Raybin & Weissman, P.C. is pleased to announce that seven of our clients obtained pardons from Tennessee Governor Bill Lee on December 20, 2024. This is a result that allows our clients to move forward from criminal convictions with forgiveness from the state and full restoration of their rights. If...

Author: Ben Raybin Contrary to popular belief, throwing objects or even touching someone can be considered domestic assault if the individual finds the contact offensive. If prosecuted under state law, you could face imprisonment, steep fines, and mandatory counseling, among other punishments. Given the harsh penalties under Tennessee law, it...

Author: Ben Raybin If you are facing allegations of domestic violence, you must take these accusations seriously. Domestic violence does not necessarily have to involve physical touching but can result from an individual feeling threatened by your behavior. If convicted, you could be dealing with severe penalties. This does not...

No matter what state you reside in, driving under the influence is a serious offense, punishable by imprisonment, fines, and license revocation. The offense cannot be expunged from your record if you have been convicted of a DUI in the Volunteer State. However, if the charge was dismissed, then you...

Although the crime of indecent exposure may seem relatively harmless (merely offensive), the Tennessee legislature has imposed harsh penalties on offenders. Depending on the circumstances and if you have prior offenses, indecent exposure may be charged as either a misdemeanor or felony. Simply being accused of indecent exposure can permanently...

Pedestrians have as much of a right as motorists to be on the road. At one time or another, most of us have been pedestrians, making us aware of the dangers of sharing the road with motor vehicles. Although pedestrians have a right to walk on any road in the...

Disorderly conduct is considered any act that disturbs the peace or safety of the general public. Although it is a misdemeanor offense in Tennessee, which can land you in jail for up to 30 days, the punishment does not end there. You will also have a criminal record, making finding...

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...

The answer to “How long do they hold you for public intoxication in Tennessee?” will significantly differ based on the specific circumstances of each case. Under Tennessee law, the police are legally required to take into protective custody intoxicated people who are not violating the law instead of arresting them....

Aggravated stalking involves an offender stalking someone, and one or more of the following aggravating factors apply to the current stalking offense: The offender brandished a deadly weapon. The offender had a prior stalking conviction within seven years of the current stalking incident. The stalking victim is below 18 years...

If you have ever watched a police procedural and legal drama such as Law & Order, you are used to hearing a criminal suspect being read Miranda rights. Most people assume that if you are arrested, your Miranda rights must be read to you, but that is not always the...

Facing criminal charges can be intimidating. Whereas being charged with a crime is often preceded by an arrest, there are situations in which you can be charged with a crime without being taken into police custody. It is even possible that you could receive a notification that you must appear...

A DUI comes with severe penalties. With a conviction heavily based upon chemical testing, you may feel the urge to call your attorney the next time a police officer pulls you over. But do you have the right to refuse testing? In this article, our TN DUI defense lawyers discuss...

In 2021, there were 67,590 cases reported of domestic violence in the Volunteer State. If charges are pressed against you, you will be charged with domestic assault under Tennessee law. A person can be charged with domestic assault if they injure or cause another person fear of injury or if...

Parole is a condition of early release for some inmates serving jail or prison sentences, and the rules for successful completion of parole are exacting. Having a better understanding of what’s expected of you can help to ensure that you are successful and having an experienced Nashville criminal defense attorney...

If you’re facing a DUI charge, you’re facing considerable fines and financial penalties in addition to how heavily a jail sentence and its social consequences can weigh on your life. While you may have serious concerns about what hiring an experienced Nashville DUI defense attorney is going to cost you,...

If you have been accused of a crime, you are probably wondering about the stages of a criminal case. Many criminal defendants have no idea of court procedures and how long it will take for their case to resolve. The foremost question on your mind may be, “How many times...

In December of 2023, Governor Bill Lee issued 22 pardons. These pardons gave past offenders the chance to start over. The governor of Tennessee has the power to pardon anyone convicted of a crime. To be eligible for a pardon, an applicant must have completed his or her prison sentence...

An order of protection is a court order that may be filed against you in domestic violence, abuse, or sexual assault cases. The order of protection can be obtained by someone who alleges that you hit or threatened to cause them physical harm. This person may or may not have...

In a recent year, there were over 84,000 domestic violence offenders in Tennessee. Also known as domestic abuse, domestic violence is a pattern of abusive behavior used by one partner to gain control over another person. The police are often told to arrest the “primary aggressor” when receiving a domestic...

The implications of a criminal record can affect your ability to live a quality life. Even an arrest will show up on your criminal record, which can be seen by a potential employer. Additionally, you may be unable to attend a certain college, get your professional license renewed, and lose...

If you are facing criminal charges, the ramifications of a conviction can be life-altering. If the court’s ruling is not in your favor, you have the right to appeal the decision if you believe that there was an error during the trial or sentencing. The criminal defense lawyers at Raybin...

Yes. You can get a DUI in Tennessee even if you are not driving. This means you can get arrested by the police and charged with DUI even if you were not physically driving your vehicle and they don’t have proof that you were driving. A DUI conviction, even if...

Your driver’s license can be taken away after one DUI in Tennessee. If you are convicted of a first-offense DUI in Tennessee (or a violation of the implied consent law for refusing a breath or blood test), your license will be revoked for one year. You can, however, apply for...

In many situations, you may be prohibited from owning a gun or other firearms if you are arrested for domestic assault in Tennessee. Under the law, if the responding officer reasonably believes that you have committed a domestic violence offense, they have the right to confiscate any weapons, including a...

You should not take domestic violence charges lightly because a conviction can result in severe penalties and personal, professional, and social consequences for a long time. Domestic violence charges are often referred to as family offenses because of the victims involved. Domestic violence crimes are those committed against family members,...

Tennessee Code Annotated 55-10-416 makes it absolutely illegal for the driver of an automobile to possess an open container of alcohol. The law does not forbid a passenger from possessing alcohol or other persons not in an automobile from possessing an open container. However, despite the fact that Tennessee law...

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...

Imagine you had to defend yourself from an attacker. It was a terrifying experience, but you managed to fight them off, as you were armed and, therefore, escaped unharmed. Unfortunately, the attacker was not so lucky. They were badly injured and later died in the hospital. This type of case...

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...

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...

Tennessee courts take domestic violence cases very seriously. If you have been accused of or arrested for a domestic violence-related offense, you must be ready to defend yourself or face the harsh punishments of a conviction. The Tennessee domestic violence lawyers at Raybin & Weissman can help with various domestic...

While getting arrested is a scary experience for anyone, it can be even more terrifying and stressful when you get arrested while visiting another state. If you live in another state and get arrested in Nashville, TN, for instance, you just can’t go home and pretend that it did not...

Depending on the circumstances, a person arrested for domestic violence may have been lawfully acting in self-defense. Domestic violence victims are usually terrified for their safety. Fortunately, everybody has the right to protect themselves from any kind of harm under the right circumstances, even if their actions would typically be...

In Tennessee, criminal charges are classified into misdemeanors and felonies. In general, if the crime carries jail time of less than a year, it is considered a misdemeanor. If the offense carries more than a year of jail time, it is considered a misdemeanor. The differences between a felony and...

The number of people arrested for driving under the influence (DUI) in 2022 was 17,794, which is a significant decline from 19,656 in 2021. While the number of DUI arrests has decreased, people are still driving while drunk or drugged. Drunk or drugged driving is an immensely serious offense that...

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...

In recent years, increased security concerns have highlighted the need to understand and address various trespassing offenses. One such offense - aggravated criminal trespassing in Tennessee - has gained attention due to its specific elements and potential consequences. So, how does this charge differ from general trespassing? Getting a Better...

A criminal defense attorney is one of the first people you should call following an arrest in Davidson County, TN. Whether you are facing accusations of a misdemeanor or felony offense, there might be serious penalties if you are convicted. You want someone to protect your rights and ensure you...

We all know that trespassing is illegal. But what many people may not know is that there doesn’t need to be any vandalism, theft, or property damage involved for a person to be charged with criminal trespassing. Property owners have the right to prevent others from accessing their property. In...

Courts in Tennessee take restraining order violations very seriously. An Order of Protection, commonly called a restraining order in Tennessee, is an order issued by a judge that orders someone that’s harming the person that petitioned for the order to stop what they’re doing or face the consequences of violating...

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...

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,...

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...

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...

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 deemed unreasonably offensive, or that could lead to harm. If you’re...

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...

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...

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...

A Frequently Asked Question About Disorderly Conduct In a recent Tennessee Court of Criminal Appeals decision in State v. Teddy Ray Mitchell, the court found that the Defendant’s actions by arguing with police officers did not violate the law against disorderly conduct. In this case, the Defendant attended a rally...