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Frank Lannom, Criminal Defense AttorneySeveral new laws took effect in Tennessee on January 1st. One prominent change in the law is that those convicted of Vehicular Homicide by Intoxication cannot receive probation. Common belief might be that such a law is supported by most all citizens and one in which there is little dispute, but that is not the case.

For many years our state has depended upon elected judges and District Attorneys to decide what cases and which individuals were appropriate for probation, primarily for any offense for the which the sentence is 10 years or less. The differences in the nature of an offense, the level of culpability, and other factors can be taken into effect by criminal defense lawyers proposing the positive aspects of their clients and their cases. Yet politicians seemingly cannot trust anyone, judges, juries or prosecutors with decision making without the politician injecting their "wisdom" to dictate the outcome of cases that they know nothing about. In most instances, politicians pass ill informed laws with minimum mandatory sentences whose substance creates injustice, just to make themselves look good. Such is the case with this law.

In many jurisdictions, judges and prosecutors justifiably treated cases more harshly when an impaired driver caused a death as a result of their impairment upon innocent people on the roadway. Conversely, the same law covered best friends, both out on a night of drinking, who voluntarily get into the same vehicle and the resulting crash kills the passenger. So often these cases, which I have handled, involved young people whose best friend or sibling died as a result of both of their poor judgments. In the latter cases, often some form of probation was found to be appropriate, sometimes after a 6 month or one year sentence in county jail, as part of a lifetime of punishment for the tragedy. Often even the family of the deceased desired no punishment for the poor joint decision that resulted in the tragedy. Yet still, our state legislature presumes to know best by passing a law with the same result in both kinds of cases. This takes all decision making out the hands of judges who can weigh all the facts. Our government is founded on the brilliant base of three pillars of power, each separate and balancing the other so as to not allow the tyranny of any one pillar. In this instance, the Legislative branch is continually grabbing power away from the Judicial branch and that is surely not what our Founders intended.

As always, injustice will occur when facts aren't allowed to effect sentences and the broad brush of the legislature, who must dictate, will create more injustice.

In Defense of the Citizen Accused,

Frank Lannom

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Grundy county Tennessee is taking a controversial step to allegations of domestic assault.

Grundy County Sheriff Clint Shrum is praising a bill that assumes guilt for anyone accused of domestic violence, while it keeps the poor who are accused and can't afford bail jailed before trial. Sheriff Shrum says he saw a problem and "started looking at the use of GPS monitoring to ensure victim safety in Grundy County".

For the past 18 months, every suspect accused of domestic assault, aggravated domestic assault or stalking in Grundy County has been required to wear a GPS monitor as part of their bond conditions. This statement of "every person accused" clarifies that proof of guilty isn't required. 

Offenders are monitored by
Tennessee Recovery and Monitoring, a private company that also provides the victims with a victim beacon in order to keep track of how close the alleged offender and alleged victim are to each other. If either of them get within a pre-determined range of each other, the monitoring company and the victim are notified using text and email.

In Grundy County, offenders must pay $10 per day for the device to stay out of jail while they wait for their case to be heard. I have found in my practice of defending those charged with domestic assault that, in most instances, there is also an upfront fee that must be paid for installation of any monitoring device.

If you have a bond that’s set at $50,000 and you can’t raise the cash, you sit in jail,” Hardaway said. “If you can’t afford the money to pay for this monitor, you ought to sit in jail.”

The Sheriff and other lawmakers want this law mandatory across the state. I must admit have encountered serious cases where the use of the device aided everyone involved and allowed a more reasonable bond to be put in place. Indeed, Sheriff Shrum states that repeat offenses are down in Grundy County.

However, we Americans must use caution when considering expansive far reaching laws such as this. Making such a law mandatory  takes away Judges' discretion to prevent the accused from staying in jail because they are poor or for relief when the allegations are minor or questionable in nature. The Sheriff fails to take into account how often domestic violence cases are dismissed completely and how many innocent people are arrested or accused. Most every police officer will tell you how often they feel compelled to make an arrest when the proof is slim or it is clearly a case of mutual combat.

My recent domestic assault cases include two brothers fist fighting in their father's garage and a spouse on heroin who accused her husband of threatening her when he tried to stop her from getting more drugs. I have represented many similar cases where the Sheriff's program would be patently unfair to the innocent accused. In 50% or more of the cases I handle, the accuser doesn't even show for court until required. The accusers often have already cleared out the alleged offender's home of valuables and solidifying the children's custody while the one accused sits in jail. 

Even victim's rights advocates have serious concerns about this law. In December of 2015, Bridges Domestic Violence Center executive director Linda Crockett Jackson told Channel 4 she's concerned the bill could be "too harsh a punishment for someone not convicted."

At some point, society will forfeit all rights of the accused if it fails to recognize that punishing people with broad mandates before a conviction is uncontitutional and results in injustice.

I am glad I don't live in Grundy County

In defense of the citizen accused,

Frank Lannom

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Every good criminal defense lawyer (as well as every prosecutor) worth their salt knows that when it comes down to a close decision on the outcome of a case, the Judge can be swayed by how a client is dressed. Because of my over 20 years of experience, I know how important my client's appearance can be and I have advised clients on how to dress and even bought their clothes if they weren't able to dress for the occasion themselves. Clients often ask me the best way to dress for court and my advice has changed little over the past several years.

There are some obvious dressing decisions that are not only a bad idea but likely prohibited by court rules. Things not to do in any court, no matter what county you're in are:

  • Don't ever wear shorts
  • No excessive jewelry
  • Clothing with inappropriate wording
  • Exposed mid-drifts
  • No sagging pants
  • Excessive cleavage
  • No mini-skirts or short dresses
  • Tights or "yoga pants" without additional outer covering
  • Exposed under garments

Here is the official code for for Davidson County Courts and you can use it as a guideline for any court in Tennessee, even if their particular codes aren't published. My advice to clients is to "wear your best" and never wear anything on the above list. Alot of us use our clothing and accessories to express ourselves. Court is not the place to do that with any type of dramatic flair. A suit and tie or dress with heels are not required, but if a client has an appropriate outfit and feels comfortable in them, then they are perfectly fine. It's not a good idea for the client to dress in a way that is completely foreign to them as they look out of place and unnatural. It is always safe to wear khaki's and long sleeve (pressed) shirt or a nice blouse with slacks.

The point of proper dress is to show that you take the matter in court seriously. If the court or the prosecutors think you are not taking the matter seriously, they might well take it upon themselves to make sure you take your court appearance more seriously in the future! One the other hand, if your dress conveys you understand the serious of a criminal accusation, the same judge or prosecutor might well think the point of the prosecution has been accomplished, allowing a dismissal or lowered penalty.

Wear your best but never wear stupid. The best criminal defense lawyer's will discuss and advise their clients in this matter. We always do so with our clients and, if you're attorney hasn't talked to you about the subject, be sure and ask them before court.

In the defense of the citizen accused,

Frank Lannom

Read More You've been charged with a crime and now you need to find the best attorney available to help you protect your rights and preserve your freedom. It can be a daunting task to hire the lawyer best able to serve your legal needs.  Don’t be intimidated because there are actually many tools available for you to choose an attorney who will be a good fit for you and your case.

Get a personal referral.  Ask around your circle of friends and family, have they had experience with an attorney and was it good or bad?  Of course, sometimes the nature of your case is personal and you may not want to discuss the details with people you know.  That’s where searching online can be useful.  You can look at online review sites like AVVO or Yelp to see what people say about an attorney, good or bad.  Sites like AVVO will also have a synopsis of the lawyer’s practice, case results, years of experience and if they’ve ever been disciplined by the Bar Association.  When in doubt, you can always ask Google, “who is the best (type of case) lawyer in (your town/state)?”. You shouldn’t base your decision on any single one of these items, but they can be used to piece together a picture of your potential attorney.

Once you have a couple of attorneys in mind you should take a few minutes to review their websites.  A good website will have a comprehensive biography of the attorneys as well as case results to back up that the firm’s experience and success.  The website should have testimonials from former clients.  How many attorneys are in the practice?  It’s always best if there are two attorneys at the office who handle the same type of case in the event one is unavailable when you need consultation about your case.  Remember that you want your attorney to specialize in the type of law you need help with.  You wouldn’t go to a podiatrist for a heart condition, so don’t go to a bankruptcy lawyer for your personal injury case or a real estate lawyer for your criminal case.  You can also check if they are on social media sites such as Facebook and see what their message is to the community.  Do they seem informed on the latest laws? Are they engaged with the community?

Lastly, people have a tendency to think “I need the biggest law firm I can get to handle my case”.  Actually, that is rarely true.  A mid-size firm in your area, if they have the expertise, case results, and testimonials we talked about above, will serve you better for many reasons.  You will have a better one-on-one relationship with your attorney, more attention from their paralegals, investigators and support staff.  Also, remember you shouldn’t have to pay for your initial consultation; those should be free whether in person or by telephone.

Read More 18 wheelerThe loss of life and property as a result of accidents involving trucks can be significantly greater than those where only cars are involved. In a truck accident, the size and weight of the truck, along with the weight of its cargo can have more severe consequences for those involved or nearby.

There are many different reasons why trucks get involved in accidents.


The six most common causes of truck accidents in Tennessee are as follows:

1.    Inadequately trained drivers - though a driver may possess a commercial driver’s license, he or she may not know enough defensive driving techniques to avoid a collision.
2.    Problems with securing the cargo load - the weight of the load, and/or with the nature of the load itself can lead to braking problems, balance problems, and tip-overs.

3.    Poor maintenance and inspection of the vehicle - this often results in some form of mechanical failure, like those caused by insufficient brakes, bald tires, or safety features that are not working properly.

4.    Driver fatigue - most often the result of the financial pressure truckers feel to drive farther even when they have reached the limits of what they are physically able to do in a safe manner.

The Federal Motor Carrier Safety regulations govern the hours of service that truck drivers are allowed to drive. These regulations strictly limit the number hours truckers are allowed to drive each day. The problem is that the trucking companies don’t always enforce these rules and they often push their drivers to drive more than what the regulations allow, simply because it makes them more money.

So, while you may have a truck driver who falls asleep at the wheel because he is exhausted from driving so much, the real problem is corporate greed that pushes drivers to overdrive their logs, causing driver fatigue that results in truck accidents.

5.    Speeding - Whether in excess of the speed limit or at a rate that is too fast for the particularly hazardous conditions, such as those caused by rain, sleet, snow, fog or smoke.

6.    Drug or alcohol use by the truck driver.

Whether it be single-vehicle or multi-vehicle accident, and whether it be due to mechanical failure or an inexperienced, fatigued, or drunk truck driver, if you have experienced loss or serious injuries as result of a truck accident, be aware that the particular liability that rests with truck drivers and trucking companies, as result of state and federal regulations, may be a huge advantage to you in pursuing compensation for your losses.

Contact an Experienced Tennessee Truck Accident Attorney

Truck accidents are far too common and the resulting loss of life is deeply regrettable. For the survivors, however, depending on the circumstances, a range of options exist to mitigate the losses caused by truck accidents in particular.

Contact us to speak with an experienced Tennessee truck accident attorney who can help you recover the damages you deserve.
Read More

Davidson County's attempt to "legalize Marijuana" falls short of the mark and it could leave some citizens trapped in the gray area of being charged under local statute or state law.

In a 35-3 vote, the Metro Council approved a bill that allows officers to give someone a $50 fine and community service if they are found with less than a half ounce of marijuana.  I recently read an article published by Channel 2 news that stated: "This changes the current laws where people charged with marijuana possession face a misdemeanor with up to a year in jail and a $2,500 fine."

Nothing could be further from the truth. The Metro-Nashville counsel cannot change state law. Marijuana has not been legalized in Davidson County. In fact, while it may have been the intent of Davidson County to do, they have actually given police more authority that may not help citizens. What the city counsel actually did was to add a penalty for possession of marijuana where one did not exist within Metro-Nashville ordinances. The change did nothing to affect Tennessee state law which permits a sentence of 11 months and 29 days, a minimum fine of $250.00 up to $2500.00. Depending on their mood and perception of your demeanor, officers now simply have the option of charging you with either the Metro-Nashville ordinance or under the more harsh state law.

As correctly stated by councilman Steve Glover: “That does not mean if you come into Davidson County and you have a half ounce of marijuana or below that you are safe. You get pulled over by the wrong officer, you can still get handcuffed, you can still go to jail.” 

It is also possible the poor reporting of the change could lead people to believe that Metro-Nashville has de-criminalized marijuana, which could then lead people to believe it is not crime when it very much is a crime. Practicing in courts all around Davidson County, I can assure you every other county still very much views marijuana possession as crime for which you face jail time. If a citizen were to be given a citation under the new ordinance, it could still trigger probation and parole violations if the person were under such supervision.

The intent of the ordinance may have been to allow officers more discretion, however it certainly has not changed state law or probation\parole guidelines so, citizens beware, marijuana is still illegal in Tennessee.

In Defense of the Citizen Accused,

Frank Lannom

Read More sinking vehicle
Any type of automobile accident is a frightening experience, but an accident that involves an automobile crashing into a body of water (such as a bridge suddenly collapsing), with you trapped inside is nothing short of terrifying. However, many of these deaths are attributed to panic, not having the knowledge of what is occurring to the car and not having an escape plan in place.  Even, if you find yourself in a vehicle that is sinking in a flooded river, acting quickly and decisively can be a lifesaving action.

The National Highway and Transportation Administration say that approximately 400 people a year die in America due to being trapped in a sinking vehicle. It is strongly advised that you prepare yourself now, so that you do not become a victim of these statistics.

If you find yourself in this precarious situation, you have about 60 seconds to escape and survive a sinking vehicle – so quick action is imperative. Below are several rules that will significantly increase your survival rate.

  1. Do not dial 911 while you are still in a sinking vehicle, call when you are on dry land and safe. Since time will be of the essence, reaching for your cell phone will be a life-threatening error.
  2. Quickly unbuckle your seat beat (and anyone else who maybe in the vehicle).
  3. Do NOT open the door – but instead roll down the windows, if you can.  Due to the water pressure, opening the door will be very difficult (nearly impossible), and in addition, if you do manage to get the door open, it will allow too much water to get in the vehicle, and the rate of sinking will increase, limiting your survival time. 
  4. (Caveat to the above rule).  If you miss the opportunity to roll down the window (which is known as the “floating period”), and due to the fact that many vehicles these days are electronically based, the circuits will probably short out before you have a chance to roll them down – the window will need to be broken.  This is where small specialized tools (known as a Life Hammer or ResQMe keychain) will come in handy, as they are designed to break glass quickly and effectively in these types of life-threatening situations.  It is important that these potentially lifesaving tools be kept within reach at all times, as you do not want to lose precious time trying to look or fumble for them.  It is also important to note, that these devices will not work underwater, so quick action is imperative.
  5. Everybody should ideally swim out their own window, but children may need assistance swimming and pushing themselves through rushing water, so if necessary, give them a push.  Grab young children and carry them in your arms, as not to waste precious life-saving time.
Get out of the vehicle, break the water’s surface and get to safety as quickly as possible.  Then call emergency personnel to the scene.
Read More I had just returned from court where, as a litigation attorney, I had defended a DUI case. The case had been difficult, but we gained a verdict that allowed my client to continue to work and take care of his family. My desk was covered with case notes and the rest of the day’s schedule was filled with client meetings, phone calls to return, and case research - a typical busy day! As soon as I sat down at my desk, the receptionist buzzed me with a sound of urgency in her voice.

“Donnavon, there is a highly agitated young man in the lobby. His name is James. He insists on seeing you, he says he needs your help.” I had no idea who James was or what was going on with him. It sounded like he needed help and that is what I do, so I asked the receptionist to send James in.

After introducing himself, James said he was a nurse and he was in trouble. Unfortunately, James’ story was all too common for his profession. He said, “I was in a car accident and have injuries that make me hurt constantly.” He had received opioid medication for the pain, but he continued to suffer. He was hurting so much that he had difficulty in performing his duties. He was concerned that his performance was putting his job in jeopardy. James said that over a period of time, he began to take more than the prescription called for.  He continued to increase the dosage, little by little, until it exceeded what the bottle held. He said, "In addition to the pain, I’ve had to work excessive overtime and I am under a lot of stress. The pain, my working conditions, family issues, it’s almost more than I can handle. I’m addicted and my drug use is uncontrollable." He continued, “I’m in trouble at work and with the State Board of Nursing; my license could be revoked or suspended. If I lose my license, I won’t be able to work. I won’t be able to take care of my family.”
drug addiction nurse

I told James that helping people in bad situations is what we do, including: an understanding of his particular situation, the law that pertains to it, and knowing every method of defending my client’s professional license. Every tool available must be used, including appropriate treatment for alcohol and drug cases, mediation, or litigating the case. I told James that it was important to understand that alcohol and drug abuse is a disease and should be treated. I explained that we work closely with qualified substance abuse specialists who can develop programs specifically designed for our clients, that not only meet their treatment needs, but may also result in saving their professional license.

I explained to James that his situation was not uncommon in the nursing profession.  Nursing is a noble profession and a privilege governed by professional standards, requiring the nurse to achieve and maintain the highest levels of professional and personal conduct. I know as a group, nurses are good people with the highest of expectations placed upon them. The fact cannot be disregarded that every year, the State of Tennessee Nursing Board revokes or suspends hundreds of licenses. While some of these men and women lose their privilege to serve as nurses because of activities unrelated to alcohol and drug abuse, many suffer the consequences for being under the influence of alcoholic beverages and/or drug abuse, or alcoholic and drug related activities. In the November 2015 Disciplinary Action Report published by the Tennessee Board of Nursing, over 30% of disciplinary actions reported were alcoholic or drug related. The risk of a nurse having their license revoked or suspended is great.

I considered James’s drug addiction, the real threat of his license being suspended, and the possibility of him not being able to provide for his family.  I decided then and there to take on his case

The next day we made arrangements for James to receive treatment for his drug addiction. In the weeks that followed, James worked hard on his recovery and successfully completed his treatment. I worked closely with James to examine the details of his case, as it relates to the applicable law and rules and regulations of the Tennessee Board of Nursing. Together James, myself, and our staff developed a strategy designed to gain the best possible outcome for his case. He was able to continue his work as a nurse and take care of his family.

James is a fictional character with a real story that many people can relate to. If you need help protecting your ability to practice your profession; give us a call and allow us to review your case and develop a solution tailored to fit your individual situation.

Donnavon Vasek
Read More I’m an avid gun rights attorney.  In my practice, I strive to make sure all of my clients know exactly how their gun rights are affected while being charged with a crime and how any resolution will affect their gun rights.  I take the loss of a person’s gun rights personally.  From my vantage point, owning a gun in today’s society is essential.  The 2nd amendment was drafted for the people to hunt and to protect themselves - not just against burglars in the night.  The Framers of our Constitution intended to protect each individual's right to keep and bear arms, and to guarantee that individuals acting collectively could throw off the bondages of any oppressive government which might arise. Thus, the right envisioned was not only the right to be armed, but to be armed at a level equal to the government.  As lawmakers pass hundreds of new laws each year, gun rights become more restricted with each legislative term and frustrate the Framers' intent.

DV 2nd amendment

The Tennessee Legislature has forgotten the meaning of “innocent until proven guilty.”  They have placed many restrictions on individual's gun carry permits that have been alleged to commit a burglary, a felony drug offense, or a felony offense involving violence or the use of a firearm [Tenn. Code Ann. § 39-17-1352 (e)(1)]. You read that right - alleged - not convicted.  This suspension of a person's carry permit is even applied during the period of diversion for the applicable offenses.  Again, no conviction.  Even more concerning, if you are convicted of a class A misdemeanor, it is required that the permit be surrendered to the Court for the term of the sentence imposed by the court, being eleven months and twenty-nine days [Tenn. Code Ann. § 39-17-1352 (f)(1) and (2)].  With more and more laws being created giving the Government more control, they are likewise restricting your Second Amendment right for small offenses.  Something like a small joint or grinder puts more than just your criminal history and freedom at risk.
If you have been charged with a criminal offense and value your gun rights, contact my office to discuss your options.

Donnavon Vasek
Read More We've all heard of the Salen Witch trials of Massachusetts in the 1600s. The trials resulted in the executions of fourteen women and six men, and all but one by hanging.  Once it became known society was open to persecuting people for being witches, the allegations began to grow in number.

Present day, the same thing is occurring with domestic violence claims. New laws have made accusations more serious. Lifetime bans on gun ownership are federally regulated, multiple-count offenders have minimum mandatory sentences, and the District District Attorney in Nashvillehas made the issue a focal point in his office. Society is ready to prosecute anyone accused of domestic violence. We now are to the point of incarcerating people for 12 hours before ever proving they are guilty. The accused is banned from being around the victim. Often, this means they cannot return to their own home. In divorce situations, the mere accusation gives the accuser the ability to clean out the home while the accused is either in jail or prevented from coming home due to bond conditions.

Lately, there have been increases in accusations of domestic violence by victims who are not citizens. They are motivated by federal immigration law that basically prevents them from being deported if they are a listed victim in a domestic violence case. In a recent domestic violence trial, we forced the accuser to admit she had never accused my client of abuse until she learned two days before that the accusation would prevent her deportation.

False domestic violence accusations are on the rise.  The stakes are greater; the benefits that come from accusing someone falsely are growing for those who often are willing to lie.

We have these laws because your legislators believe you will support them if they increase punishment against the "criminals".  Look twice at these claims for new laws. Are they punishing criminals, or simply those who are accused? Do you lose your home, your second amendment rights, your job and your freedom simply because of an accusation? We are punishing the accused, not the convicted. Until society demands change, it will continue. 

If you or your loved ones are accused, a specialized, full-time criminal defense lawyer is necessary to make sure you have the best defense possible to fight this new trend in society.


In the defense of citizens accused,

Frank Lannom
Read More How does an innocent person spend thousands of dollars, stay under indictment for over a year, and never commit a crime?
It is much easier than you think. Take, for example, the recent dismissal of an Aggravated Assault case I handled in excess of a year. The case only ended last week in Wilson County Criminal Court. My client was falsely accused of pulling a knife on a former love interest and threatening him. It occurred (believe it or not) when my client's boyfriend showed up at my client's home. A verbal dispute ensues in which the boyfriend is accused of sleeping with another woman. In his defense, the boyfriend suggests that the "other lady" be called over to the home to resolve the dispute. When she arrives at the home, she confirms that she has, in fact, been sleeping with the boyfriend. This occurs in the home of my client with the now boyfriend and two women in the same room. The argument results in the police being called and the accusations made. Client is arrested, despite her protests of innocence, hauled to jail, and held for 12 hours before being released. The general sessions court had an initial hearing to determine probable cause, but the low standard of proof only really requires someone saying it happened. The case was sent to the jury trial level, despite the testimony that my client only had a kitchen knife pointed downward 25 feet from the boyfriend, with no threats made. Our team's investigation and proof at this first hearing revealed that an uninvolved roommate witnessed the event and testified no knives were ever held by my client. The case was pushed far into the process, well over a year because of my client's proper insistence that she was innocent and refusal to plea bargain. The charge was serious, 3-6 years in prison if convicted. Sixteen months later the case dismissed in its entirety after a long litigation and investigation on the part of her defense team. It could happen to you.

In the Defense of the accused,

Frank Lannom
Read More Several years ago, the Tennessee State Legislators passed an amendment to the DUI law requiring citizens convicted of DUI to a mandatory penalty of litter pickup for 24 hours, generally done in three 8 hour stints. The law was an unfunded mandate placing expense on local sheriff's departments. There was difficulty administering the law; many individuals were unable to physically do the work, weather often interfered, and there was an immediate impact on convicted individuals who had to miss more work to pick up trash, rather than to serve jail time.
As of July 1, 2016 the mandatory DUI penalty of litter pickup has been abolished for all DUI offenses.

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