Arrested at Bonnaroo? Here’s what to Do Next
It’s no secret that a few of the more than 90,000 fans that attend Bonnaroo, the legendary music and arts festival in Manchester, TN each year will use drugs or get drunk while having fun at the show. The four-day festival attracts performers that are well known along with more up-and-coming acts who perform in…
Read MoreThe Future of Sonya McCaul
When David and Kim Hodgins agreed to foster a one-year old Sonya McCaul back in 2005, they could not have known how long she would stay. After all, young Sonya had been brought across state lines from Nebraska by her babysitter, and her father was in and out of jail. But even though the Hodgins…
Read MoreThe Uniform Child Custody Jurisdiction and Enforcement Act and Relocation
Families with children face some different legal challenges, especially when one parent no longer resides in the same state. To help make the process easier for parents and for the courts, Tennessee (along with 48 other states) adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which grants exclusive jurisdiction rights to the home…
Read MoreGet Your Tickets TO Bonnaroo, Not AT Bonnaroo
The lineup for Bonnaroo 2015 is going to be announced soon, and people from all over the country will be planning their visit to the 700 acre farm in Manchester, Tennessee to enjoy the festival. Four day long concerts like Bonnaroo feature more than just music, because they celebrate the arts in general. If this…
Read MoreCollege Funds and Divorce: The 529 Investment Plan
Divorce can often be hardest on your children. When you are drafting your divorce settlement, it is a good idea to provide for your children’s educational future in order to avoid conflict and confusion further down the road. In Tennessee, contributions to a college fund must be specified by a court order and voluntarily agreed…
Read MoreA New Tennessee Law Criminalizes Mothers who Abuse Drugs During Pregnancy
A Tennessee law that went into effect on July 1, 2014, would allow a woman to be charged with assault for the harm her drug use has inflicted on her child. State officials thought that this was the best course of action to stem the tide of infants born dependent on drugs. On July 8th,…
Read MoreCan You Really Be Charged with DUI When You are Not Driving Your Car?
In Tennessee, the short answer is yes. Let’s say, for example, you are riding as a passenger in your car while someone else is driving, and that person has had too much to drink. If the police pull the car over because the driver has been swerving or driving erratically, and they charge the driver…
Read MoreWhat Does “Contempt of Court” Actually Mean?
If you watch police procedurals or legal-based TV shows, you’ve probably heard a judge say “You’re out of order, Counselor” (or something along those lines) and then fine the attorney or the client for being in “contempt.” As a general rule, however, these types of shows don’t get the nuances of legal proceedings right, so…
Read MoreSpousal Support 101: Understanding Alimony in Solido
There are four categories of spousal support in Tennessee; alimony in solido, however, is a bit different from the rest of them. Often called “lump sum” alimony, this form of spousal support is the only one that: Can be paid all at once Can be paired in addition to other forms of alimony Does not…
Read MoreCustodial Interference vs. Denying Visitation Rights
A Tennessee woman made headlines in Arizona recently when she and her daughter were founded at a women’s shelter. The news stories claimed that the daughter was “reunited” with her father, and that he’s pressing charges of custodial interference. Custodial interference falls into the same part of the Tennessee Criminal Code as kidnapping, but they’re…
Read MoreIn Tennessee, a DUI Requires a Motor Vehicle
In certain parts of the country, you can receive a DUI / DWI for operating any kind of vehicle – including a bicycle. In Tennessee, however, DUIs are exclusive to motorized vehicles. This includes: Riding a lawnmower Riding a motorcycle Riding a moped Driving a car or truck Riding a scooter Driving an ATV Driving…
Read MoreSimple Assault v. Aggravated Assault
When the Tennessee Bureau of Investigation put together its last report, they discovered that 57% of all crimes in Tennessee are committed against property. Theft and fraud top the list, though vandalism and arson make appearances as well. But from an individual standpoint, there were more cases of assault and aggravated assault than any other…
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 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 MoreDoes Tennessee Examine Religious Preferences in Determining Child Custody?
When couples divorce, it is often due to the normal sources of conflict — money, child rearing, politics, and religion. If you and your spouse disagree over your children’s religious upbringing, a whole host of conflict can erupt. But can a court take religious preferences into account when determining custody? According to a recent article…
Read MoreCharged With Vehicular Homicide in Tennessee?
In Tennessee, vehicular homicide is defined as the “reckless killing of another by the operation of an automobile, airplane, boat or other motor vehicle.” This is a very serious charge, and the penalties are severe. You may be shocked to find yourself in this situation because you never thought you would be charged with a…
Read MorePaternity in Tennessee
Establishing paternity, or identifying the legal father of a child, is very important to all parties involved: the child, the father, and the mother. It can give rights and benefits to all of them. From the father’s point of view, establishing paternity allows him to participate in his child’s life and obtain visitation or custody…
Read MoreThat Traffic Ticket May Be More Serious Than You Think
If you’ve been cited for a traffic violation in Tennessee, you may think it is no big deal, throw the ticket in a drawer, and forget about it. Surprisingly, traffic tickets can add up to significant consequences for numerous drivers in certain situations. In Tennessee, most traffic tickets, such as speeding tickets, are classified as…
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