Law Office of Hibbeler & Associates

If you were charged with possession, you may be able to get it expunged. Expunging removes the arrest, charge, and conviction, if there is one, from your criminal record entirely, so it is as if the incident never happened. Expunging your record can give you a clean slate and ensure a past mistake doesn’t continue to affect your future.

If you have a simple possession charge on your record and you want to get it expunged, our firm can help. We can verify that your charge is eligible for expungement and help you through the process.

What Is the Process for Expunging a Charge?

Before you apply to have a charge expunged off of your criminal record, it is important to talk with an attorney to ensure you understand what an expungement is and what it does for your criminal record. A criminal defense attorney can also verify that your charge is eligible for expungement so you don’t waste time and money trying to get a charge expunged that can’t be. Once you are sure that your charge is eligible, you will need to file a formal request for expungement with the court where the charge was originally filed. Make sure that your case is also paid up for any court costs or fees, as a balance here will keep you from being able to move forward. Once you complete your filing, the judge will decide whether to grant your expungement request.

Do I Have to Wait a Certain Amount of Time to Have a Charge Expunged?

If you were arrested and charged, but you didn’t end up with a conviction, there is no wait time to request that the charge be expunged. This applies to cases where the charge was dismissed, or you were found not guilty. If you were convicted of possession, you have to wait five years after the completion of your sentence to be able to apply for expungement.

Can I Get a Charge Expunged If I Have Other Convictions?

If the charge that you are applying to get expunged is not your only criminal conviction, you cannot have the charge expunged. If you do have past convictions, it is still worth talking to an attorney about what your options may be. Even if you can’t get your record expunged, there may be other legal strategies you can use to try to get your record clear.

Having drug charges on your record can make it feel like you can’t leave the past behind. But clearing your record through expungement is one way to start to move forward. Call 931-236-2711 to speak to a criminal defense attorney about your situation.

An annulment is a legal option for ending a marriage. An annulment completely erases the marriage legally, making it as if you were never married. To be granted an annulment, you have to show that your marriage was invalid. The common grounds for this are that one party represented themselves fraudulently, that one party was not of sound mind to commit to the marriage, or that there was some other legal issue with the marriage, such as not being of legal age or the marriage resulting in bigamy.

Getting an annulment can be an option for ending your marriage, but it is important to understand whether your circumstances qualify for an annulment and how this option differs from divorce. If you are interested in learning more about annulments, contact our law firm.

How Is an Annulment Different From a Divorce?

While both an annulment and a divorce will terminate the marriage, an annulment legally makes it as if the marriage never happened. If you have an annulment, you can legally say that you were never married. This is because to get an annulment, there has to be some legal basis for the marriage to have been invalid from the beginning. Getting an annulment is often quicker than going through the entire divorce process because there are usually not the more complex issues of property division and child custody to deal with.

What Is the Process for Getting an Annulment?

The first step in getting an annulment is filing a legal document called a Complaint for Annulment. You will need to provide certain details on the marriage and give a reason for the annulment request. After the complaint has been filed, a hearing will be scheduled where you will have the opportunity to present your case and show your reasons for why the marriage is invalid and should be annulled. Assuming that the courts agree with you, the marriage will be ordered annulled, and legally, it will be like nothing ever happened.

How Long Does an Annulment Take?

While an annulment is often faster than a divorce, it can still be a complex legal process. Assuming that there are no larger issues such as child custody or property division to deal with, the marriage can be annulled as fast as the hearing can be scheduled. If there are other issues that need to be decided or the other party does not agree to the annulment, it can take several months and even multiple hearings to be settled.

Ensure that you have someone to guide you through the process of getting an annulment by calling our law firm at 931-236-2711. Schedule a free consultation to discuss your case and learn more.

If the parents of a child weren’t married, the mother automatically has full custody until otherwise established with the courts. The father of the child will have no legal custody or visitation rights until he establishes legal paternity and files for custody through the family courts. This is important to understand to avoid acting in a way that could damage your custody case later on.

If you aren’t married to your child’s other parent and you have questions about your parental rights or what to expect from a custody hearing, we can help. Our law firm has experienced family law attorneys who are familiar with these types of cases and can help you fight for your children.

Does Signing the Birth Certificate Give Me Paternal Rights?

Signing the birth certificate does not automatically grant an unmarried father parental rights. While it can help show that the mother at one point recognized that you were the biological father of the child, a father’s parental rights have to be established through the courts if he was not married to the mother of the child at the time of the birth.

How Do I Get Custody and Visitation Rights?

To get custody and visitation rights to your child, you will need to file a petition in the family law courts. The petition should outline that you are the proven biological father of the child, that you want to establish and nurture a relationship with the child, and that having a relationship with you is in the child’s best interests. If the mother disagrees and is not willing to come to a compromise on custody and visitation, the matter will go before a judge who will make the final decision and establish the court orders.

How Do the Courts Establish Paternity?

To establish legal paternity, the father will need to sign a voluntary declaration of paternity or complete a paternity test. If the mother refuses to cooperate, the father may have to petition the courts to order a paternity test and enforce that order to ensure that the child can be tested to determine paternity. Once paternity has been legally established, the father has the basis to file for custody and/or visitation rights through the family courts.

If you are fighting for custody of your children and you weren’t married to the other parent, it’s important to have an attorney by your side who understands what it takes to navigate these types of cases through the courts. Call our law office at 931-236-2711 to get started.

In the state of Tennessee, unmarried fathers do not have any rights to their children until they have been legally established as the father in the family courts. This means that the mother has sole decision-making power as to what happens with the children and when you are allowed to see them. It is up to the father to go through the process of establishing their rights to be able to get things like court-ordered visitation or even joint custody.

If you are a Tennessee father and you are wondering what your rights are, contact our law firm today. It is important to know what you are entitled to and how to pursue those rights through the family court system.

What Rights Do Married Fathers Have?

Married fathers have more inherent rights than unmarried fathers. That is because any child that is born during a marriage is legally assumed to be the child of the husband. That means the father does not have to go through the same process of establishing paternity, which is the first step to pursuing a custody case or visitation rights. Until court-ordered custody has been established and a visitation schedule put in place, married fathers have the same rights to the children as the mothers.

Do the Family Courts Favor the Mother?

It is a common belief that the family courts favor the mother when it comes to child custody cases, and in the past, this was true. Decades ago, mothers were more likely to be the stay-at-home parent or the primary caregiver, which is why they were often awarded more time with the children after a divorce. However, the modern court system recognizes that children need both parents and puts the best interests of the child at the forefront of any decision.

How Do I File for Custody?

If you were never married to the mother of your child, the first step to filing for custody is to establish paternity, either through a voluntary acknowledgment or a court-ordered paternity test. Once that has been established, the process is the same for unmarried fathers as married fathers. You will need to contact a family law attorney to discuss your case and then file the proper paperwork with the family courts to ask for either the establishment of a custody order or a change to an existing order that grants you shared or sole custody of the children.

If you are being kept from your child or are considering a change in custody or visitation, call our office at 931-236-2711 to schedule a free consultation. One of our attorneys can help you understand what your rights are and how to move forward with your case.

Being charged with simple possession means that you are being charged with possession of some type of controlled substance. The difference between simple possession and possession with intent is that simple possession means that the officers believe the substances were only for personal use. Possession with intent means that you are suspected of having the substance on your person with the intent to sell or distribute it to others.

Being charged with possession is a serious matter. Our law firm has a team of experienced criminal defense attorneys who understand how to defend against these types of charges. Call our firm to schedule a free consultation to find out more about how we can help.

What Are the Consequences of Simple Possession?

Simple possession is classified as a misdemeanor for a first and second offense. For a first offense, you can face up to a year in jail and a fine of up to $750. If it is your second offense, the jail time is still up to one year, but the fine increased to up to $850. A third offense changes the simple possession charge from a misdemeanor to a felony, which can mean increased jail time and a larger fine, as well as a felony conviction on your record.

Can I Get a Simple Possession Conviction Expunged?

It is possible to get a simple possession conviction expunged under Tennessee law, but there are some specific guidelines for eligibility. First, you must not have any prior criminal convictions for a simple possession charge to be expunged. Expungements are generally to give people a second chance at a clean slate, so if you already have convictions, you are not eligible for expungement. You also have to have paid all fines and court costs associated with your case and served your sentence, including any probation time. You have to wait five years after your sentence to request an expungement.

Do I Need an Attorney for a Simple Possession Charge?

If your simple possession charge is a misdemeanor, you may think that it isn’t worth it to go through the process of hiring a defense attorney. However, a lawyer can help you better understand the charges against you and may be able to find a way for the charge to be dropped entirely or lowered to a lesser charge. If you’ve already pled guilty or been convicted, an attorney can explain your options for having the charge expunged and what you can do to start moving forward with your life after you’ve served your time.

If you are dealing with a charge of simple possession, reach out to our firm at 931-236-2711. You can schedule a free consultation to find out how we can help in your specific case and what it looks like to partner with our firm.

Domestic assault is the equivalent of a simple assault charge in Tennessee, but it is separated into its own category because of who it involves. For an assault to be charged as domestic assault, it has to occur between a married or cohabitating couple, roommates, those who are related by blood, or parent and child. Domestic assault is charged as a misdemeanor, and if convicted, you could spend up to one year in jail and have to pay a fine of up to $2,500.

Domestic assault charges are very serious, and a conviction of this type on your record can follow you for the rest of your life. Get the representation you need when you call our firm and hire one of our attorneys.

What Is Aggravated Domestic Assault?

Aggravated domestic assault is an assault that takes place between the same parties listed above, but this charge indicates that there was a deadly weapon involved, that the alleged assault included broken bones, or that the defendant choked or stabbed the victim in the process. Aggravated domestic assault charges are much more serious than simple domestic assault charges. Aggravated domestic assault is a felony. It carries a sentence of up to 15 years in prison and a fine of up to $10,000.

Can Domestic Assault Charges Affect My Custody Case?

If you are in the middle of a divorce or custody dispute, being charged with domestic assault can have a significant effect on your case. It can indicate to the courts that you are not able to provide a safe and nurturing environment for your child, and it can mean that you are left with only supervised visitation or no access to your child at all. If you are charged with domestic assault, it’s very important that you tell your attorney about any ongoing custody issues so that they can take steps to help you protect your relationship with your children.

What Should I Do If I’m Arrested for Domestic Assault?

If you have been arrested for domestic assault or aggravated domestic assault, contact a criminal defense attorney as soon as possible. There may be options for getting the charges dropped or reduced, and the sooner a lawyer is involved and representing you, the better. Tell your attorney everything that happened before, during, and after the alleged incident so that they have a clear understanding of the events and can start formulating a defense strategy.

Make sure that you have someone on your side and fighting for your rights when you hire one of our attorneys. Call 931-236-2711 to get started by scheduling a free consultation.

Enlisted soldiers have access to a number of resources on base, including legal assistance. Because of this, service members often assume that the military will provide them with an attorney if they run into legal issues. You need to know that the military will not cover attorney’s fees for soldiers, except under very specific circumstances.

Our legal team detailed a few of the most common scenarios we see in the descriptions below.

So, When Will the Military Cover Attorney’s Fees?

If you encounter a legal issue off post

If you’re arrested off post, the military will not cover your legal fees. You need to hire your own attorney. Soldiers don’t usually qualify for public defenders, so you will have to retain a criminal defense attorney for yourself. The military will not cover expenses or legal fees related to off-post legal matters.

The same goes for Family Law cases like divorce or custody matters. While some of these cases can technically be handled pro se (without a lawyer), legal matters can get complicated for military families. See our articles on military divorce matters and child custody for more information.

**We suggest booking a free consultation with an attorney before trying to start any legal process on your own.

If you get arrested on post

If you’re arrested on post, the military will very rarely cover your legal fees. The military courts, like civilian courts, do have a public defender system. However, most of the time you will be required to hire your own attorney. In other words, don’t rely on the military’s public defender system. Be proactive and schedule a consultation with an attorney.

**Check out our blog post on choosing the right defense attorney for additional insight.

If you are charged with a court-martial

Court-martials are the exception. The military can provide you with an attorney (a JAG lawyer) under these circumstances. You may also choose to hire a private attorney, or you can choose to have both a JAG lawyer and a private attorney. However, keep in mind that the military will only cover fees for a military (JAG) lawyer in these cases.

**Our firm is one of just a few local law firms qualified to represent defendants in Court-Martials. Should you choose to hire a private attorney, you can certainly book a free consult with our firm.

Some Final Thoughts & Resources Related To Legal Representation for Active Duty Soldiers:

Bottom Line: If you run into legal issues as an active duty soldier, you will need to retain your own attorney. Court-martials are the only exception. Although attorney’s fees are not covered by the military, there are a number of legal services they do provide. The American Bar Association has a detailed overview of the services that are covered by Military Legal Assistance.

If you or your loved one are in need of legal representation in a criminal defense or family matter, reach out to us today.

For additional updates and information on our local court, their departments, as well as our elected officials, visit the Montgomery County Circuit Court Clerk website.

An expungement is a court-ordered process in which the legal record of an arrest or criminal conviction is “sealed” or erased in the eyes of the law. Most people think that when their case has been dismissed or the State has chosen not to prosecute that their record will be clean of those charges. However, if someone was to do a background check on you these charges could still reflect on your record that you were once charged with a crime. This situation could possibly prevent you from obtaining employment, renting an apartment, or cause other problems.

What type of charges are eligible to be expunged? Any and all charges that have been dismissed, “nolle prosequi,” or “retired” can be expunged. In certain cases convictions can now also be expunged in Tennessee. Tennessee Code Annotated § 40-32-101 (g) governs which convictions are eligible for expungement. Typically these charges cannot be DUI related, sexual crime related, or violent crime related. You will find that most misdemeanor crimes and some E felonies are eligible. For crimes that are eligible to be expunged the following conditions must also be met:

• You must have no other convictions other than the one you wish to have expunged;
• You must have completed all terms of your sentencing, including having paid all fines, fees, and assessments;
• You must have remained free of alcohol or substance abuse for one year;
• At least five years must have passed from the completion of your sentence to the time of filing for expungement;
• A fee must be paid to the Court Clerk upon filing of your Petition for Expungement (**The current fee in Tennessee is $450.00 but is subject to change at the Court’s discretion).

Retain the services of Hibbeler and Associates to complete your expungement today! We know Tennessee laws and Court procedures and will submit your expungement immediately!

Short Answer: Absolutely. The judge will not punish you for being active duty. And a good attorney will have the experience and foresight necessary to fight for primary or sole custody on your behalf. Our attorneys recognize the demands of military service, but your service should not affect your rights to your child.

What Will The Judge Consider When Determining Custody?

If both parties can come to an agreement on who gets primary custody, you can avoid a trial. However, if there is a disagreement about custody, then the case will likely go to court. Once in court, the judge refers to a list of “Best Interest Factors” to determine which parent gets primary custody.

“Best Interest Factors” are listed under Tennessee code 36-6-106. These factors consist of items like “the stability of the family unit” and “the love, affection, and emotional ties existing between the parents or caregivers and the child.” The court uses the items on this list to determine custody, and you will want a strong lawyer prepared to fight for you.

What Can My Lawyer Do About It?

Your trusted family law counsel will gather comprehensive information about your circumstances, your relationship with the other parent, and your child. They will then use this information to tailor your case according to the Best Interest Factors mentioned above.

**First consults are usually free of charge (a bit of good news). Our office offers free consultations for all family matters (even better news!). Get more info on our attorneys here.

Some Final Thoughts & Resources Related To Getting Primary or Sole Custody As A Military Parent:

Bottom Line: Your military service should not impact your ability to obtain primary or sole custody. Our attorneys have clients that are both active duty and primary caregivers, so it is certainly possible. The best next step is to book a consultation with a family lawyer to get a better understanding of your case.

If you or your loved one are in need of legal representation in a criminal defense or family matter, reach out to us today.

For additional updates and information on our local court, their departments, as well as our elected officials, visit the Montgomery County Circuit Court Clerk website.