-       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

Doing Time . . . For the Rest of Your Life

(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

The Money You May Have to Pay

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

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.

John Jay Clark, Sr. Nashville Attorney, Gordon Law Group, PLC

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.

Here is a brief answer that might clear up some confusions-

A Living Will

• Only takes effect when all medical procedures have been performed by physicians and you are only kept alive by life support.  Simply, if the machines are turned off, you will pass away.
• By having a Living Will, you take the decision out of your family or friends’ hands by making your decision in a legal document.
• The classic example is the Terry Schiavo case.  Her parents believed her wishes were to be kept alive while her husband believed her wishes were to not be kept alive artificially.  Since she had no Living Will, a long strenuous court battle ensued over several years.  There are no winners in that situation.

Medical Power of Attorney

• A Medical Power of Attorney gives you the authority to designate someone to make decisions on your behalf if you ever become incapacitated and are unable to make decisions on your own.
• If you ever become incapacitated, the person you have designated will be able to choose which medical procedures to perform, if there is a decision to be made regarding medical care.
• The person you designate will only be able to make these decisions while a doctor has deemed you to be in an incapacitated state.   That is, they have no power to make decisions unless a doctor has determined you are unable to make those decisions.

This is a brief summary of the differences between a Living Will and a Medical Power of Attorney.  If you would like more information about this topic, you may contact us to discuss your situation.

The Estate Division of the Gordon Law Group

Michael McNulty, Estate Attorney for the Gordon Law Group