Herndon, Coleman, Brading, & Mcee, LLPHerndon, Coleman, Brading, & McKee, LLP2024-03-28T07:24:16Zhttps://www.lawyerfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1404170/2022/11/cropped-favicon-32x32.pngOn Behalf of Herndon, Coleman, Brading, & McKee, LLPhttps://www.lawyerfirm.com/?p=479402024-03-27T00:23:20Z2024-03-27T00:23:20ZLegal penalties and collateral effects
Due to the severity of the offense, a domestic violence conviction can result in a wide range of legal repercussions, depending on the specific circumstances of the case:
Incarceration: A conviction could sometimes lead to jail or even prison time.
Fines: Courts often impose significant fines alongside other penalties.
Probation: Probation restricts the defendant within their community under court supervision, often with additional requirements like counseling programs.
Protective orders: These court orders restrict contact between the defendant and the alleged victim, potentially impacting living arrangements and child custody.
Beyond the immediate legal consequences, a domestic violence conviction can have long-lasting collateral effects on a defendant’s life:
Loss of employment: Many professions have strict policies regarding criminal convictions, and a domestic violence conviction could lead to termination or difficulty landing future employment.
Limited housing options: Landlords may be hesitant to rent to someone with a domestic violence conviction on their record.
Difficulty obtaining professional licenses: Certain professions require background checks, and a domestic violence conviction could prevent licensure.
Immigration issues: For non-citizens, a domestic violence conviction can jeopardize their immigration status.
Impact on child custody: Domestic violence convictions can significantly complicate child custody arrangements.
Suppose you’re facing a domestic violence charge; it’s crucial to work on an effective criminal defense strategy that can help clear your name. There exist several defense strategies that defendants in your position can explore. First, suppose you acted in self-defense; this can be a strong legal defense. And, unfortunately, in some cases, domestic violence charges may be based on false allegations. Suppose this is your current predicament; investigation of the facts of your case can help clear your name.
Domestic violence accusations are a serious matter that can result in severe consequences. If you are facing such charges, seeking legal counsel can make a significant difference. A strong defense strategy can help safeguard your rights and potentially minimize the potential penalties you’re facing, if it is not possible to avoid all consequences possible under the circumstances.]]>On Behalf of Herndon, Coleman, Brading, & McKee, LLPhttps://www.lawyerfirm.com/?p=479382024-03-26T23:02:46Z2024-03-26T23:02:46ZIn Tennessee, like most states, child custody decisions are made with one paramount goal: determining the child’s best interests.
This can be a complex process, especially when parents have difficulty reaching an agreement on their own. If you’re navigating the possibility of a litigated child custody, understanding the factors the court considers can help you prepare for this challenging situation.
Key factors influencing child custody decisions
Courts utilize a multi-factor test to determine what living arrangement best serves the child’s well-being. For starters, the court will evaluate the emotional bond between the child and each parent. This includes factors like:
The child’s age
The amount of time spent with each parent
The quality of their interactions
It’s important to note that the parent who has historically assumed primary responsibility for the child’s daily needs often carries more weight in the court’s decision.
The court will also assess each parent’s ability to provide for the child’s financial, emotional and physical needs. This includes factors like income, stability and access to healthcare. Moreover, judges prioritize minimizing disruption to the child’s life. This includes their current home environment, school and relationships with siblings and extended family. The court’s discretion also allows them to consider additional factors like:
Each parent’s work schedule
The character of anyone living in the home
Any mental health concerns that might impact parenting ability
Moreover, any evidence of domestic violence, child abuse or neglect can significantly impact custody decisions. This is because the court prioritizes the child’s safety above all else. It’s also important to remember that Tennessee family law requires the court to consider the reasonable preference of a child over the age of 12. However, the child’s wishes are just one factor and may not be the deciding one for younger children.
Understanding the factors considered in litigated child custody cases can empower you to make informed decisions about your child’s future. If you’re facing a custody dispute, remember that you don’t have to go through it alone. Seeking legal counsel can provide invaluable support and guidance.]]>On Behalf of Herndon, Coleman, Brading, & McKee, LLPhttps://www.lawyerfirm.com/?p=479342024-03-08T22:06:16Z2024-03-08T22:06:16ZPossession of prescription drugs without a prescription
The unauthorized possession of prescription drugs is a criminal offense. Unauthorized possession involves having some medications without a valid prescription. These charges apply to those without a prescription or with a forged one.
Distribution or sale of prescription drugs
Distributing or selling prescriptions without proper authorization is against the law. You need the appropriate licensing and prescriptions to be a doctor or pharmacist. The legal system takes a tough stance on this to curb illegal drug abuse and distribution.
Prescription fraud
Prescription fraud involves using deceptive practices to get prescription medications. These practices can include forging or altering the details on a valid prescription. Individuals caught engaging in prescription fraud may face criminal charges for their actions.
Doctor shopping
Doctor shopping is visiting several clinics to get the same medications. People who stockpile prescriptions for personal use or resale engage in doctor shopping. Many clinics will not give first-time patients certain medications to avoid this behavior.
Unlawful possession or distribution of controlled substances
Prescription drugs classified as controlled substances carry more legal restrictions. These can include specific painkillers and anti-anxiety medications. Charges related to the illegal possession or distribution of these drugs are harsh. These consequences are due to the abuse and harm associated with these medications.
Navigating legal challenges
Criminal prescription drug charges cover a range of offenses. Engaging in lawful and ethical practices around prescriptions helps avoid serious legal consequences.]]>On Behalf of Herndon, Coleman, Brading, & McKee, LLPhttps://www.lawyerfirm.com/?p=479322024-02-26T22:32:26Z2024-02-26T22:32:26Zseparate licensing boards for professions ranging from those working with individuals who have sensory issues to mental health professionals.
State licensing boards in Tennessee help establish and enforce professional standards. They protect the public by ensuring that those working in highly-skilled and educated professions meet specific standards, such as obtaining necessary degrees, passing state tests and having few or no criminal convictions on their record.
Maintaining a professional license can lead to competitive wages and a rewarding profession. Unfortunately, prescription drug charges could lead to the loss of necessary licensing and major career challenges.
Criminal records affect eligibility
One of the reasons that state licensing exists is to ensure that those working in professions that require public trust do not engage in dangerous or unethical behavior. State licensing boards perform background checks to determine what criminal records applicants may have. They also frequently engage in disciplinary action when a license holder allegedly engages in questionable conduct.
In many professions, offenses more serious than traffic tickets can put licensing at risk. Prescription drug charges can be a red flag for licensing boards. They indicate an issue with addiction, which can compromise decision-making ability and job performance. Particularly in professions related to healthcare or transportation, a criminal record related to substance abuse can be enough to end someone's career.
Accused professionals have rights
Getting arrested for a prescription drug charge, whether it relates to unlawfully possessing a medication or driving after taking a prescription drug, can have a major impact on someone's professional future. Thankfully, there are rules in place to ensure due process for those who have invested heavily in their case. Specifically, licensed professionals have the same right as anyone else to defend against criminal charges by taking a case to trial. Avoiding a conviction typically means that a licensed professional can avoid major disciplinary consequences with the state licensing board.
Even after a conviction or guilty plea, it may be possible to mitigate the worst consequences possible by having an attorney represent a professional during disciplinary hearings before a licensing board. As such, understanding the potential implications of pending prescription drug charges could help licensed professionals in Tennessee avoid worst-case scenarios.]]>On Behalf of Herndon, Coleman, Brading, & McKee, LLPhttps://www.lawyerfirm.com/?p=479302024-02-22T22:23:36Z2024-02-22T22:23:36ZInitial response and evidence collection
The first phase of any trucking accident investigation involves an immediate response to the scene. Law enforcement and specialized accident investigation teams work together to:
Secure the area
Assist the injured
Begin the evidence-collection process
This stage is crucial for gathering physical evidence, such as vehicle debris, skid marks and electronic data from the truck’s event data recorder (EDR), which can provide vital information about the vehicle’s speed, brake application and steering movements prior to the collision.
Factors used to determine liability in trucking accidents
Commercial trucks operate under a strict regulatory framework set forth by the Federal Motor Carrier Safety Administration (FMCSA). Investigators must thoroughly review a trucking company’s compliance with these regulations, including:
Driver qualifications
Vehicle maintenance records
Hours-of-service logs
This review can reveal if regulatory violations, such as overworked drivers or poorly maintained vehicles, played a role in the accident.
Driver behavior is a leading cause of trucking accidents. Therefore, investigators must also consider the driver’s actions, such as:
Possible distractions
Fatigue
Impairment
Additionally, environmental conditions at the time of the accident, including weather, road layout and traffic signals, are analyzed to understand their impact on the incident.
Pursuing compensation following a trucking accident
Suppose a trucking accident victim is pursuing compensation following a trucking accident. In that case, they should know that insurance companies representing trucking companies are notorious for using tactics to minimize payouts or shift blame onto other parties.
Therefore, successful handling of insurance inquiries and negotiations requires a firm grasp of legal and procedural nuances. Thankfully, victims can engage an experienced legal team to act as a buffer between them and insurance adjusters. This can help ensure that the victim’s rights are advocated for and that they receive fair compensation for their injuries.
Trucking accidents present unique challenges that demand a comprehensive and methodical approach to investigation and resolution. By enlisting legal counsel, accident victims can level the playing field against insurance companies and opposing law firms and more effectively pursue the compensation they rightfully deserve.]]>On Behalf of Herndon, Coleman, Brading, & McKee, LLPhttps://www.lawyerfirm.com/?p=478572023-07-07T22:48:26Z2023-07-07T22:48:26ZChildren's schedules during the summer
School-age children typically have a summer vacation from school, and parents may need to make changes to accommodate that break. Working parents often need to find additional childcare in the summer. While some teenagers can spend time alone during the day, most younger children require care and supervision.
Many parents enjoy spending quality time with their children during summer break when kids have less homework and more free time. Parents who live further away or have limited visitation time might also desire extended stays over the summer to bond with their children. Furthermore, some families use summer to take long trips or enroll children in camps.
Navigating challenges and resolving conflicts
Parents can avoid potential conflicts by discussing summer plans well before the school year ends. When communicating with an ex-spouse, it is advisable to approach the conversation with openness and respect to find common ground. However, some co-parents struggle to discuss tricky issues without conflict arising. Working with a third party, such as a mediator or family counselor, can help the conversation stay on track. Parents should also consider creating written documents outlining any summertime changes to their usual visitation schedules. This can provide clarity and help solve disputes later in the summer.
Effective communication and conflict resolution skills can help divorced parents work together to accommodate changes to their children's schedules during summer.]]>On Behalf of Herndon, Coleman, Brading, & McKee, LLPhttps://www.lawyerfirm.com/?p=478552023-06-30T01:28:14Z2023-07-01T01:26:56Zdrunk driving accidents than any other month of the year.
Contributing factors to drunk driving
The warm weather and longer days create the perfect backdrop for outdoor activities, parties and social gatherings. Whether it is a backyard barbecue, a day at the beach or a 4th of July celebration, alcohol often plays a central role in these events. The relaxed atmosphere can make it easy for people to lose track of how much they have consumed.
Moreover, many people take advantage of the school break or favorable weather conditions to explore new destinations or visit family and friends. Long drives, unfamiliar roads and fatigue can all contribute to an increased likelihood of accidents. When alcohol is in the mix, the potential for tragedy escalates.
Consequences of drunk driving
An NHTSA study showed that about 37 Americans die from drunk driving accidents every day. Even a blood alcohol level of .02 g/dL can impair a person's ability to drive and increase the risk of a fatality. Legal fees and fines can exceed $10,000 for a single DUI, and jail time is a possibility.
There is nothing wrong with having fun during the summer months, but responsibility is key. By prioritizing safety and making informed choices, people can mitigate the dangers of drunk driving.]]>On Behalf of Herndon, Coleman, Brading, & McKee, LLPhttps://www.lawyerfirm.com/?p=478532023-06-30T01:25:19Z2023-06-30T01:25:19ZEstablish fault in the accident
After an accident, you need to establish who bears the fault for it. Tennessee applies a modified comparative fault rule, which allows you to seek compensation if your fault is less than 50%. However, the rule also stipulates that your compensation will decrease in line with your percentage of fault. If another party is wholly responsible for the accident, they should cover your long-term care expenses.
Evaluate the long-term effects of your injuries
It is also important to assess the long-term effects of your injuries. Your compensation should cover your current medical bills and any future costs. This can include ongoing treatments, therapies, rehabilitation and necessary medical equipment. A medical professional can help you understand your prognosis and estimate your recovery time.
Calculate lost income and future earning capacity
Do not forget to consider your lost income and future earning potential. If your injuries have made it impossible to work, you should seek compensation for the income you have lost. If the accident has affected your future ability to work, you may also claim compensation for loss of future earning capacity.
Include pain and suffering in your claim
Tennessee law allows you to include pain and suffering damages in your compensation claim. These damages cover the physical pain and emotional distress you have endured because of the accident. Quantifying these damages can be challenging, but they significantly contribute to your total claim.
By focusing on these aspects, your journey to recovery can concentrate on healing instead of financial stress, and the right compensation can make this possible.]]>On Behalf of Herndon, Coleman, Brading, & McKee, LLPhttps://www.lawyerfirm.com/?p=478022023-04-07T21:08:13Z2023-04-07T21:08:13Z1,327 motor vehicle fatalities occurred in 2021. The victim’s families face a life-altering situation that comes with challenges and many questions.
1. Who can file a claim?
In Tennessee, specific family members have a right to file a claim. If the victim has no surviving spouse, the children or next of kin of the deceased may pursue a lawsuit. The parents may also file if the victim depended on them as well as an executor of an estate. Any recovered damages would go to the estate.
2. What burden of proof does the state require?
The state considers a wrongful death as one caused by an unlawful act. Although some get labeled as intentional, most vehicular deaths happen due to negligence. Proving negligence requires evidence that the responsible party willfully, knowingly or recklessly committed an act that had the potential to result in injury or death.
3. What might compensation look like?
In Tennessee, a person can file a wrongful death civil suit regardless of how the criminal case went. The damages received vary from case to case. In general, people can expect compensation to cover burial and funeral costs. Above that, the person filing the claim may seek additional damages for medical expenses, lost wages, pain and suffering, and loss of companionship or care.
The loss of a loved one changes everything, especially an unexpected death due to the careless actions of another person.]]>On Behalf of Herndon, Coleman, Brading, & McKee, LLPhttps://www.lawyerfirm.com/?p=478002023-03-27T19:31:36Z2023-03-27T19:31:36ZWhat are the signs of a traumatic brain injury?
Symptoms of a TBI may occur immediately or appear in the days or weeks following the accident. Mild TBIs might cause loss of consciousness, nausea, vomiting, confusion, headache, sleepiness or trouble sleeping, fatigue, speech problems, dizziness, blurry vision, sensitivity to light and sound, mood changes or memory problems. More severe TBI cases may lead to the symptoms above, seizures, trouble waking up, clear fluid drainage from the ears or nose, extreme agitation, slurred speech or coma.
What are the potential long-term effects of a TBI?
A TBI from a car accident can have lasting implications. Some potential long-term effects include:
Diminished executive function skills
Low bodily awareness
Weakness or paralysis
Trouble speaking, reading or writing
Anxiety and depression
Problems maintaining relationships
Can a TBI heal on its own?
In some cases, TBI symptoms can improve with care and rehabilitation. However, the areas of the brain that sustain damage may not ever fully heal. Instead, other parts of the brain can learn to compensate for the portions of the brain that no longer function optimally.
While recovery from traumatic brain injuries after a car accident is possible with treatment, the effects and damage are often long-lasting and significantly impact the quality of life for the injured person and their loved ones.]]>