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Christopher Gene Clark

Christopher Clark’s Answers

3 total

  • If I was not read my rights when arrested for DUI how likely is it to get my charges either reduced or dropped?

    Was pulled over for failure to signal a turn and lane change, the officer administered a field sobriety test and notified me I was being arrested for DUI when I failed. I was taken to jail and was administerred a breathalyzer, and blew a .137 BAC...

    Christopher’s Answer

    I agree with many of the other answers to this question. There is a two-pronged test that courts apply to determine if the Miranda rule applies: 1) were you in custody and 2) were you questioned or interrogated. The application of this rule with regards to DUI arrests in Tennessee is very fact specific. You will need to speak with an attorney to discuss the particular facts of your case to see if law enforcement violated your rights. If so and the exclusionary rule applies, it will likely not result in the arrest or all of the evidence being excluded but only statements made by you following your custodial interrogation.

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  • My boyfriend is a registered sex offender statutory rape. Can he live in a home with children that are not biologically his?

    My boyfriend, a registered sex offender (statutory rape over the age of 13), and I have a child together. I also have a child from a previous marriage that is under the age of 10. In the state of Tennessee can he live with a child that is not biol...

    Christopher’s Answer

    TCA 40-39-211(c) is the portion of the sexual offender registry that pertains to a registered person's ability to live with minors (it is posible that there are other court orderes or probation directives that can affect him). For this section to apply, the offense requiring registration had to be against a minor. Since he was convicted of statutory rape, this section likely applies to him. The rule is persons whose offense was committed against a minor cannot live with minors. An exception to that rule is that an offender can live with his/her own children. An exception to the exception is that a registering individual whose offense was against his/her own child cannot live with any minors.

    Based on the limited information that I have, I cannot fully answer your question. I strongly suggest that you contact an attorney who has a great deal of knowledge regarding Tennessee’s Sexual Offender registry as this act changes every year.

    Additionally, depending on whether or not your boyfriend is registering based on a first offense statutory rape under the old law, a second or subsequent statutory rape under the newer law, or as a discretionary order by a judge under the newest law (not likely), he may be eligible for removal evn if the full 10 years is not up. You will want to consult with an attorney to explore this option as it is a very fact specific inquiry.

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  • Aggravated Burglary, Bond $5,000.00 1st charge. Can't afford bond, What are my rights as a parent?

    Son stole WII game system and computer from my rent free roomate who lived in my home for 6 mo. she put a dead bolt lock on her bedroom door which he had broken into. Roommate called and 1st officer told her he couldn't do anything but for her t...

    Christopher’s Answer

    Your son certainly needs to hire an attorney. It sounds as though he was arrested on a warrant, which means he will begin the process in general sessions court. You may be surprised to find how affordable an attorney can be for representation in general sessions. He will need a good attorney from the beginning to explore exactly what happened during the two hours of questioning that lead to the confession. An attorney can explore this at the general sessions level and make sure his rights are protected.

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