The origin of the word ‘penitentiary’ derives from the word ‘penitence’ meaning the sorrow for one’s sins or fault. The first penitentiary in the United States was located in Philadelphia, PA – Eastern State Penitentiary which opened in 1829. Perhaps the most notable inmate was the notorious gangster, Al Capone.
Recently, Metro Nashville Police Officers underwent a refresher course on the law of “Disorderly Conduct.”It stands to reason that if police officers could use a refresher course on the law, then citizens would benefit from a brief lesson as well. Nashville has several spots where large groups of people can enjoy live music, good food and drink, and where police officers are needed so the revelry of one person won’t spoil the fun of another. To help promote the safety of others and maintain order, the Tennessee Legislature permits police officers to arrest individuals for the offense of Disorderly Conduct.
Disorderly conduct is defined under Tennessee Code Annotated section 39-17-305 as follows:
(a) A person commits an offense who, in a public place and with intent to cause public annoyance or alarm
(b) A person also violates this section who makes unreasonable noise that prevents others from carrying on lawful activities
Now here is what Disorderly Conduct is Not: (Please note this is NOT advisable behavior, albeit non-criminal)
1) Using profanity or insults when addressing a police officer
2) Getting angry or argumentative with a police officer
3) Laughing at a police officer
4) Smarting off/Running your mouth to a police officer
5) Generally being Rude to a police officer
From my experience serving in the District Attorney’s Office in Nashville, I can attest that the Police Officers in Nashville have very thick skin. In fact, most people who get cuffed for disorderly conduct in Nashville really had to try hard to get arrested. In almost all of those cases, an arrest could have been avoided simply by following the officer’s command, and treating the officer as you would expect to be treated. Nevertheless, arrests are sometimes made for actions that are not prohibited by law.
If you have been arrested for Disorderly Conduct or any other Criminal Offense in Nashville, you should immediately contact a criminal defense attorney in Nashville. The officer who arrested you will be subpoenaed to Court, and he will be represented by an experienced Prosecuting Attorney. Don’t make the mistake of walking into that courtroom on your own, without an experienced criminal defense attorney who regularly practices in Nashville and Davidson County.
Our Nashville Criminal Defense Attorneys regularly handle the defense of all misdemeanor and felony criminal cases. Call us today to discuss your case at (615) 829 - 8259.
Provided by:
Joel W. Crim
Attorneys at Law
332 White Bridge Pike
Nashville, Tennessee 37209
(615) 829 - 8259
I am going to immediately digress from the blog topic to address a related common myth. I’m not sure the origination of the myth, but I’ve been asked this question many times recently: Did Obama push legislature through which prohibits incarceration for failing to pay child support? No, no such law exists. Obama did discuss providing more funding for child support enforcement under the shaky at best theory that for every one dollar spent on child support enforcement, $4 was paid. (Entirely ignoring the fact that in probably 80% of those cases, no enforcement was necessary.)
I’ve read and overheard several make the comment that the Federal government has no jurisdiction over state issues like child support– which is partially true and partially erroneous.
The DeadBeat Parents Punishment Act is a federal law which was signed by President Clinton in 1998. Anyone who crosses state lines in an attempt to evade their child support obligation may be facing some pretty serious time in federal prison. This is one example of how the federal government can control what is generally considered a state matter and indirectly 'force' state legislation by refusing to provide federal funding.
The United States government offers grants to certain states which qualify. For example, in order to receive federal funding for roadways, one of the requirements was to lower the BAC level from .10 in Tennessee to .08. The legal drinking and driving limit is entirely within the State of Tennessee’s discretion – unless we want federal funds. The same mechanism is used for child support enforcement.
Where it $tarts: Federal Funding.
Each state is offered a federal grant to provide aid and services to needy families with children and for child-welfare services. This particular grant is born through the Social Security Act, Title IV. Like most other federal grants, there are strings attached. Title IV-D requires that in order for the states to receive the grant, certain procedures for child support enforcement be in place. It is perhaps the primary reason for the creation of all Child Support Enforcement offices in the State of Tennessee.
What it means.
Any parent can apply to receive child support enforcement services from their local agency. In addition, any parent receiving certain forms of state assistance is automatically included in the child support system. The rationale is simple, if the non-residential parent (often, the father) is paying their child support obligation, it is less likely the residential parent (often, the mother) would need state assistance, like food stamps. The child support system automatically detects when someone is not paying consistently and is falling behind. The information is provided to the child support enforcement office and a petition for criminal contempt is filed by the State of Tennessee on behalf of the residential parent. Without the office, it would be left to the discretion of the parent whether to pursue criminally or civilly.
The Bad News:
Does this mean failing to pay child support is a criminal offense? Yes. In Tennessee, it is punishable by jail, up to 10 days per violation with a maximum of 180 days. You do not receive ‘good credit’ time either. You may serve as much actual jail time as someone sentenced to two years in prison who does receive good credit time. If you fall behind with your child support payments, you will likely face a petition for criminal contempt - even if you've never had trouble with your child support before.
The Good News:
Like all criminal cases, the burden of proof is beyond a reasonable doubt and is placed on the State of Tennessee lawyers to establish. They must establish that you have willfully failed to comply with the court’s order. In the event you cannot afford a criminal defense attorney, the court can appoint you a lawyer upon request (provided you meet the indigent requirements).
Common Defenses to Failure to Pay Child Support (Criminal Contempt):
- Lack of a job or income. This is probably the most common situation and is a very difficult defense. The truth is, most people can find some type of job – even if not desirable. Judges are hesitant to allow someone with even the highest of education to refuse a job at McDonalds. Those without educations make this defense even tougher, since, in theory, they should be willing to accept any job. The most successful case with this defense would be offered by an individual who daily scours the job market, is incessantly filling out applications – and has copies to prove it.
- Incarceration. Generally, if the state knows you are incarcerated, they won’t even pursue a petition for criminal contempt until you have been released since it is a complete defense to the charges. This is the worst situation, but the best defense for a criminal contempt petition.
- Illness or Disability. Another common defense and the difficulty lies in establishing that the degree of illness or disability is so severe so as to render you unable to perform ANY job. Testimony from a treating physician is desirable, but may also be costly since physicians cannot be forced to testify by subpoena. If you had the money to hire an expert witness, you probably would have paid your child support and wouldn't be faced with a criminal contempt petition.
If you are facing a petition for criminal contempt, you should IMMEDIATELY contact a criminal attorney in Nashville. Do NOT go into court without an experienced criminal lawyer who regularly practices in that court. Any statements made even prior to trial could severely damage your case.
Our Nashville Criminal Attorneys regularly handle the defense of child support contempt cases. Call us today to discuss your case at (615) 829 - 8259.
Provided by:
J. Michael Shipman, II
Shipman & Crim, PLC
Attorneys at Law
332 White Bridge Pike
Nashville, Tennessee 37209
(615) 829 - 8259
Odd blog topic? Maybe, but these are the types of questions that get tossed out at the campfire while I was on a backpacking trip in Big South Fork recently. The answer is ‘No’, not in Tennessee. Unlike several other states, which prohibit the use or operation of a vehicle while under the influence of drugs or alcohol, the DUI statute in Tennessee prohibits the operation of a motor vehicle while under the influence.
So if you get lit and decide to drive your lawnmower home in Nashville? DUI. Better find the best DUI lawyers in Nashville.
Play ‘Edward Forty-Hands’ and then drive your moped home in Nashville? DUI.
Beer pong and a Bicycle? Probably a trip to the emergency room, and perhaps a ticket for public intoxication or a variety of other potential criminal offenses – but no DUI.
The two other states which were mentioned during our conversation were California and Louisiana. Certainly in California, given the large numbers of people who populate near the beaches and others who use bicycles as a common means of transportation – riding a bicycle while under the influence of intoxicants poses a danger not only to the rider, but a very serious safety issue with respect to everyone around. The law including all forms of vehicles is much more understandable. The law in Louisiana is essentially the same as California, which was particularly surprising. See below for a brief comparison of DUI laws in California, Louisiana and Tennessee.
California DUI law (in part):
Driving Under Influence of Alcohol or Drugs
23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
Louisiana DUI law: […]the crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance[…] (Clarification on the Louisiana DUI law found here)
I also noted in an article that there may in fact be laws specific to cycling in California, which could be another means of getting a DUI, or similar offense.
55-10-401. Driving under the influence of intoxicant, drug or drug producing stimulant prohibited — Alcohol concentration in blood or breath.
(a) It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises that is generally frequented by the public at large, while:
(1) Under the influence of any intoxicant, marijuana, controlled substance, drug, substance affecting the central nervous system or combination thereof that impairs the driver's ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of himself which he would otherwise possess; or
(2) The alcohol concentration in the person's blood or breath is eight-hundredths of one percent (.08 %) or more.
- Joel Crim
Joel is a former Metropolitan Nashville and Davidson County Assistant District Attorney. He has handled thousands of DUI cases and tried nearly every type of criminal offense in Tennessee. A founding member of Shipman & Crim, PLC, he now handles DUI defense as well as all misdemeanor and felony criminal defense in Nashville.
Visit our website: Shipman & Crim, PLC
Call our office: (615) 829 - 8259
Visit our office: 332 White Bridge Pike, Nashville, Tennessee 37209
Email: nashvilleattorneynow@gmail.com
Disclaimer: This article is in no way suggesting riding a bicycle is a safe or suggested means of transportation if you have been drinking. Safest route home: call a cab. If you are arrested for DUI in Nashville, call an experienced DUI or criminal attorney. This article is also not intended as legal advice and should not be relied upon as such. Always engage a Nashville attorney to discuss your legal dilemma or answer your legal questions.
