Implied Consent: Do You Know Your Rights?

   Consent is another word for agree. Have you ever had an officer ask if you "consent" to allowing them to do a search? Are you aware that without having probable cause to believe an offense was committed, officers are not allowed to conduct a search without a search warrant. As usual, there is an exception to this law. It is called the good faith exception. In Tennessee, officers are allowed to collect evidence that may otherwise be found to be inadmissible in court if they believed in good faith that all of the circumstances gave them probable cause to do so. 

    There are two types of consent: actual and implied. Actual consent is when you expressly give consent, either orally or by writing. Implied consent is when it appears from all of the circumstances that consent has been given. Tennessee has a statute (55-10-406) that allows an officer of the law to order a test to check the alcohol or drug levels in a driver's blood if they have reasonable grounds to believe the person was driving while under the influence. The officer must explain to the driver the consequences for refusing to allow such a test. The minimum penalty of refusing is loss of license for one year. If the driver still refuses to give actual consent to the test, the driver can be charged under this statute and the test can still be administered.

   Recently, attorney Ashley L. Jackson had the privilege of hearing oral arguments on this issue in front of the Tennessee Supreme Court in the case of State of TN v. Corrin Reynolds. Essentially, the issue in this case is whether the good faith exception trumps someone's constitutional rights to be free of illegal search and seizure. Does a blood test for drugs or alcohol count as a search? And, if so, is a warrant required to conduct that type of search? 

   Until the Court makes a decision, Tennessee drivers are considered to have given implied consent to a blood test when they drive on Tennessee roads, so please understand your rights. If you refuse to consent to a test after you have been made aware of the consequences of refusal, you could be charged under the implied consent statute. 

Check out this article from the Tennessean for more coverage on this case.
http://www.tennessean.com/story/news/2015/09/30/justices-weigh-good-faith-exception/73039504/

Contact the Law Office of Joe M. Brandon, Jr. and Ashley L. Jackson to learn more about this issue. (615) 890-2399

Why Am I Required to Take a Parenting Class to Get a Divorce?

Everyone going through a divorce in Rutherford County, Tennessee is mandated to take a court-approved parenting class if you have minor children at the time of your divorce. According to www.tn.gov, “This class or series of classes gives parents the information necessary to deal with their children and with each other during and after the divorce process. These seminars are meant to help the divorcing family through the traumas of divorce without putting more stress on the parties and their children.” The class includes topics related to children and family such as counseling; an overview of the Court, mediation, child support, and parenting plan process; suggested ways to help children of various ages cope with divorce; and grief and loss stages that everyone involved may experience through the process. In Rutherford and Cannon Counties, the class is a one-time session of four hours. This class must be completed within sixty (60) days of your divorce being finalized, BUT the sooner you can take the class, the better off everyone will be (and maybe even save you money in the long run.)

There are two known places to attend class in Rutherford County, and one agency offers a reduced rate class in Brentwood, TN. The Family Center offers TransParenting, a nationally recognized program that is conducted by Master’s level mental health professionals. The fee for TransParenting is $45 in the Murfreesboro location, or the reduced rate location in Brentwood is $25. Several dates are available throughout the month, but classes there fill up quickly, so you must register and pay well in advance. Divorcing or separating parents must attend separate seminars, regardless of how congenial your case may be. They accept cash, money orders, and credit cards, but no checks. You may register and pay at www.familycentertn.org/sign-up or by calling (615) 890-4673. The office is located at 115 Heritage Park Drive, Murfreesboro, TN 37129. If you want to attend the reduced- rate class, know that spaces are limited to those with demonstrated financial need. You must contact Julia Todd at (615) 324-7526 or jtodd@bumc.net to register and pay. This class is held at Brentwood United Methodist Church, 309 Franklin Road, Brentwood, TN 37027.

The next provider in Murfreesboro is Lifebridge, and registration can be completed at www.lifebridgetn.com/register/events. They offer one or two classes per month in the Murfreesboro area, and locations vary. Space is limited to eight participants and registration is $50. For all locations, please do not bring your children, as no childcare is provided. You may bring drinks and snacks- there are no vending machines, but you will be given breaks throughout the course. Please bring your docket number in case that is needed for your certificate of completion. You will notice that classes are offered all over the mid-state area, with many in Davidson County, if that location is more convenient. Even if your divorce is in Rutherford/ Cannon, you are allowed to take the course outside of county, so long as it’s a court-approved course.

Positive Change in Irreconcilable Differences Divorces

                                         

 The 16th Judicial District recently released an Administrative Order regarding final hearings in Irreconcilable Differences with minor children divorces. Previously, only parties to Irreconcilable Differences divorces with no minor children could waive their right to a final hearing and request a divorce through an affidavit to the Court. However, this new administrative order has extended that waiver to parties to Irreconcilable Differences divorces with minor children.

  The goal of this new order is to eliminate unjustifiable expense and delay by waiving the requirement of a Court hearing. The following conditions must be satisfied in order to waive an Irreconcilable Differences divorce with minor children hearing:

1. The attorney or pro se litigant shall file the following documents with the Court Clerk's office, along with the required filing fee:
• the Complaint
• the executed Marital Dissolution Agreement;
• the executed Permanent Parenting Plan
• the Child Support Worksheet
• Certificates demonstrating both parties' completion of the parenting class
• Affidavits of both parties containing the divorce information
• the proposed Final Decree of Divorce
2. Upon receipt of all documents, and after the expiration of the mandated 90-day waiting period, the Court Clerk shall forward the file to the Divorce Coordinator for review.
3. If the Divorce Coordinator is satisfied with the Parenting Plan, Child Support Worksheet and parenting class certificates, she shall forward the file to the Judge or Chancellor, who may then sign the documents or require a Court hearing. 
4. Either party may still request that a Court hearing be held in any divorce case.
5. Court hearings shall be required in all cases where a deviation from the Child Support Guidelines is requested.

  At Brandon Law Group, we sincerely believe this new effort on the behalf of the 16th Judicial District will better allow both parties to move forward. If you have any questions on this new Order, please contact us at (615) 890-2399.

Social Media, Search Warrants and Your Case

           

  Are you aware that what you post on social media may be used against you in your case? Here is a link to an article regarding a recent NY Court of Appeals decision on whether Facebook must give access to their users' posts. The Court decided Facebook must comply with requests to access user data. 

http://nyti.ms/1HHlA1E

  At Brandon Law Group, we are ready to advise you on how your social media posts and information may specifically affect your case. Call us now to schedule a free consultation. (615) 890-2399

Keys to Finding the Right Personal Injury Lawyer

Like any other types of law, you shouldn’t take the easy path when finding a personal injury lawyer. The same is true with a personal injury claim. Experience matters, no matter the situation.

When searching for a personal injury lawyer in Murfreesboro, as always, find a recommendation from a circle of friends or those who have been in a similar situation in the past.

After you have a short list and searched websites for personal injury lawyers, ask a few questions to help determine their credibility and start the process.

• How many years of experience does the lawyer have?
• How often does the lawyer participate in personal injury cases?
• Who does the lawyer represent in most cases? Is it the plaintiff or defendant?

After this process, you should have a good idea in mind of the right candidate to correspond with your situation. From here, you should set up an appointment and see how you connect with the attorney.

Personality is vital to the relationship and you want someone who will go to bat for you and also keep you updated on the progress.

It’s also a good move to check the reputation of the attorney and see how they deal with insurance companies. They should have the know-how to negotiate and reach a fair settlement. Many cases settle before trial, so this step is a pivotal one.

In the same regard, make sure your personal injury lawyer is unbiased and truly cares about your case. You want an attorney who will devote proper time to your situation.

Finding the right match is an essential part of a personal injury case. If you have questions, feel free to contact our office.

Understanding Criminal Law: Retirement and Dismissal

If you have a criminal case in Rutherford County, sometimes either a retirement or a dismissal may be obtained. The laws surrounding both can be confusing, so hiring an experienced criminal lawyer to navigate the system is often an advantage. Below is a brief summary of the two.

A dismissal is exactly what it sounds like; your case is dismissed in its entirety. In Rutherford County Criminal Courts, it is rare to walk away with an outright dismissal. If a Murfreesboro Lawyer suggests otherwise, that is not true. However, an outright dismissal does happen on occasion, and having a local lawyer fighting on your behalf is a good step in that direction.

A retirement, on the other hand, is a continuance with a dismissal at the end. Once the criminal case has been continued for some time, it is dismissed, as if it never occurred. A retirement may be conditioned upon certain factors being met. Further, at the end of a retirement, when the case is dismissed, a person is eligible to have their criminal record expunged.

The difference between a retirement and a dismissal in Murfreesboro Courts is that a dismissal dismisses your case right away, while a retirement dismisses your case after a set period of time. It is important to note that a retirement may also be conditioned upon certain requirements, including community service, probation, payment of fines, or other tasks, which must be completed before your case is dismissed.

It is possible to have a criminal case in Rutherford County and get a retirement, or even a dismissal. However, these results depend upon the facts of each case. Consulting an experienced local lawyer, who knows his way around the Murfreesboro Criminal Courts, is a good start in that direction.

What Do Family Lawyers Do? Three Things to Know

We are often asked what do family lawyers do? It’s a fair question, because family law has a wide range of legal issues to handle. As family lawyers in Murfreesboro, we see and interact with people that are hurting, lack clarity, and have a lot of questions. Here are three things that our local family lawyers do on a regular basis.

Identify Your NeedsAs family lawyers, our first goal is to identify your wants and needs. The way we do that is to listen first. This may seem cliché; however, it is only through listening that an experienced family lawyer can truly assist clients in getting the legal help they need.

Create a Game PlanThe second thing we do is help you come up with a game plan, or outline if you will, that will assist you in obtaining your goals. Frequently, we compare clients to a fish in a fish bowl under a running faucet. The client doesn’t really know if they are coming or going; they just know that water is pouring in. Things that seem abundantly clear if you are on the outside all of the sudden are not so clear when you are going through such turmoil and uncertainty regarding your children and money.

Put Clients in Position to WinThe third thing we do is help you get in a position to obtain your goals. Sometimes, our job is to get clients into the correct programs or treatment options. Sometimes, our job is to tell someone they must abandon their extra-marital relationship. Sometimes, our job is to get clients into rehabilitation. Our job always involves collecting the right information and using it in the most powerful way for our clients.

At minimum, you will leave our office in a way that you are educated from all sides about your family law issue and in a much better position to make educated, rational decisions.