The “Miranda warning” is a statement given by law enforcement to a suspect in custody, informing them of their rights. The warning is derived from the United States Supreme Court case, Miranda v. Arizona, 384 U.S. 436 (1966), which established the requirement for law enforcement to inform suspects of their…
Tennessee Trial Lawyers Blog
CDL Speeding Tickets and Traffic Citations
A speeding ticket or traffic citation for a CDL driver can have a serious effect on their employment. While a non-CDL driver may be eligible for traffic school to keep a traffic citation off their driving record, there are some limitaitons on what Courts are allowed to do with citations…
Tennessee Implied Consent Law
Under TCA 55-10-406 any person driving a motor vehicle in Tennessee is deemed to have given implied consent to a breath test, a blood test, or both to determine the person’s alcohol or drug content of their blood. A refusal to submit to one of these tests is a civil…
WHAT IS DELTA-8 THC AND IS IT LEGAL IN TENNESSEE ?
What is Delta-8 THC? Delta-8 THC is one of over 113 cannabinoids found in the cannabis plant. Like Delta–9 THC and CBD, Delta-8 THC is a natural chemical found in cannabis plants. Delta–9 and CBD cannabinoids derived from legal cannabis are much more prevalent in use in Tennessee. However, Delta–8 is receiving a considerable amount of attention from cannabis consumers…
CAN MY SOCIAL SECURITY CHECK BE GARNISHED FOR CHILD SUPPORT?
“Can my social security check be garnished for child support” is a question some parents may find themselves wondering. The answer to that questions depends on the type of social security benefit the parent receives. Two main types of benefits are Social Security Disability Income (SSDI) and Supplemental Security Income…
THE GOLDEN TICKET: JUDICIAL DIVERSION – TENN CODE ANN. 40-35-313
JUDICIAL DIVERSION – TENN CODE ANN. 40-35-313 THE GOLDEN TICKET We all make mistakes and one mistake should not define a person. If this is the first time you’ve been charged with a crime or crimes, understandably you are worried. If you have gone a step further and…
FORMALIZING FOREIGN ADOPTIONS IN TENNESSEE
FORMALIZING FOREIGN ADOPTIONS IN TENNESSEE Parents who have adopted a child in a foreign county may be surprised to find out they need to take additional steps once returning to the U.S. with their child. After working with foreign adoption agencies and foreign judicial systems for lengthy periods of time…
Landlord Tenant Legal Issues in Wake of 2020 Tornado and COVID-19 Pandemic
LANDLORD TENANT LEGAL ISSUES IN THE WAKE OF THE 2020 TENNESSEE TORNADOES & COVID – 19. On March 2nd and 3rd of 2020, a series of large tornadoes touched down in Middle Tennessee, resulting in widespread damage, injuries, and fatalities. Lives were lost, electric lines were toppled, and countless homes…
Discovery in an Order of Protection (OP) Case
In a recent Tennessee Court of Appeals decision, Luker v. Luker, M2018-00138-COA-R3-CV (Tenn. Ct. App.2018), the Court addressed whether a respondent in an Order of Protection case had a right to conduct discovery in order to prepare for the hearing. The typical Order of Protection case is set for a…
Short Term Rentals in Nashville, Tennessee
Nashville is experiencing a significant increase in tourism. As reported by the Tennessean on January 25, 2018, “the Nashville area set another record for annual visitors in 2017, bringing in 14.5 million people and reaching a new high mark for hotel rooms sold.” While traditional hotel stays have been the…