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The Smarter Sentencing Act, introduced by Senators Richard Durbin (D-IL), and Mike Lee (R-UT), would end unjust mandatory minimum sentences for drug offenders, and would modernize federal drug sentencing policies. According to Durbin, there is much work to be done in reforming our current criminal justice system. He states: “Mandatory minimum penalties have played a large role in the explosion…
When considering a dissolution of marriage, the most common question posed is, “How will divorce affect me financially?” A stable marriage is one of the best paths to maintaining and establishing wealth. Divorce is expensive. Possessions, money, financial assets, and debt acquired during the marriage are divided between former spouses. In fact, it’s estimated that individuals need approximately a 30%…
The Uniform Residential Landlord and Tenant Act, also known as URLTA, was created in 1972 by the National Conference of Commissioners on Uniform State Laws in the United States. It is a law governing residential landlord and tenant rental agreements entered into or renewed after July 1, 1975. The URLTA favors neither landlords or tenants. It is intended to make…
Every time you receive a paycheck from an employer, you have taxes withheld from that check. A portion of these taxes go toward Social Security benefits. One of the benefits offered through the Social Security Administration (SSA) is disability insurance. While hard to believe, nearly two-thirds of all initial claims for disability benefits are denied. An even higher rate of…
Every spouse considering a divorce in the state of Tennessee should know the basics of how mediation works. Though mediation is optional in Tennessee divorce law, as a practical matter it is required in almost all circumstances, especially in divorce cases involving child custody issues. In such cases, mediation is used to help parents resolve issues, have legal decision making…
An anticipatory search warrant is what is used when prosecutors have concrete proof that a crime will happen in the future. Anticipatory warrants are also used when police intercept contraband. These include: drugs in the mail, child pornography in the mail, captured military weapons, and information on fugitive locations. The most common example of an anticipatory search warrant is when…
A federal appeals court ruled Monday that a parking enforcer who uses chalk to mark your tire to keep track of how long you’ve been parked is unconstitutional. A three-judge panel of the U.S. Court of Appeals for the 6th Circuit in Cincinnati, unanimously agreed that this is a violation of the Fourth Amendment. The Fourth Amendment protects people from…
A conservatorship or adult guardianship is the legal process in which an individual, following the filing of a Petition, is selected by a Court to handle the affairs of another individual who has become incapacitated or disabled. In the state of Tennessee, this person is referred to as a conservator, and the incapacitated or disabled individual is referred to as…
Probate is the official way an estate gets settled, which may be required after a person dies. Probate gives someone, typically the surviving spouse or child, the legal authority to gather the deceased person’s belongings, pay debts and taxes, and transfer assets to those who have inherited them. Probate typically takes 6 months to a year, depending on whether or…
If you have been in an accident that was caused by another party, you likely have many questions pertaining to your case. One of which is, how long will my personal injury case take? There really is no concrete answer to this. There are many factors which can determine how long it will take for a case to reach resolution. Here are…