Tennessee Highway Patrol warns of stiff penalties for certain tactics to avoid traffic jams

We have all been stuck in the long waits of the post-Christmas traffic.  We have all seen as drivers looking to avoid the long waits have taken shortcuts by turning in the medians or driving in the turn lane.  A report from the Tennessee Highway Patrol says they are looking for those individuals who are breaking the law to avoid traffic jams.  These tactics could result in substantial fines and points on your driving record.  Additionally, there could be reckless driving charges that arise out of these often dangerous tactics.  As we approach the new year remember to play it smart and play it safe when avoiding the traffic.  If, however, you find yourself charged with reckless driving or any other driving charge, please call the Law Offices of Andrew E. Farmer.  Our licensed Tennessee attorneys practice in Sevier, Blount, Jefferson, Cocke & Knox Counties. 

New Hampshire Man Gets DUI on Steamroller

In Tennesee, our statutes define driving for the purpose of a DUI as being in physical control of any automobile or other motor driven vehicle while intoxicated.  Since a steamroller is motor driven, it is possible to get a DUI in Tennessee on construction equipment.  However, the person must be in control of the motor driven vehicle on a public road, highway, street, alley or while on the premises of a shopping center, trailer park, apartment house complex or any other premises that is generally frequented by the public at large.  If you find yourself facing a DUI charge in Pigeon Forge, Gatlinburg, Sevierville or in Knox, Cocke, Jefferson or Blount Counties, then let the licensed Tennessee attorneys of The Law Offices of Andrew E. Farmer fight for you.

Credit Cards, Christmas & Bankruptcy

A recent statistic said that 30% of all gifts purchased for this Christmas were purchased on credit cards.  That means of the billions of dollars spent over the past month and a half were largely furnished with money that we the average consumer did not actually have in our pockets.  In a time of weak employment prospects and a bad economy such a large amount of debt can be overwhelming.  If you find yourself buried under mountains of bills and credit card debt, then the Law Offices of Andrew E. Farmer can bring you some much needed debt relief.  Our Chapter 7 Bankruptcy attorneys practice in Sevierville, Pigeon Forge, Gatlinburg & the surrounding counties of Knox, Blount, Jefferson and Cocke. 

Santa Breached Our Contract.....

So here I am a 12 year old boy and all I want is that one video game, you know the one.  It is the one I have wanted all winter long.  So I hold up my end of the deal.  I'm a good boy (as much as any 12 year old can be) and I do most of what I am asked to do by my parents.  Santa even had a big plate of cookies and milk left out for him on Christmas Eve.  So Christmas morning what do I find under that glowing and glistening Christmas Tree?  Socks and new sweater.  (A sweater uglier than last year's sweater even!)  Santa we had a deal.  I held up my end of the bargain and you dropped the ball.  I'll see you in Court fat man.  Consider yourself served!

PS.  I'm kidding Santa! I don't want coal this year.  I promise not to sue.  Besides, the Statute of Limitations ran on that years ago.   


MERRY CHRISTMAS FROM THE LAW OFFICES OF ANDREW E. FARMER!!!!!!

Are all debts that I owe dischargeable in bankruptcy?

While the majority of debts that individuals incur are able to be discharged in bankruptcy, there are a few types of debts that may not be discharged by filing a Chapter 7.  These debts include certain tax debts, student loans, child support & alimony, marital debts incurred from a divorce decree, debts from intentional torts, damages from driving while intoxicated, court fines & criminal restitution, credit purchases of more than $500 within 90 days of filing the bankruptcy, and cash advances that total more than $750 within 70 days of filing bankruptcy. 

If you have debts that are overwhelming you and you need a fresh start, then let the Law Offices of Andrew E. Farmer provide the debt relief you need.  We serve Sevier, Jefferson, Cocke, Blount & Knox Counties.

Grounds for Divorce in Tennessee

In Tennessee, a couple may get divorced by agreement without fault being found against either person where the parties agree and enter to what is called a marital dissolution agreement.  This is a contract between the couple that says that the parties have irreconcilable differences and fully divides the couples' debts, property, assets and custody. 

When there is not an agreement, then there must grounds for which the court can grant a divorce.  The grounds for divorce in Tennessee are as follows:

(1) Either party, at the time of the contract, was and still is naturally impotent and incapable of procreation;
(2) Either party has knowingly entered into a second marriage, in violation of a previous marriage, still subsisting;
(3) Either party has committed adultery;
(4) Willful or malicious desertion or absence of either party, without a reasonable cause, for one (1) whole year;
(5) Being convicted of any crime which, by the laws of the state, renders the party infamous;
(6) Being convicted of a crime which, by the laws of the state, is declared to be a felony, and sentenced to confinement in the penitentiary;
(7) Either party has attempted the life of the other, by poison or any other means showing malice;
(8) Refusal, on the part of a spouse, to remove with that person's spouse to this state, without a reasonable cause, and being willfully absent from the spouse residing in Tennessee for two (2) years;
(9) The woman was pregnant at the time of the marriage, by another person, without the knowledge of the husband;
(10) Habitual drunkenness or abuse of narcotic drugs of either party, when the spouse has contracted either such habit after marriage;
(11) The husband or wife is guilty of such cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and improper which may also be referred to in pleadings as inappropriate marital conduct;
(12) The husband or wife has offered such indignities to the spouse's person as to render the spouse's position intolerable, and thereby forced the spouse to withdraw;
(13) The husband or wife has abandoned the spouse or turned the spouse out of doors for no just cause, and has refused or neglected to provide for the spouse while having the ability to so provide;
(14) For a continuous period of two (2) or more years both parties have lived in separate residences, have not cohabitated as man and wife during such period, and there are no minor children of the parties.

If you are looking for experienced licensed Tennessee attorneys to help you through the legal maze of divorce, then let the Law Offices of Andrew E. Farmer be your guide.  Our attorneys practice in Sevier, Jefferson, Cocke, Blount & Knox Counties.

DNA is enough to toll Statute of Limitations indefinetly?

A recent Tennessee Court of Criminal Appeals case has upheld the conviction of a man for attempted aggravated rape for an attack that occurred in 1994.  The warrant was taken out against "John Doe" with the attacker's DNA profile attached to uniquely identify the individual.  The defendant was not charged until approximately 6 years after the Statue of Limitation would have ran for the criminal charge of attempted aggravated rape.  While this gives victims of crimes additional time for justice in their crimes, it may be found ultimately un-Constitutional as it could arguably violate both the Fourth Amendment requirement that warrants have particularity and the defendant's Sixth Amendment right to a Speedy Trial. 

If you or your loved ones are facing criminal charges, let the the Law Offices of Andrew E. Farmer assist you in defending your rights.  Our licensed Tennessee attorneys practice in Sevier, Jefferson, Cocke, Blount and Knox Counties.

Are your Facebook Pictures a Crime?

Tennessee has, as of this year, updated its laws on harassment to include images that may cause emotional distress that are transmitted in a a manner so as a victim may reasonably be believed to see the images.  Images believed to cause emotional distress are not defined.  Does this mean that images of Jesus, Muhammad, images of fallen soldiers, or other topical matters that could cause emotional distress are now a crime to post in Tennessee? The statute T.C.A 39-17-308 that defines Harassment makes transmission of such images a Class A misdemeanor, which is punishable up to 11 months and 29 days in jail.  Since this update to the law is still relatively new, I have no doubt that the Constitutionality of the of the language of the statute will be challenged.  However, until the law is changed you would be wise to be careful what you post online or else you may be the Defendant challenging the law.  If you find yourself facing a crime from your online activities or other criminal matters in Sevier, Jefferson, Cocke, Blount or Knox Counties, the Law Offices of Andrew E. Farmer is here to fight for you.

Small Claims Court in Tennessee

People occasionally will threaten to take someone to small claims court over a nominal amount of money they feel are owed to them.  However, Tennessee does not have a small claims court.  Tennessee uses General Sessions Court as the court for the majority of civil cases over smaller claimed amounts.  In order for General Sessions Court to have jurisdiction over a civil claim for money damages, then the total claim of damages must be under twenty-five thousand dollars ($25,000.00).  If you are sued or wish to bring suit against a person in General Sessions Court, it is advised to have counsel present.  While many feel that they do not need an attorney in General Sessions, it does not replace the knowledge and experience that a licensed Tennessee attorney can bring to your case.  In some instances, your attorney fees and court costs may even be repaid as part of your judgment.  The Law Offices of Andrew E. Farmer is ready and willing to bring our unique brand of  result driven representation to your case.  Our attorneys practice in Sevier, Jefferson, Cocke, Blount and Knox Counties.

Common Law Marriages in Tennessee

A question that has arisen somewhat frequently as of late has been whether or not Tennessee recognizes common law marriage as a valid legal marriage.  While Tennessee itself does not recognize individuals to be common law married under its own laws, Tennessee will recognize a valid marriage from another state that does not appear "offensive" to the policies of the State.  Tennessee does this under the "Full Faith and Credit" of the US Constitution.  So if a couple is considered married under common law in their state of residence, then Tennessee will recognize it here so long as the marriage is not "offensive".  "Offensive" in this context of the State's policy on marriage are marriages of incest, bigamy and/or of same-sex couples.

If you have Tennessee family law issues, then the licensed attorneys of The Law Offices of Andrew E. Farmer practice in Sevier, Jefferson, Cocke, Blount and Knox Counties. 

What is Mediation?

Mediation is an opportunity for parties involved in a civil case to reach an agreement on the resolution of their case.  This is accomplished by having the parties involved meet and attempt to resolve their case by utilizing a neutral third-party who can listen to both sides and help facilitate an agreement if such an agreement is possible.  If the case is a domestic case such as a divorce or custody case, then the Judge will often not listen to the parties' case for a final hearing until the parties have attempted to mediate the matter. 

Using an attorney that understands the intricacies of how to resolve a matter appropriately at mediation is important in helping you as the client for two reasons.  The first is that it allows for a Court Order that the parties' are comfortable with.  The second is that resolving a case at mediation is far cheaper for the client than litigating a case through a full trial in civil court. 

If you are going through a divorce or custody matter, allow the Law Office of Andrew E. Farmer help you navigate the maze of mediation.  Our licensed Tennessee attorneys practice in Sevier, Jefferson, Cocke, Blount & Knox Counties.

Punishment for Escaping Jail in Tennessee

Today's local legal news is centered around the three escaped inmates from the Sevier County Jail Annex.  The question I have heard from multiple people is what kind of charges the individuals might be facing from the escape. 

T.C.A. 39-16-605 holds that Escape is crime with varying degrees of punishment.  If the individual is incarcerated for either a misdemeanor or civil offense, then the crime of Escape is a Class A misdemeanor punishable up to 11 months and 29 days to be served consecutively to the crime for which they are incarcerated.  If the charge for which the individual is incarcerated is a felony, then the crime of Escape is a Class E felony to be served consecutively to the crime for which they are incarcerated.

If you are facing misdemeanor or felony charges, don't jump the fence.  Call a licensed Tennessee attorney.  The Law Offices of Andrew E. Farmer serve Sevierville, Pigeon Forge, Gatlinburg as well as Jefferson, Cocke and Knox Counties. 

The Lemon Law in Tennessee

It is frustrating to purchase a new vehicle and have to spend as much time in the repair shop as you do on the road.  So did you buy a Lemon?

A Lemon is a car that has three (3) or more service visits for a persistent issue and has to spend a total of thirty (30) days or more in repair.  To be a Lemon the owner must report the issues and give notice to the dealer within the earlier of the vehicle's warranty or one (1) year from date of delivery.   

If you feel that you have purchased a Lemon, then you need to contact a licensed Tennessee.  The Law Offices of Andrew E. Farmer practice in Sevier, Jefferson, Cocke, Blount & Knox Counties.

Child Support Non-Payment and Punishment

The two fastest ways to leave a courtroom in Sevier County wearing handcuffs are to either curse the Judge or not pay your child support obligations.  The reason why is that where a parent has an obligation to provide child support and knowingly fails to pay, then that person may be found to be in contempt of court. 

If after a hearing, the Judge or Child Support Magistrate finds that a parent under a Court order to pay child support has willfully and wantonly failed to do so, then that person may be walking out of court wearing handcuffs. 

If you are under an order to pay child support, then take this obligation seriously.  If you find yourself facing a contempt charge from your child support order, then contact a licensed Tennessee attorney right away. 

The Confronatation Clause and Forensic Testimony

If you have been charged with crime involving alchohol or drugs, then a recent US Supreme Court decision will be a useful tool in your attorney's toolbox.The US Supreme Court just recently found in Melendez- Diaz v. Massachusetts that the Sixth Amendment Confrontation Clause does not permit the State to introduce a forensic laboratory report with a testimonal certification into evidence as proof in a criminal trial through a forensic analyst who did neither signed the certification nor witnessed the test conducted in the certification. 

This means that as a Defendant, you have the right to confont the analyst who performed the who made the certification that the State would like to use against you.  If for example the analyst in your DUI case certified that your blood alchohol level was above the legal limit, then you would have the right to confront the analyst who made that certification. 

Criminal Impersonation in Tennessee

Criminal Impersonation is often seen where an individual who is hiding from a warrant gives a police officer a false name or other identification.  This is a serious charge and often results in simply compounding that person's criminal problems. 

Under T.C.A. 39-16-301 states the folowing:

(a) A person commits criminal impersonation who, with intent to injure or defraud another person:


(1) Assumes a false identity;
(2) Pretends to be a representative of some person or organization;
(3) Pretends to be an officer or employee of the government; or
(4) Pretends to have a disability.

(b) A person commits criminal impersonation who pretends to be a law enforcement officer for the purpose of:

(1) Engaging in an activity that is ordinarily and customarily an activity established by law as a law enforcement activity; and
(2) Causing another to believe that the person is a law enforcement officer.

A person charged under section (a) faces a Class B misdemeanor, while a person charged under section (b) faces a Class A misdemeanor.

Resisting Arrest in Tennessee

What does it mean to Resist Arrest in Tennessee? 

T.C.A. 39-16-602. Resisting stop, frisk, halt, arrest or search Prevention or obstruction of service of legal writ or process.


(a) It is an offense for a person to intentionally prevent or obstruct anyone known to the person to be a law enforcement officer, or anyone acting in a law enforcement officer's presence and at the officer's direction, from effecting a stop, frisk, halt, arrest or search of any person, including the defendant, by using force against the law enforcement officer or another.

This means that use of force against a police officer to break free or deny arrest may result in a charge of Resisting Arrest.  Resisting Arrest is a Class B misdemeanor.

Self Defense under TCA 39-11-611 is not applicable as a defense to resist a halt at a roadblock, arrest, search, or stop and frisk that the person using force knows is being made by a law enforcement officer, unless:


(A) The law enforcement officer uses or attempts to use greater force than necessary to make the arrest, search, stop and frisk, or halt; and

(B) The person using force reasonably believes that the force is immediately necessary to protect against the law enforcement officer's use or attempted use of greater force than necessary.

If you get charged with Resisting Arrest in Cocke, Jefferson, Sevier, Knox or Blount Counties, then contact the licensed Tennessee attorneys of The Law Offices of Andrew E. Farmer.

Black Friday and Shoplifting

On this Black Friday, the stores will be crowded with shoppers looking for the best deals and the lowest prices.  However, this is also a day for many people to leave without paying for their merchandise.  Under Tennessee law theft is defined as the following:

39-14-103. Theft of property.


A person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent.

If the amount that is taken is under $500.00, then that is a misdemeanor with thefts over $500.00 being varying degrees of felony depending upon the amount taken. 

 Penalties for shoplifting are not simply going to be a ban from the store but could include substantial jail time.  If you find yourself charged with shoplifting or theft, it is important to contact a licensed Tennessee attorney immediately.

Hunting License Requirements this Thanksgiving

This Thanksgiving many people will enjoy the holiday by going out into the countryside and hunting this deer season.  In order to legally hunt this Thanksgiving you must have a proper hunting license issued by the TWRA (Tennessee Wildlife Resoures Agency). 

Resident licenses can be purchased by:


Persons who possess a valid Tennessee driver's license.

Persons who have lived in Tennessee for 90 consecutive days with the genuine intent of making Tennessee their permanent home. Proof of residency required.

Military personnel on active duty in this state and their immediate families, who reside with them, regardless of resident status.

Students who are enrolled in a Tennessee school, college, or university for at least six months.

A Social Security Number is required to purchase a Tennessee hunting or fishing license.

Dogs at Large in Tennessee

It is a crime in Tennessee for an individual to allow an uncontrolled dog to go on the premises of another or into a public area or onto a public road.  It is a crime even when the owners were using reasonable care to prevent the dog from escaping or leaving the owner's property.  The Tennessee code section is as follows:


§ 44-8-408. Dogs at Large


(a) As used in this section, unless the context otherwise requires, "owner" means a person who, at the time of the offense, regularly harbors, keeps or exercises control over the dog, but does not include a person who, at the time of the offense, is temporarily harboring, keeping or exercising control over the dog.

(b) The owner of a dog commits an offense if that dog goes uncontrolled by the owner upon the premises of another without the consent of the owner of the premises or other person authorized to give consent, or goes uncontrolled by the owner upon a highway, public road, street or any other place open to the public generally.

(c) It is an exception to the application of this section that:

(1) The dog was on a hunt or chase;

(2) The dog was on the way to or from a hunt or chase;

(3) The dog was guarding or driving stock or on the way to guard or drive stock;

(4) The dog was being moved from one place to another by the owner of the dog;

(5) The dog is a police or military dog, the injury occurred during the course of the dog's official duties and the person injured was a party to, a participant in or suspected of being a party to or participant in the act or conduct that prompted the police or military to utilize the services of the dog;

(6) The violation of subsection (b) occurred while the injured person was on the private property of the dog's owner with the intent to engage in unlawful activity while on the property;

(7) The violation of subsection (b) occurred while the dog was protecting the dog's owner or other innocent party from attack by the injured person or an animal owned by the injured person;

(8) The violation of subsection (b) occurred while the dog was securely confined in a kennel, crate or other enclosure; or

(9) The violation of subsection (b) occurred as a result of the injured person disturbing, harassing, assaulting or otherwise provoking the dog.

(d) The exception to the application of this section provided in subdivisions (c)(1)-(4) shall not apply unless the owner in violation of subsection (b) pays or tenders payment for all damages caused by the dog to the injured party within thirty (30) days of the damage being caused.

(e) It is not a defense to prosecution for a violation of subsection (b) and punished pursuant to subdivision (g)(1), (g)(2) or (g)(3) that the dog owner exercised reasonable care in attempting to confine or control the dog.
(f) It is an affirmative defense to prosecution for a violation of subsection (b) and punished pursuant to subdivision (g)(4) or (g)(5) that the dog owner exercised reasonable care in attempting to confine or control the dog.
(g)(1) A violation of this section is a Class C misdemeanor punishable by fine only.
(2) A violation of this section is a Class B misdemeanor punishable by fine only if the dog running at large causes damage to the property of another.
(3) A violation of this section is a Class A misdemeanor punishable by fine only if the dog running at large causes bodily injury, as defined by § 39- 11-106, to another.
(4) A violation of this section is a Class E felony if the dog running at large causes serious bodily injury, as defined by § 39-11-106, to another.
(5) A violation of this section is a Class D felony if the dog running at large causes the death of another.

Assaults in Tennessee

According to Tennessee criminal law, a person commits assault when they:


• Intentionally, knowingly or recklessly causes bodily injury to another;

• Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or

• Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative. Tenn. Code Ann. § 39-13-101 (2007).

A charge of assault based upon the first two bullets above is considered to be a Class A misdemeanor. A charge of assault based upon the last bullet is considered to be a Class B misdemeanor. Misdemeanors in Tennessee are generally scaled from A to C. An A misdemeanor is considered more severe than either a B or C misdemeanor. Likewise, B misdemeanors are generally more severe than C misdemeanors.
It certain situations, an assault may become aggravated. A person commits aggravated assault when they:

• Intentionally or knowingly commit an assault as defined above and that assault:
(A) Causes serious bodily injury to another; o

(B) Uses or displays a deadly weapon; or

• Recklessly commits an assault by causing bodily injury to another, and:

(A) Causes serious bodily injury to another; or

(B) Uses or displays a deadly weapon. Tenn. Code Ann. § 39-13-102 (2007).

Sexual Abuse of Children Reporting Requirement in Tennessee

In the wake of the Penn State sex abuse covering the headlines, many people are asking what the laws regarding reporting sexual abuse of a minor require.  Below is Tennessee Code Annotated Section 37-1-605.

37-1-605. Reports of known or suspected child sexual abuse - Investigations - Notification to parents of abuse on school grounds or while under school supervision
(a) Any person including, but not limited to, any:


(1) Physician, osteopathic physician, medical examiner, chiropractor, nurse or hospital personnel engaged in the admission, examination, care or treatment of persons;

(2) Health or mental health professional other than one listed in subdivision (1);

(3) Practitioner who relies solely on spiritual means for healing;

(4) School teacher or other school official or personnel;

(5) Judge of any court of the state;

(6) Social worker, day care center worker, or other professional child care, foster care, residential or institutional worker;

(7) Law enforcement officer; or

(8) Neighbor, relative, friend or any other person who knows or has reasonable cause to suspect that a child has been sexually abused;

shall report such knowledge or suspicion to the department in the manner prescribed in subsection (b).

(b) (1) [Amended effective January 15, 2011. See the Compiler's Notes.] Each report of known or suspected child sexual abuse pursuant to this section shall be made immediately to the local office of the department responsible for the investigation of reports made pursuant to this section or to the judge having juvenile jurisdiction or to the office of the sheriff or the chief law enforcement official of the municipality where the child resides. Each report of known or suspected child sexual abuse occurring in a facility licensed by the department of mental health, as defined in § 33-2-403, or any hospital, shall also be made to the local law enforcement agency in the jurisdiction where such offense occurred. In addition to those procedures provided by this part, the provisions of § 37-1-405 shall also apply to all cases reported hereunder.

(2) If a law enforcement official or judge becomes aware of known or suspected child sexual abuse, through personal knowledge, receipt of a report or otherwise, such information shall be reported to the department immediately and the child protective team shall be notified to investigate the report for the protection of the child in accordance with the provisions of this part. Further criminal investigation by such official shall be appropriately conducted.

(3) Reports involving known or suspected institutional child sexual abuse shall be made and received in the same manner as all other reports made pursuant to this section.

(c) Any person required to report or investigate cases of suspected child sexual abuse who has reasonable cause to suspect that a child died as a result of child sexual abuse shall report such suspicion to the appropriate medical examiner. The medical examiner shall accept the report for investigation and shall report the medical examiner's findings, in writing, to the local law enforcement agency, the appropriate district attorney general, and the department. Autopsy reports maintained by the medical examiner shall not be subject to the confidentiality requirements provided for in § 37-1-612.

(d) (1) Notwithstanding § 37-5-107 or § 37-1-612 or any other law to the contrary, if a school teacher, school official or any other school personnel has knowledge or reasonable cause to suspect that a child who attends such school may be a victim of child abuse or child sexual abuse sufficient to require reporting pursuant to this section and that the abuse occurred on school grounds or while the child was under the supervision or care of the school, then the principal or other person designated by the school shall verbally notify the parent or legal guardian of the child that a report pursuant to this section has been made and shall provide other information relevant to the future well-being of the child while under the supervision or care of the school. The verbal notice shall be made in coordination with the department of children's services to the parent or legal guardian within twenty-four (24) hours from the time the school, school teacher, school official or other school personnel reports the abuse to the department of children's services; provided, that in no event may the notice be later than twenty-four (24) hours from the time the report was made. The notice shall not be given to any parent or legal guardian if there is reasonable cause to believe that the parent or legal guardian may be the perpetrator or in any way responsible for the child abuse or child sexual abuse.

(2) Once notice is given pursuant to subdivision (d)(1), the principal or other designated person shall provide to the parent or legal guardian all school information and records relevant to the alleged abuse or sexual abuse, if requested by the parent or legal guardian; provided, that the information is edited to protect the confidentiality of the identity of the person who made the report, any other person whose life or safety may be endangered by the disclosure, and any information made confidential pursuant to federal law or § 10-7-504(a)(4). The information and records described in this subdivision (d)(2) shall not include records of other agencies or departments.

(3) For purposes of this subsection (d), school means any public or privately operated child care agency, as defined in § 71-3-501, preschool, nursery school, kindergarten, elementary school or secondary school.

Solicitation of a Minor in Tennessee

Charges of Solicitation of a Minor, often begin with a male making inappropriate contact to a female to a that is or appears to be underage.

Under Tennessee law, the contacted person may be either real or a decoy. The word solicitation is synonymous with the word ask, so the offense is committed whether or not the solicited act is followed through or not. In other words, it is no defense that the solicitation was unsuccessful or that the conduct solicited was not engaged in. Liability lies when the question is asked with the appropriate level of intent.
According to Tennessee law, it is an offense for a person eighteen years of age or older, by means of oral, written or electronic communication, electronic mail or Internet services, directly or through another, to intentionally command, request, hire, persuade, invite or attempt to induce a person whom the person making the solicitation knows, or should know, is less than eighteen years of age, or solicits a law enforcement officer posing as a minor, and whom the person making the solicitation reasonably believes to be less than eighteen years of age, to engage in conduct that, if completed, would constitute:

(1) Rape of a child;

(2) Aggravated rape;
(3) Rape;

(4) Aggravated sexual battery;

(5) Sexual battery by an authority figure;

(6) Sexual battery;

(7) Statutory rape;

(8) Especially aggravated sexual exploitation of a minor; or

(9) Sexual activity involving a minor. Tenn. Code Ann. § 39-13-528 (2007).

The punishment for solicitation of a minor depends upon the classification of the crime solicited. Solicitation of a minor constitutes an offense one classification lower than the most serious crime solicited. If you have been accused of solicitation of a minor in Tennessee, contact a sex offense attorney.

Reckless Endangerment Law in Tennessee

In Tennessee, Reckless Endangerment is defined as engaging in conduct that places or may place another person in imminent danger of death or serious bodily injury. It is a Class A misdemeanor, punishable up to eleven months, twenty-nine days in jail and a fine not to exceed $2,500. However, if a deadly weapon is used in the commission of the offense, Reckless Endangerment is a Class E Felony, punishable from 1 to 6 years in prison and a fine up to $3,000.


An arrest for Reckless Endangerment may result from multiple different situations, including discharging a firearm in public and driving at a high rate of speed. It is important to hire an experienced attorney if you have been charged with Reckless Endangerment in Sevierville, Tennessee.

Burglary Law in Tennessee

In Tennessee, burglary is divided into three categories: Burglary, Aggravated Burglary, and Especially Aggravated Burglary. The offense charged depends upon the type of structure entered and/or the nature of the injury resulting from the offense.


If you have been charged with Burglary or other burglary-related offense in Tennessee, it is important to hire an experienced criminal defense attorney. 

Under Tennessee law, a person commits the offense of Burglary who, without the effective consent of the property owner:


(1) Enters a building other than a habitation not open to the public with intent to commit a felony, theft, or assault;

(2) Remains concealed in a building with the intent to commit a felony, theft, or assault;

(3) Enters a building and commits or attempts to commit a felony, theft, or assault; or

(4) Enters any freight or passenger car, automobile, truck, trailer, boat, airplane, or other motor vehicle with intent to commit a felony, theft or assault or commits or attempts to commit a felony, theft, or assault.

"Enter" means intrusion of any part of the body or intrusion of any object in physical contact with the body or any object controlled by remote control, electronic or otherwise. "Habitation" means any structure, including buildings, module units, mobile homes, trailers, and tents designed or adapted for overnight accommodation of persons. "Habitation" also includes a self-propelled vehicle that is designed or adapted for overnight accommodation of persons and is actually occupied at the time of initial entry of the defendant, as well as each separately secured or occupied portion of the structure or vehicle and each structure appurtenant to or connected with the structure or vehicle.

All burglary offenses in Tennessee are felonies. A Burglary offense under sections (1), (2), or (3) is a Class D Felony, punishable by 2 to 12 years imprisonment, a fine up to $5,000, as well as additional requirements imposed by the trial judge, including restitution, court costs, anti-theft classes, drug & alcohol treatment, and anger management classes. A Burglary offense under section (4) is a Class E Felony, punishable by 1 to 6 years imprisonment, a fine up to $3,000, as well as additional restrictions imposed by the trial judge.

False Imprisonment and Kidnapping in Tennessee

In Tennessee, A person commits false imprisonment (a Class A misdemeanor) when he or she knowingly removes or confines another unlawfully so as to interfere substantially with the other's liberty. Tenn. Code Ann. § 39-13-302 (2007). "Unlawful" means, with respect to removal or confinement, one that is accomplished by force, threat or fraud, or, in the case of a person who is under the age of thirteen or incompetent, accomplished without the consent of a parent, guardian or other person responsible for the general supervision of the minor's or incompetent's welfare. Tenn. Code Ann. § 39-13-301 (2007).


Tennessee recognizes three forms of kidnapping: kidnapping, aggravated kidnapping, and especially aggravated kidnapping. There is also something called custodial interference which will be discussed in a later blog. Kidnapping ( a Class C felony) is false imprisonment plus:

• exposing another person to substantial risk of bodily injury; or

• confining another in a condition of involuntary servitude. Tenn. Code Ann. § 39--13-303 (2007).

"Involuntary servitude" means the condition of a person who is compelled by force, coercion or imprisonment and against the person's will to labor for another, whether paid or not. Tenn. Code Ann. § 39-13-301 (2007). Notice that you could commit kidnapping in Tennessee without a either a kid or a napping. Aggravated kidnapping in Tennessee (a Class B felony) is false imprisonment plus:

• facilitating the commission of any felony or flight thereafter;

• interfering with the performance of any governmental or political function;

• With the intent to inflict serious bodily injury on or to terrorize the victim or another;

• Where the victim suffers bodily injury; or

• While the defendant is in possession of a deadly weapon or threatens the use of a deadly weapon. Tenn. Code Ann. § 39-13-304 (2007).

Especially aggravated kidnapping is the most serious of the kidnapping offenses. It is considered to be a Class A felony. Especially aggravated kidnapping is false imprisonment plus:


• Accomplished with a deadly weapon or by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon;

• Where the victim was under the age of thirteen at the time of the removal or confinement;

• Committed to hold the victim for ransom or reward, or as a shield or hostage; or

• Where the victim suffers serious bodily injury. Tenn. Code Ann. § 39-13-305 (2007)

Can I adopt my step child?

In Tennessee a step parent may adopt his or her step child as if the child was the parent's biological child.  In order to adopt the step parent along with the biological parent he or she is married must petition the court jointly.  To have a step child adopted, then the other biological parent must have either his or her parental rights terminated or that biological parent must consent to the adoption. 

Can the court take my kids away without prior notice or a hearing?

The Tennessee legislature has required in TCA 37-1-114 that before a child may be taken into sheltered custody away from a parent, guardian or legal custodian, then there must be probable cause shown to the Judge that the child "is a neglected, dependent or abused child, and in either case the child's detention or shelter care  is required because the child is subject to an immediate threat to the child's health or safety to the extent that delay for a hearing would be likely to result in severe or irreparable harm, or the child may abscond or be removed from the jurisdiction of the court, and in either case, there is no less drastic alternative to removal of the child from the custody of the child's parent, guardian or legal custodian available that would reasonably and adequately protect the child's health or safety or prevent the child's removal from the jurisdiction of the court pending a hearing."

This means that there must be the likely result of immediate and severe harm to the child if the court does not remove the children.  However, if this occurs then the court must provide the parent, guardian or legal custodian the opportunity to a preliminary hearing on probable cause within 72 hours of the removal. 

Halloween and Sex Offenders...What does the law do to protect the children?

The Tennessee State Board of Probation and Parole is enforcing restrictions against the sex offenders under its supervision this Halloween season.  The BOPP require every sex offender to sign a letter stating that they understand that they may not participate in festivities.  The letter advises each offender of the following:

They cannot answer the door to trick or treaters on Halloween;


They cannot pass out candy;

Their homes cannot be decorated for Halloween, either inside or outside;

They cannot host Halloween parties at their homes;

They cannot go to haunted houses, corn mazes, hay rides or any other seasonal activity;

They cannot be at any function where children are gathered, including private residences;

They cannot give any Halloween treats to children;

They cannot wear costumes and

They cannot take any child trick or treating.

Even with the above restrictions, parents should always be aware and alert to protect their children from these predators.  Now get out there and bring home the candy!

What is mediation?

Mediation is a common requirement in domestic relations cases including divorce and custody cases. It is an opportunity for parties to a case to resolve their cases by agreement rather than allowing the Judge alone to make the final determination.  Parties may attend with their attorney and can negotiate to work toward a final resolution in their case.  Often mediation is the most effective means to resolve custody cases as parents will  know more than the court what is in their child's best interest.  Judge Hooper has said of mediation that, "The most important trip parents will take is the one where they meet in the middle." 

What happens if I prank call the police?

With Halloween coming up, people will be playing all kinds of silly pranks.  While everyone should enjoy the holiday, remember to be smart about your festivities.  Not only is it immature to prank call the police, it is a class D felony to make a false report to a police officer.  So why don't we avoid calls about werewolves being spotted by Dolly's statue this Halloween and just enjoy your free candy.     

 The Tennessee Statute on False Report is TCA 39-16-502. 

(1) Initiate a report or statement to a law enforcement officer concerning an offense or incident within the officer's concern knowing that:

(A) The offense or incident reported did not occur;

(B) The person has no information relating to the offense or incident reported; or

(C) The information relating to the offense reported is false; or

(2) Make a report or statement in response to a legitimate inquiry by a law enforcement officer concerning a material fact about an offense or incident within the officer's concern, knowing that the report or statement is false and with the intent to obstruct or hinder the officer from:

(A) Preventing the offense or incident from occurring or continuing to occur; or

(B) Apprehending or locating another person suspected of committing an offense;

How long do I have to live in Tennessee before I can file for divorce?

Under the Tennessee Code, a person seeking divorce must meet the following requirements to file in Tennessee.

A divorce may be granted for cause if the acts complained of were committed while the plaintiff was a bona fide resident of Tennessee or if the acts complained of were committed out of Tennessee and the plaintiff resided out of the state at the time, if the plaintiff or the defendant has resided in Tennessee six (6) months next preceding the filing of the complaint.

Translating from attorney to English, this means that if your divorce is for cause and the cause arose in Tennessee while the person seeking divorce was a resident here, or if the couple has lived in Tennessee for the last six (6) months. 

There are other potential jurisdiction issues for a person seeking either divorce or custody of minor children, so it is important to discuss your case with a licensed attorney before filing any such case.

Drivers who ignore ambulances aren't just rude...they are breaking the law!

An ambulance approaches in the rear-view mirror, so you and the cars around you pull into the right lane or onto the right shoulder.  However, there is always that one car that just ignores the lights and keeps driving.  This probably make you angry that they are not being considerate of the person who needs help.  Well not only is that driver being rude, but he or she is breaking the law. 

55-8-132. Operation of vehicles and streetcars on approach of authorized emergency vehicles.


(a) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of the applicable laws of this state, or of a police vehicle properly and lawfully making use of an audible signal only:

     (1) The driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection, and shall stop and remain in that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer

If convicted, that rude driver is facing the following:

(1) The first violation of this section is a Class B misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or imprisonment not longer than thirty (30) days, or both.


(2) A second violation of this section is a Class B misdemeanor punishable by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).

(3) A third or subsequent violation of this section is a Class A misdemeanor punishable by a fine of not less than one thousand dollars ($1,000).

How many tickets can I get before I lose my driver's license?

When a driver has accumulated twelve (12) or more points within a one (1) year period, the

Department shall issue a notice of proposed suspension stating the grounds for such suspension and
that the driver shall be required to appear at an administrative hearing to contest the proposed
suspension.

In order to determine how many points your traffic tickets merit the State of Tennessee has provided the following chart: http://www.tn.gov/safety/values.shtml 

In order to minimize points and help keep your license, it is important to contact your attorney when dealing with your traffic matters.

What happens if I die without a Will in Tennessee?

If a person dies in Tennessee without a will, then who gets the property?  If the person is married and has never had children, then the entire estate will go to the spouse if the spouse is living.  If however the person has a child or children with a surviving spouse, then the spouse must share the remaining estate with the child or children.  If there is not a surviving spouse, then the property will pass to the child or children in equal shares.  If there are deceased children that would have had a claim, then it can become even more complicated. 

Most people feel that their families would not argue over money or property, but it is very important that anyone planning for the future to have a Last Will and Testament in place.  Do not leave the questions unanswered for your family.  Wills are an inexpensive way to guarantee that your wishes are followed. 

Can I just file Bankruptcy on my credit cards?

People are often buried under credit card debt and feel that if they could just get rid of the credit cards then all the other debts could be managed.  I often hear, "Can I just file on my credit cards?"  The simple answer is no.  In order to get relief from the Bankruptcy Court, then all of a person's debts and liabilities must be listed.  The purpose of Bankruptcy is to get a fresh start, not to just get a little bit above water financially.  This does not mean that certain debts cannot be repaid through Bankruptcy, if one should so desire.  For example, people often are afraid that if the Bankruptcy Court discovers they have a car with a car payment that they will lose the vehicle.  That is simply not the case.  It is important to discuss all your debts with your attorney and work towards a new beginning.  There are always options for those who have debts that they want to repay, but the Bankruptcy Court still must be notified.

So you are being charged with a crime....now what?

So you are being charged with a crime, what do you do now?  There are a few key rules that everyone being charged with a crime should follow, even though most never will.

1) Be polite and respectful!
    
     - Being rude and obnoxious will only make the officer want to arrest you even more.

2) Do not talk!

     - You have the right to remain silent and you should use it.  More people get convictions by running their mouthes than all the DNA, fingerprint, photo ID's or witness testimony combined.

3) Do not agree to be searched!

     -An officer may not have legal grounds to search your home, your car, your person, etc.  If you agree to let him search, then he does not need legal grounds because he had permission.

4) Demand your attorney now!

   -The law requires that you must be clear and unequivocal when demanding your attorney.  Just saying you have an attorney or would want one may not be good enough. 

Is it wrong to file Bankruptcy on your debts?

People often express guilt or shame over the thought that they may not be able to pay all their debts.  In fact it is common for people to feel as though they are doing something immoral or un-American.  This however should not be the case. 

Our very system of Bankruptcy is based on Judeo- Christian teachings.  In Deuteronomy it states that, "At the end of every seven years you shall grant a release of debts. And this is the form of the release: Every creditor who has lent anything to his neighbor shall release it; he shall not require it of his neighbor or his brother, because it is called the Lord's release" (Deuteronomy 15:1-2).  This release of debts is where Bankruptcy began.


Even our Founding Fathers understood the need for Bankruptcy in the American system.  In fact Bankruptcy was in the original Constitution in Article 1, Section 8, Clause 4 which authorizes Congress to enact "uniform Laws on the subject of Bankruptcies throughout the United States." Even the freedoms of speech, religion, press, assembly, right to counsel, right to trial and many of the other basic American fundamental values were mere after thoughts to the Founding Fathers compared to the right to file Bankruptcy. 
 

Salvia is now illegal in Tennessee

As of July 2011, the popular marijuana alternative salvia is illegal in Tennessee.  While this drug is still widely available in other states, possession of this plant has been placed in the same category as possession of marijuana.  If you are found to be in possession of salvia, then you could be facing a class-A misdemeanor, punishable up to 11 months and 29 days of jail or probation. 

How long does a divorce take in Tennessee?

While there is no maximum time that a divorce can take in Tennessee, there is a minimum amount of time a divorce must take.  When a divorce is filed in Tennessee, then the judge must wait at least sixty (60) days before he or she can grant a divorce.  If the couple has children under the age of eighteen (18) then the judge has to wait at least ninety (90) days before he or she may grant a divorce.  This is a a mandatory cool down period under the law that may not be waived.  That means even if the the couple agree to a divorce sooner than the minimum time that a judge cannot grant the divorce until the required time has passed.

Can a fetus be the victim of a crime?

In Tennessee, our legislature has determined through Tenn. Code Ann. § 39-13-107 that a fetus can be the victim of a crime.  Even in the case where a fetus is not otherwise viable, the fetus may be treated as a victim.  The legislature however has clearly stated that this does not affect the legality of abortions, nor prevent any other action taken pursuant to regular and customary medical procedures.

What is a Preliminary Hearing?

A preliminary hearing is a court hearing where the State through the District Attorney has the burden of proof to show that probable cause exists to prosecute a criminal defendant.  The standard that the State must prove is whether a reasonable person would believe based upon the presented evidence that a crime occured and that the defendant is more likely than not the guilty party.  This is a very low legal standard.  Even if the State shows enough evidence for the Judge to find probable cause, it does not mean that the defendant is guilty.  In fact, the defendant remains innocent of all charges until proven guilty beyond a reasonable doubt and to a moral certainty by a jury of his or her peers.

I was charged with DUI, but I was not driving...

This is a sentiment that is heard almost everyday in courts across Tennessee.  It is possible to be charged with Driving Under the Influence when you are not actually driving the vehicle.  How is this possible?  If you get into a vehicle while intoxicated, and you have the displayed intent to drive then that is sufficient to charge you criminally.  This means that perhaps you put the keys in the ignition while listening to the radio or simply to warm up your car while on the cell phone.  If you allow another individual to take control of your vehicle while they are intoxicated, then you can be charged with DUI by Consent even though you were not driving.  So play it smart and give your keys to a designated driver.  If you have already been charged with a DUI or DUI by Consent, then you need to contact an experienced trial lawyer immediately!

Who can apply for an Order of Protection?

In order to apply for an Order of Protection in Tennessee, the parties involved must either be connected in a personal relationship.  Specifically the parties must be one or more of the following:

(A) Adults or minors who are current or former spouses;

(B) Adults or minors who live together or who have lived together;

(C) Adults or minors who are dating or who have dated or who have or had a sexual relationship. As used herein, "dating" and "dated" do not include fraternization between two (2) individuals in a business or social context;

(D) Adults or minors related by blood or adoption;

(E) Adults or minors who are related or were formerly related by marriage; or

(F) Adult or minor children of a person in a relationship that is described in subdivisions (A)-(E);

The above requirements are therefore not available to people only engaged in social interaction apart from a close familial or dating relationship.

Parents Can Be Responsible for Teenage Parties!

There is a common belief that it is not illegal for a teenager to drink if his or her parents are home and say "It's Okay."  THIS IS NOT TRUE!  It is a crime to provide yours or anyone's child alcohol if they are under twenty-one (21) years old.  Even if the children stay in your home and do not leave, it is a neither legal nor wise to provide children alcohol, drugs or even tobacco.  Just don't do it.   

What is the difference between a misdemeanor and a felony?

A misdemeanor is any crime that is punishable by no more than 11 months and 29 days (1 day less than a full calendar year) in jail. A felony is any crime that is punishable up to one or more years in jail.  A crime may be a felony even when the actual punishment received is less than one year if the possible punishment could be greater than 11 months and 29 days. 

Can I sue a bystander for not helping me when I was in danger or in an accident?

The general rule is that there is no duty or responsibility of a bystander to rescue you in danger or in an accident.  The major exception is where the bystander began to assist you and stopped.  Once a bystander begins to help then that person must continue to help, otherwise they may be liable for any aggravation to your injuries. 

What does “Res Ipsa Loquitor” mean in an accident case?

It is Latin for “the thing speaks for itself.” The elements of Res Ipsa Loquitor are 1) the accident would not have occurred without negligence, 2) the means of the accident were exclusively in the control of the Defendant, and 3) the Plaintiff was not at fault nor contributed to the fault of the accident.  

Do I have a right to a jury trial in every court case?

In Tennessee if you are charged with a crime then you have the absolute right to a jury trial for any matter that is punishable by jail time or a fine of $50.00 or more.  The only exceptions are violations of Probation or criminal contempt charges.  On these charges, it is the judge who will determine the guilt or innocence of the accused. 

In a civil matter, a jury must be requested by either the plaintiff or the defendant at the beginning of the case.  If a jury trial is not demanded, then the right to a trial will be considered waived.  Please consult with your attorney before making any decision of whether a jury would be recommended in your case.

Can I keep my house if I file Chapter 7 Bankruptcy?

Tennessee allows an individual to protect up to a certain amount of equity in their primary residence when filing a Chapter 7 bankruptcy.  The exact amount of equity that may be protected depends upon several factors including age, if the person filing is married, and if the person has children under 18 years old.  If the person has equity under the exempt amount or no equity at all, then it may be possible to keep the home.  In order to do so, then the person must be current on their loan.  This is necessary because to keep the home then the person filing must enter a reaffirmation agreement to continue his or her financial responsibility on the home after the bankruptcy.  If however, the person filing is not current on his or her loan, then the mortgage company will not agree to the reaffirmation.  Before entering into a reaffirmation agreement, it is important that you discuss the possible ramifications with your Bankruptcy attorney.  

Can a grandparent be awarded visitation by the Court against the wishes the parents?

Like all good legal answers, the answer is maybe.  Tennessee has outlined what is necessary for grandparents to have rights to their grandchildren in the following statute:

 T.C.A. 36-6-306. Visitation rights of grandparents.

 (a)  Any of the following circumstances, when presented in a petition for grandparent visitation to a court of competent jurisdiction, necessitates a hearing if such grandparent visitation is opposed by the custodial parent or parents:    (1) The father or mother of an unmarried minor child is deceased;     (2) The child's father or mother are divorced, legally separated, or were never married to each other;     (3) The child's father or mother has been missing for not less than six (6) months;     (4) The court of another state has ordered grandparent visitation; or      (5) The child resided in the home of the grandparent for a period of twelve (12) months or more and was subsequently removed from the home by the parent or parents (this grandparent-grandchild relationship establishes a rebuttable presumption that denial of visitation may result in irreparable harm to the child).     (b) (1)  In considering a petition for grandparent visitation, the court shall first determine the presence of a danger of substantial harm to the child. Such finding of substantial harm may be based upon cessation of the relationship between an unmarried minor child and the child's grandparent if the court determines, upon proper proof, that:   (A) The child had such a significant existing relationship with the grandparent that loss of the relationship is likely to occasion severe emotional harm to the child;    (B) The grandparent functioned as a primary caregiver such that cessation of the relationship could interrupt provision of the daily needs of the child and thus occasion physical or emotional harm; or      (C) The child had a significant existing relationship with the grandparent and loss of the relationship presents the danger of other direct and substantial harm to the child.     (2) For purposes of this section, a grandparent shall be deemed to have a significant existing relationship with a grandchild if:     (A) The child resided with the grandparent for at least six (6) consecutive months;     (B) The grandparent was a full-time caretaker of the child for a period of not less than six (6) consecutive months; or     (C) The grandparent had frequent visitation with the child who is the subject of the suit for a period of not less than one (1) year.     (c)  Upon an initial finding of danger of substantial harm to the child, the court shall then determine whether grandparent visitation would be in the best interests of the child based upon the factors in § 36-6-307. Upon such determination, reasonable visitation may be ordered.     (d) (1)  Notwithstanding the provisions of § 36-1-121, if a relative or stepparent adopts a child, the provisions of this section apply.      (2) If a person other than a relative or a stepparent adopts a child, any visitation rights granted pursuant to this section before the adoption of the child shall automatically end upon such adoption.   [Acts 1997, ch. 503, § 2; 2000, ch. 891, § 1; 2001, ch. 440, § 1.]   

T.C.A. 36-6-307. Determination of best interests of child for grandparent visitations. 

   In determining the best interests of the child under § 36-6-306, the court shall consider all pertinent matters, including, but not necessarily limited to, the following:      (1) The length and quality of the prior relationship between the child and the grandparent and the role performed by the grandparent;     (2) The existing emotional ties of the child to the grandparent;     (3) The preference of the child if the child is determined to be of sufficient maturity to express a preference;      (4) The effect of hostility between the grandparent and the parent of the child manifested before the child, and the willingness of the grandparent, except in case of abuse, to encourage a close relationship between the child and the parent or parents, or guardian or guardians of the child;      (5) The good faith of the grandparent in filing the petition;      (6) If the parents are divorced or separated, the time-sharing arrangement that exists between the parents with respect to the child; and   (7) If one (1) parent is deceased or missing, the fact that the grandparents requesting visitation are the parents of the deceased or missing person. [Acts 1997, ch. 503, § 2; 2000, ch. 891, § 2

            The impact of these two statutes is to provide grandparents the ability to have visitation of their grandchild when the parents are not the traditional nuclear family.  If however the parents are married and are together, then the court will not likely second guess the child’s parents regarding who may or may not be around the child.