Posts by Adrian Altshuler
Can a Passenger Be Charged with a DUI?
The short is answer is yes, a passenger can be charged with a DUI. There are several reasons a police officer may charge a passenger with a DUI. When can a passenger get a DUI? Uncertainty. The police may charge a passenger if they are not sure who was driving – so they charge everyone…
Read MoreWhat Makes a Parent “Unfit”?
In Tennessee, the fitness of a parent is a factor in custody decisions. It is also a factor in termination of a parent’s rights altogether. Termination of a parent’s rights usually arises in adoption proceedings. At the core, the Tennessee courts will hesitate to declare a parent unfit to take care of their child. They…
Read MoreHow Dating Apps and Social Media Can Lead to Criminal Charges
The Internet offers a range of wonderful opportunities. Many of those opportunities offer windows into a range of personal interests. Unfortunately, some of those personal interests can lead the users into a nest of troubles. Social activities can lead to charges of bullying, cyberstalking, identity theft, and Internet pornography. Some people even make the mistake…
Read MoreCan I Adopt a Younger Sibling?
The short answer is yes, provided the person doing the adopting is an adult and meets the other standard qualifications. Adoption by sibling falls under the category of adoption by a relative, also known as a kinship adoption. Generally, adoption agencies do like to keep families together, so kinship adoptions are encouraged whenever possible. Situations…
Read MoreBonnaroo 2019 Is Over, but the Trials and Tribulations Are Just Beginning
In an early news story, USA Today reported that the popular Bonnaroo festival resulted in 100 citations and four arrests on the first day. Most of the 100 citations were for “minor” drug offenses. About two in five of the citations were made while people were working their way to the festival. The 40 entry…
Read MoreThe Basics of Parole in Tennessee
Parole and probation are similar in some ways, different in others. Both terms apply to anyone convicted of a crime. Both terms require that the person convicted comply with all related conditions. Noncompliance with parole or probation conditions can mean that the convicted person will be confined in a jail or prison. Tennessee generally defines…
Read MoreYour Rights When One Spouse Tries to Empty Out the Joint Bank Accounts
Many couples have joint bank accounts during their marriage. Each spouse has the right to make deposits into the account. Generally, each spouse has the right to withdraw from the account any amount that is in the account. Spouses often create joint accounts for practical and romantic reasons. Practically, the couple is pooling their resources…
Read MoreHow Not to Respond to Field Sobriety DUI Tests
Wish TV reported on May 30, 2019, that a woman suspected of driving under the influence gave a text-book response to the Carter County deputy who requested she submit to field sobriety tests. Unfortunately, the text-book reply covered pretty much everything you shouldn’t do if requested to take a field sobriety test. The woman driver…
Read MoreParental Alienation and Child Custody in Tennessee
Sometimes, when parents get divorced, they become a bit competitive for the child’s affections. One parent may allow the child to get away with breaking rules. The other parent may attempt to buy the child’s affection. We caution our clients against this type of behavior, but we know that in some cases, it’s inevitable. There…
Read MoreWhy Bonnaroo Participants Need to Be Aware of Social Media
The Bonnaroo festival is around the corner. In just a few weeks, tens of thousands of tourists will join local Manchester, Tennessee residents in several days of great music and fun. The festival is a place where all visitors can relax and enjoy having a good time. For some visitors, though, the festival can become…
Read MoreAdopting Issues Involved in Adopting a Sibling in Tennessee
Adoptions generally happen in a few ways. A stepparent may want to adopt a child if the non-spousal parent is deceased or has no interest in raising the child. Parents often adopt new children through adoption agencies so the child can be part of a loving family. There are some situations where family members may…
Read MoreBrentwood Police Department Arrests Woman for Child Sex Trafficking
The Tennessean reported on April 30, 2019, that federal and state law enforcement agencies arrested a Brentwood woman as a result of a sting operation. The arrest involved allegations of “trafficking juveniles for the purpose of illicit sex.” The report was based on a press release from the Tennessee Bureau of Investigation. The sting was…
Read MoreDrunk Driving Laws and Penalties for Teenage Drivers
Drinking and driving is dangerous at any age. For teenagers, it is especially dangerous. This is in part because teenagers think they can handle anything. Teens often don’t think through that just one drink can impair their ability to control their cars. Having a BAC of .08 is equivalent to driving after being awake for…
Read MoreBezos Settles Divorce Issues with Wife MacKenzie Bezos
There are high-asset divorces and then there are high-asset divorces. NBC News recently reported that Jeff Bezos and his wife settled their family law matters. The end of the marriage became public when both spouses made announcements on Twitter. Mr. Bezos, according to the story, is the richest person in the world. In addition to…
Read MoreWhy the Bonnaroo Music and Arts Festival Attracts So Many People
This year’s Bonnaroo music festival is fast-approaching. The national event will run from June 13 to June 16, 2019. The four-day event takes place on the Great Stage Park (a 650-acre farm) in Manchester, Tennessee. The festival attracts a broad range of musical styles including classic rock, indie rock, folk, bluegrass, country, gospel, pop, jazz,…
Read MoreTennessee Bill Aims to Make Shared Custody the Presumption in Custody Disputes
State representatives in Tennessee have introduced a bipartisan bill that make joint custody, or shared parenting, the presumption in custody disputes. In Tennessee, when spouses divorce, decisions need to be made about which parents will have legal and physical custody of the children. Legal custody decides who will make decisions about the child’s health, education,…
Read MoreHow to Obtain Divorce Records in Tennessee
The ability to obtain divorce records varies depending on the year you were divorced. Most recent divorce records from 1949 through 2019 can be accessed at the following office: Tennessee Department of Health Office of Vital Records 1st Floor, Central Services Building 421 5th Avenue, North Nashville, TN 37243 The records are kept in a…
Read MorePutting an End to Sexual Assault and Harassment at Festivals Like Bonnaroo
Music festivals and promoters are beginning to take sexual assault safeguards more seriously. Do LaB, a music promoter in LA, is holding training classes on sexual harassment for fans and staff at music festivals. They also provide a medical team “specifically trained to fight sexual harassment as well as counselors available for any victims.” The…
Read MoreFactors for Determining Parental Fitness in Custody Cases
In deciding how to assign legal and physical custody, judges always focus on what is in the best interests of the child. Generally, courts like to have parents share legal custody unless there are strong reasons why only parent shouldn’t have any legal custody. One parent is usually granted (primary) residential custody, and the other…
Read MoreSupreme Court Reigns in Civil Forfeitures
In a unanimous Supreme Court opinion, the nine Justices ruled in February 2019 that the US Constitution’s Eighth Amendment ban on excessive fines applied to the 50 states. The case before the Court was on appeal from the Indiana Supreme Court which has ruled that the government could seize a defendant’s $40,000 Land Rover even…
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