Evans Bulloch Parker PLLCMurfreesboro Tennessee Attorneys | Criminal Defense Lawyers2024-03-13T09:26:03Zhttps://www.bfhelaw.com/feed/atom/WordPress/wp-content/uploads/sites/1501177/2022/05/cropped-favicon-32x32.pngOn Behalf of Evans Bulloch Parker PLLChttps://www.bfhelaw.com/?p=514442024-03-13T09:26:03Z2024-03-13T09:25:18ZSuch agreements are helpful in distributing the couple’s assets if the new marriage ends in divorce, but some pre-nups turn out to be grossly unfair toward one of the parties.
If this unfairness is discovered after the agreement has endured for several years, the party who suffers from the unfairness often seeks a way out. Fortunately, in Tennessee, the state provides several methods of escaping from an unfair pre-nup.
Failure to follow the formalities
In Tennessee, a pre-nup cannot be enforced if it has not been reduced to writing or was not signed by both parties prior to the wedding. Similarly, a pre-nup can be invalidated if the party against whom enforcement is sought did not read the agreement before signing it.
Also, the agreement will be declared invalided if the party against whom enforcement is sought did not have the opportunity to obtain review of the agreement by a knowledgeable attorney before signing the document.
Unfairness
This ground provides the most hope for the party seeking to defeat enforcement of the pre-nup.
If the agreement is found to be unconscionable in its treatment of one of the parties, most judges will declare the agreement to be invalid. In the context of a pre-nup agreement, the word “unconscionable” usually means “extremely unreasonable” to one party or unacceptably offensive to public policy.
If the party seeking to enforce the agreement did not make a complete disclosure of assets and liabilities before the agreement was signed, or made statements about assets that were false, a court is very unlikely to grant that party’s request for enforcement.
An experienced divorce attorney should be consulted before undertaking a challenge to a pre-nuptial agreement.
]]>On Behalf of Evans Bulloch Parker PLLChttps://www.bfhelaw.com/?p=514432024-03-04T18:57:05Z2024-02-29T18:55:52Zpersonal property subject to equitable distribution in divorce proceedings. This can significantly impact how expensive animals are split during your divorce.
Equitable distribution
Equitable distribution means fair division, not an equal division. The court considers factors like the duration of the marriage, each spouse’s contribution to the property, economic circumstances, tax consequences and any other relevant factor.
Animals as personal property
As personal property, pets are subject to the same considerations as any other asset. However, the unique nature of pets raises additional considerations for the court, such as who purchased or adopted the pet, who took or has taken primary caretaker responsibilities, each spouse’s financial contributions for the pet’s expenses, the available time and space for pet care, emotional attachments and the potential impact of the divorce on the pet’s well-being.
Taking the decision from the court
Couples have the option to reach a mutual agreement on pet custody to avoid a court battle. Such agreements may involve sole ownership with visitation rights, joint ownership with alternating residence or even selling or rehoming the pet with proceeds or value division. When spouses agree, they can include their arrangement in the marital settlement agreement for court approval, which is typically honored unless deemed unfair or against public policy.
Litigation
However, if spouses cannot agree on pet custody, the court will decide based on equitable distribution factors, considering both practical and emotional aspects of pet ownership. Despite the emotional bond, the court treats pets as property and its decision is final, unless a legal or factual error can be demonstrated to make the court’s decision appealable.]]>On Behalf of Evans Bulloch Parker PLLChttps://www.bfhelaw.com/?p=514422024-02-22T19:49:54Z2024-02-22T19:49:54ZSecondary factors can worsen pending charges
If state prosecutors want to bring the most severe charges against someone, they tend to look very carefully at the evidence that they currently have. Certain factors might justify the decision to charge someone with a trafficking offense instead of possession.
For example, perhaps police officers found drugs during the search of someone's vehicle. If they get caught right by the border of the state or admit to having crossed state lines, that could potentially be enough to justify claims of drug trafficking. Other times, it may be secondary items that law enforcement officers signed while searching someone's property. Specifically, scales used to weigh drugs and containers for repackaging them can make it seem as though someone intended to distribute the drugs in their possession to others.
Occasionally, an individual's personal history could lead to the state viewing their drug possession more suspiciously. An individual with a prior record of drug trafficking or close connections to individuals with a known involvement in the drug trade could also sometimes face more serious charges. Someone's text messages and social media use could also raise questions about what they actually intended to do with the drugs in their possession.
What trafficking charges mean for a defendant
Drug trafficking is a significantly more serious offense than simple possession. People typically face felony charges when accused of trafficking and a host of major penalties if they plead guilty or get convicted. However, when the state only has circumstantial evidence backing its claims of trafficking, the person accused may also have a better chance of fighting back against the charges that they face.
Mounting a vigorous defense is often the best choice possible for someone accused of drug trafficking because the police claim to have found drugs in their possession. Seeking informed legal guidance is a good way to get started.]]>On Behalf of Evans Bulloch Parker PLLChttps://www.bfhelaw.com/?p=514412024-02-15T18:28:30Z2024-02-15T18:28:30ZState versus federal drug laws
Both Tennessee and the federal government enforce laws prohibiting drug-related activities, classifying controlled substances based on their abuse potential and medical utility. While our state aligns with the federal Controlled Substance Act for most classifications, disparities exist, such as Tennessee having separate schedules for marijuana and butyl nitrate.
Penalties for drug offenses vary based on the schedule, quantity and nature of the offense. Generally, federal penalties are more severe, particularly for large-scale trafficking or distribution, carrying mandatory minimum sentences ranging from 5 to 40 years.
Triggers for federal jurisdiction
Several situations may prompt federal involvement in a drug offense in Tennessee. First, being apprehended by federal agencies like the DEA, FBI or ATF will usually prompt federal charges. Being taken into custody on federal grounds, such as national parks, military bases or airports will also likely qualify.
Participation in larger investigations spanning multiple states or countries, involving cartels or smuggling rings will often escalate from state-level charges to federal. So to will being apprehended with a substantial amount of drugs surpassing federal thresholds. For instance, exceeding 5 kilograms of cocaine, 1 kilogram of heroin, 100 grams of fentanyl or 50 grams of methamphetamine can lead to federal charges.
Similarly, being arrested with a firearm or other weapon in connection with a drug offense can lead to federal charges. As can being arrested with evidence of money laundering, tax evasion or other financial crimes related to drug activities.
Conclusion
Understanding these scenarios can help individuals comprehend when Tennessee drug charges may escalate to federal criminal charges. If this does happen, developing a strategic defense when facing such serious allegations and charges is imperative.]]>On Behalf of Evans Bulloch Parker PLLChttps://www.bfhelaw.com/?p=514402024-02-05T23:18:36Z2024-02-05T23:18:36Zbehaviors can indicate a partner's inclination toward ending the relationship.
Understanding these signs can help you prepare for divorce if there’s no hope of restoring the relationship.
Decreased communication
A significant reduction in communication can be a telling sign of marital distress. If your spouse is less interested in sharing thoughts, feelings or daily experiences, it may indicate they are withdrawing from the relationship. This distancing can manifest as avoiding discussions about plans or showing disinterest in conversations that were once enjoyable or meaningful.
Avoiding time together
Spending quality time together is a cornerstone of a healthy relationship. If your spouse is increasingly making plans that exclude you or showing a preference for spending time alone or with others, it could signal a deeper issue. This behavior may suggest they are distancing themselves and finding solace or fulfillment outside the marital relationship.
Lack of conflict resolution
In any marriage, conflict is inevitable, but the willingness to resolve disputes is essential for a healthy relationship. If your spouse seems indifferent to resolving disagreements, showing a lack of interest in finding common ground or discussing problems, it could be a sign they have one foot out the door. This detachment from the conflict resolution process may suggest they no longer see the value in investing effort to mend the relationship.
Increased focus on appearance
While taking care of one's appearance is generally positive, a sudden and intense focus on looking better can sometimes indicate preparation for a new beginning. If your spouse suddenly invests a lot of time and effort into their appearance, it could be a sign they are contemplating a life change that involves leaving the marriage.
Emotional distance and indifference
When a spouse becomes indifferent to activities, decisions or aspects of life that used to bring joy or require collaboration, it signals a withdrawal from the relationship. This indifference can manifest in a lack of empathy, disinterest in your well-being or an absence of emotional support.
It’s best to protect yourself if you think your marriage is heading toward divorce. Exploring the legal options you have available to you may help you to develop a strategy for dealing with the end of your marriage in a proactive, healthy way.]]>On Behalf of Evans Bulloch Parker PLLChttps://www.bfhelaw.com/?p=514392024-01-30T12:20:06Z2024-01-30T12:20:06ZHow depositions could help your federal criminal case
Depositions, the process of taking sworn testimony outside of court and before trial, can be a powerful tool. Depending on the facts of your case, they may allow you to do the following:
File a motion in limine to block a witness from testifying against you when they fail to appear at a deposition despite being subpoenaed to do so.
Discover what information a witness possesses and how they came to know it.
Pin them down on their testimony so that you can highlight any inconsistent statements that they’ve made.
Gather information about the witness’s background and history, which you might be able to use to attack their credibility at trial.
While a strong deposition can be a strong weapon that gives you an edge at trial, it’s only as effective as you are in preparing and carrying out the deposition. So, before engaging in this process, make sure you understand it and how to utilize it to your advantage.
Leave no stone unturned in your federal criminal defense
With your future on the line, you need to craft an aggressive and persuasive criminal defense strategy. Your tactics also need to be well thought out and comprehensive. Otherwise, you could miss key defense opportunities.
If you’re ready to start building your federal criminal defense, then now is the time to get to work learning as much as you can about the process.
]]>On Behalf of Evans Bulloch Parker PLLChttps://www.bfhelaw.com/?p=514332024-01-18T20:58:06Z2024-01-18T20:58:06Zproperty division, and must be divided in a way that meets state guidelines of fairness.
However, not all segments of retirement accounts qualify as marital property; only the portion amassed during the marriage is subject to division. Any funds accrued before the union or after separation remain the separate property of the owning spouse.
Retirement accounts, generally
There are many types of retirement accounts, including pensions, 401(k)s, IRAs and government or military plans.. Each comes with its unique set of rules and regulations governing division and transfer procedures. For instance, certain types of accounts necessitate a court order called a Qualified Domestic Relations Order (QDRO) to authorize a transfer of some of the funds to the non-owner spouse, while others permit direct rollovers or lump-sum distributions.
Decoding the marital portion of a retirement account
The first step in dividing a retirement account in divorce is to determine what part of the account should be considered marital property. This encompasses calculating the account’s value at the marriage’s inception and its value at the time of the divorce, along with contributions and earnings during the marriage.
The difference between the divorce and marriage values, coupled with contributions made during the marriage, constitutes the marital portion. Any value at the time of marriage, plus contributions preceding or succeeding the marriage, is deemed separate.
Navigating the division of different retirement accounts
The next step involves dividing the marital portion. Generally, there are two main ways to do this: splitting or offsetting.
Splitting entails each spouse receiving a percentage or a fixed amount of the marital portion. Typically, this requires getting a QDRO – a court order that allows the parties to withdraw funds from a retirement account without incurring any taxes or other penalties.
The other main option is offsetting. In this scenario, one spouse retains the entire retirement account while compensating the other with alternative assets of equal value. This approach does not require a QDRO, but it introduces potential tax ramifications and other complexities.
The choice hinges on various factors. These include the type and value of the accounts, the tax implications of each option, and the availability and liquidity of alternative marital and separate assets. The parties must also consider the age, health and earning potential of each spouse, as well as each spouse’s specific retirement goals and needs.
Not just about splitting the funds
The implications of retirement account division extend far beyond the divorce proceedings, impacting current and future income, tax obligations and long-term financial security. Navigating this terrain requires an understanding of rights, options and meticulous planning.]]>On Behalf of Evans Bulloch Parker PLLChttps://www.bfhelaw.com/?p=514202024-01-11T14:06:34Z2024-01-11T14:06:34ZWhat actually constitutes racketeering?
Someone engaged in racketeering participates in an organized scheme to commit criminal activity. People sometimes refer to such schemes as a racket, which explains the origin of the term racketeering. Someone accused of racketeering may have helped to launder money, facilitated illegal gambling or engaged in fraudulent business practices. Racketeering charges often stem from the Racketeer Influenced and Corrupt Organizations (RICO) Act.
Those accused of violating the RICO Act usually face federal prosecution. Allegations ranging from bribery to obstructing justice could lead to prosecution under the RICO Act. Federal prosecutors can charge an entire group involved in allegedly criminal operations at the same time for the same charge.
What are the possible penalties?
Someone convicted of a federal offense violating the RICO Act could face 20 years in prison or possibly longer depending on the criminal allegations. Judges can also sentence someone to pay large fines because of RICO Act violations.
The law allows the courts to treat everyone involved in the scheme equally and impose harsh penalties against those who may not have directly participated in criminal activity but rather in the scheme intended to support that activity. People may not have planned a crime or benefited directly from it, but they could still be at risk of prosecution in some cases.
Racketeering cases are often incredibly complex and involve high stakes for defendants. While the RICO Act exists to deter and better punish organized crime, it can put individuals who keep the wrong company or take the wrong job in a very vulnerable position. As such, reviewing the evidence for a racketeering case with an attorney can help someone determine the best defense strategy given the circumstances.]]>On Behalf of Evans Bulloch Parker PLLChttps://www.bfhelaw.com/?p=514192024-01-08T07:18:16Z2024-01-04T07:17:14Zwhether your house qualifies as marital property. If your house was purchased or acquired during the marriage, it will likely be considered marital property.
However, even if the home was purchased prior to the marriage by one of the spouses, it is unlikely to be considered separate property if the non-purchasing spouse contributed to the marriage.
Contributions may include making mortgage payments, raising the couple’s children, or making improvements to the home.
If the house is considered marital property, there are a few options as to how to divide it between the spouses:
Sell the house and divide the proceeds.
One spouse buys the other out and keeps the house and refinances the home in their name only.
One spouse keeps the house, but the other spouse will be given other funds and properties.
Continue co-owning the home until you find a buyer or save enough money to buy your spouse out. Co-ownership may also be beneficial to couples with children who want to make sure the children’s living arrangements remain stable while they are in school.
Deciding who gets to keep the couple’s main residence is just one of many issues in a complex, high-asset divorce.
If you are considering keeping the house in your name only, make sure you can afford maintenance and upkeep and are willing to miss out on other properties and accounts.
]]>On Behalf of Evans Bulloch Parker PLLChttps://www.bfhelaw.com/?p=514182023-12-28T13:14:28Z2023-12-20T13:13:39Zafter being accused of a crime is the impact it can have on your career or professional reputation. You might be offered a plea deal and be tempted to take it because the terms seem favorable, but you should consider these potential repercussions before doing so.
Current and future employment
You could lose your current job by pleading guilty to criminal charges. Even if your employer does not terminate you, the likelihood of being promoted or moving up in the company after a criminal conviction becomes slim to none.
If you do lose your job, you are likely to face difficulty when seeking new employment. Your criminal conviction will show up on background checks. Employers who do not perform background checks may still inquire about your prior criminal history.
Educational opportunities and professional licenses
A criminal conviction could hinder future educational opportunities. You might have a harder time getting accepted to certain educational institutions and some criminal convictions make you temporarily ineligible for federal student aid.
Additionally, if your job or profession depends on having a state license, that license could be revoked or you may be unable to apply for one. Even if the criminal charge you were convicted of has nothing to do with the type of license you have, such as a medical license, you could still lose it due to your conviction being a blemish on your overall record.
It should be clear that you have much more to lose by pleading guilty to a criminal charge in Tennessee than you may initially believe. Putting on an aggressive defense is usually the best option when you are accused of a crime.
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