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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.

There are over 6,000 DUI citations issued every year in the state of Tennessee. We all try to be responsible, and we hope our loved ones make the right choices too. But bad decisions happen, and driving under the influence is (unfortunately) a pretty common one. If you’re dealing with a DUI citation, you’ve likely found yourself wondering if it’s worth it to hire a private attorney. Maybe you don’t understand the legal process, and you’re worried about the cost of legal services. These concerns are normal. It is for this reason that our legal team decided to put this post together. In it, we will provide information to help you determine whether or not you should hire a private attorney for a DUI charge.

To Hire Or Not To Hire–That Is The Question.

Bottom line: You will get a more comprehensive approach to your case from an attorney you’re paying than you will from an attorney that you don’t. This may seem obvious, but it’s something that needs to be emphasized early on. You’re weighing the financial cost of legal fees against the personal cost of your case getting mishandled. It’s a difficult thing to do! First and foremost, you need to understand the process:

So You’ve Been Charged With A DUI. Now What?

After getting charged and arrested for a DUI, most people make bond within 48 hours. Then you receive an appearance date. If you hire a private attorney, the attorney will navigate this process on your behalf. They will request necessary evidence and work with the court to potentially get the charges reduced or dismissed. In order to stay informed and ensure you’re getting the best representation, you need to work with a lawyer that communicates with you and prioritizes your case. All attorneys are busy, but good lawyers have knowledgeable paralegals that can assist you when they’re in court.

You See Our Point, But What About The Cost?

Private attorneys = more comprehensive assistance. Cool. But you’re still having trouble determining whether hiring a private attorney over a court-appointed lawyer is worth the cost. We get it–finances are always a factor in these decisions. The best next step is booking a free consult with an attorney. It’s nearly impossible to attach a price tag to your case without meeting with an attorney first. There are so many factors that influence how your case will proceed and what casework is required. Promising a price before understanding your unique case is a no-go.

Take advantage of your free consult to gather information on your case. Only then can you figure out payment plans and cost of service.

Some Final Thoughts & Resources Related to Hiring A Private Attorney For A DUI/DWI:

Once you book that appointment, you can rest assured that you will get all the information you need on how the legal process works and what possibilities are available for your unique situation. For more info on how to choose the right defense attorney, check out our other blog post, “Choosing The Right Defense Attorney,” filed under the Legal Blog tab.

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.

Have you ever been in trouble before and made a potentially life altering mistake? Worried about a black mark on your record? Take a deep breath. Tennessee allows first time offenders (citizens who have never pled guilty to or been convicted of a crime) to resolve their charges with specialized probationary periods called diversions. Upon successful completion of probation, the charge may be dismissed and expunged from the defendant’s record.

What is a Diversion?

A diversion is a special type of disposition for criminal charges generally reserved for first time offenders which allows defendants to maintain an unblemished record.

There are two types: Pre-Trial Diversion (TCA § 40-15-105) and Judicial Diversion (TCA § 40-35-313). A Pre-Trial diversion is exactly as it sounds. Defendants preemptively agree to the terms of diversionary probation prior to entering a plea or standing trial. If the probationary period is not completed a defendant would still be entitled to all of the rights they would have been had they not entered into the diversion i.e. plea bargaining or standing trial. If it is completed satisfactorily, then the charges are dismissed and may be expunged from the defendant’s record.

Conversely, a Judicial Diversion in Tennese begins after a defendant pleads guilty to the charge. However, entry of the plea is suspended, pending the outcome of the probationary period. If the probationary period is completed, the charge is dismissed and the plea is never entered. Just like a Pretrial Diversion the charge may be expunged from a defendant’s record. However, if a defendant does not comply with the terms of probation for the period agreed upon, the guilty plea is automatically entered against the defendant. Consequently, failure to comply with the terms of probation in a judicial diversion in TN means that defendant would have no right to a trial since the guilty plea is automatically entered.

So what’s so special about Pretrial and Judicial Diversions? Even if you are guilty, the charges against you can be dismissed and expunged from your record! Diversions are typically the best option for eligible defendants. Diversions are the closest thing to a real world “Get Out of Jail Free” card.

Not all charges may be diverted, the following are ineligible:

-Judicial Diversion-

• Any Class A or B Felony
• Elder Abuse and Neglect
• Abuse and Neglect of an Impaired Adult
• Driving Under the Influence
• Vehicular Assault (if related to DUI)
• Any Sexual Offense (Aggravated Rape, Rape, Aggravated Sexual Battery, Sexual Battery by Authority Figure, Statutory Rape by Authority Figure, Aggravated Prostitution, Sexual Exploitation of a Minor, Rape of a Child)

-Pretrial Diversion-

• Any felony offense
• Driving Under the Influence
• Domestic Assault
• Child Abuse, Neglect, or Endangerment
• Any Sexual Offense (Sexual Battery, Statutory Rape, Indecent Exposure, Prostitution, Patronizing Prostitution, Promoting Prostitution, Aggravated Prostitution, Sexual Battery by Authority Figure, Solicitation of a Minor, Soliciting Sexual Exploitation of a Minor/Electronic, Sexual Contact by Authority Figure)

If you have been charged with a criminal offense and want to know whether a diversion is an option for you, give our Montgomery criminal lawyers a call.

Are you a military spouse or active duty? See our blog on Military Divorce in Clarksville, TN

If you are in the process of getting a divorce or simply considering one, then you have likely thought a lot about how it will impact your financial situation. Whether you’re considered the dependent spouse or the supporting spouse, alimony (and temporary spousal support) is something you need to think about. So, how does alimony work in a divorce in Tennessee? Let’s start with the basics.

A couple items we would like to highlight first:

Unlike child support, there is no certain numerical formula to calculate how much alimony you will receive or be required to pay. Per Tennessee State Law, the Divorce Court will consider the following factors when determining alimony:

• Ability to pay
• The duration of the marriage
• The age of the parties
• The physical and emotional health of the parties
• The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living
• The earning capacities of the parties
• The educational levels & vocational skills of the parties
• The employability of the parties
• Marital misconduct
• The length of absence from the job market
• The custodial responsibilities of the party seeking alimony
• The time & expense necessary for the party seeking alimony to acquire sufficient education or training in order to find appropriate employment
• The opportunity for future acquisitions of capital assets and income
• The history of the non-financial contributions to the marriage by each party, including:
  • Contributions to the care and education of the children
  • Interruption of personal careers and/or educational opportunities
• The history of financial contributions to the marriage by each party, including:
  • Contributions to the care and education of the children
  • Interruption of personal careers and/or educational opportunities
• The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable
• Any other factors which the court may deem relevant

There are 4 types of alimony in the state of Tennessee:

1. Periodic Alimony (Alimony in Futuro): this is long-term support for the dependent spouse, and it is often permanent.
2. Lump-Sum Alimony (Alimony in Solido): this type of support is usually paid in a lump sum once the divorce is finalized or paid out in installments set to expire at a certain time.
3. Rehabilitative Alimony: this type of alimony is considered short-term, and it’s designed to enable the disadvantaged spouse to become more self-sufficient–through education, job training, etc. Rehabilitative Alimony tends to be preferred by Tennessee courts.
4. Transitional Alimony: this is another form of short-term alimony. It’s typically awarded when an otherwise self-sufficient spouse needs financial assistance to maintain the household while they adjust to the loss of a second income.

For additional information, see ​​Tennessee Code Title 36. Domestic Relations § 36-5-121.

In addition to these four types of alimony, there is also something called Temporary Spousal Support (or pendente lite support). Temporary support is typically paid out as long as the divorce is pending. So if you’re worried about your financial circumstances or the length of time your divorce may take, then you need to consider this possibility as well.

Receiving (or avoiding) alimony in Tennessee:

The bottom line? If one party has a need and the other has the ability to pay, then the court will consider requiring alimony to be paid. However, alimony is not required by the state of Tennessee. In order to get the results you need, it is essential that the attorney representing you has experience working with divorce cases and knows how to navigate temporary and/or long-term support. Likewise, if you’re the spouse that may be expected to pay alimony, then you need someone in your corner to make a case on your behalf.

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.

Hibbeler & Associates Take On Felony Cases in Clarksville

At Hibbeler & Associates, our skilled team of lawyers are dedicated to helping clients in Clarksville and surrounding communities overcome their criminal charges. We believe that everyone deserves a strong advocate in their corner, which is why our lawyers will use all of their knowledge and experience to preserve your legal rights and help you obtain a fair case result.

In fact, our attorney, Tyler Howard, recently took on the high-profile case of Deangelo Berry, a man who was charged for first-degree murder. When it comes to serious felony charges like those faced by our client, it is important to secure competent and experienced legal representation that is willing to pursue justice from every angle.

To learn more information about Mr. Berry’s case, click here: https://www.theleafchronicle.com/story/news/2018/07/17/two-take-plea-deals-and-testify-against-third-2016-slaying/791330002/

Criminal Defense Experience You Can Count On

Our lawyers have more than 15 years of combined experience and are licensed to defend clients accused of serious felony crimes in State, Federal, and Military Courts. Our team of legal professionals have effectively defended clients in court who were accused of the following felony crimes:

• Murder
• Aggravated Rape
• Sexual Assault
• Aggravated Burglary
• Sex Crimes
• Drug Crimes
• Domestic Assault

If you are facing serious criminal charges, you should call (931) 563-9057 to discuss the details of your case with our Clarksville felony defense lawyers.

Speak to Our Criminal Defense Attorneys Today

Have you been accused of a felony crime? Do you need guidance from a skilled lawyer who is familiar with serious criminal cases? If so, you should contact our attorneys at Hibbeler & Associates to get started building your defense today. Our trial attorneys will assess your situation and develop a legal strategy that will produce the best possible outcome. Let us use our skills and resources to defend your rights and interests. No matter what you have been accused of, we are prepared to fight for you.

Call (931) 563-9057 to schedule a free consultation with our Montgomery County criminal lawyers today.