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Child custody cases can be complicated–and highly stressful. Unfortunately, there’s not a one-size-fits-all resolution for custody disputes. Whether your custody case is the result of divorce, a DCS investigation, or other circumstances, it is imperative that you submit the correct paperwork the first time. So, do you need a lawyer for a child custody case? Let’s discuss.

What Affects Your Custody Case?

There are a lot of factors that influence custody case proceedings:

• Are you married to the other parent?
• Were you ever married to the other parent?
• Has paternity been established? (If Unmarried)
• Is there a current Parenting Plan in place?
• Are you looking to modify a current plan?

The judge will also consider the “Child Custody Factors” identified in TN Code 36-6-106. There are 15 Child Custody Factors total. If you’d like a breakdown of these factors, you can reach out to our firm today to set up a free consult with one of our attorneys.

Okay, But Where Does A Lawyer Come In?

Without an attorney, it isn’t uncommon for custody cases to get all the way to court just to get thrown out for a technicality. If you find yourself in this situation, the judge will likely advise you to hire an attorney and start the entire process over. This can prolong an already difficult process for you and your family. Plus, re-submitting paperwork means additional service fees and processing expenses.

Our attorneys have worked with a number of clients that originally began the custody process on their own. Custody cases have a way of amplifying complicated family dynamics, and it’s helpful to have an advocate in your corner. The money you hope to save by trudging through the legal process alone simply isn’t worth the potential repercussions.

So, do you need a lawyer for child custody? Not necessarily. Should you retain a lawyer for custody? We highly suggest that you do.

Some Final Thoughts & Resources Related To Custody Matters:

At the end of the day, hiring an attorney that will ensure the casework is handled correctly the first time is your best bet. Our attorneys have assisted in countless custody cases involving one or both of the parents, including adoptive parents. They also have experience working with parents that are active duty. The best next step is to book a consultation with a compassionate attorney for family issues 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.

A new Order issued by the Tennessee Supreme Court enables local courts to implement additional Covid-19 measures as needed. Although such mandates are not required, this Order does give judges the discretion to require items like face coverings in the courtroom. It also stipulates that judges cannot require anyone that has tested positive for Covid-19 to appear in person. Virtual proceedings will continue to be an option.

We suggest contacting your attorney’s office prior to all pending court dates to verify details related to current case proceedings. Legal staff will do their best to update clients as information becomes available, but it is always best to play it safe when it comes to legal matters. As always, we will continue to post crucial updates to both our blog and Facebook page.

Are you a current client? Don’t hesitate to contact our office directly with any questions or concerns. Are you or someone you love in need of legal representation for 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.

UPDATE 9/10/2021: The Montgomery County Courthouse has temporarily reinstated the mask mandate. Be sure to have a face covering with you if you have to attend court in person. We will update our followers if anything else changes.

A new Order issued by the Tennessee Supreme Court enables local courts to implement additional Covid-19 measures as needed. Although such mandates are not required, this Order does give judges the discretion to require items like face coverings in the courtroom. It also stipulates that judges cannot require anyone that has tested positive for Covid-19 to appear in person. Virtual proceedings will continue to be an option.

We suggest contacting your attorney’s office prior to all pending court dates to verify details related to current case proceedings. Legal staff will do their best to update clients as information becomes available, but it is always best to play it safe when it comes to legal matters. As always, we will continue to post crucial updates to both our blog and Facebook page.

Are you a current client? Don’t hesitate to contact our office directly with any questions or concerns. Are you or someone you love in need of legal representation for 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.

On May 14, 2021, the Tennessee Supreme Court updated Covid-19 court proceedings. Consult your attorney for specifics on how these policies might impact case proceedings in your county. Certain procedures and mandates are still at the discretion of the judge assigned to your case. See below for details, or review the legal document here.

According to a report published by the Tennessee Bar Association:

“The Tennessee Supreme Court today issued an order to further loosen COVID-19 restrictions on in-person proceedings. Masks are now optional for those coming in-person to court, the order to stay six feet apart has been reduced to three feet and courtroom capacity requirements have been lifted, effective immediately. Judicial districts and judges still have the discretion to limit the number of people in a courtroom and compliance with current CDC guidelines is still encouraged. The order also states that courts not already doing so, should begin utilizing technology to avoid in-person proceedings. Read more from the Administrative Office of the Courts.”

If you are a client with our firm, don’t hesitate to contact our office directly with any questions or concerns.

Since Covid-19 hit, Domestic Assault cases have risen. A Domestic Assault is like a regular assault, except there is a relationship between the accused and the alleged victim. This could include spouses, roommates, relatives, etc. Our legal team put together the following post detailing recent changes to Domestic Assault case proceedings during Covid-19.

A detailed legal definition of Domestic Assault can be found in TCA 36-13-111.

Domestic Assault Charge vs. Regular Assault Charge

A Domestic Assault is a Class-A misdemeanor which comes with a maximum punishment of eleven months and twenty-nine days incarceration. However, there are some additional problems that come with a Domestic Assault charge as opposed to a general assault:

1. A person convicted of Domestic Assault may never own or possess a firearm. This is a major problem for persons whose career requires them to carry a firearm–such a soldiers, law enforcement, or security.
2. A person charged with Domestic Assault will have Conditions of Release upon bonding out of jail. Your Conditions of Release will mandate different things. For example, you may not contact the victim or go to their residence, or you may not be able to carry a firearm. These conditions are especially problematic if they prevent you from going to your own home.

Hiring solid representation is the best chance you have to get your charges reduced or avoid a conviction. Check out one of our other posts for tips on selecting the right defense attorney. You can also book a consult with one of our attorneys today for a free case evaluation.

Amending Your Conditions Of Release | Why You Need An Attorney

Despite the pandemic, Conditions of Release cannot be amended to allow you to go home or contact the alleged victim without an attorney. Even with an attorney, there are specific requirements that need to be met to get a modification approved. As if this wasn’t complicated enough, Covid-19 restrictions dictate that everything be done through paperwork instead of in person.

Additionally, judges will not grant motions filed by a Pro Se litigant (someone representing himself/herself). In other words, if you try to file the paperwork without a lawyer, then your motion will be denied. Judges want an attorney’s assurance that the Amended Conditions of Release, if granted, and the new bond amount will be read to the Defendant. Without an attorney’s assurance, the judge will not grant amendments to your Conditions of Release.

Bottom line: you need a lawyer.

What If I Miss My Court Date During Covid-19?

Under normal circumstances, you would file a Blue Motion. A Blue Motion is the court system equivalent to providing a note at school when you miss class. (Whether teachers or judges are more strict is still up for debate.) Essentially, you need to ask the court for forgiveness and request a new deadline by providing a legitimate excuse for your absence. Without a Blue Motion, the Court will likely issue a capias for your arrest (a warrant). If you are arrested, you will have to bond out of jail ($$) or remain there until your next court date. Once a judge grants a Blue Motion, they will recall the Capias (warrant), and the court will provide you with a new date. However, because the court is not allowing Pro Se motions (including Blue Motions), you will need an attorney to file one of these motions on your behalf.

Some Final Thoughts & Resources Related to Domestic Assault Charges:

Visit our Domestic Assault page for additional information on Domestic Assault charges. If you still have questions or concerns about Domestic Assault case proceedings during Covid, contact our office. Stop trudging through search results. The Hibbeler paralegal staff is readily available to provide updated information as needed. Our attorneys have 20+ years collective experience, and they are prepared to defend and support you in all things related to Domestic Assault charges.

As always, if you or your loved one need 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.

In compliance with Tennessee Supreme Court Orders, the Circuit Courts of Montgomery and Robertson Counties have limited in-person hearings to constitutionally required hearings of incarcerated defendants during this time. Our legal team developed the following post to expand on Montgomery & Robertson County court proceedings for specific case matters.

How Criminal Proceedings Will Be Handled In The Meantime

The Judges of the 19^th Judicial district have created procedures for accepting settlement agreements remotely. We can still help you settle any outstanding criminal matters if you are willing and able to sign:

1. A plea petition
2. Any ancillary documents associated with a plea
3. A waiver of an in-person hearing prior to your court date.

If you have an arraignment set, we can have you sign a waiver of arraignment, enter a notice of appearance on your behalf, and get to work on your case. We will either settle it remotely or set it for a trial and begin preparing when this public health crisis has ended.

What If You Have A Loved One That’s Currently Incarcerated?

If you have a friend or family member who is currently incarcerated, the courts are doing everything they can to move those cases forward as usual. So for any new arrests, call us. We can either resolve those cases or negotiate a bond reduction until such time that those matters can be resolved. There is no reason for your loved ones to remain incarcerated during this crisis. Give us a call so we can help them out.

Domestic Assault Case | Court Proceedings

IF you have been charged with Domestic assault and due to conditions of release are unable to return home, let us know. Special procedures have been put in place to have these motions heard without the presence of the parties in court, but some extra paperwork must be prepared ahead of time. Call us as soon as possible so we can get you back in your home.

Juvenile Case | Court Proceedings

If you have a juvenile who has been detained due to a delinquency charge, those cases are moving forward as well through remote hearings. Hiring an attorney who can contact the Youth Services Officers and get to work on your case immediately can get your child home as soon as possible.

Some Final Thoughts & Resources Related to Montgomery & Robertson County Court Proceedings During Covid-19:

If you have additional questions or concerns about Montgomery & Robertson county court proceedings during Covid-19, give our office a call. The Hibbeler paralegal staff is readily available to provide updated information as needed. Stop trudging through search results. As always, if you or your loved one need 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.

Mistakes happen. No use berating yourself (or someone else) for a choice or error you can’t change. It’s time for you to shift into problem-solving mode. Missed court dates can get sticky, so our legal team put together this post to explain what happens when you miss a court date–and what you should do to fix it:

What Happens When You Miss A Court Date?

1. The court will issue what is called a “capias.” In other words, they will put out a warrant for your arrest. This essentially means all officers in that county will be tasked with arresting you & bringing you into court.

2. Top priority: filing a “Blue Motion” to recall the capias (have the judge rescind the order to arrest you). A Blue Motion is the court system equivalent to providing a note at school when you miss class. (Whether teachers or judges are more strict is still up for debate.) Essentially, you need to ask the court for forgiveness and request a new deadline by providing a legitimate excuse for your absence. This is accomplished through your attorney.

Okay, Point Taken. Now What Should You Do?

1. Hire an attorney! You need someone in your corner that is equipped with the knowledge and foresight necessary to navigate mistakes like missing a court date. Check out our blog post on choosing the right defense attorney for tips.

2. Once the motion is filed, your attorney will work with the court to get the date reset. Problem solved!

Some Final Thoughts & Resources Related to Missed Court Dates:

You missed a court date, but it’s not the end of the world! The important thing is that you take the right steps to get out of your predicament. Still feeling overwhelmed or unsure? Call our office and schedule a free consultation with one of our attorneys. If you’ve got questions, they’ve got answers.

As always, if you or your loved one need 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.

Criminal Defense, Legal Tips

The short answer is absolutely not! Most people think, “since I did not do what I have been accused of, there should be no problem with me going to C.I.D. and telling my side of the story.” The truth is that you might be making one of the biggest mistakes of your life. This post will address what you should do when facing criminal charges as a soldier–and what could happen if you talk.

You’re Facing Accusations. What Happens Next?

What you will find out after hours (six to eight hours seem to be the average) of being interrogated is that C.I.D. are on a mission to make you confess. Everything you do and say will be used against you, and at times even twisted out of context to fit the “truth” according to them. You will find yourself being intimidated and called names. You might have your faith or morals questioned, all the while being told the consequences of what can happen to you if you do not “cooperate.” And by cooperate, they mean confess.

During my time as an attorney, absolutely nothing positive has come from a client that has been interviewed with C.I.D. Never in my experience has C.I.D. determined that the alleged victim was being untruthful and let the accused go about their life. Never has C.I.D. used their investigative resources to exonerate the accused. It is all a fact-finding expedition to further the goal of finding you guilty.

What If You Give C.I.D. A Statement Before Hiring An Attorney?

One of the toughest hurdles in the defense of a court martial is when the accused has given a statement to C.I.D. before they have hired an attorney. These statements might include confessions, partial confessions, false confessions–coerced or otherwise. And many times, the statements are taken out of context.

For example, the accused states “I made some bad decisions, and I regret that night.” What was being communicated referred to drinking and being put in this position of being accused. However, quite frequently something like this statement is portrayed by C.I.D. to relate to the crime you were accused of. The environment and the way these interviews are conducted also cause false confessions.

For more info on false confessions: False confessions, new data and law enforcement interrogations: Research findings

What Should You Do If You’re Taken To The C.I.D. offices?

Be polite, invoke your right to remain silent, and request an attorney. Do not waive these rights. Some people think it looks “shady” to not cooperate and “lawyer up!” Do yourself a favor and exercise these very important rights.

Facing criminal charges as a soldier can get complicated fast. Before you talk to C.I.D., book a free consult with a compassionate attorney for criminal accusations. Call today: 931-236-2711