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.