Warrant for desecration of flag

[Zigner]

It is a law with no enforcement and no penalties. A law that, in its various iterations, has been ruled unconstitutional over the years.

 

[quincy]

The legal free legal services link will connect the OP to an overworked and seriously undermanned and under motivated group who wouldn't touch something like this with a ten foot pole. They seriously try to help people, but do not have the time or resources to get involved in a case of this type, IMHO. Call them and talk if you would like. But meantime, I do suggest you find an attorney, get them to negotiate with the other party, pay your fines, lie low and try to get through this. Tennessee is a serious place to be out of synch right now, it is rather unpredictable what the local courts would do to you, or even a local deputy who stopped you and found out you'd gotten in trouble for burning our beloved sacred emblem and all that. It's not a good idea to get known as the county liberal.

And if anybody wanted to touch this case to carry it forward, it'd probably be the ACLU. However, in TN right now, they're fighting their way through our wild and crazy desire to be the most backward state in the nation. We have a legislature that has given felony charges to demonstrators for overnight camping, who sneaked into session and passed the most restrictive abortion law in the nation, whom the pollsters automatically assign to one party, no swing state mentality here (and we're proud of it!) Perhaps this will pass, but honestly, it's best to try to get out of this with as little confrontation as possible right now.

Did you look at the link? There is listed not just one group but several organizations, any one of which could provide referrals to attorneys in Refinats area if they are unable to assist.

Trying to challenge the law based on its unconstitutionality is the type of case many attorneys could be willing to take on for a reduced fee. I know a private attorney in Pennsylvania who volunteered his services for such a case and the publicity (and good will) the case generated for the attorney gave his practice a healthy growth of new clients.

I have a problem with stupid laws. This Tennessee law on flags is a stupid law.

 

[commentator]

Tennessee has MANY stupid laws, and some really er.....misguided people at the current time. I still maintain that three months before the elections in a small Tennessee county in a pandemic year when everyone including the judge is polishing their assault weapons is a very bad time to make a big point about your right to burn the flag that may go a lot further and a lot higher up before you start winning. Find yourself an attorney right quick to put this one off a while, anyway. Are you sure this is the hill where you want to make your stand, and the best time for this battle?

Whatever you do, do not go busting into court unrepresented and start quoting law to the judge. Even if you only lose in the first go around, which I would bet big money on, you will not enjoy your stay in the county jail, however brief. Get this postponed until you can at least post bail and appeal quickly. Let your attorney represent you, let them decide how to present this.

Hey, even with Clarence Darrow as his attorney, Scopes was found guilty in the Monkey Trials. Especially when, as this person maintains, he doesn't have enough money for bail or to hire an attorney. Yet he wants to sue. I am telling him, from the depths of my long experience with small Tennessee towns, if you think it is hard to get a job in your county with charges pending, wait until you are tagged the town looney who sues everyone at the drop of a hat. Yes, your rights were probably violated, yes, it is a stupid law, but right now, you don't want to do this.
Lets see, the argument with a neighbor went to a political argument with slandering involved You felt led to make your point by picking up your own flag and burning it on your apartment patio. You must be quite willing to fight. Pick your battle wisely.

 

[Refinats]

Tennessee has MANY stupid laws, and some really er.....misguided people at the current time. I still maintain that three months before the elections in a small Tennessee county in a pandemic year when everyone including the judge is polishing their assault weapons is a very bad time to make a big point about your right to burn the flag that may go a lot further and a lot higher up before you start winning. Find yourself an attorney right quick to put this one off a while, anyway. Are you sure this is the hill where you want to make your stand, and the best time for this battle?

Whatever you do, do not go busting into court unrepresented and start quoting law to the judge. Even if you only lose in the first go around, which I would bet big money on, you will not enjoy your stay in the county jail, however brief. Get this postponed until you can at least post bail and appeal quickly. Let your attorney represent you, let them decide how to present this.

Hey, even with Clarence Darrow as his attorney, Scopes was found guilty in the Monkey Trials. Especially when, as this person maintains, he doesn't have enough money for bail or to hire an attorney. Yet he wants to sue. I am telling him, from the depths of my long experience with small Tennessee towns, if you think it is hard to get a job in your county with charges pending, wait until you are tagged the town looney who sues everyone at the drop of a hat. Yes, your rights were probably violated, yes, it is a stupid law, but right now, you don't want to do this.
Lets see, the argument with a neighbor went to a political argument with slandering involved You felt led to make your point by picking up your own flag and burning it on your apartment patio. You must be quite willing to fight. Pick your battle wisely.

I don’t really have a choice in the matter but to fight. Either way I have a warrant that needs to be addressed and either way they most certainly will seek a conviction.

 

[commentator]

Pretend you are in South Carolina the day before they fired on Fort Sumpter. It pretty much captures the political flavor here these days. Our governor just decided to spend the state's COVID money to hire more police officers. Best wishes to you, I hope this gets straightened out for you soon and in a good way.

 

[Just Blue]

Pretend you are in South Carolina the day before they fired on Fort Sumpter. It pretty much captures the political flavor here these days. Our governor just decided to spend the state's COVID money to hire more police officers. Best wishes to you, I hope this gets straightened out for you soon and in a good way.

All of it or a portion?

 

[quincy]

Because there is a warrant and because this is a misdemeanor charge, it needs to be addressed.

A conviction on this charge is not going to sit well with any employer. It is not a great addition to any resume.

If it takes an aggressive attorney, I recommend an aggressive attorney. I DON’T recommend just accepting the charge, Tennessee or not.

Because of the warrant, you will want an attorney with you when you turn yourself in. You do not want to be sitting in jail trying to locate one to get you released. And you do not want to wait to be arrested.

And I say this understanding all that commentator is telling you.

 

[Refinats]

Funny thing is one lawyer I spoke to told me to avoid it.lol he said I can’t be prosecuted after one year. He said that’s be a good option or that if I wanted to hire him he’d live to take it as far has we can.

 

[quincy]

Funny thing is one lawyer I spoke to told me to avoid it.lol he said I can’t be prosecuted after one year. He said that’s be a good option or that if I wanted to hire him he’d live to take it as far has we can.

The attorney said, essentially, to ignore the warrant and hope it goes away? I don’t think he is an attorney you would want to hire, regardless of how far he said he would take the case if hired.

 

[Refinats]

The attorney said, essentially, to ignore the warrant and hope it goes away? I don’t think he is an attorney you would want to hire, regardless of how far he said he would take the case if hired.

It’s not that he said it’d go away. It’s that because of statutes of limitations, that I can’t be prosecuted. If that’s true or not, I’m not sure. Not is that an option for me.

 

[Taxing Matters]

It is a law with no enforcement and no penalties.

Yet it is law nevertheless.

A law that, in its various iterations, has been ruled unconstitutional over the years.

Not the Flag Code (which is 4 U.S.C. § 8), which merely describes how the flag is to be treated. The federal law that prohibits flag desecration, 18 U.S.C. § 700, is not part of the Flag Code. It is known as the Flag Protection Act. The Supreme Court did not hold the Act unconstitutional, though many seem to think that is the case. Rather, what the court did was hold was that, like in the Johnson decision I cited earlier, the law is unconstitutional to the extent that it punishes expressive conduct:

“If there is a bedrock principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.” Johnson, supra, at 414, 109 S.Ct., at 2545. Punishing desecration of the flag dilutes the very freedom that makes this emblem so revered, and worth revering.​

​

United States v. Eichman, 496 U.S. 310, 319, 110 S. Ct. 2404, 2410, 110 L. Ed. 2d 287 (1990). Note that the decision itself was a close one, a 5-4 decision.

Thus, where the flag burning is done to make a statement or express a particular view point that conduct is protected by the Constitution and the government cannot sanction that conduct by prosecuting for violation of the Flag Protection Act. The Act itself, though, is still valid. The circumstances in which a successful prosecution of a violation of that act would result are, however, quite narrow.

 

[quincy]

It’s not that he said it’d go away. It’s that because of statutes of limitations, that I can’t be prosecuted. If that’s true or not, I’m not sure. Not is that an option for me.

A warrant on a misdemeanor has a 5-year statute of limitations which means you can be arrested on the warrant any time during the 5 year period after its issuance.

Here is the law: https://law.justia.com/codes/tennessee/2019/title-40/chapter-6/part-2/section-40-6-206/

For misdemeanors in Tennessee, a prosecution must be commenced within 12 months after the offense has been committed.

Here is the law:
https://law.justia.com/codes/tennessee/2019/title-40/chapter-2/section-40-2-102/

If you do not handle the warrant and the charge now, I do not think it unreasonable to believe that your neighbor, who apparently has political views far different from your own, will call the police on you again. I don’t think it unreasonable to believe that you will be arrested on the outstanding warrant, probably before one year passes.

The penalty for a Class A misdemeanor includes the possibility of jail time - and if anything is to put a crimp in a job search and employment, it is probably sitting in a jail cell for up to a year and then having a misdemeanor conviction showing on a background check.

Here is the law:
https://law.justia.com/codes/tennessee/2019/title-40/chapter-35/part-1/section-40-35-111/

I am happy you are contacting attorneys. I have my doubts about the first attorney you spoke to.

 

[aldaron]

Perp should be charged with arson!

 

[quincy]

Perp should be charged with arson!

For burning his own flower pot flag? No.

 

[Just Blue]

Perp should be charged with arson!

aldaron, Please look at the TN arson statute and tell us how arson would apply to the OP's action. Seriously, inquiring minds want to know.

https://law.justia.com/codes/tennessee/2010/title-39/chapter-14/part-3/39-14-301/