Do you know what you’re doing is a crime or not?
How about when you go out for a “couple of drinks” and drive. Do you know if that is a crime?
You might have heard that “one drink per hour” or some other bar talk or attorneys claiiming that will keep you from being arrested for DUI. It does not work quite like that.
You can be arrested if law enforcement sees you violate a statute that allows arrest and/or has probable cause. Probable cause is a law standard that simplys allows for the officer (or judge if at a preliminary hearing or grand jury if during a Grand Jury Presentment) to determine if more likely than not a crime was committed and you more likely than not were the person that committed it.
Then you go to court and sort it out. I have gotten cases dismissed through negotiations with the DAs office becuase the person was not guilty and the ADA did the fair thing.
I loved playing with G.I. Joe when I was a child. Their slogan has stuck with me to this day: “Knowing is half the battle.”
As a kid, I never thought about what the other half of the battle was.
Now I am an attorney I think of these things so I can help you not get arrested and if you do to get out of it with two goals: 1) Limit jail; and 2) Limit the damage to your record.
To accomplish this it is helpful for you to know what the other half of the battle is.
You cannot know all the laws. You cannot know everything. Tim Ferriss said if knowledge was the key to success with the advent of the internet everyone would be billions and fit.
Obviously, that isn’t the key. There’s just not enough time in the day to know everything or even look it up.
The other half of the battle is knowing what to figure out so you can know what to do or not do, as it relates to possibly facing criminal charges.
Pareto’s principle comes in handy from all walks of life especially here.
This is the principle that a large percentage of your problems, for example, come from a small percentage of factors. Your customers, for the most part, 80% are great, but if you really looked into it only 20% of them cause you trouble. Figure out what the characteristics of that 20% are and don’t accept them as clients. Now your troubles are less.
The same can be done in regards to possibly getting arrested. Inventory what you do or want to do. What habits do you have that might pose danger for you getting arrested.
Let’s say Melissa lists the following:
Drinking with friends socially;
Sex with significant other;
I think you get the point. What on the list could lead to criminal trouble? Numbers 5, 6, 7, and 8. 5 if she does so publicly and gets a public intoxication charge or drives and gets a DUI. Weed is not legal in Tennessee and neither is sex if the SO is underage, doesn’t consent or they fight and she is accused of domestic assault.
Speeding could also land Melissa in legal trouble for a civil citation and points on her driver’s license or if she is going over 100 MPH in Williamson County, TN she could be facing up to 2 days in jail.
Of these, knowing they could land her in trouble with the law and in court is half the battle. The other half is researching the law or scheduling a consultation with an attorney to find out and then take action to prevent ever having criminal charges.
On the other hand if you are already charged know the other half is Shut the F*%k Up and hire the best attorney you can afford. We offer free consultations for pending charges for now and that is for 20 miunutes with our attorney.
If you don’t have a case and you want to speak to us regarding avoiding charges (the best idea) then we will discuss with you on the phone, video call or in-person for only $99 for 30 minutes. Simple call or text us now: 615-NASH-LAW.