Criminal Defense Attorney in East Tennessee

Criminal defense attorneys in Sevierville, Gatlinburg, and Pigeon Forge Tennessee strive to help individuals in the most desperate of times. Licensed Tennessee attorneys have the experience and aggressive nature that clients deserve. Contact the law office of Andrew E. Farmer if you have been charged with a crime in east Tennessee. Our office will give you the legal advice that you deserve. We have handled both criminal and civil cases in east Tennessee. You may visit our web-site at http://www.andrewfarmerlaw.comfor more information regarding Tennessee law.

Andrew E. Farmer
103 Commerce Street
Sevierville, TN 37862

Attorney at Law

Civil litigation
Criminal Defense
Workers Compensation
Family Law
Divorce
Wills/Trusts/Estates
Asset Defense Litigation

East Tennessee Attorney
Licensed Tennessee Attorney
Criminal Defense Attorney in East Tennessee
Civil Litigation Attorney in East Tennessee-Sevierville, Gatlinburg and Pigeon Forge

Aggressive representation that you can depend on. Do not hesitate to contact our office located in Sevierville, Tennessee. Visit our web-site at www.andrewfarmerlaw.com for more information. Late appointments available upon request.

Evidence Seized Pursuant To An Improper Search

As Americans, we are protected "against unreasonable searches and seizures" under the Fourth Amendment to the United States Constitution. Search warrants are not to be issued for less than "probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized". If a judge finds that a police officer or other law enforcement agent violates an individual's Fourth Amendment rights, then any and all evidence they collect as a result of the illegal search will be excluded at trial. This is what is known as the "exclusionary rule".
If you feel that your rights have been violated, contact the law office of Andrew Farmer. We want to help.

Accidents With An Over the Road Truck

It seems that the public often looks at truck accident cases just like any other car wreck case. Unfortunately, this failure to consider a truck accident case as unique is a mistake. In doing so, the trucking company may escape responsibility for putting an unsafe vehicle on the road, pushing a driver to the point of exhaustion and putting profits over public safety. Although there is much to consider in any trucking accident case let's start with the rear end collision:
People often believe that rear end collisions are the fault of the driver that collides into the rear of a vehicle. This is not always the case. When a passenger vehicle collides with the back of a large truck and/or tractor-trailer, and runs beneath it, the resulting accident could be that the amount of damage or resulting injury could have been avoided if:
1. The truck had a rear guard designed to prevent these types of accidents. 2. If the truck has a guard, but it is designed poorly and fails to provide adequate protection resulting in serious injury. 3. Reflective tape or reflectors, used to warn approaching cars, is missing or obscured by mud or dirt.
It is also important to note how the car held up in this type of collision. Was the car "crash worthy"? Did the air bags deploy? Did the glass shatter? Did the seat belts work? A proper inspection should be made of any car involved in a serious accident. Scenarios like this often occur. If you have any questions, contact the Law Office of Andrew Farmer.

Sales Contract

"What is a fixture? My contract to sell my house said that all applicable fixtures are to remain. What does this mean?"

By definition a fixture is a tangible object that had been personal property but has become so attached to the real property that it has become a part of it. To be a fixture, the object must retain its original identity even after being affixed to the real property.
For example, if you go to a store that carries sinks then the sink is personal property, but once it is installed and is affixed to plumbing, then it becomes a fixture. A refrigerator that plugs in is not a fixture and would have to be agree upon specifically in a contract to sell a home, if it is going to stay in the home. Attorneys can answer legal questions regarding contracts. The law office of Andrew Farmer has serviced clients from Sevierville, Pigeon Forge, Gatlinburg, Knoxville, Dandridge, Jefferson City, Newport, Johnson City, and Kingsport, and is ready to assist you with any legal matter that you may need help with.

Premises Liability

"I fell leaving a basketball game in Knoxville. I slipped on a patch of ice leaving the arena and broke my wrist. What can I do?"

If the storm was occurring and everyone was having to deal with it at that moment then no one is liable. It was just an accident. However, if the snow or sleet wasn't currently falling and it was just a hazardous condition, then maybe they are liable. Let's take a look at some elements of premises liability.

In Tennessee the person or entity responsible for maintaining a piece of property in a safe condition can be named in a premises liability suit if a person is injured on the property because of negligent maintenance. For example, the landlord of an apartment complex, who also manages the building, has the responsibility to keep it safe or be held liable.
In the fall at the arena question, you are an invitee An invitee is someone who comes to a property for business, or something that is to the economic advantage of both parties. The most common business invitee, of course, is someone who goes to a commercial establishment like a store, restaurant, health club, tavern, spa, bank, or office.
Business invitees are entitled to the highest level of care. The people responsible for making a property safe must exercise care to make sure the property is safe for business invitees. If dangerous conditions can’t be repaired, business invitees must be warned of any danger.
If you feel that any of these situations apply to you, then seek legal counsel. The law office of Andrew Farmer wants to help.

Tennessee Consumer Protection Act

A client called recently, really angered by the product that he had received and said that "the company was unwilling to remedy the problem, after being repeatedly told that they would take care of it"

If you feel that you have been wronged or defrauded in some way by a business or service industry, then the Tennessee Consumer Protection Act can be your friend. This Act provides that any person who suffers an ascertainable loss of money or property as a result of another person or entity employing an "unfair or deceptive act or practice" in selling consumer goods may sue that seller. You may be eligible for treble damages (3X) if this has occurred to you. Call the law office of Andrew Farmer if you feel that you may need assistance or find yourself in a similar situation.

Prenuptial Agreement

"Do I have to disclose all of my assets in a prenuptial agreement?"

Absolutely! For a prenuptial agreement to be valid, all assets of each party need to be disclosed. In addition, custody and child support details cannot be negotiated in a prenuptial agreement. It is also wise not to have a fiance to sign the agreement on the day or eve of your wedding. Otherwise, it could be argued that the agreement was signed under duress, as a condition of marriage. If you have question or issues that arise, the law office of Andrew Farmer can assist you.

Can I Disown My Child In My Will?

This question was posed to our office recently.

Whereas most people want to include their children in a will, you may leave your child out of your will. Better yet, I would set a will up so that people who may think that you want them to have something get something. For example, people that you wish to exclude, name them in your will. Give them $1.00. This lets the court know that you have not accidentally left them out of your will, and they are getting just what you want them to get. Whether it be a child or anyone else that you really don't want to be in your will, the law office of Andrew Farmer can help you.

Can a videotaped statement be used against a defendant in a criminal trial, constitutionally?


In short, the answer is no! The Tennessee Supreme Court has held that under both state and federal confrontation clauses, ex parte videotaped statements cannot be used to convict a defendant. Under the Tennessee Constitution, the defendant has a right to come "face to face" with the accuser. Under the federal constitution, the defendant has a right to "confront" the accuser.

I was on vacation in Florida when I was involved in an accident with someone who lives there. Where should I file a lawsuit?

It would be best to file the lawsuit in the county where the accident occurred, since the other party is someone who lives there. Tennessee law looks at the most significant relationship of the parties in determining who may have jurisdiction and since the accident occurred there and the other party is from there, it would be best to file there. You may want to check with an attorney in your area. There is always a possibility that they know an attorney in the city where you need to file your lawsuit. Good luck!

lost property

" I found a lottery ticket that ended up being a $25,000.00 winner....can I keep it?"


It depends. Tennessee has various rules depending on how the personal property in dispute came into the possession of its current owner. For example, if property is truly lost, which seems to be the case with the lottery ticket, then the finder would hold superior rights to all others except for its true owner. An owner claiming such would have to present proof as to ownership. In all likelihood, the $25,000.00 will be yours.
If property is mislaid, intentionally placed there by the owner and forgotten, then the finder of such would also have less of a right than the owner of the real property where the mislaid property is found. Both of their rights would still be subordinate to the true owner's rights.
Abandoned property is property that has been voluntarily relinquished by its true owner. The finder of such has title over all others, but if the finder is a trespasser, then the owner of the property on which it was found has better title.
Lastly, a buyer of personal property has whatever rights the seller truly had.

These are things that a qualified attorney can assist you with. The staff at the law office of Andrew Farmer can help you with assets or asset defense.

interesting facts in law

A delivery driver recently ran a stop sign and hit a vehicle containing a family of tourists. Is the employer responsible for the delivery guy's actions?

Generally speaking, employers are liable for the torts of their employess. However, if an employee is acting outside the scope of his employment, then the employer is usually not liable. In this case, the delivery guy was in a hurry to drop off the goods for his employer and ran the stop sign. The employer can be held vicariously liable through a doctrine called respondeat superior.

If you suffer an injury consult a licensed attorney for advice about your injury . The Law Office of Andrew Farmer can assist you or give you guidance in instances like the one mentioned.