There is no independent remedy for "double jeopardy." However, if your friend was lock up for an improper reason there may be a civil suit. It is not clear what the damages might be. Your friend should consult a civil attorney in Tennessee who might be able to better evaluate any potential claims.
I wouldn't get too excited. The bill is not yet law and your case will probably be resolved before it is law. However, the prosecutors may relax a little bit, given the recent vote. The rest of your posting presents some interesting Constitutional issues regarding the nature and length of the seizure by the police. You should consult an attorney. You may have a good defense.
Yes, your stepson needs an attorney. thought the charges may not be the most serious in the world, a conviction will follow him around for the rest of his lie. This can prevent him from getting a job etc. Additionally, from my perspective, the police should not be allowed to run "rough shod" over the rights of citizens. If you stepson is really in the right, it may be worth fighting.
If your husband is incarcerated, he almost certainly qualifies for the services of the Public Defender. Issues of NCR and competency are very complex and can often be difficult to resolve on appeal. If you husband has not yet been sentenced, there may be other avenues to help him. His current attorney should be able to advise about that.
Yes and No. If a defendant has no prior criminal history, and the charge is possession of less than 10 grams, some cases are worked out with a $100 "donation." The cases are subject to expungement However, I do not suggest that you jump on such a resolution, if offered. There may be clear defenses that you would be giving up for this one time disposition. You should consult an attorney regarding any charge. Also, this disposition is not automatic. It may take some negotiation, so...
You need to be comfortable with the lawyer who represents you. Based on a Supreme Court case, people facing jail can have a public defender. Private counsel is of your choosing. You can't choose your public defender. It is unclear how you will hire the private lawyer of your choosing if you can't retain him/her. The public defender may be your only option. Many public defenders are excellent lawyers and have a good feel for the courthouse and the judges. You need to make the decision...
If your friend swore out a complaint that resulted in a charge he should advised the State's Attorney. The problem is that your friend doe not want to get in trouble for issuing a false complaint. The best thing for your friend is to call an attorney to help him resolve this.
It depends on the charge filed. If the case in in District Court there are no separate arraignments. Different jurisdictions handle things slightly differently. Without more information it is impossible to provide more detail. Your boyfriend needs to beta lawyer as soon as possible. There are several procedural rights that need to be protected.
Unfrotunately, your understanding of a PBJ was in error. There is a public record of the event. Additionally, there is an MVA record of the resolution as well. DUI cases are not subject to expungement, so it will be there. The good thing is that you did not get the points associated with the charge, and you can truthfully say you were not "convicted." The PBJ statute states that a driver is only eligable for that disposition one time every 10 years, so there needs to be a record, so the...
If you are not guilty, plead not guilty. I agree that a picture speaks a thousand words. A handicapped spot needs to be clearly marked. If it isn't, many judges will find you not guilty. Entering any other plea will essentially say that you were wrong and that you are looking for a break. If you didn't do it, you didn't do it. Good luck.