Nashville Lawyer Blog

Ever wonder how people get away with selling fake Rolexes on the street or imitation designer purses? You might think that this sort of thing would be illegal and it is.

18 U.S.C. 2320 makes it illegal to traffic in counterfeit goods and is punishable by imprisonment of upto 10 years on a first offense. The fact that the seller tells you that the product is simply a replica does not make a difference. Courts have interpretted the law to punish those that traffic in counterfeit goods while acknowledging that their products are imitation the same since the presence of such goods is likely to create confusion in the marketplace

Such counterfeit goods are subject to forfeiture and destruction from anyone in possession of them so you are certainly better off saving for the real thing.

Under Tennessee Law, all persons charged with criminal offenses are entitled to a reasonable bail amount with the exception of those charged with murder, in which Tennessee law does not require that bail be set if the evidence is strong that the defendant commmited the offense.

The factors the court should consider when setting a bail are found in Tennessee Code Annotated 40-11-115 and include:

1. The defendant's length of residence in the community
2. The defendant's employment status and history and financial condition
3. The defendant's family ties and relationships

Continue reading "Factors Courts in Tennessee Consider When Setting a Bail Amount or Bond" »

One of the first calls that an attorney may receive about a prospective client may come from a friend or family member, who is calling on behalf their loved one, who is behind bars. Typically the first thing that person needs to know is what the bail amount is so as to know if he or she can afford to post such bail or go through a bondsman.

If the bail amount is very affordable then such individual may choose to post the full amount of bail rather than go through a bondsman since at the conclusion of such case in Nashville, Tennessee (plea disposition, jury trial, etc.) as long as the criminal defendant makes it to each of his or her court dates then the amount of bail is returned to the payor after payment of court costs and fees.

However, most choose to go through the assistance of a bondsman. Bondsmen charge 10% of the bail amount to act as a surety to the court of the individual's presence at trial. The 10% paid to a bondsmen is never returned, but is a small fraction of what one would have to tie up with the court.

In Nashville, if the bail is set in excess of $75,000 than a source hearing for the court to legitimate the source of such funds is required regardless of whether the person is posting the full bail amount or attempting to post the money through a bondsman. In such cases, loved ones cannot immediately post a bond to the court, but should immediately contact an attorney to represent them on the source hearing.