On behalf of Hindman & Associates, LLC | Aug 31, 2013 | Forfeiture
Tennessee law allows for the forfeiture of property used to facilitate the commission of crimes. Judicial forfeiture is a civil proceeding against property, though it typically arises out of circumstances which are also the subject of a criminal proceeding against a...
On behalf of Hindman & Associates, LLC | Aug 29, 2013 | Drunk Driving Charges
Alcohol use is a major part of American society. Though it is found acceptable and even enjoyable by some, driving under the influence is a modern taboo. Drunk driving is sometimes the cause of an accident, but a crash can also be just a mistake. Unfortunately, a car...
On behalf of Hindman & Associates, LLC | Aug 23, 2013 | Field Sobriety Tests
The DUI charges against a Warren County woman were dismissed when the Tennessee Supreme Court upheld the ruling of the trial court that the missing evidence would prevent her from receiving a fair trial. The evidence in question was the video from the police vehicle...
On behalf of Hindman & Associates, LLC | Aug 21, 2013 | Deposition
Depositions, though common in civil litigation, are not often part of a criminal trial or criminal discovery process in Tennessee. A conventional method of pre-trial discovery in a civil case, depositions are used only under exceptional circumstances in Tennessee...
On behalf of Hindman & Associates, LLC | Aug 16, 2013 | Drunk Driving Charges
Alcohol has been part of the United States for many years, and continues to be prominent in current society. In moderation, the majority of the public find it acceptable, but when used too much it can be followed by very dangerous situations and actions. Even if the...
On behalf of Hindman & Associates, LLC | Aug 15, 2013 | Evidence
Evidence introduced in a criminal trial is usually preserved by a transcript of the witness testimony and preservation of exhibits. Using a good court reporter is the preferred and most reliable way of recording the witness testimony. However, if no court reporter is...
On behalf of Hindman & Associates, LLC | Aug 9, 2013 | Mistrial
A mistrial may be declared in a criminal trial when the trial cannot continue without a miscarriage of justice. The decision of whether to declare a mistrial is discretionary with the trial court. Mistrials due to evidentiary errors at trial are rare, as often an...
On behalf of Hindman & Associates, LLC | Aug 5, 2013 | Vehicular Assault And Homicide
The public is often aware of the trauma that a victim can face shortly after an accident, but they are often not mindful of the hard months that follow an accident for those accused of causing it. The months leading up to the actual trial can be very hard on a person...
On behalf of Hindman & Associates, LLC | Aug 2, 2013 | Drunk Driving Charges
The release of a video by a man stopped at a DUI checkpoint has raised some concerns by citizens. A Tennessee college student recorded a drunk driving stop that was being conducted by a local Sheriff’s Department where he claims his Constitutional rights were...
