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.