Legal Question in Criminal Law in Tennessee

I was pulled over for speeding in TN after an unmarked police car began to drive erratically on the road. The officer then said that he was with a drug task force and was looking for large amounts of drugs and cash. I explained that this was not us, that I was a teacher and my friend a student. They searched the car found less than 12 grams of marijuana, screamed at us claiming that they knew there were more drugs in the car. We were placed in custody but our rights were never red to us. I was charged with simple possession of marijuana. And told that if we did not plead guilty that we would sit in jail for 3 weeks. We live in Ohio and needed to get back home. I plead guilty and now my teachers certificate is in jeopardy. Is this a minor misdemeanor in Ohio versus Tennessee and were our civil rghts violated in any way. The officer as clearly angry when he did not find the large amount he was clearly hoping for. When I explained what happened to the DA he said that did not matter in his county. Please advise.


Asked on 7/22/10, 10:11 am

1 Answer from Attorneys
Charles Bloodworth

First, simple possession or casual exchange of marihuana is a misdemeanor in Tennessee, as in most if not all other states.

Second, the time to challenge an invalid stop, search, seizure, or violation of Miranda rights is BEFORE you enter a plea.

Third, you should have had an attorney appointed for you if you were in custody (as it sounds you were) and that attorney should have pointed out to you both the law as above, as well as the possibility for diversion (pretrial or posttrial) if you were eligible.

If your pleas were unknowing, or without full and accurate advice of an attorney, you have one year to file a petition for post-conviction relief and try to have the conviction set aside so as to save your tesching certificate.

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Answered on 7/23/10, 11:45 am


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