Latest Blog Posts By Category

Can a Child Choose Which Parent to Live With in Tennessee?

What Age Can a Child Choose Which Parent to Live With? If you’re breaking up with your child’s other parent or if you’re a parent headed toward divorce , and you’re wondering if older children can choose which parent to live with, you’re not alone. A lot of people believe that once a child reaches a certain age, generally 12, 13, or 14, that the child has the power to choose which parent to live ...

Do I Have to Take a Breathalyzer Test?

In Tennessee, over 8,000 people were arrested on charges of driving under the influence (DUI) during the year 2014. There are a number of tests a law enforcement officer may administer if you are suspected of drunk driving, including field sobriety tests and a breathalyzer test. Up until the moment of your arrest, however, they are generally considered voluntary. That said, even if you refuse to ...

Penalties of a Domestic Assault Conviction in Tennessee

Domestic assault is a serious issue in the state of Tennessee and, as such, the consequences of a conviction can be quite severe, depending on the details of the crime. In addition to the criminal penalties one may face, a conviction may also impact a defendant’s ability to own a firearm, retain employment, and rent an apartment. If you are facing domestic assault charges, it is crucial to hire an ...

Common DUI Defense Strategies

If you are facing DUI charges, we understand how overwhelming and stressful this situation is for you. Oftentimes, people assume that they have no chance of defeating these charges, but this is far from the truth. With an experienced criminal defense attorney on your side, you can mount an effective defense to protect your rights and future. Defending Yourself Against a DUI A DUI charge is not a ...

Top 5 Benefits of Mediation

Mediation is when a couple looking to divorce meets with an impartial third party to assist in negotiating the terms of the divorce. A mediator leaves the final decision to the parties involved; they will not decide what is fair and will not place blame on either party. Instead, a mediator acts as a catalyst between the opposing parties and attempts to bring them together by shining a light on ...

Can a Child Choose Which Parent to Live With in Tennessee?

What Age Can a Child Choose Which Parent to Live With? If you’re breaking up with your child’s other parent or if you’re a parent headed toward divorce , and you’re wondering if older children can choose which parent to live with, you’re not alone. A lot of people believe that once a child reaches a certain age, generally 12, 13, or 14, that the child has the power to choose which parent to live ...

Is it Possible to Modify My Alimony Payments?

The short answer to this question is, yes, you can modify your alimony payments. However, it all depends on the circumstances of your situation and whether or not your life recently underwent any change that warrant a modification of your alimony payments. Before you go any further, it is crucial to seek experienced legal counsel from a family law attorney. In the meantime, please review our list ...

Penalties of a Domestic Assault Conviction in Tennessee

Domestic assault is a serious issue in the state of Tennessee and, as such, the consequences of a conviction can be quite severe, depending on the details of the crime. In addition to the criminal penalties one may face, a conviction may also impact a defendant’s ability to own a firearm, retain employment, and rent an apartment. If you are facing domestic assault charges, it is crucial to hire an ...

Types of Assault Charges in Tennessee

There are two types of assault (simple and aggravated), and those accused can face misdemeanor or felony charges. Depending on the severity, penalties can from prison time to fines. Simple Assault Simple assault is defined as knowingly or recklessly causing bodily harm to another person. Simple assault can result in: a victim reasonably fearing imminent bodily injury; or physical contact with ...

What Household Objects Can Be Considered Drug Paraphernalia?

Common Items that Can Turn Criminal Nonprescription drug use is a well-understood criminal offense. Possession of drug paraphernalia is equally punishable, and charges can even arise from items that are originally innocent. When an item is used to consume, cook, hide, inhale, prepare, or test illegal drugs, it becomes drug paraphernalia. If used in such a way, an individual can be charged with ...

Expunging a Simple Possession Charge in Tennessee

Clear Your Record and Protect Your Future A simple possession charge carries penalties that are anything but simple. When convicted, an individual could face probation, fines, or jail time. Even after you’ve endured the punishments, the charge stains your record permanently, unless later expunged. An expungement returns a person’s record to the state it was in before the crime. That is to say that ...

Understanding a Drug Paraphernalia Charge

The possession of drug paraphernalia is a Class A misdemeanor in Tennessee and it is a separate charge that is typically associated with other charges, including drug production, intent to sell, and drug possession. If you receive a conviction for this charge, you may receive a jail sentence up to 11 months and a fine of up to $2,500. If you receive a conviction for possession with intent to ...

How Does an Ignition Interlock Device Work?

Ignition interlock devices (IIDs), also known as breathalyzers, are frequently installed in the vehicles of those charged with DUIs as an effort to reduce any further drunk driving offenses. While all 50 states have some sort of ignition interlock device protocol in place, Tennessee is one of 34 states where everyone convicted of driving while intoxicated must install an IID in their car. How it ...

Can I Get Fired for Getting a DUI?

Understanding the Extent to Which a DUI Conviction Can Affect Your Life Drunk driving convictions carry hefty fines, lengthy jail sentences, and suspension of one’s driver’s license. Beyond the criminal penalties one could face, a DUI conviction has the potential to affect many aspects of one’s life, potentially even their employment status. Tennessee Employment Laws As Tennessee is an employment ...

How Long Does a DUI Charge Stay on My Record?

Understanding the Severity and Permanence of Tennessee DUIs DUIs are major offenses in every state with the severity of punishments reflecting the seriousness of the crime. While many of the punishments are geared towards correcting behavior, such as by necessitating participation in driving safety courses, the conviction leaves a lasting stain on a Tennessee criminal record. Luckily, in some ...

What Are a Father’s Rights in Tennessee?

In 1997, Tennessee lawfully determined that a parent’s gender should not affect whether they receive primary custody of their children. It’s stated in the Tennessee Code Annotated 36-6-412 that “It is the legislative intent that the gender of the party seeking to be the primary residential parent shall not give rise to a presumption of parental fitness or cause a presumption in favor of or against ...

What Is a Conservatorship?

To be the conservator of another person, or to enter a legal conservatorship, you must be able to prove that the other person is a disabled or incapacitated adult who requires someone else to handle any and all decision-making responsibilities for them . A conservatorship can be permanent or temporary, if the incapacitated adult is merely unable to protect themselves or their estate due to an ...

Is it Possible to Modify My Alimony Payments?

The short answer to this question is, yes, you can modify your alimony payments. However, it all depends on the circumstances of your situation and whether or not your life recently underwent any change that warrant a modification of your alimony payments. Before you go any further, it is crucial to seek experienced legal counsel from a family law attorney. In the meantime, please review our list ...

Specialists, General Practitioners, and the Holistic Practice of Law

A recent article by the American Bar Association asked the question, “are lawyers getting too specialized?”. The author’s theory was that as attorneys continue to become hyperspecialized, they lose the ability to solve more complex legal problems because they have lost the 10,000 foot view, or as he called it, the “legal sixth sense”. In other words, lawyers who are specialists lack the ability to ...

Another Murder Case Dismissed Without a Trial

In November 2016, we announced that criminal defense attorney and partner Chris Clark had successfully persuaded the State of Tennessee to dismiss first degree murder charges against a client. Well, it has happened again. On July 16, 2018, the State of Tennessee dismissed first degree murder and other serious felonies against a client. The client was charged in a six-count indictment that included ...

New Laws Give High Penalties for Poaching Big Game

One of Tennessee’s most valued assets is its abundance of natural wildlife. Our wildlife population includes several species of big game and has been a draw to hunters for generations. The state is as serious as ever about protecting that resource. Tennessee has always had in place various wildlife laws regarding those who poach big game animals. However, local landowners began working with ...

Can I Get a Restraining Order Removed?

In the state of Tennessee, when a person is abused, threatened, stalked, harassed, or a victim of domestic violence , they may seek a protective order with the courts which requires their alleged abuser to stay a certain distance away from them. Also known as “restraining orders,” these orders usually remain active for one year, though they may be modified by the courts as they see fit. But what ...

How Can I Defend Myself Against a Tennessee Weapons Charge?

Understanding Tennessee Weapons Laws and How to Defend Yourself Against Them While the Constitution continues to protect Americans’ rights to bear arms, states impose certain restrictions to protect the public from unnecessary access to tools of excessive force and danger. Tennessee incriminates anyone carrying a weapon without the appropriate permits. If you have been charged with illegal ...

Can I Be Convicted of a Weapons Charge if I Carry a Knife?

Due to Tennessee’s vague legislative language, it can be difficult to understand exactly what type of weapon will get you convicted of a weapons charge . As of 2013, it is legal to own any type of knife, including: throwing stars; daggers; dirks; swords; sword canes; and machetes. Concealed Weapon Charge There are generally no prohibited knives under statute laws, but you may still be convicted if ...

Possession of a Handgun While Under the Influence in TN

If you are a firearm enthusiast, you probably value your right to bear arms. After all, firearms allow law-abiding citizens to protect themselves, their families, and their homes from criminals. Research has shown that when citizens are armed, and criminals know it, they will usually avoid the properties that are protected by armed homeowners and business owners. There are strict state and federal ...