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Having a Conversation with Your Child’s Teacher about Your Divorce
Telling your child’s teacher that you are going through a divorce might not be high on your list of priorities, but it should be. Whatever happens in your home has an impact on your child. If your family is going through a rough patch, your child may display behavior at school that is inconsistent with…
Read MoreGifts and Asset Division in Divorce—It’s Complicated
Depending on how long a couple has been married, they will likely accumulate various different kinds of property during the marriage. From homes and cars to boats and vacation properties, jewelry and investments. Property and assets that the couple acquires after the wedding and to which they are joint owners is marital property. Marital property…
Read MoreCan I Be Arrested for a DUI after Passing the Field Sobriety Test?
You are driving along I-65 late on a Friday evening. You might have had a beer or two while you watched the game, but you are by no means drunk, or so you believe. The next thing you know, you see those flashing blue lights and hear the chirp of a police cruiser pulling you…
Read MoreWhat is the Process for Getting a Restricted License after a DUI in Tennessee?
If you have been convicted of DUI in Tennessee, one of the penalties is that you can lose your driving privileges for one year. That means that you would be unable to drive your car to get back and forth to work, to school if you are a college student, to the doctor’s office and…
Read MoreWhat are the Consequences of a Domestic Violence Conviction in Tennessee?
Domestic violence is a serious issue in Tennessee with significant consequences. According to the National Coalition Against Domestic Violence (NCADV), 43 Tennesseans were murdered by intimate partners in 2014. Firearms were involved in 75 percent of these homicides. Tennessee law enforcement received 74,023 reports of domestic violence crimes, but many also went unreported. There were…
Read MoreWhen is it OK for a Police Officer to Search Me?
Most people understand that the 4th Amendment to the U.S. Constitution protects us from having to submit to unreasonable search and seizure, but there is considerable confusion about the details. A police officer can stop you and ask you questions, but he or she is not permitted to search you unless they have probable cause…
Read MoreTips for Avoiding a DUI at Bonnaroo
Before long the 2016 Bonnaroo season will be in full swing here in Tennessee. From June 9th through the 12th, Manchester, TN will bloom into a small city with thousands of visitors who will be our guests for the four day music festival-palooza. We are going to be honest and let you know that you…
Read MoreQuestioning the Legality of Drug Testing Kits at Music Festivals like Bonnaroo
For five days each summer, the Old McAllister 750 acre farm located outside of Manchester, Tennessee becomes the sixth largest city in Tennessee, jam-packed with nearly 100,000 people when Bonnaroo comes to town. The largest music festival in the United States, Bonnaroo takes over the sleepy little town of Manchester with its 10,000 residents located…
Read MoreDo I Have to Take a Field Sobriety Test When I Get Pulled Over in Tennessee?
That queasy feeling in the pit of your stomach that comes when you have seen the blue lights flashing in your rear-view mirror and you realize that you are being pulled over by a police officer. It is really late at night and you are on your way home from a party. You have consumed…
Read MoreIs Your Former Spouse Unemployed or Under-employed to Avoid Paying Child Support?
The adversarial divorce is over and your former spouse has been ordered to pay child support for the child you have together; however, you believe that they are not making an effort to find a job because they want to avoid paying child support. What can a primary residential parent do when the alternate residential…
Read MoreBalancing Privacy and Protection: Tennessee Law Enforcement’s Use of Body Cameras and Dash Cams
In October of 2014, 17-year-old Laquan McDonald was shot 16 times and killed by a police officer in Chicago. The whole event was captured on the dashboard camera of another police patrol car on the scene. The dash cam footage was not released until November 2015, which is 13 months after the incident. The footage…
Read MoreObtaining Police Personnel Files to Support Your Criminal Defense Case
If you have been arrested and charged with a crime, and you observed some form of misconduct on the part of the arresting officer – whether it was the use of excessive force, a violation of your civil rights, or you suspect that they might have planted or tampered with evidence – you may wonder…
Read MoreCan You Fight an Ignition Interlock Device Penalty in Tennessee?
An Ignition Interlock Device (IID) is a piece of equipment that contains a breathalyzer. It connects with a vehicle’s ignition system and requires the driver to breathe into it before the car will start. If the driver has more than .02 BAC (Blood Alcohol Concentration) in their breath, the vehicle will not start. If the…
Read MoreUnderstanding Electronic Discovery in Divorce Litigation
We are surrounded by electronic screens in every aspect of our lives these days. Our mobile phones are never out of reach, we stare at computer screens all day and then stare at a television screen in the evening, which is likely to be streaming content from the Internet. Because we use electronic devices constantly,…
Read MoreJudge’s Ruling on a Procedural Flaw Could Affect 80 Sullivan County DUI Cases
There has been a glitch in the way DUI cases have been processed in Sullivan County for the past 20 years. Until recently, no one took notice that Rule 3 of the Tennessee Rules of Criminal Procedure were not being followed in Sullivan County, which could lead to the dismissal of at least 100 pending…
Read MoreChanges to Tennessee’s Vehicular Homicide Sentencing in 2015
Tennessee changed its sentencing law on vehicular homicide back in 2015. Vehicular homicide is the “reckless killing of another by the operation of an automobile, airplane, motorboat or other motor vehicle, as the proximate result of: Conduct creating a substantial risk of death or serious bodily injury to a person; The driver’s intoxication, which includes…
Read MoreAlcohol and Drug Abuse Can Affect Alimony Payments in Tennessee
Alimony, sometimes called spousal support, is awarded to a spouse by a judge. Unless you and your spouse have worked out a plan in your Marital Dissolution Agreement, the process of awarding alimony is an entirely subjective one: a judge is not forced to award alimony to anyone. However, if you file under certain grounds,…
Read MoreRobbery and Theft Abound In Tennessee
A man was attacked and robbed recently outside of the Donelson-Hermitage YMCA after setting up a meeting with Ronald Payne, 22, and Tyler Austin, 18. The victim got to a phone after the duo punched him in the face and took his cell phone, keys, and wallet, and reported the incident to police. Officers responded…
Read MoreSmuggling Drugs into Jail is a Felony
Eight suspects are facing indictments for smuggling drugs into Wilson County jail before they were scheduled to be incarcerated. According to the Wilson County Sheriff’s Office, the suspects knew they were going to serve time, and attempted to smuggle prescription drugs, marijuana and cocaine into the facility. Department spokeswoman Sharon Curstis-Flair said, “In some cases,…
Read MoreWhat are the Real Life Consequences of a Misdemeanor Conviction?
Misdemeanors are commonly considered to be relatively petty crimes with the maximum jail time of 11 months and 29 days and fines of up to $2,500 in Tennessee. Depending on the circumstances, an individual who is arrested for a misdemeanor may not end up serving any jail time at all, but the other consequences of…
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