Jun 15 2021
Can I Get Arrested For Filming Cops On Duty?

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In today’s modern age, just about everyone has a smart device in their pocket or purse. These spectacular little devices allow us to do so many different things. We can talk to loved ones who live on the other side of the country, search for information online, and even take pictures and videos of the world around us.

It is this last use that has stirred up a bit of controversy over the last few years. People now have the ability to record whatever they want at a moment’s notice. Anything a person does out in public can be recorded, which has a lot of people concerned about their own privacy.

What’s more, is the problem that many law enforcement officers are currently facing, which is being recorded while working. There have been dozens of videos in recent years where police officers have been caught on video using excessive force. In an effort to prevent themselves from being filmed, some officers try to claim that recording them on the job is illegal. However, that is not the case.

Can You Record the Police?

The short and simple answer to this question is: yes.

It is perfectly legal for a civilian to film and otherwise record a law enforcement officer while they are working in a public place. Everyone has the legal right to film anything that is in a public space, whether that be everyday people or working police officers.

Filming on-duty police officers is viewed as a form of public oversight over the government. It is also protected by the First Amendment of the Constitution. This is why it is legally acceptable for someone to record an officer, even in Tennessee.

Tennessee is one of a few states where a person can only record a conversation if all parties participating within the conversation give their consent. However, Tennessee courts have ruled that this law does not apply to on-duty officers.

Recording an officer can cause a bit of a power struggle. Officers are not used to being recorded for doing their job, and many people view allowing someone to record them as a power of theirs. They get to control what people do and don’t see about them. No one wants to give up that power, especially to a stranger. This is why some officers have issues with people recording them, and why they will try to stop the recording. They may try to claim that it is illegal for someone to record them, but they are wrong.

What Will Get You Into Trouble?

While the act of recording an on-duty police officer will not get a person into trouble, there are other things a person can do while recording that could get them into a bit of trouble. No matter what a person is doing, they still need to follow police instructions and stay out of the way. If a person gets in the way of a police investigation, they can be arrested for obstruction of justice.

Due to this fact, it is important that a person filming an officer keep their distance and follow officer instruction. However, if an officer tells a person to stop filming them, the person has the right to keep doing so. They will need to remain calm, and politely inform the officer that they are expressing their First Amendment right to film the officer. Depending on the situation and the officer involved, that could be the end of it, or the officer could find some other reason to arrest the person filming them. It all depends on how the person handles the situation, and what kind of mood the officer is in at the time of the confrontation.

At the end of the day, it is legal to film an on-duty police officer while they are in a public space. This goes for filming anyone when they are in a public space. Of course, the polite thing to do would be to ask for a person’s permission, however it is not always necessary under certain circumstances.

If a person feels that they are about to witness a police officer doing something potentially wrong, then they can start recording if they want. Doing so is a part of all United States citizens’ rights. Everyone has a right to keep an eye on the government, and that includes recording police officers while they are on-duty.

So what’s your take? Can police film you too without your consent?

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Jun 4 2021
Tennessee’s Attitude Towards Hit And Run Accidents

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When it comes to hit and run accidents, Tennessee’s lawmakers don’t have a sense of humor. They created laws that deal with hit and run accidents that simply involve property damage, and for hit and run accidents that resulted in someone getting hurt. If you’re charged with a hit and run, you must understand the difference between the two types of incidents.

A hit-and-run accident that simply results in property damage isn’t the end of the world. It doesn’t matter if you hit someone’s mailbox and knocked it over or if you rear-ended their car and fled the scene of the accident. As long as only property was damaged, you’ll only face misdemeanor charges.

That changes if someone was hurt during the accident. If someone was hurt, you’ll be facing felony charges.

What Is A Hit And Run Accident?

When you were first learning how to drive a car, you should have learned that Tennessee law states that if you were involved in an accident, you’re legally required to move your vehicle into a spot where it’s not going to cause additional accidents and report the accident to the police. You’re supposed to stay at the scene until the police tell you that you’re free to go. The only exception is if you don’t have a working phone and need to go to a nearby house/business and use their phone to report the accident. Once you’ve reported the accident, you need to return to the accident scene.

You’re legally involved in a hit and run accident if:

  • You leave the scene of an accident.

  • Fail to report the accident.

  • Neglect to provide all involved parties with your identity and insurance information.

One Important Fact About Hit And Run Accidents In Tennessee

When most people hear that the police are looking for a person/vehicle involved in a hit-and-run accident, they assume that they are looking for the driver who caused the accident. That’s not always the case. In Tennessee, you are required to stay at the scene even if you were the victim of another person’s driving. If you leave, the police will start looking for you.

There have even been cases of a driver getting involved in a hit and run even though they weren’t actually involved in the accident. They became involved because it was their driving that triggered the accident. If you even suspect you were involved in the accident, you need to remain on the scene.

What If The Property Owner Isn’t There?

There are some situations where you might not be able to talk to the property owner. Examples of this would be bumping into a parked car or hitting a mailbox. Don’t assume that because the property owner isn’t there that you’re off the hook. The best response is to call the police and get them involved in the situation. Another option is to leave a note that provides the property owner with your contact information.

What Happens If You’re Convicted Of A Hit And Run Accident?

If you’re convicted of a hit-and-run accident a few different things will happen. The first is that you’ll be responsible for the traffic ticket and other consequences related to the accident. If the accident only involved property damage, you only face misdemeanor charges which includes a maximum sentence of six months in jail, probation, two points getting added to your driving record, and a $1,000 fine. You’ll also have to make restitution.

If someone is hurt during the accident, you’ll be convicted of a felony. The maximum sentence includes a fine that can be as high as $10,000, three years in a state prison, and restitution.

There have been multiple cases where the hit and run driver was convicted of both misdemeanor and felony hit and run charges.

No matter how bad things might seem following an accident, the situation will only get worse if you drive away. If you think that no one will notice, remember that between traffic cameras, cell phones, and dashboard cameras, it’s likely that there will be a great deal of footage of your vehicle, including your license plate so it won’t be difficult for the police to track you down.

 

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Jun 3 2021
What Are Statutes Of Limitations?

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Something that people may not realize, is that there is actually a time limit for when a person can be charged for a specific crime. This time limit is referred to as a statute of limitations. This is done as a way to help protect people from being accused of things they did years ago. The practice comes from ancient Greece where a statute of limitations of 5 years was placed on all crimes save for homicide, for which there was no time limit.

The practice is still used in modern law today to help prevent abuse from occurring. However, instead of a flat 5 year limitation across all crimes, specific types of crimes have different statutes of limitations.

Why Statutes Of Limitations Exist

Statute of limitations exist to protect people from prosecution for crimes that happened years ago. There are 3 main reasons for this:

  • Plaintiffs should pursue legal action the minute they are able to.

  • Waiting too long to file a claim can prevent a defendant from finding evidence needed to disprove a claim.

  • Cases that have been dormant for a long time have a tendency to be more cruel than just.

Statutes of limitations exists to keep the legal process fair for everyone.

Tennessee Statute Of Limitation Laws

There is no set limit for a statute of limitations, and they often vary from state to state. On top of being different in each state, the lengths of the limits vary depending on the crime in question.

Here in Tennessee, some of the more common crimes that have a 1 year statute of limitations include:

  • Defamation.
  • Malpractice, after it has been discovered.
  • Asbestos exposure, after it has been discovered.
  • Victim of a felony, after the conviction.

Common 2 year statute of limitations crimes include:

  • Personal injury.
  • Wrongful death.
  • False imprisonment.
  • Breach of oral contract.

Common 3 year statute of limitation crimes include:

  • Property damage.
  • Trespassing.
  • Fraud, after it has been discovered.

Common 4 year statute of limitation crimes include:

  • Breach of written contract.

Common 10 year statute of limitations crimes include:

  • Victims of serious felonies, after the conviction.

Statutes Of Limitations Exist For A Reason

It is important to remember that the law is supposed to be fair to everyone, including the people being accused of crimes. Waiting too long to accuse someone of a crime allows evidence to be destroyed, witnesses to disappear, and memories to fade. This can all make it very difficult for a defendant to properly defend themselves.

What do you think of statutes of limitations, and Tennessee’s different lengths?

Do you think some crimes should have longer or shorter lengths? Let us know what you think in the comments down below.

 

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May 31 2021
How To Get Free Legal Assistance In Tennessee

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Nearly everyone has a point in their life where they need some sort of legal advice. If you’re lucky, you have enough money that you can pay a lawyer for their time. Sadly, not everyone is in this position. The good news is that whether you need answers to a few legal questions involving how to care for an elderly parent or need a good defense lawyer for an upcoming trial, Tennessee does have free legal assistance programs.

Public Defenders

Every American should know that if they find themselves on the wrong side of the law, they’re entitled to a defense attorney. There’s a well-known line in the Miranda Rights that states, “If you can’t afford an attorney, one will be provided for you.” The reason the line is in the Miranda Rights is so that you understand that getting a good lawyer on your side is an extremely good idea.

It doesn’t matter if you are or aren’t guilty of the crime you’ve been charged with, you should have a lawyer in your corner. Even if you plan on pleading guilty they can advise you of your rights and even help negotiate a plea bargain. A court-appointed lawyer is better than no lawyer at all.

Legal Assistance And Advice

While the courts are required to assign a court-appointed lawyer to you if you’re charged with a crime, no one is obligated to provide you with free legal assistance. The good news is that there are several organizations scattered throughout Tennessee that have created programs that will provide you with either free or low-cost legal advice and assistance. If you contact an organization that doesn’t have the experience needed to help with your specific issue, they’ll likely provide you with the contact information of a group that does.

The biggest problem with using free legal aid programs is that they are usually only found in cities. Individuals who live in rural areas and small towns will usually have to look in more heavily developed areas when they need free legal counseling.

Don’t ever think that a lack of money makes it impossible for you to get your legal questions answered. There are resources out there that are far more reliable than posting your questions on social media sites and hoping for the best.

 

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May 19 2021
About Our Online Bail Bonds Program

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If you live out of state, struggle with transportation or aren’t in a position where you can make a trip to the Action Bail Bonding office, but also need to arrange to bail a loved one out of jail, you should seriously consider our online bail bonds program.

What Is Our Online Bail Bonds Program?

Our online bail bonds program is quite similar to an online car insurance program. Instead of calling, you use the Chat With Us link which immediately puts you in touch with one of our bail bond experts. During the FREE bail bond consultation, our expert will listen to the unique details of your situation. They will also discuss how the Action Bail Bonding program works. If you want us to provide the bail for your loved one, the next step is going through our online bail application process.

How Our Online Bail Program Works?

Don’t worry. You won’t be overwhelmed by our online application. It’s quite straightforward and simple. First, you’ll have to provide some basic information which includes:

  • Date of Birth
  • Address
  • Current Employment
  • Driver’s License Number
  • Phone Number

The most complicated part is explaining the circumstances of your loved one’s arrest. Most people find it that it only takes them 10 or 20 minutes to complete the application. Since our bail expert has already discussed the situation, it doesn’t take long to approve the online bail application.

Once you’ve completed the application, we review it and discuss bail bond payment plans. At this point, you’ll be sent a copy of the contract that you’ll have to sign. You can do this by either using an electronic signature program or by printing the contract, signing it and scanning the newly signed form. In addition to the signed contract, we’ll also need a photo of your driver’s license or state-issued identification card.

How Long Before Your Loved One is Free?

We can’t predict how long it will take the courthouse to file the paperwork, but we can assure you that as soon as we approve your bail contract, we work as quickly as possible to pay your loved one’s bail and get them released from jail. In most cases, the entire bail process doesn’t take long at all.

Why Choose Our Services?

In addition to creating a simple, straightforward online bail bonds program, there are several other reasons you should consider using Action Bail Bonding when you or someone you love requires Tennessee bail.

Additional reasons to contact Action Bail Bonding include:

  • 24/7 Bail Bond Service
  • FREE Consultation
  • 20% Discount
  • 0% Interest Payment Plans
  • Over the Phone Approvals
  • No Hidden Fees
  • No Collateral with Working Co-Signer
  • Easy to Understand Contracts
  • Discrete Service
  • Se habla Español

We have people on hand who speak Spanish.

Here at Action Bail Bonding, we’ve done everything in our power to make the entire bail process as fast and stress-free as possible.

For a FREE bail consultation with a professional bail agent and to get additional information about how our online bail program works, just call Action Bail Bonding at 901-476-2245 or click Talk To An Agent Now to chat.

 

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May 7 2021
What Happens If You Give A Police Officer False Information

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It doesn’t matter if you’re pulled over for a routine traffic violation or if the police knock on your front door and ask to talk to you, there’s something about face-to-face interactions that causes most of us to panic. This panic can result in us making some bad choices. A perfect example of this is not thinking before providing the officer with false information.

It doesn’t matter if you give the officer the wrong home address or if you pretend to be your younger sibling. If the officer finds out that you have provided them with false information, they will likely arrest you for violating Tennessee’s Penal Code 148.9. This is a misdemeanor offense. If you’re convicted, the judge can sentence you to six months in jail and charge a $1,000 fine. Since this charge will be on your permanent record, if the police ever question you again, they’ll likely be very suspicious of any information they get from you.

The good news is that Penal Code 148.6 clearly states that you have to knowingly give the officers the false information. That word “knowingly,” could be the key component to your defense, particularly if you made an honest mistake, such as forgetting your current home address and providing the police with a previous address. The same is true if you have given them the wrong information regarding your work history, or answered a question wrong during an interview.

If you realize that you’ve provided the police with the wrong information, it’s important to correct the situation as quickly as possible. The faster you alert the police to the mistake, the more the incident looks like a casual mistake as opposed to a deliberate attempt to mislead the police.

Another interesting thing about Tennessee’s Penal Code 148.9 is that you can only be charged with providing the police officer with false information if you provide the false information after you’ve been legally detained or arrested.

Don’t assume that just because you gave the police officer some false information before them formally detaining or arresting you that you have nothing to worry about. Giving false information before the arrest/detaining creates an opportunity for the police to charge you with interfering with an investigation and obstructing justice.

A guilty conviction for those charges results in getting fined up to $1,000, as well as spending up to 12 months in a county jail.

When it comes to the police, it’s in your best interest to be honest.

 

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Apr 22 2021
Difference Between Infraction, Misdemeanor And Felony

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The terms “infraction,” “misdemeanor,” and “felony” have probably flown across your ears every now and then – from video games to television to movies to the morning news. But do you understand the differences between the three? Some people may think they are simply synonyms for each other. But, they are not and it is important for all Tennessee residents to understand the differences to these charges:

  • INFRACTION – fines must be paid but the defendant will not be put on probation and they will not face jail time. Infractions do not appear on criminal records.

  • MISDEMEANOR – fines must be paid and the defendant is subject to probation and up to 1 year in county jail.

  • FELONY – fines must be paid and the defendant is subject to probation, up to 1 year in county jail, and 1 year or more in state prison.

Simply knowing these consequences should hopefully be enough to steer you away from potential trouble. But if you are ever in need of a bail bondsman in Tennessee, Action Bail Bonding is ready to help. The company has offices all over the state and with over 30 years of experience in reuniting loved ones, they can help you too!

You can reach Action Bail Bonding 901-476-2245 or click Talk To An Agent Now to chat and get your FREE consultation.

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Apr 21 2021
What Happens If I Make A Fake Or Prank 911 Call

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Making a fake or prank phone call to 911 might seem like good fun but it’s not something you want to follow through with. Neither law enforcement offices nor court officials have a sense of humor.

To put it simply, making fake or prank 911 calls is illegal. In some situations, that single phone call could even result in felony charges.

The best way to learn just how much trouble making a fake or prank 911 call can land you in is by setting aside a few minutes to read Tennessee’s Penal Code 148.3. When you do, you’ll learn that you can’t:

  • Call 911 and make a fake report of a crime, injury, or accident.

  • Make a 911 call that results in the dispatcher or a law enforcement making a 911 report.

  • Use 911 to report a fictional emergency.

  • Call 911 and make a report that you know is false.

Law enforcement can choose to file charges against you if your fake/prank 911 call results:

  • In the deployment of emergency vehicles.

  • A building/area is evacuated in response to your call.

  • The call prompts the 911 dispatcher to activate the state or local Emergency Alert System.

The law very clearly states that anyone who makes a fake/prank 911 call can be charged with a misdemeanor or a felony. What is less clear is how the decision to pursue a misdemeanor or felony case is made. The general rule of thumb is that if someone is hurt, the prosecutor will push for felony charges.

Making a single prank/fake 911 call in Tennessee can have a seriously negative impact on your budget. If you’re found guilty, you could be:

  • Spend a full year in a county jail.
  • Be fined up to $1,000.

The cost doesn’t stop with the court fines. Depending on how much effort local agencies made to respond to your fake 911 call, the emergency response team that was involved will likely send you a bill that includes all the expenses they incurred as a result of your call.

Fake/prank 911 calls officially became illegal in Tennessee in 2013. Local lawmakers choose to crack down on these types of calls because they were tired of the calls tying up local resources and making it impossible to respond to valid emergencies.

In Action, fake/prank 911are sometimes referred to as swatters because of the number of times a fake 911 call resulted in a swat team getting deployed to a celebrity’s house.

Considering how much a fake/prank 911 call in Tennessee could cost you, it’s in your best interest to avoid using the number for anything that isn’t a genuine emergency.

 

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Apr 8 2021
The First Amendment

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The United States is an interesting place when it comes to politics. There are marches and rallies about various different political issues nearly every day. From college protests to riots in the street, Americans are exercising their First Amendment right.

The First Amendment of the United States Constitution covers:

  • Freedom of religion
  • Freedom of speech
  • Freedom of press
  • Freedom of assembly
  • Freedom to petition

The First Amendment covers a lot of freedoms that people use daily. Without the First Amendment, the American culture and climate would be completely different. We wouldn’t be seen kneeling or flag burning because we wouldn’t have a right to protest. Imagine the internet without freedom of speech? Say goodbye to anything that holds an opinion opposing the government. Think of all the memes we would miss out on. Sure, we would see less hate online if we didn’t have freedom of speech, but we also wouldn’t be able to express our beliefs.

It is important to know that we may have a lot of freedoms, but they’re not a get out of jail free card either. A standard of reasonably good or being a decent person, has drawn a line on where your rights to certain freedoms end.

Areas that are not protected:

  • Obscenity
  • Fighting words
  • Defamation
  • Child pornography
  • Perjury
  • Blackmail
  • Incitements to lawless action
  • True threats
  • Solicitations to commit crimes
  • Plagiarism

Living in America, we’re fortunate to have such freedoms. Being able to practice whatever religion you want, say whatever you want, petition the government, and to express oneself is something we might take for granted from time to time. It’s important to our culture that we do exercise our freedoms. After all, what’s more American than having an opinion?

 

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Apr 5 2021
Tennessee Takes Court Order Violations Seriously

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California judges don’t issue court orders because they think it’s fun. They do so because they want you to follow the order. Failing to do exactly what the court order does or simply pretending it doesn’t exist will bring about some serious legal consequences. Violating a court order in Tennessee could potentially ruin your life.

The Legalities Of A Violated Court Order In Tennessee

The issue of violating a Tennessee court order is addressed in the Tennessee Penal Code Section 166 PC.

If you’re charged with violating a Tennessee court order, you’ll face a separate set of criminal charges that deal exclusively with that particular court order. This is separate from any other criminal charges you may currently face.

The burden of proof is on the prosecutor. During your hearing, they must prove that you knew about the court order, that you understood it, and that you deliberately set out to defy it. If the prosecutor proves that you knowingly violated the court order the case will be dropped.

What Happens If You’re Found Guilty Of Violating A Tennessee Court Order

It’s not unusual for the judge to decide to penalize you to the full extent of the law after you’ve been found guilty of violating a Tennessee court order. Even though this is only considered a legal misdemeanor, the guilty verdict can seriously disrupt your life.

The penalty for violating a court order in Tennessee can include:

  • Up to six months in a county jail
  • Probation
  • Up to $1,000 in fines

While defending yourself in a violation of a court order case isn’t easy, it can be done. The best defense is proving that you didn’t know/understand the terms of the court order. This defense works best when you can prove that the court failed to provide you with an opportunity to read the documentation.

Another common and highly successful defense is proving to the court that circumstances conspired against you, making it impossible for you to not violate the court order. An example of this is when you’re accused of violating a restraining order but the person you were supposed to avoid happened to show up at a venue and you were there before them.

The third most popular defense in a violating a court order case is proving that you were falsely accused.

Defending yourself in a violation of a Tennessee court order case isn’t easy. It’s in your best interest to make sure you fully understand every single aspect of the court order and follow it to the letter. If you’re in any way confused by the situation, you need to hire a good attorney who will explain the situation and advise you about your legal rights if you’re afraid you have already done something that violates the court order.

 

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