Memphis drivers know him as "Watermane," the Poplar Avenue drink seller. Earlier this month, Demarcus Dickerson was arrested and charged with obstructing a highway or passageway. The charges have since been dropped.
The charge was under T.C.A. 39-17-307, a Class C misdemeanor. A misdemeanor does not automatically mean a person must be taken into custody. Tennessee has long encouraged officers to issue a citation instead of making a physical arrest for minor, non-violent offenses. That keeps jails from filling up and protects individual liberty.
Tennessee law has changed, though. Under T.C.A. 40-7-103, officers now have broader discretion to arrest instead of cite in more situations. That discretion is where many people ask hard questions. When an officer chooses an arrest over a citation for a minor offense, the person can end up booked, photographed, and held, even with a clean record and charges that are later dropped.
If you or someone you know has been arrested for a misdemeanor in Shelby County, a few steps can help. Stay calm and do not argue with officers. Ask to speak with a lawyer before answering questions. Write down what happened as soon as you can, including officer names, times, and witnesses. Keep every piece of paperwork you are given.
At Donati Law, our guiding principle is that every client is a cause we believe in. If you have questions about an arrest or a pending charge, our Memphis criminal defense team is here to help. Call (901) 209-5500 for a consultation. Read more in an article written by Donati Law attorney Ruchee J. Patel.