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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.

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.