Author Archives: spiralmode

Escalade-ing Car Problem in Memphis

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In the continuing saga of illegal car club takeovers in Memphis, yet another recently took place outside a Memphis mall. Unlike previous takeovers that have blocked street intersections and crowded parking lots, this latest one ended in violence.

The takeover was orchestrated as a tribute to the late Paul Walker. For those unaware, Paul Walker was one of the stars from The Fast and the Furious movie franchise. He passed away in 2013 at the age of 40 as the result of a car crash. The takeover in question took place in the late actor’s birthday.

The takeover began in the Plaza Memphis Mall at 11 PM. Footage found on social media shows participants attacking two mall security officers and vandalizing a mall security vehicle. Both officers have been reported to be okay, while the vehicle received thousands of dollars’ worth of damage.

Memphis Police issued dozens of citations and towed around 50 vehicles, however, no arrests have been made as of yet. The officers are looking into the video footage found on social media sites to try and find those responsible for the damage. The police are asking for any information about the event or people in question be shared by calling 626-939-8688.

It is important to remember that assemblies like these are often illegal, and just being an observer can get a person in trouble. Drivers at such events can face reckless driving charges or even assault with a deadly weapon if they hurt someone with their vehicle.

How Bad Is Stealing Mail?

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Even in today’s digital world, there is still a high demand for physical shipping. After all, how else would people be able to get something that they ordered online? This means that mail is still a pretty big deal, even if it may not seem like it.

Something that at first seems like no big deal, but actually becomes pretty bad when looking deeper, is stealing someone else’s mail. At first, people might think it’s no big deal, since most of the mail they get is junk mail. However, that is not the case. A lot of important things are sent in envelopes from one person to another, which is why it is illegal to steal and/or open someone else’s mail.

What Gets Shipped?

A better question would be what doesn’t get shipped in today’s world? In the age of the internet and online retailers such as Amazon, people can buy just about whatever they want online. This means that whatever they purchased needs to be shipped as well. This leads to just about anything you can imagine being shipped by mail.

However, mail goes beyond material possessions. Think about all of the birthday and holiday cards that get shipped. Many of those often contain money or gift cards in them.

Another important thing that is shipped in the mail is people’s identities. Sensitive papers that can contain important information about a person, such as medical, legal, or financial documents. These bits of paper can contain social security numbers and other private bits of information.

All of this is the stuff that a person doesn’t want falling into the wrong hands, which is why it is a crime to steal someone’s mail at both the state and federal level.

What Is Considered Mail Theft?

Due to what can be found in the mail, stealing it is a very serious offense. Add on to that the fact that the USPS is a federal agency, and the consequences become even more severe. Here in the state of Tennessee, the crime and its consequences are considered to be more closely related to identity theft than to actual theft. This isn’t to say that stealing a package from amazon is not as bad as stealing a letter from a bank. Both crimes will land a person in very serious trouble.

Stealing mail is defined as taking someone else’s mail from a mailbox, mail receptacle, post office, or mail carrier. It is also illegal to obtain mail by lying to or deceiving someone. Opening someone else’s mail and taking its contents without the addressed person’s consent is also illegal. Destroying stolen mail in an attempt to hide is illegal as well. Lastly, buying or receiving mail that a person knows to be stolen is illegal.

Basically, if a person’s name is not on the address then they shouldn’t be taking or opening the mail without permission from the person to who the letter or package is addressed to.

Penalties for Stealing Mail

Stealing someone else’s mail is a crime under Tennessee Penal Code 530.5 and 18 United States Code 1708.

Here in Tennessee, the theft of mail is considered a misdemeanor offense. This means that it can earn a person:

  • Up to 1 year in county jail.
  • A fine is no larger than $1,000.
  • Some combination of the above fine and jail time.

At the federal level, the consequences of stealing someone else’s mail are much more severe. If a person is charged with federal mail theft, they could face:

  • Up to 5 years in federal prison.
  • Fines up to $250,000.
  • Some combination of the above fine and prison time.

This is all just for the offense of stealing the mail. A person can also potentially be charged with breaking and entering or even identity theft. Both of these charges would have their penalties added onto those of the mail theft.

Stealing Mail Is a Big Deal

All in all, stealing mail is not a crime that is taken lightly. It may seem like stealing mail is no big deal, but that is not the case. If a person is caught stealing mail from anywhere, they will face criminal charges. Here in Tennessee, that means at both the state and federal level. This means that those penalties can add up quickly. Basically, a person should never take someone else’s mail or packages. It is stealing and will land a person behind bars.

The 3 Different Levels of Crimes

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types of charges for crimes

When it comes to breaking the law, most people know they shouldn’t do that because if they do, they will face consequences. However, while people may understand this concept pretty easily, what they may not realize is that there are varying levels when it comes to breaking the law. Different crimes earn different consequences. This is why people who speed receive different penalties than people who commit murder.

There are three different types of crimes, and they are:

  • Infractions – Infractions are the low level offenses. These include most traffic violations and other smaller offenses such as jaywalking. These crimes are only punishable by small fines. A person will not receive jail time for an infraction.
  • Misdemeanors – The middle level crimes are misdemeanors, and in the state of Tennessee, most crimes fall into this category. Some common misdemeanor crimes include petty theft, shoplifting, drunk in public, and drug possession. Misdemeanors are punishable by anywhere from 6 months to a year in jail, and/or a fine of no more than $1,000.
  • Felonies – Felony crimes are the worst of the worst. Some examples of felonies include rape, murder, and vehicular manslaughter. Since these are some of these worst crimes possible, they also receive the harshest penalties. A person accused of a felony faces more than a year in prison, and/or a fine no larger than $10,000.

Breaking the law is never a good idea, no matter what kind of penalties a person may face. Nobody wants to have to pay fines, or face possible incarceration. That is why most people choose to follow laws rather than break them.

Be Prepared for October 18

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earthquake awareness

California is pretty well known for having plenty of wildfires, and 2018 has been no exception. This year’s fire season has been one of the worst in state in history, but it was at least expected. The one plus side to wildfires, is that they follow a bit of a forecast. Here in Tennessee, wildfires become much more common during the warm months of summer and fall, making them a slightly predictable emergency.

Earthquakes, on the other hand, are just about as unpredictable as emergencies come. They can happen whenever and wherever in Tennessee, making them much scarier. Sometimes the ground will rumble, and it will be over in a second, before anyone can even register that an earthquake took place. Other ties however, things can be much worse.

Large scale earthquakes can strike without warning and level entire city blocks. This is a fact that is very common in our state’s history. Cities like San Francisco and Los Angeles have both dealt with the harsh reality of major earthquakes and seen the kind of damage that they are capable of.

Since earthquakes are a part of normal life here in Tennessee, it is important for all residents to be prepared for the worst. One good opportunity to practice would be to participate in the Great Shakeout which takes place on October 18th. The Great Shakeout is a unified way for people who live or work in earthquake prone areas to plan, practice, and prepare for an inevitable earthquake.

You may not be able to predict when an earthquake will strike and rattle your life, but you can prepare for one. Every Tennesseen should have an emergency kit and a plan in place for what to do when an earthquake does occur. By being prepared, a person could save their life, or the life of others around them.

Stopping for School Buses

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school bus laws tennessee

School is back in session once again and for students, that means that the fun of summer is over. For many adults, we assume nothing changes for us when the new school year starts, however that isn’t exactly the case. With the start of school comes additional traffic around campuses, and school buses make a reappearance.

Luckily for most drivers, school buses only operate within certain time frames. This means that they are not around for most of the day. However, the times they are in operation tend to coincide with rush hour traffic to and from work. Having to stop for a school bus when late to work, or after an extra tiring day at the office, can be frustrating.

Some people assume that if they see a school bus stopped, but it is on the opposite side of the street, that they can simply ignore it and keep on their way. Other people will keep going regardless of the stopped bus and the line of cars behind or in front of it. In both instances, this is against the law.

In the state of Tennessee, all drivers are required to stop for a school bus that is displaying flashing red lights and a stop sign. Not only will ignoring a school buses stop signals earn a driver a costly ticket, it could harm a child. School buses are used to transport kids to and from school. When they stop along the road, it is either to pick kids up or let them off. This means that there are kids near an active roadway, and extreme caution should be used.

The only time a driver is allowed to ignore a stopped school bus is when it is on the opposite side of a divided roadway. This means that there is either a median or barrier separating the two different directions of traffic. Any other time a driver comes across a school bus with flashing red lights and a stop sign out, they need to stop, regardless of what side of the road they are on. Stopping will only take a moment, and will help keep everyone safe.

Should You Have Insurance?

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insurance laws in tennessee

When you grow up, you start to realize all the things you weren’t taught about in school. For example insurance. All insurance, auto, house, and life, are all big giant mysteries. Don’t worry about feeling like you’re the only one who doesn’t understand how it works, a lot of people don’t. We don’t learn about it in school, so why is it even important?

Insurance provides us the means to survive an accident. Whether that’s a car accident, natural disaster, or death, insurance is there to help. The best way of explaining the general idea of insurance, is by thinking back to grade school. In school you more than likely had a best friend that you would do anything for and they would always have your back. Insurance is like your best friend who will always have your back, except with insurance you have to pay them.

If you’ve ever experienced a death in the family, you’ll understand the importance of life insurance. Life insurance is basically putting a value on someone’s life. Say there’s a married couple and the husband is the “bread winner” of the family, while the wife stays home and takes care of the kids. One day, the husband dies. The widow would be at a loss if it weren’t for her husband’s life insurance policy. His life insurance policy helps cover the funeral costs and other expenses. Some life insurance policies are big enough where the widow wouldn’t have to worry about working.

Car insurance is mandatory unless you’re sitting on a pile of gold. In Tennessee it’s not illegal to live without it. Under Tennessee law, according to Department of Motorized Vehicles, you must have financial means to cover any costs related to accidents. Tennessee law requires proof of your ability to pay or cover the costs. This essentially means that you don’t need insurance but you also have to be able to pay up to $30,000 in possible damages. Unless you have an extra $30,000 laying around, you’re probably going to need car insurance.

House/Renters insurance is a practical must if you’re not living at home anymore. It’s especially necessary when you live in a place that is earthquake prone. While the state of Tennessee doesn’t require homeowners insurance, or renters insurance, you’re probably still required to have it by someone. Your bank who you financed your home may require it. Your landlord may require it. It’s not necessarily a bad thing to have either. You’ll be surprised at what home/renters insurance could include.

If you feel overwhelmed by it all, don’t worry, you’re not alone. Just remember that whenever you don’t understand an insurance policy, ask the insurance provider for more information. Understanding what is covered, who is covered, and how they’re covered can make being an adult much easier.

How to Keep Your Home Safe

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In an article written by Matthew Wilson for Property Guard Master, Wilson cites that in the United States alone there is a home intrusion every thirteen seconds. Furthermore, there are an astounding 2.5 million home burglaries reported each year. Of those 2.5 million home burglaries, 60% of them happen between the hours of 10:00 AM and 3:00 PM. Despite these staggering numbers, only 13% of burglaries end in an arrest.

Did you know that 87% of burglaries are considered preventable? So how do you help prevent such home invasions? We’ve got some suggestions. We know it can be tempting to post about an upcoming vacation, but don’t. It can be hard to know exactly who is viewing your posts and you don’t want the wrong person finding out that your house is going to be empty for a prolonged period of time.

It is also a good idea to have a security system installed in your home. Only 17% of houses in the United States have a security system even though this could be a big deterrent for an intruder. If you can’t afford a security system, be sure every door is equipped with a deadbolt lock and that you do not hide any spare keys outside of your home.

If you do go on vacation, or have a crazy work schedule, it is important to make it seem as though your home is being lived in. If you’re heading out on vacation, ask a trusted neighbor to pick up your newspaper and mail each day so that it does not pile up on your porch or in your mailbox. You should also consider leaving a light on in a few rooms in your home so when night time comes around it appears as though someone is there. It’s also smart to keep your bushes and shrubs trimmed so it looks like someone is regularly doing yard maintenance.

As hard as it may be, it’s important to always be one step ahead of a possible intruder. By following these tips above and being aware of what is going on in and around your neighborhood you can help prevent an intrusion.

Is Your House Being Watched by Burglars?

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There are various stereotypes that surround the idea of someone breaking into your home. It could be that a masked stranger breaks into your home in the middle of the night and steals your personal belongings while you sleep. It could also be that the burglar wears all black and sneakily climbs through a window in the dead of night while getting away with your television or gaming systems. It doesn’t matter which of these stigmas, or any others, you may have about a burglar because both of them are probably wrong.

According to Dr. Joseph Kuhns, one in four home robberies actually involve a friend or the homeowner or renter and take place in the afternoon. In fact, many times when someone breaks into your home it’s not the first time they have been there. They may have already “cased you home” If you’ve never heard of the term “casing a house,” it’s when burglars watch your home for a few days prior to their planned break-in to watch your habits to determine what the best time to break in is.

We want to help you prevent your home being cased by a burglar and, in turn, burglarized. The first sign that someone may be watching your home, or a home on your block, is a new car appears and stays parked for long periods of time. If the car doesn’t belong to you or anyone on your street and has darkly tinted windows you might want to be suspicious. Further, if you see strangers walking or running down your street – you may want to keep a watchful eye. Keep in mind that they could be from another neighborhood, but if they spend long periods of time looking at your home, take pictures of your home, or are not dressed appropriately, you should contact local authorities.

The next clue to look for is if someone knocks on your door and asks to borrow a phone, is trying to solicit a product, or offer a service you should be wary. It is smart to ask them to wait outside or simply ask them to leave because they could be casing the inside of your home for entry points, pets, and the layout of rooms within your home. It is also smart to keep an eye out for strange flyers in your door or marking on your home. These are often ways professional burglars signal homes to other burglars.

It’s your home and it’s up to you to protect it. If you ever have a gut feeling that something, or someone, is not right it might be a smart idea to invest in a security system or security camera. There is no reason to be paranoid that every single stranger you see is a potential threat, these are simply warning signs to look for. If you notice several of these signals, you may want to alert authorities and your neighbors to keep an extra eye out for intruders.

Can Your Neighbor Park and Block Your Driveway?

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The downside to living in a city or residential area is that it’s not uncommon for someone to park in such a way that it blocks your driveway. Luckily, in most cases the driver is only there for a few minutes before they move on, but every once in a while you’ll encounter some rude driver who doesn’t seem to see why you are upset about the fact that they’ve been blocking their driveway for hours.

The good news is that you do have some legal options.

The first thing you should do is ask the person to move their vehicle. No matter how irritated you are over the situation, while dealing with the driver, stay calm, cool, and collected. Remember that you can catch more flies with honey than vinegar. Stay polite and calmly explain that they’re making it impossible for you to get in an out of your home, which is making it difficult for you to pick up kids from school, get to work, etc.

If you’ve spoken to the driver and they continue to block your drive with their car, it’s time to contact the local authorities. Ask that they speak to the driver. If you’ve kept a record (complete with pictures) of the number of times the driver has blocked your driveway, they’ll have a better understanding of why you’re frustrated.

Based on what happens when they speak to the driver, the police will advise you on what your best options are. You want to follow their guidelines and not take matters into your own hands. Don’t be surprised if they suggest having the city tow the vehicle. They may even suggest that the next time you have a problem, contacting them and they’ll arrange for the city garage to tow the car.

While there are things that can be done about a car that’s constantly parked in your driveway, as long as the access isn’t blocked, there’s little you can do about a neighbor that constantly parks in front of your house provided they park on the street and not on your actual property.

If a vehicle has been parked in front of your home for more than a week without being driven, you can contact the police and report an abandoned vehicle. If they’re unable to track down the driver, they’ll have the vehicle to the city impound.

Bicycles and DUI’s

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It’s a well known fact that if you drink to much and than get behind the wheel of your vehicle, you’ll get a DUI, which comes with several life altering consequences. In order to preserve their driver’s license and reputation, many Tennessee residents who decide they’re going out for a night on the town, decide to leave their car at home and ride their bike instead. The theory is that if they’re on a bike, they don’t have to worry about getting charged with a DUI. Or do they?

According to the Tennessee Vehicle Code Section 21200.5, riding a bike after drinking is actually a very bad idea and one that can get you in legal hot water. The charge is called Cycling Under the Influence (CUI.) The good news is that you won’t be in quite as much trouble as if you’d driven. The fine connected to biking and drinking is only $250. You won’t serve any jail time. While the court won’t sentence you to jail time, it’s likely that the patrol officer who catches you biking while under the influence will have you stay in jail until you’ve sobered up.

Don’t assume that just because the penalty doesn’t require jail time that the charge isn’t a serious one. It is. It’s an official misdemeanor which means you’ll have a criminal record which can have a negative impact on several areas of your life. If you’re charge with a CUI an are under 21, the prosecutor can add drinking as a minor to the charges which can result in a suspended driver’s license.
Cycling under the influence includes cycling while drunk and under the influence of other drugs. If you’ve consumed an illegal substance, additional charges may be added.

The best way to deal with a CUI is by hiring an experienced lawyer.