Feb 5 2021
What Are Your Rights When You’re Pulled Over?

What Are Your Rights When You’re Pulled Over?

A whole lot of things can happen while a person is driving. One thing that most drivers would prefer to avoid is getting pulled over. Unfortunately, sometimes things happen, and the driver makes a mistake. Sometimes, as far as the driver knows, they didn’t do anything wrong but find themselves getting pulled over anyways.

When a person gets pulled over, it is important for them to remember that they do have rights. These rights help protect a person from an officer who might be abusing their power. If a person’s rights are violated, they can take the matter to court.

Passenger Rights During The Stop

When someone has been pulled over by the police, they have two primary rights:

  • The right to remain silent.

  • The right to be free from unreasonable search and seizures.

The first right is pretty well known thanks to the Miranda Rights, but many people are not fully aware that a person does not have to be arrested for it to come into effect. Even when a person is being stopped by a police officer for a traffic violation, they have the right to remain silent. If a person chooses to do this, they should inform the officer that they are choosing to remain silent. It is also a good idea for the person to give the officer their name.

The 4th Amendment to the Constitution protects everyone from unreasonable searches and seizures. This means that a police officer cannot search a person, their vehicle or even their phone without good reason. If an officer suspects that a person has a weapon on them or contraband such as drugs, then they can search the person and their vehicle. However, officers do need a warrant to search a person’s phone, and they cannot delete anything off of the device.

Both of these rights apply to passengers as well. Passengers can even have an additional right of being able to leave, since it is the driver who got pulled over. However, they need to ask the officer if they are free to go. If they are given permission to leave, they can.

Passenger Rights After The Stop

After a person has been stopped, they have the following rights:

  • The right to challenge the legality of the stop in court.

  • The right to challenge the legality of any searches in court.

If a person feels that their rights were violated during a traffic stop, they should write down as much information as they can. This means writing down the officer’s badge number and their patrol car number. They should also write down which agency they are from. Was the officer with the police, a sheriff or Tennessee Highway Patrol (CHP)? If there were witnesses, try to get their contact information. If there were any injuries, the person should take photographs of those injuries. Lastly, the person should file a written complaint with the department’s internal affairs.

If the person is still concerned with how they were treated, they can take the matter to court.

Drivers Have Rights

No driver ever wants to get pulled over, but sometimes things happen. If a driver is pulled over, they need to remember that they do have rights. They can exercise those rights without fear of repercussion. If an officer does infringe on a driver’s rights, that driver can take the matter to court and seek compensation that way.

Just as important as knowing your rights is knowing how to pullover when a law enforcement officer stops you. If you want to know more about how to properly pull over and behave during a traffic stop, click here.

What do you think about your rights when being pulled over?

Have they ever been violated? Let us know what you think in the comments down below.

 

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Feb 5 2021
The Difference Between A Juvenile And An Adult

The Difference Between A Juvenile And An Adult

It’s difficult to keep track of the number of times someone on a procedural show struggles to figure out if a young person should be charged as an adult or as a juvenile. Considering how many times television shows and movies use the conundrum as a plot device, it’s easy to fall into the habit of assuming that the Tennessee legal system routinely grapples with the same issue.

While there are cases where a prosecutor isn’t sure if they should charge someone as a juvenile or an adult, in most situations, the answer is clear.

In most cases, anyone who is under the age of 14 can not be charged as an adult. If a suspect is over the age of fourteen, but not yet eighteen, there are situations where they will face adult charges. The state has already laid out these situations.

Situations where a minor who is over the age of 14 can be charged as an adult include:

  • Attempted murder
  • Arson (that involves bodily harm or a building that’s inhabited, death)
  • Assault with a firearm
  • Carjacking
  • Discharging a gun into an inhabited building
  • Drive-by-shooting
  • Manufacturing/distributing/selling half an ounce or more of a controlled substance
  • Murder
  • Rape that involves threatening violence
  • Robbery
  • Sodomy involving lack of consent and bodily harm/threat of violence
  • Performing a lewd or lascivious act on a child who is under 14
  • Oral copulation involving lack of consent and bodily harm/threat of violence
  • Kidnapping for ransom
  • Kidnapping for robbery
  • Kidnapping for sexual assault
  • Kidnapping that involves bodily harm/threat of violence
  • Violating Section 1203.09 of the Penal Code
  • Violent felony acts that violate Penal Code 186.22(b)
  • Torture
  • Aggravated mayhem
  • Voluntary manslaughter

For the between 14 & 17-year-old suspect to be charged as an adult, the prosecutor must prove that the suspect was the one who actually committed the crimes. They can’t have merely been involved with the situation.

The worst thing about a minor getting charged as an adult for a serious crime is that they can’t use their age to obtain a more lenient sentence. Once the decision has been made to charge the minor as an adult, the young suspect faces the same type of sentencing older suspects face. In the case of serious felonies, this could include life in prison with the possibility of parole.

While the idea of charging someone as young as fifteen for an adult crime, like murder, might seem harsh. The hope is that knowing they could be charged as an adult and face severe consequences will discourage kids from attempting some extremely serious crimes and ruining their lives forever.

 

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Feb 5 2021
How To Appear And Conduct In Court

How To Appear And Conduct In Court

  • Arrive to your court hearing a few minutes early.

  • Dress appropriately like you are going for an interview. Avoid flashy jewelry and distracting, revealing, and unkempt clothing items.

  • Remove hats and sunglasses.

  • Do not chew gum.

  • Sit and stand straight.

  • Speak and answer only when you are asked.

  • Speak clearly.

  • Say “yes” and “no” rather than nodding and shaking your head.

  • Remain calm and collected. Do not grow angry and argumentative.

  • Turn your cell phone off.

  • If you have young children who would not be in school at the moment, arrange to have someone babysit them at home.

  • Trust your lawyer and let them do the talking, unless you are asked to speak.

  • Use the bathroom before court begins.

  • Be respectful. Address the judge by “Your Honor.”

These are tips on how one should appear and conduct themselves in court. As a defendant accused of a crime, these will help show the court that you are taking this matter seriously. Body language and appearance can influence the court.

If you are out on bail, you will have a better time prepping for court, both in your appearance and also in your case. Posting bail is easy when Action Bail Bonding is involved. So, if you or a loved one ever need a bail bond, please contact Action Bail Bonding online or by calling 901-476-2245. We offer FREE consultation, so talk to one of our helpful bail agents and ask about our zero down bail bonds and discounts we offer along with your other bail-related questions. We are a 24/7 bail bond company that is always ready to assist and help you with all your bail bond needs.

Call Action Bail Bonding at 901-476-2245 and get your FREE consultation or Chat With Us now.

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