Presenting an appeal is different from presenting a trial because an appellate record is a “closed record.” This means the appellate record is similar to a photograph. The trial is real-time and moving. The appellate record is a snapshot of a moment of that flowing concept of real-time. At trial, a party can present live […]
The first, and most important point, before one changes legal counsel, is to carefully consider if that move is actually in your best interest? Is the change being done out of anger, panic, or logic? No attorney can promise an outcome in court. The attorney you currently have knows your case, has been paid, and […]
The Indian Child Welfare Act, commonly called ICWA, can be found at 25 U.S.C. section 1901 et seq. ICWA applies to state juvenile court cases where a termination of parental rights or surrender of parental rights exist and either the child or one of the parents is associated with a federally recognized Native American Indian […]
Soldiers that are charged with a violation of the Uniform Code of Military Justice (UCMJ) can propose other punishment options instead of a “BCD” (Bad Conduct Discharge) courts-martial trial. An example of an alternative punishment would be a “Chapter 10” (Other Than Honorable) administrative discharge from the military. This option avoids a trial or potential […]
For many criminal matters, you have the right to have a trial. During your trial, you present factual evidence to refute your guilt. You may also question favorable witnesses and cross-examine unfavorable ones. If you do not like the outcome of your case and have important legal topics to address, you can probably file an appeal.
Tennessee parents like you need to decide what type of custody situation will work best for everyone, but especially your children. Today, the Law Office of Gregory D. Smith will examine the possible positive benefits associated with joint custody.
Any time you are stopped by Tennessee law enforcement officials, it is easy to become stressed and say or do things that are not helpful to your situation. One way to avoid this is to know your rights before the police show up at your door. If you are accused of a crime, the American Civil Liberties Union defines the rights you have that are intended to protect you from any wrongdoing by police.
divorce process is never easy. Even if ending your marriage is a mutual decision, it can be full of turmoil and confusion. The thought of courtroom battles may fill you with dread. But there is an alternative to the traditional litigation – mediation.
Divorce is a difficult time for anybody, but if there is a special-needs child in the balance the stakes are much higher and things can become much more complex. In the event that you are going through a divorce with a child who has special needs in Tennessee, you likely have concerns that other parents will not need to consider.
Tennessee is the first state to legislate anti-bullying at work, and an employer accused of abusive conduct towards its employees may face a civil action. If you are a business owner, it may be in your best interests to become familiar with a recent change made to the Healthy Workplace Act, which now requires private employers to adopt and address policies to prevent bullying.