trial court ordered partial consecutive sentencing on the basis that...
Competitive Cable and Video Services Act
Case: City of Knoxville v. Netflix Certified Question of Law From Federal Court: “Whether Netflix and Hulu are video service providers, as that term is defined in the relevant provision of the CCVSA, Tenn. Code Ann. § 7-59-303(19).” Review Granted: January 19, 2022. Prediction : The Hot List...
Former prosecutor David Raybin, explains Nashville Waffle House Shooting Case
“Jury Selection Starting in Nashville Waffle House Shooting.” Read more here.
Prosecutorial Misconduct Standard of Review
Case: State of Tennessee v. Tyler Ward Enix Facts: On appeal, Defendant raised six challenges to the State’s closing argument. The State argued all but one of those challenges were waived because Defendant failed to object during the closing argument, in the motion for new trial, or both....
Health Care Liability Act: Vicarious Liability Claims
Cases: Beverly Gardner v. Saint Thomas Midtown Hospital Dennis Harold Ultsch v. HTI Memorial Hospital Corporation Facts: In two unrelated cases, the plaintiffs initially filed suit against hospitals for vicarious liability of their agents and provided the requisite pre-suit notices. The plaintiffs then sought to add the agents as...
Expert Testimony Against Co-Defendant in Health Care Liability Case
Case: Brittany Borngne Ex Rel. Miyona Hyter v. Chattanooga-Hamilton County Hospital Authority Et Al. Facts: Plaintiff filed a Health Care Liability Act claim against various defendants generally alleging Nurse was negligent in calling Doctor too late after failing to timely recognize a serious medical issue. During Doctor’s deposition, he...
Criminal Savings Statute
Case: State of Tennessee v. Marvin Maurice DeBerry Facts: Defendant was convicted of driving after having been declared a motor vehicle habitual offender (“MVHO”). After his conviction but prior to his sentencing, an amendment to the statute that was the basis of his MVHO conviction went into effect,...
Arrests Outside Officers’ Jurisdiction
Case: State of Tennessee v. Corey Forest Facts: Defendant was arrested for possessing contraband found during a traffic stop. Notably, the stop was initiated by a City of Columbia police officer outside of the Columbia city limit. Defendant filed a motion to suppress, contending, among other things, that...
Forgery Convictions
Case: State of Tennessee v. Ronald Lyons, James Michael Usinger, Lee Harold Cromwell, Austin Gary Cooper, and Christopher Alan Hauser Facts: The Defendants, who were upset with various government officials, electronically submitted baseless lien filings against them with the Secretary of State’s office. The Defendants were convicted on...
Expungements
Case: Recipient of Final Expunction Order v. David B. Rausch, Director of TBI Facts: The Plaintiff in this case received and completed judicial diversion for a criminal offense. Plaintiff then obtained an Order from Circuit Court directing that all public records regarding the offense be expunged and destroyed....
Drug Free School Zones
Case: State of Tennessee v. Douglas E. Linville Facts: Defendant was convicted and sentenced under the Drug Free School Zone for possessing drugs near a park. Pursuant to the “School Zone” law, the record reflected the Defendant was to be punished one classification higher, but the judgement form...
Comparative Fault and Attorney’s Fees
Case: Pryority Partnership v. AMT Properties, LLC, Et Al. Facts: In this action involving a commercial lease, the trial court granted judgment in favor of the lessee, determining that the lessor had materially breached the lease. The court further determined that the lessor was liable for negligent misrepresentation,...
Speedy Trial
Case: State of Tennessee v. William Eugene Moone Facts: Defendant was convicted of attempted second degree murder and unlawful employment of a firearm. Among other issues, Defendant argued he was denied the right to a speedy trial. On appeal, Defendant contended that the speedy trial issue should be...
Probation Violations
Case: State of Tennessee v. Craig Dagnan Issues: When determining the consequence of a probation violation, must a trial court make additional findings? Is the determination subject to appellate review? Facts : At a probation revocation hearing, the trial court found Defendant violated the terms of his probation and then...
Mootness
Case: Elijah “LIJ” Shaw Et Al. v. Metropolitan Government Of Nashville And Davidson County Facts: Homeowners sued City challenging a City code provision that prevented Homeowners from serving customers at their home-based businesses. The trial court granted summary judgment to the City, concluding that the client prohibition had a rational...
Ineffective Assistance of Counsel
Case: Tommie Phillips v. State of Tennessee Facts: In a petition for post-conviction relief, Defendant contended his trial attorney was ineffective for failing to move to suppress his statement on Fourth Amendment grounds (although the trial attorney did move to suppress on Fifth Amendment grounds). Intermediate Decision: ...
Health Care Liability Act
Case: Donna Cooper, Et Al. v. Dr. Mason Wesley Mandy, Et Al. Issue: Does the Health Care Liability Act apply to claims of intentional misrepresentation or medical battery? Facts : Patient filed a lawsuit alleging that Provider intentionally misrepresented that the treating doctor was board certified and also committed medical...
Attorney Fees after Dismissal
Case: Mindy Donovan v. Joshua R. Hastings Issues: How should attorney fees be calculated after a motion to dismiss is granted? Facts : Homeowner sued Contractor regarding a contract dispute. Contractor filed a counter-complaint, and then an amended counter-complaint. Homeowner filed a motion to dismiss Contractor’s amender counter-complaint, which was...
Andrew Delke Guilty Plea
Defense Team Statement Nashville, Tenn. — This is a joint statement by attorneys David Raybin, John M. L. Brown, and Kristin Ellis Berexa. Each of us are in separate law firms; we and our support staff joined together to form a defense team representing Andrew Delke. Earlier this morning, Andrew...
Jennette Lawsuit Alleges Inmate Killed by Excessive Force
Firm attorneys David Weissman and Ben Raybin, along with attorney Rob Gritton, have filed a lawsuit which has recently received extensive local and national news coverage. The following is a statement regarding the case: Our thoughts are with Mr. Jennette’s three daughters who suffered the loss of their father....
Tennessee Life Sentence Parole Eligibility May Be Reduced
Natalie Allison Nashville Tennessean 4.27.2021 category: In The News A major criminal justice reform initiative pushed for years by advocates has finally passed a significant milestone in Tennessee. It’s a measure that would offer a life-altering second chance for inmates serving life in prison to prove they have been rehabilitated. Currently, a...
Ben Raybin and the Tennessee Supreme Court Case Ruling
The Tennessee Supreme Court issued a unanimous decision today in favor of attorney Ben Raybin’s client, who had been charged with a drug offense. In the case, law enforcement surrounded Ben’s client home while looking for a wanted suspect. She finally came out at gunpoint and eventually agreed to let...
Explosive Growth of Life Sentences in Tennessee Hits Minorities Hardest, Report Finds
Adam Tamburin – Nashville Tennessean 2.18.2021 Tennessee’s criminal justice system increasingly relies on life sentences, a new analysis shows, a phenomenon straining the state’s prisons and budget. The population of so-called “lifers” in Tennessee prisons has grown by 87% since 1970, according to the report released Wednesday by Washington D.C. nonprofit The Sentencing Project. An...
Self-Defense Laws Could Protect Man Who Killed Prankster During Fake Robbery
David Raybin speaks on self-defense laws in recent interviews with WKRN and WSMV. Read more about this fake robbery incident & David’s input: https://www.wkrn.com/news/crime-tracker/self-defense-laws-could-protect-man-who-killed-prankster-during-fake-robbery/ https://www.wsmv.com/news/fatal-youtube-prank-gone-wrong-would-have-violated-platforms-policies/article_40ac0806-6b57-11eb-ba93-db6704dbf84d.html
Violent Robbery Suspect Was Out on Supervised Probation Based Off of Judge’s Decision
David Raybin provides insight on a local case in which he is not representing. Read more about David Raybin’s input in this WZTV news article: https://fox17.com/news/local/violent-robbery-suspect-was-out-on-supervised-probation-based-off-of-judges-decision
Claiming Unrest Potential, Officer Wants Murder Trial Moved
Potential for civil unrest has helped for David Raybin to act in the best interest of his client. Read more in this Associated Press article: https://apnews.com/article/nashville-trials-shootings-police-coronavirus-pandemic-3fcd4da94696f92a9c7635f7d862e817
Statutory Damages Cap
Case: Cynthia E. Yebuah et al. v. Center for Urological Treatment, PLC Facts: In this health care liability case, a jury awarded Patient $4 million in noneconomic damages and $500,000 to Spouse for loss of consortium. The Defendant argued that the statutory damage cap should reduce the totality...
Prosecutorial Misconduct
Case: State of Tennessee v. Edward Walsh Facts: Defendant contends that the prosecutor made an improper statement in closing argument. Defendant did not make a contemporaneous objection at trial but did raise the issue in his motion for new trial. Appellate Decision: The intermediate court applied a...
Loss of Consortium in Claims Commission Cases
Case: Steven Kampmeyer, Et Al. v. State of Tennessee Facts: Husband filed a claim for damages against the State in the Division of Claims Administration regarding a car accident. The claim was transferred to the Claims Commission, and then Husband and Wife filed a joint complaint for damages...
Insurance Payments to General Contractors
Case: Affordable Construction Serv. v. Auto-Owners Ins. Co. Facts: In this federal diversity case, Construction Company seeks the recovery of money from Insurance Company allegedly due under a purported construction contract between Construction Company and an HOA. The HOA had property insured by Insurance Company, who hired Construction...
Gang Evidence and Premeditation
Case: State of Tennessee v. Jeremy Reynolds Facts: Defendant was convicted of first-degree premeditated murder. Over the defense’s objection, the State introduced evidence of gang affiliation “for the purposes of establishing the Defendant’s identity and completing the story.” Appellate Decision: The intermediate court first held there was...
Raybin & Weissman Will Appear in the Best Lawyers in America© 2021
Raybin & Weissman is pleased to announce the acceptance of the award for “Best Lawyers in America” for 2021. Read more about this prestigious award: https://www.wfmj.com/story/42654448/raybin-weissman-will-appear-in-the-best-lawyers-in-america-2021
Res Judicata
Case: Regions Bank v. Nathan I. Prager Facts: After Plaintiff’s first suit was dismissed for failure to prosecute, Plaintiff filed a Motion to Reconsider. The trial court denied the motion but said the dismissal was neither “with nor without prejudice” and the Plaintiff was “welcome to refile.” Relying on that...
Parental Right Termination
Case: In Re Mattie L. Facts: Mother petitioned to terminate Father’s parental rights. Father was arrested shortly before the trial and did not appear. The trial court held a trial without Father and held two grounds for termination had been proven by clear and convincing evidence: abandonment by...
Juvenile Life Sentences
Case: State of Tennessee v. Tyshon Booker Facts: Defendant received a mandatory life sentence for a murder committed with he was sixteen years old. Defendant argued that “an automatic sentence of life imprisonment (with release no sooner than fifty-one years) is unconstitutional for a juvenile” based on the...