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Happy about the Undisclosed Rape Law? You Can Thank a Policeman.
Let’s get this out in the open: we know that criminal defense lawyers can sometimes appear a bit, well, harsh on Tennessee police. The police are in the habit of seeking punishment for the accused, while we’re in the business of seeking justice in the courts. It can seem like the two are at odds,…
Read MoreAnswers To Your Frequently Asked Questions About Child Support
The rules regarding child support in Tennessee are pretty solid – but that doesn’t mean that the laws don’t change. As family lawyers, we know you have questions, and often those questions are the same from family to family. So we thought we should address some of the more common queries you have, to give…
Read MoreFor the Family of Holly Bobo, an End May Be in Sight
If you spent more than five minutes in Tennessee since 2011, you’re familiar with Holly Bobo. A young, vivacious nursing student from a small town in Henderson County, Holly was abducted almost three years ago. Now the worst fears of her friends and family have been confirmed. Then last week, a turn of events: police…
Read MoreTennessee is Number One – And it’s Not Good
The reports are out from the Federal government, and Tennessee hasn’t fared so well. Our great state is number one, alright – number one in violent crimes. Turns out, the Volunteer State hasn’t been doing such a great job living up to its charitable name. According to the report, Tennessee ranks highest in the areas…
Read MoreDrug Bust in West Tennessee Yields Drug Crime Charges Against Nine
In early January, multiple law enforcement agencies joined together to arrest nine men and women who were “smurfing” — purchasing pseudoephedrine products in order to manufacture methamphetamine. The individuals in question now face charges ranging from possession of methamphetamine and possession of drug paraphernalia to promotion of methamphetamine manufacture and felony evading arrest. If you…
Read MoreEven if You Keep the House, You May Be Able to Split the Mortgage
When a couple divorces in Tennessee, the judge splits the assets of the marriage – property, retirement accounts, cars – in a way that is equitable, though not necessarily equal. This ensures that each party is treated fairly in the eyes of the law. Because the last few years have been a difficult time for…
Read MoreOur Supreme Court Doesn’t Care about Field Sobriety Tests – Maybe
When you are pulled over for a DUI in Tennessee, the police officer may ask you to perform a field sobriety test. They’re used to test coordination, mostly, so there’s a lot of “touch your nose with alternating fingers while you count to ten” types of tests to see whether or not you’re too impaired…
Read MoreWhat Is the Difference Between Physical and Legal Custody?
Child custody is one of the mostly hotly contested issues in divorce. Even if you and your spouse have mutually agreed to separate and you are both able to cooperate on every other issue, you may disagree about who gets custody of your son or daughter. The court recognizes the importance of both parents in…
Read MoreFactors the Court Considers When Dividing Marital Property
Is your marriage coming to an end? Before you and your spouse can part ways, certain issues must be addressed, including custody, alimony and the division of marital property. If you and your spouse are able to cooperate during your divorce, you can divide your assets however you see fit. However, if you are unable…
Read MoreYour DUI Penalties May Last as Long as Your Criminal Record
It’s a common misconception that getting a DUI in Tennessee is like getting a traffic ticket: once your time is up, so to speak, the charge fades from your record. This is patently untrue. A DUI in Tennessee stays on your criminal record forever, unless your criminal defense lawyer can have it expunged – and…
Read MoreThe Importance of Hiring a Lawyer if Your Child Is Arrested
Has your son or daughter been arrested for underage drinking, vandalism, theft, DUI or any other type of crime? Whether facing misdemeanor or felony charges, it is vital to your child’s future that you retain prompt and experienced legal counsel. Do not make the mistake of thinking your son or daughter needs to learn a…
Read MorePenalties for Marijuana in Tennessee
So far 20 states and Washington, D.C. have legalized medical marijuana. Additionally, Colorado and Washington have legalized marijuana for recreational use. However, cannabis is still illegal in Tennessee and under federal law. This means that while the general attitude toward the substance has changed over the years, it is still against the law to possess,…
Read MoreAlibi: Your Questions, Answered
An alibi is any evidence showing that a defendant was somewhere other than the scene of a crime during the time the crime occurred. While the media and popular culture might portray the alibi as an untruthful or poor defense, the alibi is a perfectly respectable and frequently used legal defense. Here’s a brief overview…
Read MoreFive Key Changes to Make to Your Estate Plan After Divorce
The immediate aftermath of a divorce can be a trying time. There are many things you need to take care of and the tasks can be daunting and overwhelming. While updating your estate plan may not be at the top of your list, picture this ― your loved ones involved in a lengthy court battle…
Read MoreCommonly Used DUI Evidence
Whether your defense to your DUI charges will be successful depends largely on the experience and skill of your DUI attorney and also on the strength of the evidence of your guilt. Common pieces of evidence used in Tennessee DUI cases include the following: Blood and Breath Tests Blood or breath tests, which determine the…
Read MoreWhat to Expect at Your Arraignment
The criminal court procedures can be intimidating for anyone. If you are facing misdemeanor or felony charges, you probably have a host of questions and concerns about how the system works and what to expect. The first court appearance you will probably face is known as an arraignment, sometimes called an “initial appearance.” This proceeding…
Read MoreFive Common Criminal Defenses
To successfully convict a criminal defendant, the government must prove the defendant was guilty beyond a reasonable doubt. The most common defenses criminal defendants may raise can be grouped into two general categories ― first, denying the defendant did anything (including the alibi defense), and second, acknowledging the defendant did the act but only under…
Read MoreProtecting College Funds From Divorce
Many parents have college funds set up for their children where they contribute money each month to head off the overwhelming costs of college when the day comes. But you may wonder what happens to a college fund upon divorce. Can your spouse cash out your child’s plan early without your consent? College savings plans…
Read MoreQDROs: What You Need to Know
In many marriages, the retirement accounts that the spouses own are some of the largest financial assets in their portfolio. When the couple divorces, numerous questions arise as to how to equitably split up the retirement accounts and, in fact, whether it can be done at all. The answer is that the retirement accounts can…
Read MoreDivorce Mediation FAQs
Divorce mediation is the process by which a specially trained neutral third party (the mediator) meets with a divorcing couple to help them resolve their disputes without having to go through a court trial. The mediator can help the couple decide issues such as distribution of property, taxes, child support, and child custody or parenting…
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