THE EFFECTS OF A CONVICTION

Sometimes when you are charged with a crime, it seems like the best solution is to accept the plea bargain the prosecutor is offering.  Before you do that, consider these consequences of a conviction:

-       Some occupations preclude employment if you have certain convictions or have licensing laws that allow the state to deny employment for criminal convictions.  Examples include

• Dealer of dogs and cats
• Mortgage, real estate, insurance agents
• Court clerk
• Lottery retailer
• Pawn broker
• Doctor
• Attorney
• Nurse
• Teacher
• Funeral Director
• Contractor
• Locksmith
• Bill Collector
• Geologist
• Bus Driver of Children
• Athlete Agent
• Counselor or Therapist
• Police Officer

-       Anyone convicted of a felony is ineligible to serve in the armed forces without an authorized exception issued by the Secretary of the armed services branch.

-       A State employee convicted of a felony that was related to the employment or official capacity is not entitled to receive retirement benefits from the State.

-       A landlord may evict a tenant after the tenant has been charged or convicted of an offense that could present a danger to the health, safety, or welfare of other tenants.

-       If convicted of a felony, a person is automatically ineligible to vote, hold public office, or serve on a jury.  It is possible to have these rights reinstated.

-       A convicted felon may not be able to own a handgun.

-       A convicted felon may not be able to change his or her name.  This is definitely the case for anyone listed on a sexual offender registry.

-       Depending on the type of conviction, the felon may have to register as a sexual offender.  This carries various limitations based on the crime that will limit where a felon can work, live, etc.

-       Depending on the crime, some crimes require lifetime supervision.

-       State and federal drug offenders may be ineligible for federal grants, licenses, contract, and other federal benefits.

-       Passports will be revoked for felons convicted of drug offenses.

-       Future sentences will be enhanced based off of the previous conviction.

RULE OF THUMB:  Be very careful and think through all of the consequences before accepting a plea agreement.

Image: Arvind Balaraman / FreeDigitalPhotos.net

WHAT’S AN EMPLOYER TO DO WITH A GARNISHMENT ORDER?

Garnishments are statutory remedies granted to a creditor through a judgment to collect on a debt.  When an employer receives a garnishment order, the employer has three options:

(1)  answer the garnishment without an objection;

(2)  answer the garnishment with an objection; or

(3)  do not answer.

Since an employer is required to answer a garnishment within 10 days of receiving it, it is generally best if the employer chooses either options (1) or (2).  Option (1) would require the employer to calculate the percentage of the employee’s wages that will be sent to the court to compensate the creditor, and the employer will inform the court of that amount.  Option (2) allows for the employer to raise an objection to paying any amount to the court, and the reason might be that the employer is already garnishing 25% of the employee’s wages for other creditors or that the debtor is no longer an employee.

If the employer chooses to do nothing, then once the ten days have passed, the employer will be given a Scire facias, which is essentially a second chance that permits the employer to answer before a conditional judgment against the employer becomes final.  This is the important part:  if an employer does not answer the garnishment within the ten days, the court can issue a conditional judgment against the employer for the amount of money due to the creditor.  If the employer does not answer within the time limit defined in the scire facias, then the conditional judgment granted by the court will become final, and the employer becomes responsible for paying the debt.  In addition, at that point, there is no time for objections to be lodged, rather, the employer can only appeal the judgment.

RULE OF THUMB:  If you are an employer, answer the garnishment within ten days.

Image: Salvatore Vuono / FreeDigitalPhotos.net

Medical Debt effect on bankruptcy

The bills incurred for medical expenses almost always place a strain on families – this is certainly true when the economy is in a decline.  The stresses that families go through when medical bills are incurred can be devastating.  However there are solutions that can and should be explored to alleviate these stresses. 

Recently, I was interviewed by Aaron Solomon of Channel 4 News (WSMV) to discuss the effects of debt and possible alternatives.  Please take a look at the video at the link below.

 http://www.wsmv.com/video/23313122/?taf=nash

Nashville Trademark Attorney-Nashville Entertainment Attorney

Nashville Trademark Attorney/Nashville Entertainment Attorney

Trademark Dilution

Trademark dilution occurs when the uniqueness of a famous mark is diluted or lessened in the eyes of the  public. Trademark dilution is different from traditional trademark infringement in that in an action for trademark dilution one does not need to show a likelihood of confusion in order to be successful in a court of law. Rather, the plaintiff in such an action must demonstrate that his/her mark is famous, and that the actions of the defendant dilute the distinctive quality of the mark.

In dermining whether or not a mark is “Famous”, the Courts routinely look at the following factors as laid out in the Federal Trademark Dilution Act:

The duration and extent of use of the mark;

The duration and extent of advertising for the mark;

The geographic area in which the mark has been used;

The degree of distinctiveness of the mark (either through the nature of the mark itself, or through acquired distinctiveness);

The degree of recognition of the mark;

The method by which the product was distributed and marketed (the “channels of trade”);

The use of the mark by third parties; and

Whether the mark was federally registered.

Once a mark has been deemed “Famous”, the Plaintiff will then need to establish dilution under one of the following two categories:

“Blurring”, by which the connection in consumers’ minds between the plaintiff’s mark and the plaintiff’s goods or services is weakened; or

“Tarnishment”, which means that the defendant’s use is unsavory or unwholesome, or the mark is used in connection with inferior products (http://www.bitlaw.com/trademark/dilution.html)

Court Costs: The, too-often, undisclosed kicker

When a defendant enters into a courtroom and pleads guilty or is found guilty, included in the disposition of that case is always going to be court costs. In fact, whether you are in a criminal court or a civil court, you are paying for the services of the court, including the Judge, the court officers and even the clerks. Too often, in criminal cases specifically, a defendant is not advised of the court costs associated with their case. When they are advised that they will be necessary, they are rarely prepared for the amount of the bill when it comes in the mail. For example, depending on the number of times an A misdemeanor is set in General Sessions Court, on average the court costs are around $1,000. Can you imagine how much the court costs are associated with a jury trial that goes through General Sessions, through the Grand Jury and all the way through Criminal Court? Sure, justice is your right but you still have to pay for it.

DUI Sanctions: What the law says…

When you plead guilty or are found guilty of a DUI in Tennessee, there are some sanctions that the Statutes of the Tennessee code says are mandatory.

On a first offense DUI, these minimal requirements include 11 months and 29 days in jail, all suspended except for 48 hours. While, on probation, you must complete 24 hours community service work, attend and complete an alcohol safety course, pay a $350 fine plus court costs and lose your driving privileges for 1 year.

The minimum requirements only get worse on a second, third or fourth offense, and the fourth becomes a felony.

Why do I need a lawyer for my divorce? John Jay Clark Nashville Tennessee Divorce Attorney

I hear the rumblings all the time “why do I need a lawyer” or “I could have done this on my own”. So, why do you need a lawyer to represent you in your Tennessee Divorce? The old saying is, he who represents himself has a fool for a client. Why? Well, the long and short of it is that you are too emotionally involved to be a good advocate for yourself. In many cases you feel as though you have been done wrong or that someone is trying to take advantage of you. When these emotions exist it is next to impossible to be able to approach the tasks involved in a Tennessee Divorce in a way that will be beneficial to you. Most lawyers that have gone through personal divorces will tell you that even they, even with their legal educations and experience, have sought out the counsel of another lawyer. They didnt do this in most cases becuase they though the other lawyer was smarter or more gifted in the courtroom than they were, but becuase the other lawyer was not emotionally invested in the intimate details of the case. So, take that old saying to heart! If you are planning on going through a divorce or you have been thrust into one against your will, seek out the guidance and counsel of an experienced Tennessee Divorce Lawyer.

DUI Lawyer- Nashville- What you need to know….- Leah R. Wilson

Remember, if, or maybe I should say when, you get pulled over and have had anything to drink, keep in mind that everything you say can and WILL be used against you. This applies to to your responses to the ever famous questions such as :
“Have you been drinking tonight?”
” Where you coming from?”
But, it also includes the friendly sounding officers “making conversation” with comments such as:
” Oh, just having a few after work? How long you been there? Yeah, a long day at work- I hear ya! I am sure your fine but if you will just step on out of the car for me, I am going to get you to perform some tasks to be sure you are okay to drive.”
That officer is trying to get you to make statements to help his case and if you do, I can bet you it will be in the police reports when you get to court. Therefore, keep in mind that you have the right to remain silent and think about exercising that right. Remember, the State has to prove beyond a reasonable doubt you were over the legal limit and the last thing you want to do is say something that helps them.

Judicial Diversion in Criminal Cases in Tennessee

Judicial Diversion- What is it? What is 40-35-313? It comes up a lot in criminal negotiations and discussions but no one ever explains what it is. Allow me…. In criminal cases, under the Tennessee Code Section 40-35-313, a defendant may be entitled to enter a plea subject to this statute and be eligible at some time in the future to expunge the case from their criminal record. Sounds simple enough, huh? Well, if only it were that simple. It is not. First of all, diversion is only available for genuine first time offenders. Even a plea to a seemingly small matter, such as driving on a suspended license years ago, can keep a defendant from being eligible. Also, the legislature has prohibited some crimes from being eligible from diversion based on thier nature. These crimes include serious felonies and DUI related charges. Keep in mind that domestic assaults and even aggravated assaults (felonies) may be eligible for expungement. The only conditions associated with such a plea is that the entire sentence be suspended and the defendant placed on probation and the probation be completed without any violations or problems. Of course, it doesn’t automatically disappear from your record even then. The burden is on the defendant to provide proof that all fines and court costs have been paid in full, proof that the expungment fee is paid in full,  a letter of completion from the probation officer and a form must be filled out requesting the office of the District Attorney to approve the expungement. So when you hear 40-35-313 or Diversion- it is good news but that is only half the battle! You will still have a lot to do and prove to get the benefits it was created to provide.

Nashville Criminal Law Attorney- DUI FACTS

 The number of DUIs in Nashville is growing every day. There are many things you should know about the processes and ramifications of a DUI arrest. This is why it is so important to hire a criminal defense attorney with experience and knowledge in the field. At the Gordon Law Group, we have experienced attorneys who know the law as it pertains to DUIs as well as the strategies that can really make a difference in your case.

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