Supreme 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…
Read MoreCan You Date While You’re Legally Separated in Tennessee?
Separations are a middle ground for most Tennessee couples. This means the spouses do recognize that that marital relationship isn’t working, but they aren’t ready to terminate the marriage. Separations generally require that the spouses live apart. Tennessee may resolve some issues such as child custody and child support at the time of the legal…
Read MoreHow to Prepare for a Bonnaroo Court Appearance
The Bonnaroo music festival in Tennessee is a wonderful experience for thousands and thousands of music lovers each June. The festival draws people from across the county. While many attendees love the performances, there are hundreds of people each year who are charged with crossing the line. These few hundred people are charged with selling…
Read MoreHow to Prepare for the Initial Meeting with a Divorce Lawyer
Divorces are traumatic experiences for most people. If there are children of the marriage, divorces are even more stressful. There are normally many issues that must be resolved in addition to the divorce. These extra issues include property division and alimony. For kids, child custody and child support issues must be resolved. One of the…
Read MoreTricks to Defeat a Breathalyzer Test? They Don’t Work.
Failing a breathalyzer test has severe consequences. For starters, you will likely be charged with driving under the influence of alcohol. A conviction for a DUI can mean imprisonment and substantial fines and court costs. Your license may be suspended. You will have a conviction on your record which can make it hard to get…
Read MoreWhat Kind of Technology Can Legally be Used in Family Law Matters?
Have you ever been in such a relationship where you want to end things as quickly as possible? With today’s technology it is easy to break things off with your significant other if you aren’t married. You can send out an email, shoot them a text, or even simply leave a voicemail for them to…
Read MoreI Was Arrested for One Crime at Bonnaroo, but Charged with Another. Can They Do that?
As you know, Bonnaroo is a popular music festival. It’s also a “popular” place for local police to make a lot of arrests. But what happens if you’re arrested for one crime, but then charged with multiple crimes. Can the cops even do that? Yes, they can. It happens more often than you think. More…
Read MoreCan I Get a DUI if I’m Under the Legal Limit?
Going out for a night on the town can end badly for you and your friends if you’ve had too much to drink. But what if you haven’t had “too much” to drink? Is it possible to get a DUI if you are under the legal limit? The short answer is, yes – you can…
Read MoreIs Divorce Bad for the Kids?
In all our years of helping clients and families, we’ve lost track of the number of people who have told us they wished they could have “stuck it out, for the sake of the children.” The truth is, yes – divorce can cause problems for your children, but in many cases, a bad marriage can…
Read MoreReduce the Risk of Being a Victim at Bonnaroo This Year
Festivals like Tennessee’s Bonnaroo Music Festival are a wonderful time for people of all age. They help to bring communities together, to listen to old favorites and to new performers across a wide spectrum of music styles. While these festivals can be a lot of fun, those in attendance should be aware that crimes do…
Read MoreWhy Children May Need a Guardian
Parents are the natural (and legal) guardians of their children. This means they can decide the daily living issues for their children and the long-term issues. This includes making decisions about their health, well-being, religious upbringing, financial matters, and other issues. Sometimes, though, a parent is unable to function as a guardian. When one parent…
Read MoreWhat Happens After You Are Formally Arrested for a Criminal Offense
Any arrest is frightening. The police immediately take control of your life. It helps if you understand the process so that you know what to expect and so that you can make reasonable decisions. After you’re arrested or placed in custody, the arresting police officer has a duty to warn you of your Miranda rights.…
Read MoreSome of the Strangest Marriage Laws
Many states in America have unusual marriage laws that are still on the books. While many of these laws aren’t enforced, there’s always the possibility they could be. As people move in and out of Tennessee, it’s helpful (and OK – it’s fun, too) to know what some of these odd laws are. Some of…
Read MoreDUI Checkpoints: What You Should Know
Police need a reasonable suspicion that someone is driving while intoxicated before they can stop and question them. Examples of reasonable suspicion include a driver who isn’t following traffic laws, is weaving in and out of traffic, or who has an open bottle of beer in their car. Tennessee, like most states, allows for an…
Read MoreHow Guardianship of a Child Works in Tennessee
Guardianship is a legal arrangement in which a responsible authorized adult agrees to care for someone who can’t care for him or herself. Guardians are usually used for children who don’t have parents or don’t have capable parents, and for some adult children with special needs. Seniors may also need a guardian. When children need…
Read MoreTennessee’s Sex Offender Registry – Tiers and Reasons for Removal
Tennessee has adopted the federal Sex Offender Registration and Notification Act (SORNA) which sets the minimum standards sex offender must meet for registration and notification. For most convicted sex offenders, the requirement to register as a sex offender is horrific. The registration can be searched by the public. Registration brands defendants, often for life. Registration…
Read MoreHow the Tax Cuts and Jobs Act of 2017 Affects Divorce and Alimony
Spouses who are considering a divorce or negotiating a divorce need to understand how the recent federal tax law, signed in December 2017, affects their taxes. The main change in the tax law affects the payment and deduction of alimony. The new law also affects how businesses are valued which, in turn, affects the equitable…
Read MoreDUIs and Administrative License Suspensions
If you are arrested for driving under the influence of alcohol, the Tennessee Department of Safety (DOS) will normally seek to suspend your license. There are two basic reasons the DOS will seek to suspend your license through an administrative process. The first is due to being charged with a DUI. The second is –…
Read MorePractical Tips for Surviving Divorce During the Holidays
Going through a divorce during any season is traumatic. It is especially difficult for spouses and children during the holiday season, when so much attention is on spending time with family. During the winter holidays, parents are accustomed to taking family photos, spending time with relatives, sharing the joys of parenthood, reflecting on the past…
Read MoreWhat Happens at a Preliminary Hearing?
Defendants who are charged with most crimes have a right to a preliminary hearing. This hearing takes place after the defendant has been arraigned (entered a plea) and after bail has been set. There are some procedural differences between federal and state preliminary hearings, but the basic strategies criminal defense lawyers use are the same…
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