It goes to show that appeals work and if you fight hard enough you can get a favorable result for your clients. If anyone needs your case appealed to the Criminal Court of Appeals, contact my office and schedule a free consultation.

Despite the reason you may find yourself dealing with unemployment benefits, knowing the unemployment laws and the rules of procedure can be the difference in obtaining benefits or not. Most people mistakenly think the employers have the advantage because they think the department of labor will just believe what the employer says. NOT TRUE. The unemployment laws are actually written to benefit the employee! And it is the burden of the employer to prove their case, not on the employee. And more times than not, the employer will either not be prepared for the hearing with witnesses and evidence of misconduct; will not have proper people available from the company; will not know the law; or will simply not fight the case once a lawyer is involved.

In these tough times, know your rights, hire an attorney, get the benefits you deserve. It may be the difference…

One lady in Colorado was discussed in this CNN report from February 2010.
http://www.cnn.com/2010/CRIME/02/15/colorado.mistaken.identity.arrest/index.html

I have recently been retained in a case like this in Middle Tennessee. It is pretty scary and happens all too often. One way this could happen to you is if you are simply confused with another person who has a warrant for his arrest. You think you are about to be home for supper and a movie, next thing you know you are in jail for three days. Although you would think the police department would have ways to identify each person in their system, they make mistakes. These mistakes are often human error. So while Joan Doe has a warrant for her arrest and you just so happen to be recently married Joan Smith Doe, you may be in for a long weekend.

Ms. Doe: “Officer, I swear that is not me…I have never been in trouble, it must be a mistake…”

Officer: “Lady, we do not make mistakes….you can talk to the judge on Monday”

Another way this could happen is when you have had your name in the system for whatever reason, and either the clerk, police department or probation department simply fail to do their job. This occurs when they fail to remove you from the system, incorrectly confuse you with another person in the system, or fail to acknowledge that a warrant has been served and resolved.

Ms. Doe: “Officer, I swear I did my community service, paid everything, it has been 7 years since that happened…”

Officer: “I bet you did lady, you can tell that to the judge on Monday”

My friends, clients, and members of Fuson Law, P.C. Facebook Page, this could happen to you. I have had three cases involving this happening in the past two years.

My thoughts, if this does happen to you, be courteous to the officer and call me at 615-717-5176 and I will come to the police station.

Going forward, I would think that with laziness in this country at an all time high and with budget cuts in the government every year, these mistakes will continue to happen and may even increase in the future.

Know your rights, know an attorney, and be safe!

Almost everyone reading this has taken prescription medication.  All medication directs the manner it should be taken, however often times people do not realize the true side effects of the medication.  Also, some medications cause different side effects when mixed with other medications.  Things like glassy eyes, slurred speech, unsteadiness on feet, and other side effects are common buzz words for police when they think someone is under the influence.  People taking pain killers like lortab driving around “under the unfluence” completely unaware of risks.   Although these are narcotics and most doctors advise you to stay off the road when taking them, other medications for things like blood pressure and anxiety are not so obvious.  And when confronted by a police officer whose job is to seek out people driving under the influence, one can quickly find themselves in the cross hairs of a DUI taskforce cop following a pen and walking a line.

Folks, I have represented several people charged with DUI who did not take a sip of alcohol.  Don’t let it happen to you.

Here is my advice:

- Know the side effects of your medication.  If it says to stay away from operating a vehicle or causes drowsiness, stay off the road, especially at night.

- Do not mix medications.  It may be difficult to determine what the side effects are when mixing medications.  If you do not know what will happen, experiment at home, not on the road.

- Do not mix any alcohol with your medication.  Even one beer mixed with medication can cause some undesired results.

- If confronted by the police officer, do not make any admissions about any medication you are taking.

- Avoid taking any field sobriety tests if asked to do so by the police officer.  Although you may feel up to the task, you will do something wrong, I promise.

- Demand a blood test if the only thing in your system if your medication.  Breath tests can be unreliable and could result in an inaccurate reading that would only complicate things.  And if you refuse to take a test, you could face losing your license for 1 year.

Remember, know you rights and avoid a DUI.

www.fusonlaw.com

State of Tennessee v. Tommy Holmes - Shelby County- Supreme Court granted permission to appeal in this case to address whether the trial court erred in ruling that an indigent defendant forfeited his right to counsel at trial by telling his appointed lawyer, “I know how to get rid of you,” and, at a subsequent meeting, physically assaulting his lawyer by striking the lawyer’s eyeglasses with his finger. The defendant was tried by a jury pro se and convicted of aggravated rape. Supreme Court held that, under the facts and circumstances of this case, the trial court committed reversible error in ruling that the defendant had forfeited his right to appointed counsel at trial. While the defendant’s physical attack on his lawyer was serious misconduct, it did not rise to the level of “extremely serious misconduct” sufficient to warrant an immediate forfeiture. State v. Carruthers, 35 S.W.3d516, 548 (Tenn. 2000). Because the defendant was erroneously denied his fundamental constitutional right to counsel, we must reverse his conviction and remand this matter for appointment of new counsel and a new trial. The judgment of the Court of Criminal Appeals is reversed.

Having sufficient uninsured motorist coverage is a way to protect you and your family from having this happen to you! Here is what you need to do. First, pull out the declaration page of your Motor Vehicle Insurance Policy and make sure you have UM/UIM coverage. Call your agent and get as much UM/UIM coverage as you can. It is cheap and worth every penny!

Joey Fuson, Esq.

Fuson Law, P.C.

2. Make sure and all lights and turn signals function properly on your vehicle before driving.

3. Follow all traffic signals and rules of the road.  Follow the speed limit and avoid driving too slow.

4. If pulled over by the police; keep your hands on the steering wheel and pull over at a safe location in a timely manner.

5. Provide license, registration, proof of insurance, and avoid breathing directly into the officer’s face if you have consumed alcohol prior to driving.

6. Be polite to the officer and only provide vital information.  Do not provide any additional information to assist officer in DUI investigation.

7. Refuse to allow the officer to perform the horizontal gaze test (pen/eye test).

8. Refuse to take any other field sobriety tests, including the Walk and Turn test or One Leg Stand test.  Field Sobriety Tests are voluntary and should be avoided at all costs.

9. Breath Test or Blood Alcohol Test – Probably the toughest decision you will make if stopped.  I recommend avoiding the breath test if you believe yourself to be drunk.  This will likely be the biggest single piece of evidence against you if you register a BAC of .08 or greater.

10. If charged, remain silent, avoid conversation with anyone,  AND CALL A LAWYER.

* Note:  Under Tennessee Law, failing to perform alcohol related tests will result in violation of the Implied Consent statute and the loss of your driving privileges for one (1) year.  You will be entitled to a restricted license to drive to work, school, church, probation and alcohol classes upon approval by the judge.