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Chattanooga Criminal Defense and Family Law Blog

Lawyer-Led Negotiation

The question of whether you need an attorney to handle your divorce is one that was not commonly asked a couple of decades ago. But times have changed, and today it is not uncommon for people to get divorced without any assistance from an attorney. Others are using attorneys in new ways, as the availability of alternative and complementary services increases. Law firms are restructuring in order to meet client needs, and many offer one-stop shopping, including financial planning, counseling, and career coaching. And the popular culture model of a War of the Roses type of court battle has gone by the wayside. Most attorneys, and their clients, now realize that out-of-court settlement, negotiated by the respective lawyers, is an easier, healthier, and more advantageous way to dissolve a marriage.

Charged with identity theft? Here is what you should know

Identity theft is a well-known type of crime, yet people do not really understand what this entails or what it could mean if they are facing charges of identity theft. Any type of white collar crime or financial crime is a serious offense, and a conviction can bring serious penalties. If you are facing these types of allegations, you would be wise to take your case seriously and prepare a meaningful defense strategy. 

This type of white collar crime takes place when someone uses the identity of another person for financial gain. For example, this can happen if someone uses a person's information to open a credit card or another type of account. Thanks to the internet, it is easier than ever to access sensitive information, and there are both state and federal laws against it.

Are you hoping to keep your divorce amicable?

Ending a marriage is certainly one of the more difficult proceedings that some Tennessee residents can go through. You may have tried everything to avoid divorce, but in the end, it was the best option for your circumstances. You may worry about the process ahead and have apprehensions about what the future might hold, but you can do your part to move forward effectively.

Because you undoubtedly do not want to make the situation any more difficult than it has to be, you likely do not have thoughts of revenge on your mind or of using the legal proceedings as a way to get back at your soon-to-be ex for any wrongdoings he or she may have committed. Still, you may wonder how you can stay on an amicable path during this time.

The best interests' standard for child custody determinations

When a court is required to make a determination on where a child will live, they must weigh many factors. The court may consider the abilities of the parents to provide the support the child needs, and the limitations the parents may have that will prevent them from being fully available as the child's custodian. The many elements that the court evaluates during the child custody hearing must ultimately support a determination that favors the best interests of the child.

The best interests of a child are those interests that provide the child with security, support, love, and happiness as they grow into a young adult. In some situations, a court may consult with the child in question to get their opinion on what living situation may best serve their needs and meet their interests. The age of the child as well as other factors can influence whether the court will consider the child's preference.

Theft crimes may have long-lasting repercussions

Theft is a significant criminal charge. The crime of theft involves the taking of another person's property with the intent of depriving them of it forever. Almost anything can be stolen, and the value of the property that is taken may influence how serious the penalties are for the person accused.

The theft of small items that are not worth much may result in only misdemeanor charges. Items of low value may not meet the requisite financial threshold to qualify as felonies and, therefore, petit theft charges may be issued when they are taken. When high value items like vehicles are taken, grand theft charges may be issued with longer possible prison sentences and greater financial penalties.

Taking steps to get ready for your upcoming divorce

Maybe you've made the choice to divorce, or perhaps you are contemplating moving forward with that option in the near future. Once you know this is probably the course of action for you, there are steps you can take to effectively prepare yourself for what lies ahead. Taking the time to get ready for divorce can ultimately save you time and money.

Entering the divorce process unprepared can result in a final order that does not make sense, is not fair or is not sustainable for your future. Preparation can also significantly reduce your stress during what is sure to be a stressful time. Thankfully, even a few small and basic steps can smooth your path and make it easier to fight for a strong post-divorce future.

Understanding the criminal charge of drug possession

Tennessee residents facing drug crimes should seek the help of criminal defense attorneys to support them as they analyze and defend their cases. Legal professionals who work in criminal defense can provide their clients with case-specific help to see them through their trials and prepare defenses that may help them protect their rights. This post provides general information on the topic of drug possession and is not legal advice.

Drug possession is a multi-component criminal charge. It has both an intellectual requirement and a physical requirement. First, in order for a person to possess illegal drugs, they must intend to do so. That means that the accidental possession or holding of illegal drugs, without the individual's knowledge of the illegality of it, may not satisfy this part of the charge.

Co-parenting challenges affect popular reality tv couple

Co-parenting in the wake of a separation or divorce can be incredibly challenging for Tennessee parents. However, when individuals are able to put the needs of their children first, they can often find common ground with their exes to provide their kids with the love and support they need. Not all former couples find this easy, however, and a former couple from a popular reality television program is currently struggling to find balance in their own co-parenting lives.

Kathryn Dennis and Thomas Ravenel of the television program, Southern Charm, share two minor children. Since their separation, they have each struggled with their own problems; Dennis spent time in a rehabilitation facility for substance abuse and Ravenel was charged with assaulting the former couple's nanny.

Defining assault during a domestic violence claim

As previously discussed on this blog, domestic violence accusations can stem from different types of harm that occur between individuals in different domestic relationships. Commonly, individuals involved in domestic violence situations live in the same household or are involved in a romantic relationship. The forms of harm that can occur between them may involve sexual, emotional, or physical abuse.

In some cases, a claim of domestic violence may involve another type of crime, particularly when physical violence allegedly occurred between the parties. An assault may occur when a domestic violence incident happens, and the remainder of this post will discuss just what elements must be proven for a person to be convicted of an assault.

What is a drug diversion program?

Criminal charges are serious, and when Tennessee residents are convicted, they may have to live with their alleged crimes for the rest of their lives. When it comes to finding a job, securing a loan, or even maintaining relationships, individuals can struggle when they must carry the weight of their prior criminal conduct. For some, diversions may be possible to lift such burdens and clear up their futures.

Diversions are essentially holds on criminal charges. When a person seeks a diversion to their charges and it is approved, they may be asked to plead guilty and submit to conditions placed on them by a judge. After they have met all the conditions imposed on them and the period of the diversion has passed, the individual may petition to have their charges expunged.

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Law Office of Sam Byrd
3828 Dayton Blvd
Chattanooga, TN 37415

Phone: 423-954-7949
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NCDD National College for DUI Defense: Samuel A Byrd