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
Cash Bail Vs. Bail Bonds

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When needing to post bail, a defendant has a couple of options. Which option he or she chooses is dependent on what they can afford.

The first option is cash bail. For this option, the defendant, and anyone on his or her behalf, must pay the full bail amount to the court in order for the defendant to be released. The full amount must be paid before the defendant will be released. The money can be refunded later on, if the defendant shows up for court and does not cause any further problems.

The second option is a bail bond, where the defendant hires a third party bail bond company to assist with the process. The defendant, and anyone on his or her behalf, will pay the bail bond company 10% of the full bail amount, which is called the premium. The premium is paid off over a payment plan that continues after the defendant is released. Collateral is also pledged, but as long as the defendant appears in court and does not cause any further problems, the collateral will be released back to the original owner. The money for the premium, however, is not refunded.

Given the flexibility of the bail bond option, more people go this route than the cash bail. Both are equally legitimate options and choosing one over the other does not necessarily indicate financial stability at all. Even celebrities use bail bonds. It is what the person can afford and what assistance they want.

Learn more about bail and bail bonds by contacting Action Bail Bonding online or at 901-476-2245. Talk to one of our helpful bail agents for a FREE consultation. Ask about our no down payment bail bonds and bail bond discount we offer along with you other bail-related questions. We are open 24/7 for your convenience. Call us today and get your questions answered.

To learn more about services we offer at Action Bail Bonding, call 901-476-2245 or Chat With Us now. Consultation is always FREE!

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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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May 5 2021
Tennessee’s Take On Arson

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Many people are surprised by how many arson cases occur in Tennessee during a single year. It’s one of the state’s most common felonies.

It’s likely that the main reason so many people are surprised by the high number of arson cases the Tennessee courts deal with each year is that they tend to think of arson as something that’s committed by firebugs or people who start fires because they like watching things burn. The truth is that many arson fires are actually tangled up with insurance fraud cases and are started by the same person who owns the now burned structure.

Investigating Arson Cases

Investigating arson is a time consuming and complicated process. Most law enforcement agencies have a dedicated team of arson experts who deal with arson cases. It’s not unusual for this to be a cross-agency team that includes police detectives and fire investigators.

One of the ways that arson cases differ from other types of crimes is that it usually doesn’t take long to investigate other types of felonies. Charges are often filed within weeks, sometimes even days, of the incident. Arson takes a long time to investigate. Not only does the arson team have to go over the scene with a fine-tooth comb, but they also spend a great deal of time investigating every single person involved in the case. It can take years before the case is closed and charges are filed.

The Consequences Of An Arson Conviction In Tennessee

In order to be convicted of arson in Tennessee, the prosecution must prove that you acted maliciously when the fire was allegedly set. Proving their case involves the prosecution:

  • Proving that the fire was deliberately set.

  • That you either started the fire yourself, or helped someone set the fire, or arranged for someone to set the fire.

Malicious Arson In Tennessee

If the prosecution believes that you are guilty of malicious arson, you face a felony conviction.

Malicious arson in Tennessee involves:

  • Someone getting hurt as a direct result of the arson (this could include the fire crew who responded to the reports of a fire).

  • If the burned building was a dwelling.

  • If a non-inhabited building/forest was deliberately set on fire.

  • If someone else’s property unintentionally caught on fire as a result of the arson.

A guilty conviction for any of these charges will result in serving time in a state prison.

 

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May 3 2021
The Impact Of The COVID-19 Pandemic On Crime Rates

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Whenever you turn to your preferred source of news, you’re likely slammed with information about the toll COVID-19 is taking on healthcare and the economy. Everyone is happy to share information about how overrun the hospitals are, how people’s mental health is suffering, and how the economy will never recover.

What hasn’t been talked about much is the impact COVID-19 is having on the crime.

When the pandemic first struck the United States, the crime rates dropped. That has changed. Today it’s obvious that the pandemic has triggered a surge in crime, particularly homicides.

NPR reported that in 2020, there had been over 750 homicides in Chicago, that’s an increase of over 50% from the year before. Chicago wasn’t the only city where homicide rates spiked. Action police dealt with 30% more homicide investigations. The increase in New York City exceeded 40%.

Experts agree that the spike is directly connected to the COVID-19 pandemic.

Jeff Asher, who works as a data consultant, studied the crime rates in 50 major cities and concluded. “We have good data that the rise in murder was happening in the early stages of the pandemic. We have good data that the rise in murder picked up in the early stages of the summer,” Asher explained to NPR, “and we also have good data that the rise of murder picked up again in September and October as some of the financial assistance started to wear off.”

Not everyone agrees that economic struggles are the sole reason homicide rates are climbing.

“It’s clearly related, in part, to the coronavirus and to the fact that people are cooped up,” New York City’s Mayor Bill de Blasio hypothesized. “And it’s certainly related to the fact that the criminal justice system is on pause and that’s causing a lot of problems.”

COVID-19 didn’t simply result in a spike in homicides. Experts have noted that other types of crimes have also risen sharply since the pandemic.

Data collected by the COVID-19 Council revealed that:

  • Aggravated assault cases jumped 6%.
  • Domestic violence reports increased at the start of the pandemic.
  • Gun assault charges increased by 8%.
  • Robbery reports spiked by 9%.
  • There were 30% more drug-related offenses.
  • Vehicle theft increased by 13%.

While these numbers are bleak, it isn’t all bad news:

  • Non-residential burglary decreased by 7%.
  • Residential burglary decreased by a staggering 24%.
  • Drug-related offenses dropped 30%.

Hopefully, the pandemic will end soon and life, as well as crime rates, will return to normal.

 

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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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