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What are the Steps of a Probate Case in Tennessee?

Fri, 06 Mar 2026 15:36:09 GMT

What are the Steps of a Probate Case in Tennessee?

1. File Petition to Probate

A Petition to Probate Testate (with a will) or Intestate (without a will) is filed. Must file original copy of will (if applicable) and the petition shall include the names, addresses, and relationships of all heirs and/or beneficiaries.

2. Personal Representative Appointment

All heirs and/or beneficiaries must be sent a copy of the petition. At the hearing on the petition, a Personal Representative (“PR”) will be appointed and the estate is opened. A Personal Representative Oath must be signed and filed.

3. Letters Are Issued

If the decedent died with a will, Letters Testamentary will be issued to the PR. If the decedent died without a will, Letters of Administration will issue. Once Letters are issued, the PR will begin identifying the decedent’s assets and any of the decedent’s interest in real property.

4. Execute Cost Bond

The PR must execute a Cost Bond to obtain the Letters, which ensures the payment of court costs.

5. Open Estate Bank Account

The PR will open an estate bank account and apply for an Estate Taxpayer Identification Number (EIN) on the IRS’s website. All cash assets of the estate and any proceeds from the sale of any estate property will be deposited into the estate bank account.

6. Execute Affidavit of Notice to Heirs

The PR must sign and file an Affidavit of Notice to Heirs and/or Beneficiaries within sixty (60) days of their appointment. The Affidavit must include the names of all heirs and/or beneficiaries under the Will.

7. File TennCare Affidavit

The PR must submit a Request for Release of Claim to the Division of TennCare, and must file TennCare’s Notice of Release of Claim with the Clerk.

8. File Inventory

Unless waived by the will, an inventory of the estate’s assets must be filed within sixty (60) days of the appointment of the PR. A copy of the Inventory must be mailed to all interested parties. Alternatively, the heirs and/or beneficiaries can sign a Waiver of Inventory.

9. Notice to Creditors

The Clerk’s office will mail a copy of the Notice to Creditors within four (4) weeks of the appointment. A copy of this Notice must be mailed to all known creditors. The creditors have up to a year to file a claim, and the estate must be opened for a minimum of four (4) months before the estate can be closed.

10. File Estate Tax Return

If the estate owes taxes, an Estate Tax Return must be filed with the IRS and the PR must file a copy of the Tax Receipt or Certificate with the Clerk indicating that all inheritance taxes have been paid. The PR should consult a CPA to determine if an estate tax return is required.

11. Interim Accountings

Depending on the County your probate case is in, an Interim Accounting may be due if the estate remains open after fifteen (15) months from the PR’s appointment. Annual Accountings will be due thereafter.

12. File Final Accounting

Before an estate can be closed, the PR must file either a Final Accounting or Statements in Lieu. A Final Accounting shows in detail that all heirs and/or beneficiaries received what they are entitled to. Alternatively, all heirs and/or beneficiaries can agree to execute Statements in Lieu of a final accounting that demonstrate that everyone has received what they were entitled to.

13. Close the Estate

Once all creditor claims have been released, all estate assets have been distributed, and a Final Accounting or Statements in Lieu have been filed, the estate can be closed. Once the estate is closed, no other actions can be taken on behalf of the estate by the PR.

What Happens When DCS Substantiates Someones As A Child Abuser?

Sun, 25 Jan 2026 19:08:25 GMT

What happens when DCS substantiates an individual as a perpetrator of child abuse?

When a Tennessee Department of Children's Services investigation substantiates a claim that an individual is a perpetrator of abuse, they may be placed on the TN Child Abuse Registry, which can have significant employment ramifications. Under Rule 0250-07-09-06 of the TN DCS Child Protective Services Rules, a report against an alleged perpetrator is classified as substantiated if DCS determines, by a preponderance of the evidence, considering entire record, that an individual committed any form of abuse/neglect. An individual who is an alleged perpetrator of abuse can challenge this finding.

How does a challenge of a substantiation as perpetrator of abuse begin?

Within 10 business days after the Department has closed its case and classified the individual as a perpetrator of abuse, the Department notifies the individual of this classification under the Department’s rule 0250-07-09-07. If they determine that the individual poses an immediate threat to the health or safety of a child to whom the individual has access, the department shall notify both the alleged perpetrator and the organization the alleged perpetrator is associated with under the Department’s rule 0250-07-09-08.

The notification from the Department on the classification of their file informs the individual that they have the right to request a formal file review to determine if the report has been properly classified as substantiated. The alleged perpetrator has 20 days to request the formal file review. If the individual fails to submit the request for the file review within the 20-day period, absent a showing of good cause, the classified report becomes final, and the individual’s identity is placed on the non-public registry under the Department’s rule 0250-07-09-07.

The alleged perpetrator has the right to submit additional written information for the file review within 30 days of receiving the notification. If there is no additional information submitted within 30 days, the review will be conducted without the information. This review will be completed within 90 days and at the end of the review, the individual will get written notice of the findings.

Under the Department’s rule 0250-07-09-10, a stay or a temporary pause will be issued if the individual is arrested or indicted on criminal charges that are derived from the same alleged incident, if the individual is the subject of other administrative or civil proceedings that are derived from the same alleged incident, or if the individual pleads guilty to any charge, including reduced charges, arising out of this same incident.

What happens if someone does not agree with the findings of the review?

An alleged perpetrator of abuse has the right to a hearing before an administrative law judge if they do not agree with the findings of the formal file review, under the Department’s rule 0250-07-09-09. The individual must request this hearing within 20 days of notification of the findings. The department will not disclose the classification of the individual as a perpetrator of abuse until after this 20-day period has passed. If the individual fails to request the hearing within 20 days, absent good cause, they waive their right to a hearing and the individual gets placed on the non-public registry.

If the individual requests the hearing, the hearing will be held before a DCS administrative law judge, and an initial order will be entered within 120 days. The sole issue for the administrative law judge to determine is whether, by a preponderance of the evidence considering the entire record, DCS proves that the individual committed any form of abuse or neglect under the Department’s rule 0250-07-09-11. If the administrative law judge concludes that a preponderance of the evidence does not support the conclusion that the individual committed an act of abuse, the report will be classified as unsubstantiated.

If report is classified as unsubstantiated, the department will not release information from its records identifying the individual as a perpetrator of abuse and, if the department previously disclosed to any organizations/person that the individual was under investigation, the department will immediately notify that person that the report was unsubstantiated.

Our attorneys are experienced at challenging attempts by DCS to substantiate individuals as perpetrators of abuse. Call us right away.

WHAT IS A DEPENDENCY & NEGLECT CASE?

Fri, 23 Jan 2026 18:45:07 GMT

A child may be deemed “dependent and neglected” if the Court believes that the child’s safety, health, or well-being is at risk due to improper care, lack of supervision, alleged abuse, lack of medical care, or improper living conditions.

Under T.C.A. § 37-1-102, a Dependent and neglected child is defined as a child:

without a parent or legal guardian;
whose parent or guardian is unfit to properly care for the child;
who is under unlawful or improper care, supervision, custody, or restraint by any person or organization;
who is unlawfully kept out of school
whose parent or guardian neglects or refuses to provide necessary medical care for the child;
who is found in place of violation of the law because of lack of supervision;
who is in under improper control as to injure or endanger the morals or health of the child or others;
who is suffering from abuse or neglect;
who has been in the care of an angency or person not related to the child (by blood or marriage) for a continuous period of six or more months (in the absence of a power of attorney or court order) and that person or agency has not initiated judicial proceedings seeking legal custody or adoption of the child;
who is or has been allowed to engage in prostitution/pornography and whose parent or guardian refuses to protect the child from such activity;
who has been left in the sole financial and physical care of a related caregiver for more than eighteen consecutive months by the child’s parent or legal guardian and the child will suffer harm if removed from the continuous care of such relative.

How does the process work?

These cases typically arise from DCS investigations, reports from schools, doctors, or other professionals, family disputes, or allegations of abuse or neglect. A Dependent and neglect case begins by the filing of a petition by anyone with knowledge of the alleged facts or is informed and believes the facts to be true can file the petition under T.C.A. § 37-1-119.

Prior to the preliminary hearing, a child can be removed from the custody of a parent or legal guardian. Removal must be pursuant to a Court order, based upon sworn petition or sworn testimony, that the child is dependent, neglected or abused; and removal of the child is required because the child is subject to an immediate threat to their health or safety and waiting for the preliminary hearing would likely result in severe or irreparable harm. If the child is taken into custody before the preliminary hearing, the hearing will happen within 72 hours of removal. T.C.A. §37-1-117.

At the preliminary hearing, for removal of the child from custody of a parent or guardian, the Court must find that there was probable cause that the child was abused/neglected and the child is subject to immediate threat to their safety and severe/irreparable harm will occur and there is no less drastic alternative to removal. T.C.A. §§ 37-1-114, 37-1-117.

An Adjudicatory Hearing, which is a trial on the merits of the Petition, will occur to determine if there are findings of fact to support the Dependent and neglect allegation. Then, there will be a Dispositional Hearing where the arrangements for custody of the child will be determined. These can include placement with parents subject to conditions, temporary custody to a qualified individual, or custody to DCS. Then visitation and permanency plans can be decided all in the child’s best interest. T.C.A. § 31-1-130.

How we can help:

We represent parents, guardians, and relatives in Dependency and Neglect proceedings throughout Middle Tennessee. We protect our clients’ rights and work towards a safe reunification whenever possible.

Dependency and Neglect proceedings can move quickly and we assist clients at every stage of the process including responding to DCS investigations and interviews, representation at emergency or adjudicatory hearings, challenging and defending against allegations of abuse or neglect, advocating for reunification and family-centered solutions, ensuring court-ordered services are fair, and protecting parental rights.

If you are facing a Dependency and Neglect case, call us right away. Do not face the system alone.

WHAT END-OF-LIFE DOCUMENTS SHOULD I HAVE IN PLACE?

Fri, 21 Nov 2025 08:37:00 GMT

What documents should I have in place before I die? There are four primary end-of-life documents the average person should have in place. The first and most recognized is a Last Will and Testament. Upon your death, this document will dictate who you want to settle your affairs after you die. That individual, known as the Personal Representative, will then follow the directions you've provided in your will for how your property and belongings should be distributed. Your will can also include a testamentary trust provision, which would dictate how any inheritance given to minor children upon your death should be managed on their behalf. Finally, a will can also contain guardianship language for minor children. While guardianship language in a will is not binding on the court, such language is usually followed if done correctly.

The next end-of-life document everyone should have in place is a Durable Power of Attorney. Powers of attorney allow the person listed as POA to make many different types of decisions on an individual's behalf, such as financial and real estate decisions. Typically, a general power of attorney no longer has effect upon an individual's incapacity, whether physical or mental. However, a durable power of attorney extends beyond that incapacity and remains in place until that individual's death. There are two primary types of durable POAs. The more traditional durable power of attorney is a "Springing Durable Power of Attorney." This means that this type of POA does not take affect until the individual has become incapacitated. The other type of durable POA is a "Durable Power of Attorney Effective Immediately." This means that the POA takes effect at the moment it was signed, and remains in effect through the incapacity and until the individual's death. There are advantages and disadvantages to both, so discuss your particular situation with your attorney.

The third document everyone should have prepared is an Advance Care Plan. This is also known as a "Living Will." Sometimes referred to as "pull-the-plug language," an Advance Care Plan will determine what decisions your healthcare providers will make about your medical care in the end stages of your life. There are a variety of scenarios this document contemplates, such as whether or not you want to receive life support or the assistance of a ventilator if you are unable to breath on your own. Every individual's decisions are unique and their choices often surprise their loved ones. One of the most loving things an individual can do for their loved ones is to not force them to make these decisions on their own. It's a relatively simple document, but one that carries significant weight.

The final document we recommend everyone have in place is the Appointment of a Healthcare Agent. While the Advance Care Plan above does incorporate the appointment of a healthcare agent, this document stands alone and allows another individual that you've named to make healthcare decisions on your behalf, in the event you're unable to do so on your own.

While none of these documents are particularly fun to think about, it's crucial that you get them in place before you need them. All too often, loved ones who have every intention of taking care of these needs pass away before ever doing so. In many cases, what they leave behind becomes a point of contention between family members who disagree about what should be done, rather than focusing on fond memories. In short, the time to take care of your end-of-life planning is now!

For more information about how to create a valid will, check out our additional Education Center post here.

What Are the Different Types of Alimony in Tennessee?

Thu, 13 Nov 2025 19:40:17 GMT

What Are the Different Types of Alimony in Tennessee?

Tennessee law recognizes four different types of alimony: (1) rehabilitative alimony; (2) alimony in futuro; (3) transitional alimony; and (4) alimony in solido (also called lump sum alimony). A judge may award these types of alimony separately or in combination.

Rehabilitative Alimony

The Tennessee statute on alimony, codified at Tenn. Code Ann. § 36-5-121, provides that rehabilitative alimony is favored. The law provides: “It is the intent of the general assembly that a spouse, who is economically disadvantaged relative to the other spouse, be rehabilitated, whenever possible, by the granting of an order for payment of rehabilitative alimony.” Thus, in a divorce, the economically disadvantaged spouse may be able to secure an award of this type of alimony. To be rehabilitated in this sense, means that the economically disadvantaged spouse receives an award that places the person to a standard of living “reasonably comparable” to the standard of living the party had before the divorce.

The law further provides that an award of rehabilitative alimony “may be increased, decreased, terminated, extended, or otherwise modified, upon a showing of a substantial and material change in circumstances.”

Alimony in Futuro

Alimony in futuro - sometimes called periodic alimony - is a type of alimony awarded sometimes where there is no way that a party can be rehabilitated. The Tennessee alimony statute explains: “An award of alimony in futuro may be made, either in addition to an award of rehabilitative alimony, where a spouse may be only partially rehabilitated, or instead of an award of rehabilitative alimony, where rehabilitation is not feasible.”

Alimony in futuro continues until the recipient either remarries or either party dies. It often lasts for a significant period of time. However, this type of alimony is usually less than rehabilitative alimony, as there is not enough money to place the party in the same standard of living as the parties had during the marriage.

Transitional Alimony

Transitional alimony is a type of alimony that is provided temporarily, for a shorter time period than rehabilitative alimony and a much shorter time period than alimony in futuro. This type of alimony applies when “rehabilitation is not necessary, but the economically disadvantaged spouse needs assistance to adjust to the economic consequences of a divorce.” In practice, transitional alimony is probably the most frequently used alimony in divorce cases in Tennessee.

Alimony in Solido

Alimony in solido, or lump sum alimony, may be awarded as the only type of alimony or as an additional type of alimony. It often applies when the economically disadvantaged spouse needs support to pay for attorney fees. Parties also sometimes use alimony in solido to equalize what would otherwise be an unequal division of the marital estate. Alimony in solido can be paid in one lump sum or in installments.

Click here for more information on how alimony is calculated in Tennessee.

Reach out to the divorce attorneys at Ryan C. Davis Law, PLLC for comprehensive legal guidance in all aspects of family law, including alimony. Call 615-649-0110 to schedule a consultation today.

How Alimony is Calculated in Tennessee?

Thu, 13 Nov 2025 19:40:17 GMT

How Alimony is Calculated in Tennessee?

Divorce is never easy, and one of the more complicated aspects of a divorce can be the determination of alimony. In Tennessee, alimony (or spousal support) is awarded primarily based on a disadvantaged spouse’s financial need, and the other spouse’s ability to pay.

Types of Alimony in Tennessee

Tennessee recognizes four types of alimony, each with a different purpose:

Transitional Alimony: This is probably the most common form of alimony in Tennessee. Transitional alimony is awarded when one spouse needs time to adjust to the financial changes following a divorce. It's usually short-term and helps the recipient transition to a new lifestyle. Transitional alimony is non-modifiable, meaning that neither party can go back to court to change the amount or duration of the alimony.
Rehabilitative Alimony: Rehabilitative alimony is designed to support a spouse who needs time and financial assistance to become self-sufficient or receive career training. The goal is to help the receiving spouse gain the education or training necessary to re-enter the workforce. Rehabilitative alimony is modifiable, meaning that either party can go back to court and attempt to change the amount or duration of the alimony, if the disadvantaged party needs a shorter or longer period of time to rehabilitate their finances.
Alimony in Solido (Lump-Sum Alimony): Also known as lump-sum alimony, alimony in Solido is a fixed amount of money that is paid either in one payment or in installments. It is often used to balance the division of marital property. Alimony in Solido is typically non-modifiable.
Alimony in Futuro: This is long-term alimony is awarded when it's unlikely that the receiving spouse will ever become financially independent. Alimony In Futuro is typically only appropriate in divorces involving marriages of long duration, and where one spouse was financially disadvantaged throughout the majority of the marriage. Alimony In Futuro is typically paid until the receiving spouse remarries or either spouse dies, and it can be modified if the financial circumstances of either party changes significantly.

Factors Considered in Alimony Calculations

In Tennessee, there is no set formula for calculating alimony. Instead, the courts consider a variety of factors to determine the amount and duration of the support, including:

Each spouse’s earning capacity, debts, and financial resources;
The education and earning potential of each spouse;
The duration of the marriage;
The age, mental, and physical condition of each spouse;
The impact of employment on the children’s best interests;
The division of marital property;
The standard of living during the marriage; and
Any fault or misconduct by either spouse, where relevant.

Reach out to the divorce attorneys at Ryan C. Davis Law, PLLC for comprehensive legal guidance in all aspects of family law, including alimony. Call 615-649-0110 to schedule a consultation today.

Frequently Asked Divorce Questions

Thu, 13 Nov 2025 19:40:17 GMT

How Long Do I Have to Live in Tennessee Before I Can Get Divorced? Generally speaking, you must reside in Tennessee for at least 6 months before you can file for divorce in Tennessee.

How Long Does a Divorce Take? For a divorce where there are no minor children involved, there is a mandatory 60-day “cooling off” period after one spouse files the Divorce Complaint before your divorce can be finalized. Thus, the quickest that a divorce without children can be completed is 60 days. If the divorcing couple has minor children, the cooling off period is extended to 90 days. These cooling off periods are intentionally designed to slow down divorces so that divorcing couples can contemplate whether or not getting divorced is what they actually desire to do. In reality, even amicable uncontested divorces often take a few months to complete, provided your attorney is being thorough and ensuring your divorce is handled properly. On the other hand, a contested divorce can take anywhere from a few months to several years to complete, depending on a variety of factors.

Can I Get an Annulment? Rarely. In an annulment, the court treats the couple as if they were never married. An annulment may be available if the marriage was entered into illegally, such as one of the parties already being married or if the marriage was based on fraud or duress. But typically most marriages don’t meet the requirements for an annulment.

What is Mediation and When is it Necessary? Mediation is an out-of-court process for divorcing spouses to settle issues related to their divorce, in lieu of having a trial in order for a judge to decide. A mediator, who is a trained, neutral third-party, will facilitate a conversation between the spouses to attempt to settle any divorce-related issues. Mediation is often beneficial when dealing with child custody and visitation issues. Many divorcing parties want to attempt mediation prematurely and without the assistance of an attorney. However, mediation is much more successful if the parties’ attorneys have been able to narrow down the issues that are in dispute and focus the mediation on only the most difficult issues in the case.

What if My Spouse Won’t Participate in the Divorce Process? In Tennessee, if a spouse refuses to participate in the divorce after being served with a divorce complaint, there are ways to move the divorce forward. Once a party has filed and served the divorce Complaint on the other party, he or she will have 30 days to file an Answer to the Complaint with the court. If an Answer is not filed, your attorney can then file a Motion for Default Judgment, which is asking the court to grant the divorce by default. If the judge determines that the divorce papers have been properly served and there has been ample time for the opposing party to file his or her Answer, the judge can grant a Default Judgment for divorce, despite the fact that one spouse did not sign anything or participate in the divorce process.

Is Tennessee a No-Fault Divorce State? Yes. Tennessee offers both fault and no-fault ground divorces. A no-fault ground for divorce essentially means that the divorcing couple agrees to the statements in the divorce complaint and are asking the court to approve their agreed-upon divorce. This is commonly referred to as an “irreconcilable differences” or uncontested divorce, meaning that the divorcing couple agrees that there is no way they can repair their relationship and thus, they have irreconcilable differences that prevents them from living together as husband and wife. This type of divorce can only be used when the divorce is uncontested, and there is no dispute as to how marital property should be divided.

How Much Does a Contested Divorce Cost? It is nearly impossible to estimate the cost of a contested divorce. That is why divorce attorneys typically require retainers and bill hourly for contested divorces. For some divorcing couples navigating a contested divorce, meaning there are a few issues that the parties can’t agree upon, the cost may be just a few thousand dollars. However, for divorcing couples who are experiencing significant disagreements on matters such as property division, child custody, and alimony, there is literally no limit as to what a divorce might cost.

Can I Restore My Maiden Name at the Time of Divorce? Yes, a divorcing wife may restore her last name to her maiden name as a part of the divorce proceeding, and it is very common for a divorcing spouse to do so.

How Quickly After a Divorce can a Spouse Re-Marry? In Tennessee, you cannot remarry until your divorce has been final for 30 days, as there is a 30-day appeal period following the entry of the divorce decree. However, common sense would probably say to give it some time before remarrying in any event.

Can I Date Someone Else While My Divorce Is Pending? Although many divorcing spouses begin dating once they are separated from their spouse, it is important to remember that engaging in a romantic relationship before your divorce is final is still considered adultery. Depending on the issues in your case, this could have an impact of the outcome of your divorce. In short, don't start dating until you are divorced.

What Are Miranda Rights?

Thu, 13 Nov 2025 19:40:17 GMT

What Are Miranda Rights? Miranda rights, or warnings, were established when the United States Supreme Court decided the case of Miranda v. Arizona, which held that officers had to inform defendants of their Fifth Amendment rights against self-incrimination. The rights read as follows:

“You have the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

However, this commonly used television phrase comes with many misconceptions and confusion as to who has those rights and when they apply. An experienced criminal defense attorney can help if these rights have been violated.

Who needs to be read their Miranda rights? Police officers should read individuals their Miranda rights if they intend to interrogate them or question them while in custody. However, an individual being placed under arrest does not necessarily need to be read their rights.

When do Miranda rights need to be read? Contrary to popular belief, Miranda rights do not need to be read upon being arrested. Police officers only need to provide a Miranda warning if they intend to interrogate the person while in custody. They may read them at any point before interrogating the individual.

How do you know if you are “in custody”? The basic rule of thumb for determining whether or not an individual is in custody is whether or not they are free to leave. If you’re not sure, ask the officer if you are free to leave. If the evidence shows that you were questioned or interrogated by law enforcement after you were not free to leave, that questioning would violate your Miranda rights.

What happens if the Miranda rights are not read? Unfortunately, if Miranda rights are not read, this does not mean that the individual cannot be prosecuted. However, it may mean that any statements that the individual makes to the police officer prior to Miranda warnings will not be allowed to be used in court against them. An experienced criminal law attorney can help you navigate whether your Miranda rights were violated and how that violation may affect your case.

Can an individual waive their Miranda rights? Of course, an individual can waive their Miranda rights by explicitly signing that they are waiving their rights. An individual can also implicitly waive their rights by foregoing the warnings and voluntarily communicating with law enforcement. However, our attorneys advise against doing this without an attorney being present to ensure you have not undermined your defense to allegations made against you.

Contact our criminal defense attorneys at Ryan C. Davis Law, PLLC today at 615-649-0110 to schedule a free consultation and find out if your Miranda rights may have been violated.

SHOULD I AGREE TO TAKE A BREATH OR BLOOD TEST?

Thu, 13 Nov 2025 19:40:17 GMT

Should I agree to take a breath or blood test? Once an officer has determined that he or she has probable cause to believe that you are driving under the influence, the officer may ask you to submit to a chemical test to determine your blood alcohol concentration (BAC). This typically occurs after field sobriety tests have been conducted (see post on field sobriety tests). Chemical tests are conducted in the form of either a breathalyzer test or a blood test. The results of these tests could help you prevent an arrest or provide a defense for your case, if your BAC is below 0.08. On the other hand, you could also be voluntarily giving prosecutors evidence which will be used to convict you. In fact, if your BAC result is above 0.2, your statutorily required minimum jail sentence may increase from 48 hours to 7 days.

So, can you refuse to submit to these tests? Yes. You have the right to refuse to allow an officer to conduct breath or blood tests. However, there will be negative legal consequences if you choose to do so. Under the Tennessee Implied Consent Law, if you refuse a breath test, there is an automatic penalty against you. If you have not previously violated the Implied Consent Law, the penalty is the loss of your driver’s license for one year. You will be able to apply for a restricted license during that period, but you will be required to pay for and install an ignition interlock device on your car. However, this is considered a civil penalty and not a criminal conviction. It is also important to remember that the arresting officer must inform you of these consequences before any test is administered. If an officer fails to inform you of these penalties, your attorney may be able to suppress the results of any breath tests you performed.

Regarding blood tests, however, things get a little more complicated. Until recently, an individual who refuses a blood test could not be charged with an implied consent violation. Our state and Federal courts have long since recognized that the level of intrusion for a blood draw is substantially higher than that of a breath test. However, a recent change in Tennessee law (T.C.A. §55-10-406) provides that someone who refuses a blood test can now be charged with an implied consent violation. The problem with this new law is that it is in direct contradiction to Tennessee Court of Criminal Appeals holding in State v. Henry, 539 S.W.3d 223 (Tenn. Crim. App. 2017). The Court in Henry held that Implied Consent does not justify a warrantless blood draw under the U.S. and TN constitutions. Thus, while the statute may have changed, it is likely not enforceabe. Nonetheless, any officer who believes there is probable cause for a DUI arrest can easily obtain a search warrant for a blood test, and should do so. Such a search warrant would absolve any implied consent violation. Likewise, any blood evidence that is obtained without consent and without a search warrant should be suppressed and inadmissible, under most circumstances. Even when a search warrant is obtained, time is usually your friend in these matters. There is no harm in requiring an officer to follow the law before obtaining your blood sample. Additionally, blood tests are typically a more reliable and more precise measurement of BAC, if the blood draw and lab tests are performed accurately.

This is great to know, but what do I do? The problem with answering this question is that it’s a judgment call, and an impaired person may not exercise the best judgment. As a general rule, if you are suspected of DUI and you honestly believe you have not had too much to drink and you do not feel impaired, it may be beneficial for you to submit to either a breath or blood test. Even if you are slightly over 0.08, a low result may assist you in reaching a favorable settlement in your case, depending on the jurisdiction you are arrested in. However, if you know that you had too much to drink and shouldn’t have been driving, it does nothing but hurt your case to voluntarily submit to a chemical test. You would only be making matters worse for yourself. It goes without saying, but the best advice I can give when I’m asked this question is to avoid driving while impaired in the first place, and take a Lyft or Uber. An impaired person can rarely be trusted to make the best decisions when it counts the most.

What are the Consequences for a DUI First Offense?

Thu, 13 Nov 2025 19:40:17 GMT

Under Tennessee Code Ann. §55-10-401, “It is unlawful for any person to drive or to be in physical control of any automobile…(1) while under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof that impairs the driver's ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of oneself that the driver would otherwise possess; (2) the alcohol concentration in the person’s blood or breath is eight-hundredths of one percent (0.08%) or more . . .”

So after you’ve been charged with a DUI first offense, what does this mean for you? In Tennessee, a first offense for a DUI is punishable by a minimum of 48 hours to a maximum of 11 months and 29 days in jail. However, if your BAC is higher than a .20, the minimum jail sentence increases to 7 days. You may also be required to complete an Alcohol Safety School and Victim Impact Panel program by the Court.

In addition to jail time, there is a minimum fine $350 for a DUI first offense, in addition to court costs. Your driving privileges will also be revoked for one year. However, you can apply for a restricted license with an ignition interlock device if your DUI was an alcohol related offense. If your offense was only drug related, you can apply for a restricted license with geographic restrictions. In addition to the criminal penalties, you may be required to purchase expensive SR-22 insurance, and the DUI could show up on background checks later on.

It is important that your criminal defense attorney verifies that the police followed the proper law and procedures during the DUI investigation and arrest. Any mistakes made by the officers could affect whether or not there was sufficient probable cause for your arrest, or whether any evidence obtained can be used against you. How DUI cases are handled varies greatly depending upon the county your case is in and the local practices of the District Attorney’s office. That’s why it is so important to hire a criminal attorney that knows Tennessee laws and understands local practices in order to receive the best possible outcome for your DUI first offense. If you’ve been charged with a DUI, call our offices at (615) 649-0110 to ensure you receive a fair outcome in your case.

Click here for more DUI related education center posts.

Do I need a lawyer for an Uncontested Divorce in Tennessee?

Thu, 13 Nov 2025 19:40:17 GMT

An uncontested divorce in Tennessee is a divorce where both spouses agree, or come to an agreement, on all of the major terms of the divorce. Generally, an uncontested divorce will be on the grounds of irreconcilable differences, or in some cases, for being separated for more than two years. An uncontested divorce is the most amicable type of divorce and can save spouses both a lot of time, money, and heartache.

However, this does not mean that uncontested divorces always go as planned. Even if you meet the requirements to file for an uncontested divorce, it is still recommended that you hire a lawyer. A qualified divorce attorney can ensure that the legal requirements for a divorce are met while still keeping your best interests in mind. Divorce attorneys have experience negotiating divorce settlements, known as Marital Dissolution Agreements, and even in an uncontested divorce, there can be disagreements that require a compromise before the divorce can be finalized.

An experienced divorce attorney can take the stress of navigating the complex legal system out of your hands and ensure all of the correct documents are filed and served properly. Having a lawyer to review the final paperwork before submitting it to the court ensures that you fully understand the consequences of the divorce agreement you are entering with your spouse.

WHO CAN BE CHARGED WITH DOMESTIC ASSAULT IN TENNESSEE?

Thu, 13 Nov 2025 19:40:17 GMT

Who can be charged with Domestic Assault? In Tennessee, you can be charged with domestic assault for committing assault against anyone deemed a domestic abuse victim. Who is a domestic assault victim? Tennessee law has a broad definition which goes far beyond just a romantic relationship. A domestic abuse victim can include any of the following:

Current or former spouses
Roommates
People who are dating or had a previous sexual relationship
Anyone related by blood or adoption
Current or former in-laws
An adult or minor child of a person that is in a relationship with anyone included in the above categories

Is it their word against mine? Simply put, yes. If there are no other witnesses, it is the alleged victim’s word against yours. When an officer is called to a scene for an allegation of domestic assault, most police departments have a policy which states that the preferred response is to make an arrest. The officer’s goal is to determine who the “primary aggressor” is, then place that person under arrest. If the only witnesses are the alleged victim and the accused, the result is a case of “he said, she said.” Penalties for domestic assault can be severe. Initially, any domestic assault arrests require the accused to be held for a minimum of 12 hours in jail before they are able to post bond. This alone is a traumatic experience for most people accused of domestic assault. A conviction for misdemeanor domestic assault can result in possible jail time of up to 11 months and 29 days, result in the loss of your ability to ever possess a firearm, and the conviction can never be expunged. Given what’s at stake when you are charged with these types of crimes, it’s important to hire an attorney immediately to begin preparing your defense.

WHAT IS AN ORDER OF PROTECTION?

Thu, 13 Nov 2025 19:40:17 GMT

Domestic Assault, Orders of Protection

What is an Order of Protection? An Order of Protection is an order signed by a judge or magistrate, which is intended to protect victims of domestic abuse, sexual assault, or stalking. While you may be tempted to reach out to the person who filed an Order of Protection against you, it is essential that you have no contact with him or her. If an Order of Protection has been granted by a judge or magistrate against you on a temporary basis (ex parte), violating that Order of Protection will result in your arrest and a new criminal charge. In short, you will go to jail, no questions asked. So don’t do it! Who can Request an Order of Protection? An Order of Protection can be requested by anyone who is a “domestic abuse victim.” T.C.A. §36-3-601 defines domestic abuse victim as adults or minors who:

Are current or former spouses;
Live together or who have lived together (including roommates);
Are dating or who have dated or who have or had a sexual relationship;
Are related by blood or adoption;
Are related or were formerly related by marriage; or
Adults or minor children of a person in a relationship that is described above.

What is the Process to Obtain an Order of Protection?

An alleged victim fills out a Petition requesting the judge or magistrate to issue an Order of Protection.
The judge or magistrate reviews the Petition and will likely grant an ex parte Order of Protection. The ex parte Order of Protection is a temporary Order of Protection that prohibits the other person from contacting the petitioner for any reason whatsoever.
A hearing before a judge on the ex parte Order of Protection will be set within 15 days of the issuance of Order for a final determination. If the request is not granted ex parte, a hearing will still be scheduled in front of a judge to make a final determination.
At the hearing, the court will either extend the Order of Protection for up to one year or it will be dismissed.
At the hearing, the petitioner must prove by a preponderance of the evidence, or more likely than not, that the facts written in the Petition occurred. The court will hear from the Petitioner, Respondent, and any witness brought by the parties.
The respondent then has the opportunity to put on proof to defend against the allegations being made by the petitioner.

An Order of Protection can have serious ramifications, including:

Ordering you to leave your home;
Affect your custody or visitation rights with your children;
Prevent you from owning or possessing firearms;
Impact your ability to rent an apartment or home.

If you have an Order of Protection pending against you in Nashville or Middle Tennessee, it's important that you hire an attorney immediately to defend your rights.

What is the difference between the Tennessee Sex Offender Registry and Community Supervision for Life?

Wed, 08 Oct 2025 19:40:17 GMT

What is the difference between the Tennessee Sex Offender Registry and Community Supervision for Life?

The Tennessee Sex Offender Registry restricts where individuals placed on the registry can live, work, and engage in daily activities after being found guilty of certain sexual offenses.

Community Supervision for Life (CSL) is an additional punitive aspect of a defendant’s sentence when they are found guilty of certain sexual offenses. CSL is effectively identical to sex offender supervision for someone that is on probation or parole, and results in the offender being closely monitored by the Tennessee Department of Corrections. Individuals on CSL are also required to participate in sex offender treatment and complete a relapse prevention plan before being discharged from treatment.

Although the Registry and CSL are completely different, anyone on CSL will also be required to be on the Registry. However, being on the registry does not mean someone is on CSL.

THE REGISTRY

Certain offenses require an individual to be placed on TN’s Sexual Offender Registry. Below is a list of offenses that result in a person being classified as a “Sexual Offender” on the registry.

Sexual Battery
Statutory Rape
Aggravated Prostitution
Sexual Exploitation of a Minor
False Imprisonment of a Minor
Kidnaping of Minor
Indecent Exposure (upon third offense)
Solicitation of Minor
Spousal Sexual Battery
Aggravated Statutory Rape
Soliciting Sexual Exploitation
Promotion of Prostitution
Patronizing Prostitution where victim is a minor
Observation Without Consent (upon third offense)
Unlawful Photographing if an E or D Felony
Unlawful Photographing when a misdemeanor if judge orders defendant to register
Aggravated Unlawful Photography
Sexual Contact with Inmates
Sexual Abuse of a Corpse

*Any Attempt, Solicitation, or Conspiracy, Criminal Responsibility, or Facilitation to commit any of the above offenses

Individuals on the registry are classified as violent sexual offenders if they are found guilty of the following crimes:

Aggravated Rape
Rape
Aggravated Sexual Battery
Rape of a child & Aggravated Rape of a child
Attempt to commit rape
Aggravated Sexual Exploitation of a minor & Especially Aggravated Sexual Exploitation of a minor
Aggravated Kidnapping where victim is a minor & Esp. Aggravated Kidnapping where victim is a minor
Sexual Battery by an authority figure
Solicitation of a minor if B or C felony
Criminal Exposure to HIV
Statutory Rape by an authority figure
Spousal Rape & Aggravated Spousal Rape
Incest
Aggravated Prostitution if on or after July 1, 2010
Trafficking for a Commercial Sex Act
Promotion of Prostitution if two or more convictions
Continuous Sexual Abuse of a Child

**Any Attempt, Solicitation, or Conspiracy, Criminal Responsibility, or Facilitation to commit any of the above offenses

Once an individual is placed on the registry, they must:

Register their home address within 48 hours of release from jail or prison.
Register home address within 48 hours of being placed on probation or any alternative to incarceration.
Register any places of employment, and update changes in employment within 48 hours of a material change in employment.
Register any email addresses, social media accounts, and any online chat or communication accounts within 3 days of changing any email or social media accounts

Once an individual is placed on the Registry they cannot:

Reside within 1000 feet of the property line on which the offender's former victims or the victims' immediate family members reside.
Come within 100 feet of any of the offender's former victims.
Transport students to and from a school or day care, or attend any activities at a school or day care, unless:
You are a student; or
You are dropping off your own children or attending conferences, with written permission; and
The offender’s minor victim is not enrolled in that school or day care
Live with any minors, if the offender’s victim was a minor.
Offender can live with their own biological children, unless:
Parental rights have been terminated.
Any minor or adult child of the offender was a victim; or
Any victims of the offender were under the age of 12 and a circuit court has found by clear and convincing evidence that the offender presents a danger of substantial harm to the minor

What happens if someone violates these restrictions or requirements?

If an individual violates a registry restrictions or requirement, they will be charged with a class E felony. If convicted, the sentence can range from a mandatory minimum of 90 days in jail or up to 2 years in jail for the first offense.

Can someone ever come off the registry?

Whether someone can be removed from the registry is not a simple yes or no answer. In some cases, an individual can be removed from the registry ten (10) years after their sentence is completed. Meaning, if someone completed probation on January 1, 2015, they may be eligible for removal on January 1, 2025.

However, if someone is convicted of a crime against children (wherein the victim is age 12 or under), or if they are convicted of a violent sexual offense, they are required to remain on the registry for life.

If someone with an out of state sexual offense conviction moves to Tennessee, they must be on the registry in Tennessee for ten (10) years following the completion of their sentence or five (5) years after first being added to Tennessee’s registry, whichever is longer. However, if the registrant’s out of state conviction is equivalent to a violent sexual offense in Tennessee, or if the victim was twelve (12) years of age or younger, they must remain on Tennessee’s registry for life.

COMMUNITY SUPERVISION FOR LIFE

Community Supervision for Life (CSL) is a type of supervised release imposed upon individuals convicted of Rape, Aggravated Rape, Aggravated Sexual Battery, Rape of a Child, Aggravated Rape of a Child, Continuous Sexual Abuse of a Child, or Aggravated Human Trafficking (along with the attempt or facilitation of any of those offenses).

Generally speaking, in order to be subject to CSL, an individual’s judgment order must contain language placing them on CSL.

Is Community Supervision actually for life?

No. CSL begins as soon as an individual is released from incarceration or parole supervision. However, individuals on CSL can request removal fifteen (15) years after the completion of their underlying their sentence, so long as they have not been convicted of any other crimes during the fifteen (15) year period.

If someone has no other criminal convictions while on CSL, they can petition to be released. After the petition is filed, the District Attorney’s Office will conduct a background check. Once they confirm there have been no convictions while on CSL, the individual must have a psychosexual exam performed by a licensed provider approved by the sex offender treatment board. The next step is to have a hearing in front of the original sentencing judge on the request for removal from CSL.

If, on the other hand, someone has been convicted of further criminal offenses during the time they are on CSL, they can and should still go through the steps above. However, they will be denied a hearing on their petition. After their denial, they can refile their petition for removal in three years. It is very important to try, even if you know you will be denied, because then the three-year clock starts running.

What is required of me if I am on CSL?

An individual on CSL is required to be under the supervision, jurisdiction, and control of the TN Department of Corrections. As part of this supervision, the individual will comply and follow any rules deemed necessary by the department of corrections, including sexual offender treatment.

Some of the requirements are the following:

Limited internet use and access as well as providing supervising officers with an inventory of internet capable devices and allowing them to search those devices.

Submitting to and paying for polygraph assessments.

If convicted of an offense against a minor, no entering into a contact, dating, befriending, or residing with anyone under the age of 18 unless the children are the individual’s biological children.

No contact with someone who cannot give consent due to mental, physical or emotional limitations without an approved chaperone present.

There are also other, non-sex offense probations rules such as no drugs, no bars, no guns, etc. that still apply.

Does the Registry still apply?

If an individual is on CSL then they are also on the registry and must also comply with the requirements of the registry as a condition of their CSL supervision.

Contact the experienced criminal defense attorneys at Ryan C. Davis Law, PLLC for assistance with Community Supervision for Life or TN Sexual Offender Registry issues.

Can One Parent Relocate with a Minor Child?

Wed, 08 Oct 2025 19:40:17 GMT

Can One Parent Relocate with a Minor Child in Tennessee?

In child custody cases, it often happens that one parent needs to relocate or move away for a better job opportunity, better educational opportunities for the child, or other reasons. This becomes complicated, as parental relocation with the child can impact the time spent with the other parent. In many states, the custodial parent must provide certain notice to the noncustodial parent and then the noncustodial parent has a right to object.

Tennessee has such a parental relocation law codified at Tenn. Code Ann. § 36-6-108. It provides that after the entry of a child custody decree, a parent seeking to relocate more than fifty (50) miles away from the other parent must provide notice of such relocation. The law requires that such notice contain the following:

Statement of intent to move;
Location of proposed new residence;
Reasons for proposed relocation; and
Statement that absent agreement between the parents or an objection by the nonrelocating parent within thirty (30) days of the date notice is sent by registered or certified mail in accordance with this subsection (a), the relocating parent will be permitted to do so by law.

If the nonmoving parent objects to the proposed move, then the court will review the proposed relocation and determine whether it is in the best interests of the minor. There are a series of factors codified at Tenn. Code Ann. § 36-6-108 that the court will consider in determining whether this proposed move is in the best interest of the child. Some of the relevant factors include the quality and duration of the relationship with both parents, the reasonable preference of a minor 12 years of age or older, the quality of life financially and educationally in the new location vis-à-vis the former location, and the reasons for the relocation. Many of these factors are the same factors that a court uses to determine who the primary parent should be in divorce and child custody matters.

If you are wanting to relocate your child, or if you are a parent and your former spouse is seeking to relocate, it is important that you contact an experienced family law attorney as soon as possible.

The experienced family law attorneys at Ryan C. Davis Law, PLLC can assist you through this challenging process. Call 615-649-0110 to schedule a consultation today.

What is a Legal Separation?

Wed, 08 Oct 2025 19:40:17 GMT

What is a Legal Separation in Tennessee?

Legal separation in Tennessee is an alternative to divorce that allows couples to live apart while remaining legally married. This option can be suitable for couples who are not ready for divorce, for whatever reason, but need to address issues like property division, child custody, and spousal support. Unlike simply living apart, a legal separation involves a court order that outlines the rights and responsibilities of each spouse during the separation period. This can include decisions about child custody, visitation, alimony, and the division of assets and debts. Essentially, a legal separation requires the same legal steps as a divorce, but the outcomes are different.

How Does Legal Separation Work in Tennessee?

To obtain a legal separation in Tennessee, one spouse must file a complaint in court, similar to a divorce complaint. The complaint for legal separation must contain one of the grounds for divorce provided by law, just as with a complaint for divorce. When there is a division of property, any property acquired after the separation will be considered separate property. However, because the marriage is not dissolved, neither spouse can remarry during the legal separation period.

Why Choose Legal Separation?

Couples may choose legal separation for various reasons. For some, religious or moral beliefs make legal separation more appealing than divorce, as it allows them to live apart while still honoring their values. Financial benefits are another critical consideration, as legal separation permits spouses to remain on each other’s health insurance or continue receiving other benefits that might be forfeited in a divorce. Additionally, legal separation provides couples with time and space to work on their relationship, offering an opportunity for reconciliation without the finality of a divorce.

Can Legal Separation Lead to Divorce?

Yes, legal separation can be a step toward divorce. After two years of legal separation, either party can file a petition for a divorce stating that the parties have not reconciled and the court will grant them a divorce, even if the other spouse objects. Alternatively, if the parties reconcile, either party can file a petition to dismiss the legal separation and resume their marriage.

Reach out to the divorce attorneys at Ryan C. Davis Law, PLLC for comprehensive legal guidance in all aspects of family law, including legal separation. Call 615-649-0110 to schedule a consultation today.

Can a Police Officer Pull Me Over for a Window Tint Violation?

Wed, 08 Oct 2025 19:40:17 GMT

Can a Police Officer Pull Me Over for a Window Tint Violation?

Police officers regularly conduct traffic stops when they believe that a vehicle has window tint that is too dark. However, did you know that police officer must conduct a field comparison test if they are pulling you over for an alleged window tint violation?

First, in order to initiate a traffic stop, a police officer must have probable cause. Probable cause refers to a reasonable suspicion for believing that a crime may have been committed or that evidence of a crime is present in the place to be searched. Tennessee Code § 55-9-107 states that a police officer can detain a vehicle if they have a reasonable belief that the car has windows tinted in violation of state law. The statute specifies that the police officer can pull over a car for the purpose of conducting a field comparison test.

If a police officer pulls you over because of their reasonable belief that your windows are tinted in violation of the statute and they do not conduct a field comparison test, we may be able to prove that the underlying stop was improper. Since the statute is clear that the officer pulling you over for a window tint violation is doing so for the purpose of conducting a field comparison test, not conducting the field comparison test is in violation of T.C.A. § 55-9-107. As a result, any evidence obtained as a result may be able to be suppressed.

If you are you facing charges following a traffic stop for a window tint violation, our experienced attorneys at Ryan C. Davis Law, PLLC can help. Give us a call at (615) 649-0110 to discuss your case.

PREGUNTAS FRECUENTES SOBRE EL DIVORCIO

Wed, 08 Oct 2025 19:40:17 GMT

¿Cuánto tiempo debo vivir en Tennessee antes de poder divorciarme? En términos generales, debe residir en Tennessee durante al menos 6 meses antes de poder solicitar el divorcio en Tennessee.

¿Cuánto tiempo lleva un divorcio? Para un divorcio en el que no hay hijos menores involucrados, existe un período obligatorio de "reflexión" de 60 días después de que uno de los cónyuges presenta la demanda de divorcio antes de que se pueda finalizar el divorcio. Por tanto, lo más rápido que se puede completar un divorcio sin hijos es 60 días. Si la pareja que se divorcia tiene hijos menores, el plazo de reflexión se amplía a 90 días. Estos períodos de reflexión están diseñados intencionalmente para ralentizar los divorcios, de modo que las parejas que se divorcian puedan contemplar si divorciarse es lo que realmente desean hacer o no. En realidad, incluso los divorcios amistosos y sin oposición suelen tardar unos meses en completarse, siempre que su abogado sea minucioso y se asegure de que su divorcio se maneje adecuadamente. Por otro lado, un divorcio con disputa puede tardar desde unos pocos meses hasta varios años en completarse, dependiendo de una variedad de factores.

¿Puedo obtener una anulación? Casi nunca. En una anulación, el tribunal trata a la pareja como si nunca hubieran estado casados. Una anulación puede estar disponible si el matrimonio se celebró ilegalmente, como si una de las partes ya estuviera casada o si el matrimonio se basó en fraude o coacción. Pero normalmente la mayoría de los matrimonios no cumplen con los requisitos para una anulación.

¿Qué es la mediación y cuándo es necesaria? La mediación es un proceso extrajudicial para que los cónyuges que se divorcian resuelvan cuestiones relacionadas con su divorcio, en lugar de tener un juicio para que un juez decida. Un mediador, que es un tercero neutral y capacitado, facilitará una conversación entre los cónyuges para intentar resolver cualquier problema relacionado con el divorcio. La mediación suele ser beneficiosa cuando se trata de cuestiones de custodia y visitas de los hijos. Muchas partes en divorcio quieren intentar la mediación prematuramente y sin la asistencia de un abogado. Sin embargo, la mediación es mucho más exitosa si los abogados de las partes han podido limitar los temas en disputa y enfocar la mediación solo en los temas más difíciles del caso.

¿Qué pasa si mi cónyuge no participa en el proceso de divorcio? En Tennessee, si un cónyuge se niega a participar en el divorcio después de haber recibido una demanda de divorcio, existen formas de hacer avanzar el divorcio. Una vez que una de las partes haya presentado y notificado la demanda de divorcio a la otra parte, tendrá 30 días para presentar una respuesta a la demanda ante el tribunal. Si no se presenta una respuesta, su abogado puede presentar una moción de sentencia por defecto, que solicita al tribunal que conceda el divorcio por defecto. Si el juez determina que los documentos de divorcio se han entregado correctamente y ha habido tiempo suficiente para que la parte contraria presente su respuesta, el juez puede otorgar una sentencia por defecto para el divorcio, a pesar de que uno de los cónyuges no firmó nada ni participó en el proceso de divorcio.

¿Es Tennessee un estado de divorcio sin culpa? Sí. Tennessee ofrece divorcios por motivos tanto con culpa como sin culpa. Un motivo de divorcio sin culpa significa esencialmente que la pareja que se divorcia está de acuerdo con las declaraciones de la demanda de divorcio y solicita al tribunal que apruebe su divorcio acordado. Esto se conoce comúnmente como “diferencias irreconciliables” o divorcio sin disputa, lo que significa que la pareja que se divorcia acepta que no hay manera de reparar su relación y, por lo tanto, tienen diferencias irreconciliables que les impiden vivir juntos como marido y mujer. Este tipo de divorcio sólo se puede utilizar cuando el divorcio es de mutuo acuerdo y no hay disputa sobre cómo se deben dividir los bienes conyugales.

¿Cuánto cuesta un divorcio disputado? Es casi imposible estimar el costo de un divorcio con disputa. Es por eso que los abogados de divorcios generalmente exigen anticipos y facturan por horas para los divorcios con disputas. Para algunas parejas que se divorcian y que atraviesan un divorcio disputados, es decir, que hay algunas cuestiones en las que las partes no pueden ponerse de acuerdo, el costo puede ser de sólo unos pocos miles de dólares. Sin embargo, para las parejas que se divorcian y que están experimentando desacuerdos importantes en asuntos como la división de bienes, la custodia de los hijos y la pensión alimenticia, literalmente no hay límite en cuanto a lo que podría costar un divorcio.

¿Puedo restaurar mi apellido de soltera o soltero al momento del divorcio? Sí, una esposa que se divorcia puede restaurar su apellido acutal a su apellido de soltera como parte del procedimiento de divorcio, y es muy común que un cónyuge que se divorcia lo haga.

¿Qué tan rápido después de un divorcio puede un cónyuge volver a casarse? En Tennessee, no puede volver a casarse hasta que su divorcio haya sido definitivo durante 30 días, ya que existe un período de apelación de 30 días después de la emisión de la sentencia de divorcio. Sin embargo, el sentido común probablemente diría que, en cualquier caso, se le dé algo de tiempo antes de volver a casarse.

¿Puedo salir con otra persona mientras mi divorcio está pendiente? Aunque muchos cónyuges que se divorcian comienzan a salir una vez que se separan de su cónyuge, es importante recordar que entablar una relación romántica antes de que el divorcio sea definitivo todavía se considera adulterio. Dependiendo de los problemas de su caso, esto podría tener un impacto en el resultado de su divorcio. En resumen, no empieces a tener citas hasta que estés divorciado.

Para programar una consulta con nuestros abogados de divorcio, llame al 1-888-368-2269.

WHAT DOES DIVORCE WITH MINOR CHILDREN ENTAIL IN TENNESSEE?

Wed, 08 Oct 2025 19:40:17 GMT

What does divorce with minor children entail?

Division of Property: In a divorce in Tennessee, marital property is divided through equitable distribution. Marital property is everything that either party acquired after the marriage. Marital property must be divided equitably and in a reasonable and fair manner, though not necessarily equally. If one spouse has spent all of their time at home with the children, for example, the judge will consider that time as a homemaker as a substantial contribution to maintaining the household.

Who gets the house? The judge will consider the marital residence as marital property, not as an emotional place where the children should remain. If the parties cannot reach an agreement on who should remain in the house and how the other spouse should receive their share of the equity, the judge will order the sale of the house and divide any proceeds equitably.

Parenting Plan: In Tennessee, a Permanent Parenting Plan (PPP) is required for parents of minor children to obtain a divorce. PPPs can be completed by the parties or their attorneys and are formal, enforceable agreements.

If the parties cannot agree on the terms of a PPP, each parent must submit their own PPP proposal to the court and may be required to attend mediation to resolve their differences. If an agreement on the differences cannot be reached during mediation, the court will determine a PPP for the parties. Drafting a PPP correctly and in a manner that the judge will approve is very difficult and should not be attempted without the assistance of a qualified divorce attorney.

Parent Education Seminar: A parent education seminar provides parents with information on dealing with their children and each other during and after the divorce. In any divorce in which a PPP is entered, each parent must attend a class. However, if the parties have agreed on all the terms of the PPP, the parties may file a waiver requesting the court to waive the parent seminar requirement.

Child Support: Child support calculations are complicated, but essentially, the court will determine the parties' income and establish a total "household" income. A parenting schedule is then established, resulting in the total number of days each parent will exercise parenting time. The total household income is divided among those parenting days to provide a consistent standard of living for the child, regardless of the home they are in. See our educational center's publication on child support here for more information.

To schedule a consultation with our divorce attorneys, please call 1-888-368-2269.

¿CÓMO SE CALCULA LA MANUTENCIÓN INFANTIL EN TENNESSEE?

Wed, 08 Oct 2025 19:40:17 GMT

¿Cómo se calcula la manutención de los hijos?

Los cálculos de manutención infantil en Tennessee son complicados, pero esencialmente el tribunal determinará los ingresos de las partes y establecerá un ingreso total "del hogar". Luego se establece un horario de crianza, que da como resultado el número total de días que cada padre ejercerá el tiempo de crianza. Luego, el ingreso total del hogar se divide entre esos días de crianza, para proporcionar un nivel de vida constante para el niño, independientemente del hogar en el que se encuentre.

Los siguientes factores determinan la manutención de los hijos:

El ingreso bruto de cada padre.
La cantidad de tiempo que cada padre pasa con sus hijos.
El número de niños que reciben apoyo.

Los ingresos de cada padre:

En el caso más simple, su ingreso bruto se encontrará en su formulario W-2. Sin embargo, en algunos casos determinar los ingresos puede resultar más difícil. Como regla general, los ingresos incluyen todo el dinero recibido de cualquier fuente e incluye cosas como ganancias de juegos de azar, pagos por incapacidad, pagos de compensación laboral y dinero recibido de demandas o reclamos por lesiones personales.

La cantidad de tiempo que cada padre pasa con el niño:

Por lo general, cuanto más tiempo pasa un padre con su hijo, menos debe pagar en concepto de manutención. La lógica es que los padres gastarán dinero para satisfacer las necesidades y el bienestar de sus hijos cuando estén con ellos. La manutención de los hijos tiene como objetivo mantener ese apoyo financiero cuando los hijos están con su otro padre.

El número de niños que reciben apoyo:

La cantidad de niños que reciben manutención se tiene en cuenta en el monto total de manutención infantil necesaria, y los padres recibirán crédito en la hoja de cálculo de manutención infantil por cualquier manutención infantil que puedan estar pagando por niños con padres diferentes.

Otro crédito otorgado a cada padre:

Además de recibir crédito por cualquier otro niño que cada padre ya esté manteniendo, ambos padres recibirán crédito en la hoja de cálculo de manutención infantil por los gastos de cuidado infantil relacionados con el trabajo que están pagando y por las primas del seguro médico pagadas por la parte del seguro médico de los niños.

Los pasos básicos que tomará el tribunal para determinar la manutención de los hijos son:

Se realiza una determinación de los ingresos de las partes;
Se establece un ingreso total "del hogar" de ambas partes;
Se establece un horario de crianza, dando como resultado el número total de días que ejercerá cada padre; y
El ingreso total del hogar se divide entre esos días de crianza, para proporcionar un nivel de vida constante para el niño independientemente del hogar en el que se encuentre.

La manutención de los hijos es complicada. Le sugerimos contratar a un abogado para que le ayude a garantizar que la manutención de los hijos se haya calculado correctamente y que usted obtenga todo el crédito al que tiene derecho.

Para programar una consulta con nuestros abogados de divorcio, llame al 1-888-368-2269.

¿Por qué realmente necesitas contratar a un abogado/a?

Wed, 08 Oct 2025 19:40:17 GMT

¿Por qué realmente necesitas contratar a un abogado/a?

Todas las personas necesitan un abogado si presentan cargos criminales, ya sean de menor cuantía o de mayor cuantía. Las leyes en EEUU tienen la opción de que las personas puedan representarse a sí mismas pero es altamente recomendado que se contrate a un abogado, que se especialice y trabaje en estos temas todos los días, y éste sea el encargado de representarlo.

Por ejemplo, una persona puede ser acusada de delitos menores por conducir un automóvil a altas velocidades o por conducir bajo la influencia del alcohol o las drogas. Si bien estos son cargos por delitos menores y no delitos graves, las consecuencias pueden ser graves y pueden resultar en prisión.

Existen ciertas desventajas que surgen cuando una persona de habla hispana desea representarse a sí misma en los tribunales penales de Tennessee. Aunque el sistema legal debe responder a los inmigrantes que no hablan inglés, las autoridades no están completamente calificadas para atender a una persona de habla hispana que quiere hacerse cargo de su caso, y el idioma puede ser un impedimento. Incluso alguien con un conocimiento básico del idioma inglés tendría dificultades para defenderse, ya que la terminología legal va más allá del inglés cotidiano que se puede aprender en el día a día o en un curso de inglés no especializado en terminología legal.

Más importante aún, si alguien que enfrenta cargos penales tiene un estatus migratorio pendiente o no tiene ningún estatus migratorio, no sería recomendable que se represente a sí mismo, ya que las consecuencias pueden resultar en la pérdida de su estatus o podría enfrentar la deportación.

Por último, es de vital importancia un asesoramiento jurídico certero en cualquier ámbito. El precio que se paga ahora por un abogado puede ahorrarle miles de dólares en el futuro. Es mejor estar en manos expertas para evitar contratiempos y estar seguro de resolver los cargos enfrentados.

Si enfrenta un cargo penal, llame hoy a los abogados experimentados de Ryan C. Davis Law, PLLC al (615) 649-0110 para ayudarlo a comenzar a preparar su defensa.

Can a Passenger of a Vehicle be Charged with a DUI?

Wed, 08 Oct 2025 19:40:17 GMT

Can a Passenger of a Vehicle be Charged with a DUI?

Most people are aware that if you drive with a blood alcohol content of .08 percent or higher, or if you drive under the influence of drugs, you can be charged with driving under the influence in Tennessee. However, did you know that is it possible for a passenger in a vehicle to be charged with DUI?

Tennessee has a relatively unknown “DUI by consent” law, whereby if the owner of a vehicle allows an intoxicated person to drive his or her vehicle, the owner can also be charged with DUI by consent. Even more surprising is that the owner of the vehicle does not even have to be in his or her car at the time of the offense to be charged, provided there is some evidence they consented to an impaired person driving their car.

Not only can a passenger of a vehicle be charged with DUI for allowing an impaired driver to operate his or her vehicle, there are also several other ways a passenger can be charged with a DUI by consent. For example, a passenger who reaches over and grabs the steering wheel in an attempt to maintain proper lane position, or if a passenger causes the driver of the vehicle to lose control of the wheel, he or she can also face DUI charges for technically operating the vehicle. If a driver of a vehicle switches places with a passenger after being pulled over by law enforcement, both individuals can be charged with DUI. Furthermore, if a law enforcement officer is not certain who was driving the vehicle, both the driver and passenger of the vehicle can be charged with DUI.

What are the consequences for a DUI by Consent?

A DUI by consent carries the same potential penalties as a standard DUI. In Tennessee, a first offense for a DUI is punishable by a minimum of 48 hours to a maximum of 11 months and 29 days in jail. However, if the driver’s BAC is higher than a .20, the minimum jail sentence increases to 7 days (see our post on consequences for a DUI)

If you’re facing a DUI or DUI by consent charge, call the experienced criminal defense attorneys today at Ryan C. Davis Law, PLLC at (615) 649-0110 to help you begin preparing your defense.

How Does Tennessee's Driver's License Point System Work?

Wed, 08 Oct 2025 19:40:17 GMT

How Does Tennessee's Driver's License Point System Work?

A conviction for a traffic violation in Tennessee, such as speeding, failure to obey traffic instructions, texting while driving, or reckless driving, can add between 1 to 8 points on your driver’s license. As a driver accumulates points, they risk suspension of their driver’s license.

Ever wondered how many points different types of infractions result in? Us to.

Tennessee's DL Point System

Tickets and Court Abstractions where speed not indicated = 3
Speeding 1 through 5 mph in excess of speed zone = 1
Speeding 6 through 15 mph in excess of speed zone = 3
Speeding 16 through 25 mph in excess of speed zone = 4
Speeding 26 through 35 mph in excess of speed zone = 5
Speeding 36 through 45 mph in excess of speed zone = 6
Speeding 46 mph and above in excess of speed zone = 8
Speed is less than posted minimum = 3
Driving too fast for conditions, failure to reduce speed to avoid accident = 3
Operating at erratic or sudden changing speed = 3
Reckless Driving = 6
Careless or negligent driving = 4
Failing to obey traffic instructions = 4
Improper passing = 4
Wrong way, side or direction = 4
Following improperly = 3
Following emergency vehicle unlawfully = 3
Failing to yield the right-of-way = 4
Making improper turn = 3
Failure to signal direction or to reduce speed suddenly = 3
Stopping, standing, obstructing, or blocking traffic = 3
Coasting; operating gears disengaged = 3
Improper backing = 3
Improper starting, burning rubber, spinning tires, peeling out = 3
Driver view or mechanism obstructed = 3
Driving mountain highway-controlled/audible warning = 3
Inability to maintain control = 3
Improper operation of or riding on a motorcycle = 3
Improper lane or location, driving on roadways laned for traffic = 3
Use of controlled access roadway = 4
Inattentive driving, due care, failure to drive in careful manner, unsafe lookout, improper driving = 3
Cross private property to avoid stop sign or signal = 4
Operating a vehicle while using cell phone (under 18) = 6
Passing a stopped school bus, church or youth bus taking on or discharging passengers = 8
Violation of driver license or certificate restrictions = 6
Reckless endangerment by vehicle (misdemeanor) = 8
Miscellaneous traffic violations; any offense involving the unsafe operation of a non- commercial motor vehicle not herein specified = 3
Leaving the scene of a crash (no revocation action only) = 5
Failure to report a crash = 4
Failure to yield to emergency vehicles; Failure to change lanes/slow down for authorized vehicles on roadside = 6
Failure to stop at railroad crossing = 8
Texting while driving = 3
Handheld device = 3

How Long Do Points Stay On Your Driver’s License in Tennessee?

Any and all points remain on a driver’s license for 2 years.

What Happens If I Accumulate Points?

The number of points on a driver’s license is monitored by the Tennessee Department of Safety. The more points a driver accumulates, the more at risk they are for their license being suspended. If a driver accumulates more than 6 points within a 12-month period, the Tennessee Department of Safety will send the driver a notice of a proposed suspension of their driver’s license.

If a driver accumulates 12 or more points in 12 months, their driving privileges may be suspended. The Tennessee Department of Safety will send the driver a notice of proposed suspension and give the driver an opportunity to attend an administrative hearing, or they can complete an 8-hour defensive driving course within 90 days to avoid suspension. However, a driver may only take a defensive driving course to avoid having their driver’s license suspended once in a 5-year period. If the driver fails to request a hearing or complete the defensive driving course, their driving privileges will be suspended for a period of 6 to 12 month.

If you are facing a traffic violation or are at risk of your driver’s license being suspended, our experienced attorneys at Ryan C. Davis Law, PLLC can help. Give us a call at (615) 649-0110 to discuss your case.

What is the difference between Hemp and Marijuana?

Wed, 08 Oct 2025 19:40:17 GMT

What Is The Difference Between Hemp and Marijuana?

Hemp and marijuana are different varieties of the same cannabis plant. The best example I’ve been given to understand this is the comparison of caffeinated coffee and decaf coffee. Both are coffee, but the chemical makeup is different. The cannabis plant produces more than 100 different compounds, but the two most common (and most useful) are tetrahydrocannabinol (THC) and cannabidiol (CBD).

THC is a compound in the cannabis plant that has psychoactive effects that can make you feel “high,” among other effects. There are different types of THC compounds, but the most common are Delta-9 THC, Delta-8 THC, Delta-10 THC, and THC-O. Some of these compounds are found naturally, and others are manufactured. It’s important to note that most synthetic cannabinoids have not been properly tested for safety and efficacy in human studies.

Delta-9 THC is derived naturally from the cannabis plant, and is what most people are referring to when referencing marijuana or “weed.”
Delta-8 THC is an isomer, or chemical variant, of Delta-9 THC. It is found only at minuscule levels in natural cannabis. High levels of Delta-8 THC can only be produced artificially by chemically converting CBD or Delta-9 THC through a process known as isomerization.
Delta-10 THC is a completely synthetic isomer of Delta-9 THC that is believed to have less psychoactive effects than Delta-8 THC. Delta-10 is one of several isomers (Delta-6, Delta-7, etc) that do not occur naturally in cannabis, but instead are created synthetically in a lab.
THC-O acetate is another synthetic cannabinoid, and is believed to be stronger than Delta-9 THC.

CBD is a compound that has no psychoactive effects, and pure CBD does not contain any THC. CBD is believed by some to have calming, pain reducing, or anti-inflammatory benefits.

Importantly, the key difference between whether cannabis is considered hemp or marijuana is the delta-9 THC content found in the plant. Hemp is defined as cannabis that contains less than 0.3% delta-9 THC concentration by dry weight. Marijuana is defined as cannabis that has more than 0.3% delta-9 THC concentration by dry weight. Both hemp and marijuana also contain various levels of CBD.

What is legal in Tennessee?

Marijuana, which is distinguishable from hemp based on the amount of delta-9 THC, is illegal to grow or possess in Tennessee. However, derivatives of cannabis are not considered marijuana if the level of delta-9 THC in the product is less than 0.3%. (T.C.A. 39-17-402(16)). Thus, although forms of THC such as delta-8, delta-10, and THC-O can be just as psychoactive as delta-9 THC, there are currently no laws regulating those variations and as such, said forms of THC are currently legal.

What is Probation in Tennessee?

Wed, 08 Oct 2025 19:40:17 GMT

What Is Probation in Tennessee?

Keeping clients out of jail or reducing the amount of time that they may have to spend in jail is typically the primary goal for criminal defense attorneys. One way that this is accomplished is by seeking to have a defendant sentenced to probation instead of imprisonment. Probation is often included as part of a plea bargain reached between the defendant and the prosecutor for the state. So…what exactly is probation?

Probation was created by lawmakers in Tennessee and is used as an alternative to jail or prison. It allows a defendant to remain an active member of his or her community so long as the defendant adheres to the conditions of his or her probation. It is important to remember that when a defendant is sentenced to probation, they are being sentenced in lieu of jail. However, if they violate the terms of their probation, their jail or prison sentence will be put “into effect.”

Are All Offenses Eligible for Probation?

No. In Tennessee, a probation sentence cannot extend beyond 10 years. Thus, sentences that are longer than 10 years are not eligible for probation. A and B felonies are also not eligible for probation. Additionally, certain offenses have been deemed ineligible for probation by statute, and the sentences for those offenses must be served in prison.

How Long Does Probation Last?

The amount of time that a defendant remains on probation depends on the offense he or she was convicted of and the statutory sentencing range for that offense.

What Are the Terms of Probation in Tennessee?

While the Tennessee Department of Corrections does have standard probation conditions, the terms of probation for an individual defendant can vary from county to county and from judge to judge. Some common probation terms and conditions include the following:

Drug and Alcohol Testing: A defendant cannot use illegal drugs while on probation, and may be prohibited from drinking alcohol as well.
Reporting to a Probation Officer: In most counties in Tennessee, a defendant is assigned a probation officer. The defendant will be required to meet with their officer on a regular basis to show proof and verify they are being compliant with the terms of their probation.
Fines: Fines are usually determined by the specific criminal charge involved or are set by the judge.
Community Service: An individual on probation may be required to complete a certain amount of hours of community service work.
Counseling and/or Educational Programs: Counseling programs are commonly ordered for a defendant being charged with an alcohol or drug offense. Similarly, anger management classes may also be ordered in domestic abuse cases.
Ignition Interlock Device: An ignition interlock device is a device that is installed on your vehicle that prevents the vehicle from starting if alcohol is detected on the driver’s breath. This is often required for many alcohol related offenses.
Restitution: A defendant may be required to pay restitution for any property damage they caused or for things like a victim’s medical expenses.
Good and Lawful Behavior: While on probation, a defendant must stay out of trouble during his or her probation period and cannot be arrested or given a citation for any new criminal offenses.
Travel: A defendant may be prohibited from traveling out of state or out of their county of supervision.
People and Places: A defendant may be required to avoid certain people or places, such as fraternizing with convicted felons or other individuals on probation.

Is Probation the same as Parole?

No. Parole only applies to defendants who were sentenced to prison and not probation. In that event, a defendant applies for parole with the Board of Parole in a procedure known as a parole hearing.

There are many other aspects to probation, but the most important thing is to comply with the terms of probation and avoid being sentenced to jail or prison. Having zealous representation at a probation violation hearing is crucial. If you have questions about probation or have a pending probation violation, give our experienced Nashville criminal defense attorneys a call at (615) 649-0110 to discuss your case.

How do you Probate an Estate in Tennessee?

Wed, 08 Oct 2025 19:40:17 GMT

How do you Probate an Estate in Tennessee?

Probate is the process used under the law to settle the estate of someone who has died with the court’s supervision. A person is either appointed under a will as the executor of the estate, or, if there is not a will, the next of kin will typically be appointed as the administrator. The executor or administrator is approved by the court and given the legal authority to act on behalf of the deceased’s estate. The responsibilities of the executor or administrator include gathering and valuing the assets owned by the estate, paying necessary bills and taxes before the proceeds of the estate are distributed, and distributing the assets to the heirs or beneficiaries.

Do You Have to Probate an Estate?

Whether or not an estate must be probated depends on whether the deceased had a valid will, how much property is in the estate, and the wishes of all of the heirs or beneficiaries. An experienced probate attorney can walk you through the probate process from start to finish and determine if there are other more efficient and cost-effective ways to distribute an estate.

What Other Options Are Available to Distribute Estate Property?

In Tennessee, options other than opening a full probate estate include the following: (1) Small Estate Affidavit; (2) Probate for Muniment of Title; and an (3) Affidavit of Heirship.

A Small Estate Affidavit is a more simple, cost-effective, and efficient way to distribute an estate. However, a Small Estate Affidavit is not an option if the decedent had a valid will or if there was any real property. Additionally, a Small Estate Affidavit cannot be used if the total property value in the decedent’s estate exceeds $50,000.

If the only thing in a decedent’s estate is real property, then you may utilize Probate for Muniment of Title or an Affidavit of Heirship. Ordinarily real property does not come into a deceased’s estate. However, a decedent may bring real property into their estate if they included real property in their will. In that event, the executor may file a Petition to Probate for Muniment of Title, which only transfers ownership of real property.

Similarly, an Affidavit of Heirship is used to transfer ownership of real property. However, an Affidavit of Heirship is not appropriate if the deceased included the real property in their will.

While there are many factors to consider when deciding how to manage a loved one’s estate, it is important to consider whether the decedent had a valid will, whether the decedent had any real property, and the estimated value of the estate. Call our experienced probate attorneys at 615-649-0110 today to schedule a complimentary consultation.

What Is A Small Estate Affidavit?

Wed, 08 Oct 2025 19:40:17 GMT

What Is A Small Estate Affidavit in Tennessee?

Under Tennessee Code Annotated § 30-4-101 et seq., a “small estate” is defined to mean an estate in which the value of the property does not exceed $50,000. As of July 1, 2022, a small estate affidavit cannot be used if the decedent had a will or if the decedent had any interest in real property.

What Are the Benefits of a Small Estate Affidavit?

Generally, small estate affidavits are more efficient and cost-effective compared to the typical probate process. A full probate requires a number of filing and takes at least four (4) months. On the other hand, a small estate administration is considerably less complex, requires less filings, and can typically be resolved much faster.

Determining Property Value for a Small Estate Affidavit

Under the small estate statute, property is limited to personal property owned by the decedent at the time of death. This does not include any personal property payable to a beneficiary other than the decedent’s estate. For example, if there is a life insurance policy for $100,000, this life insurance policy would not be considered the decedent’s property if there was a designated beneficiary. Conversely, if the life insurance policy did not have a designated beneficiary, then it may come into the estate and would count towards the decedent’s property value.

What is Needed for a Small Estate Affidavit?

After forty-five (45) days from the decedent’s date of death, a Small Estate Affidavit can be filed with the probate court in the county where the decedent resided at the time of their death. This Affidavit must include: (1) whether the decedent left a will; (2) a list of any unpaid debt; (3) a description of the decedent’s property including the property value; and (4) the names, ages, addresses, and relationship of any heirs.

How Do I Get Started?

While a Small Estate Affidavit is considerably less complex than a formal probate matter, it can still be complicated and confusing if you are not familiar with the process. It is always a good idea to consult an experienced probate attorney to help you through the process. We would be happy to help you navigate this process. Call our experienced probate attorneys in Nashville, Tennessee today 615.649.0110 to schedule a consultation.

What Are the Felony Sentencing Ranges in Tennessee?

Wed, 08 Oct 2025 19:40:17 GMT

What Are the Felony Sentencing Ranges in Tennessee?

Tennessee classifies crimes as either Felonies or Misdemeanors. A Misdemeanor can range from Class A to Class C, with Class A being the most serious. If convicted of a Class A Misdemeanor, you are subject to up to eleven months and twenty-nine days in jail and a fine of up to $2,500. A Class B Misdemeanor is punishable by up to six months in jail and a fine of up to $500. A Class C Misdemeanor is punishable by up to thirty days in jail and a fine of up to $50.

Sentencing for a Felony conviction in Tennessee is determined, in part, based on the Felony class of the offense and the prior felony criminal history of the defendant. Depending on the Felony Class and the offender's criminal history, a felony conviction in Tennessee can carry a sentence from one year to up to sixty years in prison.

Similar to misdemeanors in Tennessee, felonies in Tennessee range from Class A, as the most severe, to Class E, the least severe. A Class A felony carries a possible sentence of fifteen to sixty years in prison and fines of up to $50,000. A Class B felony carries a possible sentence of eight to thirty years in prison and fines of up to $25,000. A Class C felony carries a potential sentence of three to fifteen years in prison and fines of up to $10,000. A Class D felony carries a possible sentence of two to twelve years in prison and fines of up to $5,000. A Class E felony carries a potential sentence of one to six years in prison and fines of up to $3,000. Where in that range a defendant falls will depend on what “Range” offender they are.

After a felony conviction, but before sentencing, the judge determines what “range” a defendant falls into for each class of felonies, based upon the defendant's criminal history. Sentencing range calculation is very complicated, but we will attempt to simplify it here. In short, the lower a defendant’s range is, the shorter the prison sentence will be and the earlier they will be eligible for parole.

The first range is called “Especially Mitigated,” which in reality is rarely found. But if a defendant has 0 priors and is deemed an especially mitigated offender, they can receive a 10% reduction in their sentence and are typically eligible for parole once 20% of the sentence has been served.

Next is a “Range 1- Standard” offender. In order to be deemed Range 1, a defendant can have only one prior felony conviction, depending on the class of that felony conviction. Range 1 offenders are typically eligible for parole after serving 30% of their sentence.

A defendant with two to four priors in the same felony class as the current charge, or two to four priors in any felony class higher than the current offense, will be deemed to be a “Range 2- Multiple” offender. Additionally, a defendant with one prior A Felony conviction, if the current charge is an A or B felony, will also be deemed a Range 2 offender. Range 2 offenders are typically eligible for parole after serving 35% of their sentence.

The next range is “Range 3- Persistent.” In order to be deemed a Range 3 offender, a defendant must have any of the following: 1) five or more felony convictions in the class of the offense charged, 2) five or more felony convictions in any higher class or within 2 classes down from the current offense, or 3) two prior A felony convictions. Additionally, if the current offense is an A or B felony, a defendant will be deemed a Range 3 offender if they have three prior convictions of any combination of A or B felonies. Range 3 offenders are typically eligible for parole after serving 45% of their sentence.

Finally, a defendant can be deemed a “Career Offender” under the following circumstances; If the current offense charged is an A, B, or C felony, any combination of six prior A, B, or C felonies would result in a determination that the defendant is a Career Offender. Additionally, If the current offense charged is an A or B felony, either three A felony convictions or a combination of four A or B felony convictions would qualify. Also, if the current offense charged is a D or E felony, any combination of six prior D or E felonies would result in Career Offender status. A Career Offender must typically serve 60% of their sentence before being eligible for parole.

At a sentencing hearing, a judge is given the discretion to sentence an offender within the applicable ranges for each felony class. When making sentencing decisions, the court looks to numerous factors, including the seriousness of the offense, public safety, and rehabilitation. The judge can also consider non-prison sentencing alternatives such as probation, work release, community service, and fines or restitution.

Also keep in mind that as of July 1, 2022, many felony offenses in Tennessee now carry a minimum 85% or 100% service of the sentence in prison. Thus, the Tennessee legislature has largely eliminated the ability of a judge to exercise his or her discretion for many offenses when determining how much of a defendant's sentence must be served in prison.

If you are facing misdemeanor or felony charges in Tennessee, it pays to have a lawyer who is familiar with Tennessee's criminal justice system and the complex sentencing guidelines. Call 615.649.0110 to schedule a consult with a qualified criminal defense attorney today.

What Constitutes a Substantial and Material Change in Circumstances?

Wed, 08 Oct 2025 19:40:17 GMT

What Constitutes a Substantial and Material Change in Circumstances?

Prior to any modifications or changes to a permanent parenting plan in Tennessee, there must first be a substantial and material change in circumstances. This determination will depend on the specific facts of your case.

A substantial and material change in circumstances does not require a substantial risk of harm to the child, but the change must alter the conditions of the child’s life in a way that a modification is in the best interest of the child or children. The following are examples of situations that may constitute a substantial and material change in circumstances justifying a modification of the parenting plan:

Remarriage of a party
One parent attempting to impair or interfere with the child’s relationship with the other parent
Changes in the home surroundings
Mistreatment of a child by a parent or a stepparent
A parent’s drug or alcohol abuse
A parent’s criminal convictio
A parent’s failure to comply with a CPS family service plan;
Taking a child out of state or denying possession
A parent’s relocation
A child’s desire
Changes relating to the child’s age
Changes in a parent’s living or working conditions
Failure to adhere to the parenting plan

This list, however, is not exhaustive and determining whether there has been a substantial and material change in circumstances depends on the specific facts of your case. Modifying an existing parenting plan or custody agreement can be complicated and time consuming. It is best to hire an experienced family law attorney who can help guide you through these difficult times. Ryan C. Davis Law is here to help you prepare a plan tailored to your goals. Reach out to us at 615-649-0110 to discuss the specific circumstances of your case and learn what options may be available to you.

When Is the Modification of a Parenting Plan in the Best Interest of the Child?

Wed, 08 Oct 2025 19:40:17 GMT

When Is the Modification of a Parenting Plan in the Best Interest of the Child?

There are two conditions that apply to every modification of a permanent parenting plan or child custody agreement. First, you must prove that there has been a substantial and material change in circumstances since the parenting plan or child custody agreement was ordered by the court. Second, if there has been a substantial and material change in circumstances, you must prove that any modification or change will serve the best interests of the child or children.

In determining whether a change meets the best interests of the child, the court should consider all relevant factors, including the following:

The strength, nature, and stability of the child’s relationship with each parent, including whether one parent has performed the majority of parenting responsibilities relating to the daily needs of the child;
Each parent’s or caregiver’s past and potential for future performance of parenting responsibilities;
The disposition of each parent to provide the child with food, clothing, medical care, education and other necessary care;
The degree to which a parent has been the primary caregiver;
The love, affection, and emotional ties existing between each parent and the child;
The emotional needs and developmental level of the child;
The moral, physical, mental and emotional fitness of each parent as it relates to their ability to parent the child;
The child’s interaction and interrelationships with siblings, other relatives and step-relatives, and mentors, as well as the child’s involvement with the child’s physical surroundings, school, or other significant activities;
The importance of continuity in the child’s life and the length of time the child has lived in a stable, satisfactory environment;
Evidence of physical or emotional abuse to the child, to the other parent, or to any other person;
The character and behavior of any other person who resides in or frequents the home of a parent and such person’s interactions with the child;
The reasonable preference of the child if twelve years of age or older; and
Each parent’s employment schedule.

Of course, these are just a few examples of factors that the court may consider. Ultimately, whether a modification of the parenting plan or a change in custody is in the best interest of the child depends on the specific facts of each individual case. If you are looking to change your current parenting plan, you should begin the process by consulting with an experienced family law attorney. Each case is unique and will require a strategy tailored to your goals. Our family law attorneys are here to provide you with the guidance you need for the custody arrangement that is best for your child. Call 615-649-0110 to schedule a consultation today.

Modifying a Permanent Parenting Plan

Wed, 08 Oct 2025 19:40:17 GMT

Modifying a Permanent Parenting Plan

Anytime that parties with minor children are divorcing, a “permanent parenting plan” is required before the divorce can be finalized. Parties that have not been married may also have a permanent parenting plan as a result of a juvenile court proceeding. The permanent parenting plan essentially establishes the parties total number of parenting days each year, how holidays are divided, how much child support is to be paid, and who is responsible for things like health insurance.

In an attempt to provide children with stability and predictability, a permanent parenting plan is intended to be as “permanent” as possible, but there are times when a modification is both appropriate and necessary. However, before a court can modify a permanent parenting plan, or otherwise change custody of a child, the court must consider whether there has been a substantial and material change in circumstances that justifies the change. If there has not been a substantial and material change in circumstances then the court will not modify the parenting plan or make any custody changes. However, if there is a substantial and material change in circumstances, you must also prove that the modification is in the best interests of the child.

Generally speaking, a substantial and material change in circumstances is something that alters the conditions of the child’s life significantly enough to justify the court making a change. However, the threshold in determining whether a substantial and material change in circumstances exists depends on the significance of the requested modification. For example, if you are the alternate residential parent and you want to modify the parenting plan to become the primary residential parent, the threshold is significantly higher than it would be if you wanted one more week of parenting time in the summer. Nonetheless, no matter what the threshold, determining whether a substantial and material change in circumstances exists depends on what has changed since the last court order. For examples of what may constitute a substantial and material change in circumstances see our Education Center post on What Constitutes a Substantial and Material Change in Circumstances.

If you are able to prove that there has been a substantial and material change in circumstances, the Court will then consider whether the modification serves the best interest of the child. Tennessee Code Annotated § 36-6-106 lays out relevant factors that the court should consider when making this determination. For more information about the factors the court considers, see our Education Center post Is the Modification of the Parenting Plan in the Best Interest of the Child.

If there has been a substantial and material change in circumstances such that a modification of the permanent parenting plan is in the best interest of the child, then the courts may modify your parenting plan and give you more time with your child. An experienced family law attorney can advocate on your behalf in custody and child support disputes. The attorneys at Ryan C. Davis Law, PLLC provide comprehensive legal guidance to individuals in all aspects of family law, including child support, child custody, and divorce matters. Call 615-649-0110 to schedule a consultation today.

You’ve been contacted by a Department of Health or Board of Nursing investigator; now what?

Wed, 08 Oct 2025 19:40:17 GMT

You’re a Registered Nurse and you've been contacted by a Department of Health or Board of Nursing investigator; now what?

If you are contacted by an investigator that means a complaint has been filed against you and the complaint has been deemed serious enough to investigate. You will likely receive a phone call or letter addressed to you. At this point, you should contact an attorney, as you have the right to be represented by counsel.

The Department of Health investigator is charged with interviewing anyone deemed relevant to the complaint, including other nurses, doctors and patients. The investigator will also review your charts. Even if you do not think you have done anything wrong, the complaint has been deemed credible and what you say or do not say during the investigation can ultimately determine whether formal charges are brought against you.

The Tennessee Board of Nursing can subject a nurse to discipline for any unprofessional conduct, unfitness, or incompetency by reasons of negligence, habits or other causes. In other words, the Board of Nursing has the authority to discipline a nurse for any reason. However, the most frequent areas of discipline involve drug or alcohol abuse, patient neglect, and causing harm to a patient.

If you or someone you know has been contacted by an investigator your nursing license and your livelihood is on the line. Contact our firm at 615-649-0110 for a free consultation with one of our qualified Nursing Licensure Defense attorneys to discuss your case.

You’ve been interviewed by an investigator with the Tennessee Department of Health; now what?

Wed, 08 Oct 2025 19:40:17 GMT

You’re a Registered Nurse and you've been interviewed by an investigator with the Tennessee Department of Health; now what?

Following an interview with an investigator, the investigator will begin preparing a report which will include all evidence collected, a summary of interviews, and recommendations. The report will then be handed over to an attorney in the Department of Health Office of General Counsel. Together with a consultant, the attorney will decide whether to proceed with formal charges, issue a warning, or dismiss the complaint administratively.

If the decision is made to proceed with formal charges you will receive a 4-5-320(c) notice and a consent order.

After being interviewed, it will likely take months before you receive notification of the outcome of the investigation. In the interim you should do the following:

Hire an attorney. An attorney can properly advise you on what to expect and appropriate next steps.
If able, continue your practice. Unless your license is summarily suspended, your license is valid and unencumbered during the pending investigation.
If areas of improvement have been identified during the investigation, be proactive and take steps to improve.
If the investigation was sparked by drug or alcohol abuse, seek appropriate treatment.

If you have been interviewed by an investigator, contact Ryan C. Davis Law, PLLC today for a free consultation with one of our qualified Nursing Licensure Defense attorneys.

You received a 4-5-320(c) notification; now what?

Wed, 08 Oct 2025 19:40:17 GMT

You’re a Registered Nurse and you received a 4-5-320(c) notification; now what?

If you receive a 4-5-320(c) notification, you are at risk of your nursing license being revoked, suspended, or withdrawn. This notification means that the Board of Nursing has investigated a complaint against you and has found enough evidence to proceed with formal charges. However, before the Board of Nursing can revoke, suspend, or withdraw your nursing license, you will be given an opportunity to show that you have been compliant with all licensing requirements.

Included with the 4-5-320(c) notification is a consent order which states stipulated facts with which you are charged and the discipline the Board of Nursing seeks to impose. At this point, even if you think the discipline is minor, if you have not already contacted an attorney specializing in licensure defense, you should do so immediately.

An attorney can help you navigate your three options:

Sign the consent order and send it back to the Board of Nursing;
Negotiate the facts and discipline in the consent order before signing; or
Do not sign the consent order.

If you do not sign the consent order, the Board of Nursing will file a notice of charges and initiate formal proceedings, ultimately resulting in a hearing before the Board.

However, even if you choose to sign the consent order, an attorney can help you negotiate more favorable discipline and amend the stipulated facts, making them more favorable. Remember, once the consent order is signed and approved, it becomes public record and can affect your employability.

How Do I Create a Valid Will?

Wed, 08 Oct 2025 19:40:17 GMT

End-of-Life Planning

What is a will? A will is a document created when an individual puts into writing how they would like their assets distributed after death. An individual could make sure that their family or friends receive things like their land, money, or personal items after death. Someone with children under the age of 18 could also name the preferred guardian for their children in their will.

How do I create a valid will? It can be very tricky to make sure wills include all the proper elements to make it valid and able to withstand someone contesting it in court. A will can be created by anyone 18 years and older. It must be in writing. Furthermore, the individual creating the will must sign the will in front of two witnesses and then those two witnesses must also sign the will. To ensure that all the parts of a will are done correctly, it is important to hire an attorney who can guide you through the will creation process.

What if I want to change my will? There are two ways to “change” a will. One option is to create a codicil. A codicil is an addendum to the original will. When creating a codicil, the individual cannot just cross out a provision and write something different. The changed part of the will, the codicil, needs to also be signed and witnesses by two individuals. Another option, and the preferred one, is to destroy the original will completely and rewrite a new will.

What else should I plan for in my estate planning? A will only directs what happens to an individual’s assets following their death. This does not account for the creation of trusts, insurance policies, tax avoidance, and end of life wishes. It is best to hire a trusted attorney to tailor documents for an estate to what works best for each individual person.

What happens if I die without a will? Dying without a will is referred to as dying “intestate.” When this happens, the decedent’s assets are split up and distributed according to the laws of “intestate succession”. In Tennessee, the assets would be split up as follows, depending on who has predeceased the decedent.

While intestacy often times distributes assets as the decedent would have liked anyways, it is always preferred to have a will outlining who gets what to ensure that no one can contest the distribution of assets.

Creating a will and thinking about how you want your assets distributed after your death can feel daunting and overwhelming. Trust the experienced attorneys at Ryan C. Davis Law, PLLC to assist you with this important process. Your loved ones will be glad that you did.

For more information on End-of-Life Planning, check out our additional Education Center posts on this topic.

WHAT IS JUDICIAL DIVERSION?

Wed, 08 Oct 2025 19:40:17 GMT

What is Judicial Diversion? Judicial Diversion is an incredible privilege and opportunity that, if treated as such, affords someone charged with a crime a genuine opportunity to learn from their mistakes without suffering the life altering consequences of a criminal conviction. Under T.C.A. §40-35-313, Judicial Diversion allows a qualified defendant to enter a conditional guilty plea and after the defendant successfully completes probation, the charge is dismissed and can be permanently expunged from the defendant’s record.

A “qualified defendant” for Judicial Diversion, pursuant to T.C.A. §40-35-313(a)(1)(B)(i), means a defendant who:

Pleads guilty or nolo contendre to the charges;
Is not seeking deferral of further proceedings for any offense committed by any elected or appointed person in the executive, legislative, or judicial branch of the state or any political subdivision of the state, which offense was committed in the person’s official capacity or involved the duties of the person’s office;
Is not seeking Judicial Diversion for a sexual offense in violation of T.C.A §39-15-502, §71-6-117, or §71-6-119;
Is not seeking Judicial Diversion for driving under the influence of an intoxicant as prohibited by T.C.A. §55-10-401, vehicular assault under T.C.A. §39-13-106 prior to service of the minimum sentence required by T.C.A. §39-13-106;
Is not seeking Judicial Diversion for a Class A or B felony;
Has not previously been convicted of a felony or a Class A misdemeanor for which a period of incarceration is served;
Has not previously been granted Judicial Diversion or Pretrial Diversion.

If a defendant is eligible for Judicial Diversion and either the district attorney’s office or the judge agrees to it, he or she will be conditionally sentenced to probation in lieu of incarceration. However, a recent change in the judicial diversion law does allow for up to 30 days to be served in jail prior to beginning the probation sentence. How long the probation period would be could range from 1 to 10 years depending on the charges, but typically judicial diversion sentences are less than 5 years. There are also additional conditions attached to probation in many cases, such as community service work, fines, treatment, and/or counseling. If the probationary period is successfully completed, the defendant can have the charges dismissed and permanently expunged from his or her record.

However, if the defendant violates the terms and conditions of probation or receives a new criminal charge during the probationary period, the judge may enter a permanent judgment of guilty and proceed with sentencing the defendant, including requiring the defendant to serve jail time. Thus, during the diversion probationary period, it is essential that the defendant maintain good and lawful conduct, in addition to complying with any and all condition of his or her probation.

Can I Get Judicial Diversion for my Current Charges? There are many factors that affect someone’s eligibility for Judicial Diversion, and this question can only be answered on a case-by-case basis. Before someone can be placed on Judicial Diversion, their attorney must submit a diversion application to the Tennessee Bureau of Investigation, after which the T.B.I. will provide a certificate that either confirms or denies eligibility for Judicial Diversion. The fee for this request is $100. The laws governing Judicial Diversion are complex and are often changing. Don’t assume you are eligible without first consulting an attorney. If you have been charged with a crime in Nashville or Middle Tennessee, call the criminal defense attorneys at Ryan C. Davis Law, PLLC at (615) 649-0110 to ensure that you receive a fair outcome in your case.

How is Property Divided in a Divorce in Tennessee?

Wed, 08 Oct 2025 19:40:17 GMT

How is Property Divided in a Divorce in Tennessee?

Property owned during a marriage in Tennessee is classified as either separate property or martial property. Understanding the difference is vital for many spouses when considering divorce because while marital property is divided among the divorcing spouses, separate property is not.

Separate property or “non-marital property” generally consists of all real and personal property owned before marriage, in addition to gifts and inheritances acquired at any time. Separate property is not subject to equitable division by a divorce court. Thus, each spouse keeps his or her separate property following a divorce. On the other hand, marital property is defined as any assets or property acquired by either you or your spouse during the marriage.

Tennessee is an “equitable distribution” state which means that the court must divide marital property equitably. However, an equitable division of marital property does not necessarily mean an equal division of property, and marital property will not always be divided 50/50.

Under Tennessee law, there are several factors considered by the court when equitably dividing marital property:

The duration of the marriage;
The age, physical and mental health, vocational skills, employability, earning capacity, estate, financial liabilities and financial needs of each of the parties;
The tangible or intangible contribution by one party to the education, training, or increased earning power of the other party;
The relative ability of each party for future acquisitions of capital assets and income;
The contribution of each party to the acquisition, preservation, appreciation, depreciation or dissipation of the marital or separate property, including the contribution of a party to the marriage as homemaker, wage earner or parent, with the contribution of a party as homemaker or wage earner to be given the same weight if each party has fulfilled its role;
The value of the separate property of each party;
The estate of each party at the time of the marriage;
The economic circumstances of each party at the time the division of property is to become effective;
The tax consequences to each party, costs associated with the reasonably foreseeable sale of the asset, and other reasonably foreseeable expenses associated with the asset;
The amount of social security benefits available to each spouse; and
Such other factors as are necessary to consider the equities between the parties.

Furthermore, under Tennessee law, separate property or the appreciation of that separate property can become marital property. If the non-owning spouse proves that both spouses substantially contributed to the separate property’s preservation and appreciation, the income and appreciation of that separate property during the marriage may be classified as marital property. A substantial contribution may include, but is not limited to, the direct or indirect contributions of a spouse as a homemaker, wage earner, parent or family financial manager, together with other factors that court may determine.

There are also two additional ways under Tennessee law that separate property can become marital property: transmutation and commingling. Transmutation occurs when separate property is treated in a manner as to give evidence of an intention that it becomes marital property. Commingling occurs when separate property is “inextricably mingled” with marital property or with the separate property of the other spouse.

For more information on Divorce in Nashville, Tennesse, check out our Education Center. Divorce is a big life decision with serious ramifications relating to property division. If you are considering divorce, call the attorneys at Ryan C. Davis Law, PLLC today at (615) 649-0110.

SHOULD I AGREE TO PERFORM A FIELD SOBRIETY TEST?

Wed, 08 Oct 2025 19:40:17 GMT

Should I agree to take a Field Sobriety Test? Are they reliable? What happens if I refuse? One of the most humiliating experiences a citizen can go through is standing alongside a highway in front of blue lights, while an officer subjects you to field sobriety tests. If you ever find yourself in this situation, there are some facts you should know before subjecting yourself to these tests. First of all, there are no laws that require you to submit to any field sobriety tests. Accordingly, you should politely refuse to participate in them, and there will be no legal consequences for you doing so. Police officers know this; however, they are under no obligation to inform you of this right. Keep in mind, if an officer is asking you to perform field sobriety tests, they likely already believe you are impaired. This biased opinion of the officer will also affect how they rate your performance.

Field sobriety tests were developed in the 1970’s to help officers find probable cause of an intoxicated driver. The three most common tests are the walk and turn, one leg stand, and horizontal gaze nystagmus test, where an officer asks a driver to follow an object with his or her eyes. These three tests have been standardized by the National Highway Transportation Safety Administration. There are also non-standardized tests which an officer may perform, including the finger to nose test, the finger count test, and the backward count test. In spite of the training and standardization that NHTSA provides to law enforcement, scientific studies have shown that even when administered perfectly, field sobriety tests are less than 77% accurate. Why would you willingly subject yourself to a test that has such a low rate of accuracy? Field sobriety tests are not scientific in nature and the officer’s conclusions are based solely on how he or she feels you are performing. Additionally, many officers are not properly trained in explaining and administering these tests. Further, if you are elderly, significantly overweight, or suffer from back or leg injuries, officers are not supposed to ask you to perform field sobriety tests, as these conditions will lead to false conclusions. Lastly, you should know that these tests may not have any effect on whether or not the officer decides you are intoxicated. Even if you perform well on each test, the officer may still decide that he has a reason to believe you are driving under the influence and place you under arrest.

Please note that while you can refuse field sobriety tests without consequences, that is not the case regarding breath or blood tests. For more information on refusing chemical tests, check out our post on Breath and Blood Tests.

If you are asked to perform a Field Sobriety Test:

Politely decline and stop talking
Provide your license and insurance info promptly
Do not admit to consuming any alcohol
Do not answer any questions
Do not argue or make excuses
Ask if you are free to leave

CAN I HAVE MY CRIMINAL CHARGES EXPUNGED?

Wed, 08 Oct 2025 19:40:17 GMT

Can I Expunge My Criminal Record? Expungement is a process by which you may have a criminal charge completely removed from your record. Only certain defendants are eligible for expungement, and eligibility depends on the charges. First of all, most criminal charges that have been dismissed, nolle’d (nolle prosequi), or resulted in a not guilty verdict can be expunged, and there should be no charge for this unless your charges were “dismissed with court costs.” If so, that means you must pay the court costs of your case before you can have the charge expunged. Additionally, if your criminal case was retired, your charges are eligible for expungement once the period of retirement has ended, provided you complied with the conditions of retirement and the State did not reopen your case.

For charges that resulted in a criminal conviction, some convictions may still be eligible for expungement under relatively new laws passed in 2012. Under T.C.A. § 40-32-101(g), a qualifying conviction may be expunged if the individual has no other convictions for any criminal offense anywhere other than the one to be expunged, and at least five years has elapsed since the completion of the sentence imposed. Most A misdemeanors and below are eligible, with some exceptions, such as DUI, assault, and sex crimes. As of July 1, 2021, the list of eligible felonies was expanded to include several non-violent Class C and Class D felonies, in addition to previous eligible Class E felonies. The list of convictions eligible for expungement under § 40-32-101(g) is long and can change over time, so you should consult with an attorney or visit the court clerk’s office regarding your specific conviction. For expungement of Class E felonies, 5 years must have elapsed since the completion of the sentence, while expungement of eligible Class C and D felonies requires that a period of 10 years has elapsed since the completion of the sentence.

Similarly, § 40-32-101(k) states that an individual with two (2) qualifying misdemeanors OR one (1) qualifying misdemeanor and one (1) qualifying felony, as set forth in § 40-32-101(g), may have a conviction expunged. All of the conditions listed in § 40-32-101(g) must be satisfied for a section k expungement as well, including the passage of the required time period without any subsequent criminal convictions.

Pursuing expungement under § 40-32-101 requires that a petition be filed, and the process varies from county to county. While the assistance of an attorney is not required, it is recommended. Finally, it's important to distinguish expungement under §40-32-101 from pre-trial or judicial diversion. You can read more about diversion here. Whatever the mechanism, many people have criminal convictions or dismissed charges on their record that they don’t realize can be expunged. Your criminal history, even on dismissed charges, can have a major impact on your employment and housing options. If you think you may be eligible to have your charges expunged, contact our office and we would be glad to assist you.

Can I get a DUI for Driving While Under the Influence of Marijuana?

Wed, 08 Oct 2025 19:40:17 GMT

Most people know that driving under the influence of alcohol while having a blood alcohol content (BAC) above .08 is illegal and can lead to a DUI arrest and conviction. However, driving under the influence is not limited to just the “influence of alcohol.”

Tennessee Code Ann. §55-10-401 states that “It is unlawful for any person to drive or to be in physical control of any automobile…(1) while under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof that impairs the driver's ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of oneself that the driver would otherwise possess…”

Therefore, in Tennessee, a driver can be convicted of DUI if he or she has taken any type of intoxicating substance, including marijuana, prior to getting behind the wheel of an automobile. Additionally, under this law, you can be convicted of DUI if you have a detectible level of an illicit substance or its metabolites in your system. However, there is currently no per se limit to how much THC or a THC metabolite can be present in your system.

Inactive metabolites of THC (the psychoactive compound in marijuana) can remain in your body for several weeks and sometimes months, even though the “high” from marijuana lasts under an hour for most people. Thus, even though you may not be impaired by marijuana, you can be charged with DUI simply because you have a detectable level of THC in your system.

Law Enforcement and prosecutors don’t really understand, or want to understand, the differences in how THC shows up in blood tests. They are hoping that your attorney will not understand the science behind THC levels, and that they will be able to convict you of DUI anyway. Furthermore, and most importantly, the THC levels found in blood tests vary greatly person to person, depending on how frequently they use. There is no consistent measure of THC that indicates impairment, as opposed to BAC with alcohol. Very, very few people arrested for DUI as a result of THC were actually driving impaired. Unless someone was using marijuana while they're driving or just before they were driving, they were probably not imparied as a result of marijuana.

If you’re facing DUI charges related to marijuana, call the criminal defense attorneys at Ryan C. Davis Law, PLLC today. We understand the science that the government would like to ignore, and can help you begin preparing your defense to these charges today.

Click here for more marijuana related education center posts.

Does an unmarried father in Tennessee have custody rights to his child?

Wed, 08 Oct 2025 19:40:17 GMT

Who receives custody of a child when the parents are not married? In Tennessee, an unmarried mother automatically has physical and legal custody of her child. Because of this, unmarried fathers may face challenges when attempting to gain shared custody of their child. In these situations, it is important that a father wishing to establish his parental rights seek the help of an experienced family law attorney.

How can an unmarried father obtain custody or visitation rights for his child? The first step a father can take to receive custody rights is to first establish paternity. A presumption of paternity only exists if:

The parents were married to each other at the time of birth or within 300 days prior to it.
The parents married after the child’s birth and the man registered as a putative father, consented to be listed on the child’s birth certificate, or consented to provide support to the child.
The nonparent man has brought the child into his home and held him out as his son or daughter.

How can an unmarried father establish paternity? The father and mother can always agree to a Voluntary Acknowledgement of Paternity document at the hospital to establish paternity. However, if the parents aren’t able to come to this type of agreement, a father may file a petition to establish paternity in a Tennessee court. In Nashville and in most counties, this petition would be filed in Juvenile Court. After the petition is filed, the court may order DNA testing to establish paternity. If the father is able to successfully prove paternity, the court then enters an order of parentage to legally establish the father’s paternity.

How does an unmarried father receive custody once he has established paternity? Once parentage has been established, the father can then petition the court for custody or visitation time with his child. The court makes all child custody decisions at their own discretion and every case is different, but the court will keep the best interests of the child in mind. The parents will have to either agree to a Permanent Parenting Plan, or if an agreement cannot be reached, both parties can submit their proposed parenting plans to the court and the judge will decide, following a trial, what the best parenting plan is for the child. This plan will establish, among other things, who the primary residential parent will be, what the parenting schedule will be (including holidays and school vacations), and what the child support obligation will be for the alternative residential parent.

If you are an unmarried father that is being prevented from spending time with your child, it can be a challenge to receive the parenting time that you want. If you wish to assert your right to play an active role as a father in your child’s life, you need an advocate to keep you and your child’s best interests in mind. Call the attorneys at Ryan C. Davis Law, PLLC today at (615) 649-0110. We understand family law in Nashville, Tennessee and we’re here to help.

Click here for more child custody related education center posts.

Does the “Plain Smell” of Marijuana Constitute Probable Cause for a Warrantless Search?

Wed, 08 Oct 2025 19:40:17 GMT

For decades, Tennessee courts have long held that the smell of marijuana is sufficient to establish the probable cause necessary for police to obtain a search warrant or to conduct a search or seizure under the automobile exception to the warrant requirement. However, times are changing.

The Fourth Amendment guarantees people the right to be free from unreasonable searches and seizures. However, a search may be reasonable if it is supported by a warrant or if there are circumstances that exist that justify a warrantless search. Furthermore, warrants must be support by probable cause.

One common exception to the warrant requirement is called the “automobile exception.” Basically, if a police officer has probable cause to believe that an automobile contains contraband or evidence of a crime, the officer can search the entire vehicle, including all containers inside of it, without a warrant under certain circumstances. So, you may ask, what might give a police officer probable cause to search an automobile under the automobile exception to the warrant requirement? Enter the “plain smell” doctrine.

Under the plain smell doctrine, a distinct odor (such as the smell of marijuana) can provide probable cause for officers to believe that an automobile contains contraband, and thus, a search warrant is not required to search the vehicle. The plan smell exception to the search warrant requirement is extremely easy for police officers to assert because probable cause is an objective determination. If a police officer is willing to testify that he or she detected the smell of marijuana coming from an automobile, it is difficult to argue otherwise, even if no marijuana is subsequently discovered.

However, because of the legalization of hemp under both federal and Tennessee law, there are major issues with law enforcement relying on the odor of marijuana to provide probable cause to search a vehicle or to get a warrant. The director of the Tennessee Bureau of Investigation recently acknowledged that neither law enforcement officers or K-9 drug sniffing dogs can visually tell the difference between legal hemp or illegal marijuana, nor can they detect the difference in odor between the two.

As a result, the smell of marijuana, by itself, can no longer provide probable cause for police officers to search an automobile or to get a warrant because no human being or drug dog can smell or visually distinguish between illegal marijuana and legal hemp. Although this issue has not been litigated or ruled on by any appellate court in Tennessee, prosecutors throughout Tennessee are already becoming hesitant to pursue cases where police officers collected evidence through searches solely based on the plain smell of marijuana.

If you were arrested following a search based upon the alleged plain smell of marijuana, that search may not be legal. Call the criminal defense attorneys at Ryan C. Davis Law, PLLC today at (615) 649-0110. We understand this issue and the science that the government would like to ignore, and we can help you begin preparing your defense today.

Visit our Education Center for other posts regarding Marijuana.

Does Tennessee's Sex Offender Registry Violate the Ex Post Facto Clause of the U.S. Constitution?

Wed, 08 Oct 2025 19:40:17 GMT

What does Ex Post Facto Mean?

Article I Section 10 of the United States Constitution states in part: “[n]o state shall… pass any… Ex Post Facto law.” The Ex Post Facto Clause prevents the enactment of any state law which imposes punishment for an act which was not punishable at the time it was committed, or imposes additional punishment than that required at the time of conviction.

History of the Tennessee Sex Offender Registry

Enacted in January 1995, Tennessee’s Sexual Offender Registration and Monitoring Act began as a confidential law enforcement only database. This original Sexual Offender Registry did not require any in-person reporting and only required the confidential reporting of cursory information about an offender. Additionally, after ten years, an offender could petition to be removed from the registry.

Since its enactment, Tennessee’s Sex Offender Registry laws have been amended countless times. Each Amendment applies retroactively by statute and imposes a new set of requirements that impact every part of an offender’s life.

Sucessful Ex Post Facto Cases

Several recent Federal cases demonstrate the court’s willingness to revisit and find that the registration requirements imposed by the Tennessee Sex Offender Registry violate the Ex Post Facto Clause of the U.S. Constitution.

Does #1-5 v. Snyder, 834 F.3d 696 (6th Cir. 2016)

This Sixth Circuit Court of Appeals opinion found that Michigan’s Sex Offender Registry Act imposes punishment retroactively and, as such, violates the Ex Post Facto Clause.

Doe v. Rausch, 382 F. Supp. 3d 783 (E.D. Tenn. 2019)

The Court found that the 2014 Amendment to the Tennessee’s Sex Offender Registry violated the Ex Post Facto Clause as applied to Doe. The Court summarized, “the actual effect of lifetime compliance with the Act is punitive… The Act has limited where he can live, work, gather with family, and travel…”

Doe v. Rausch, No. 3:17-CV-504, 2020 WL 2495805, at *1 (E.D. Tenn. May 14, 2020)

The Court again found both the 2004 and 2014 amendments to Tennessee’s Sexual Offender Registry violate the Ex Post Facto Clause as applied to Doe.

Doe #1 v. Lee, 518 F. Supp. 3d 1157 (M.D. Tenn. 2021)

The Court refused to find that “’every retroactive application’ of SORA is unconstitutional under the Ex Post Facto Clause.” However, following the prior decisions, the Court held that the “effect of lifetime compliance with SORA is punitive as to Plaintiffs in regards to its public classification and its reporting obligations. . . all of the factors (and subfactors) concerning punitive effect lean in favor of Plaintiffs on their as-applied challenge. Perhaps the Court would reach a different result were the compliance requirements not lifelong.”

Other factors that play a significant role in determining whether you may be granted relief from the Registry because of an Ex Post Facto violation include:

Whether or not you have been substantially compliant with the sex offender registry;
Age of the victim;
Your specific crime of conviction;
Any subsequent convictions;
Your specific plea agreement; and
Your registry status in other states.

Do I have a good Ex Post Facto case?

Determining if Tennessee’s Sex Offender Registry violates your rights against Ex Post Facto laws is a highly fact-intensive inquiry. You must start by looking at the version of the registry that was in place at the time of your conviction and determine what requirements have since been imposed. This area of law is emerging, complicated, and confusing. You need the assistance of a law firm that understands Tennessee Sexual Offender Registry laws and the recent litigation taking place in Federal Courts. We do, and we believe there is reason to hope that these draconian laws will soon change in Tennessee.

What all is involved in a divorce with minor children in Tennessee?

Wed, 08 Oct 2025 19:40:17 GMT

What all is involved in a divorce with minor children?
Property Division: For a divorce in Tennessee, marital property is divided through equitable distribution. Marital property is anything that either party acquired after the marriage. Marital property must be divided equitably and in a manner that is reasonable and fair, although not necessarily equally. If one spouse has spent all of their time at home with the children, for example, the judge will view that time as a homemaker as a substantial contribution to maintaining the household.

Who gets the house? The judge will view the marital residence as marital property, and not as an emotional place where the children should remain. If the parties can’t reach an agreement as to who should remain in the home, and how the other spouse should receive their portion of the equity, the judge will order the house be sold and will divide any profit equitably.

Parenting Plan: In Tennessee, a “Permanent Parenting Plan” (PPP) is required to be filed in order for parents of minor children to get a divorce. PPPs can be completed by the parties or their attorneys and are formal, enforceable agreements.

If the parties cannot agree to the terms of a PPP, each parent must file his or her own proposed PPP with the court and may be required to attend mediation to resolve the differences. If an agreement on the differences cannot be met during mediation, the court will determine a PPP for the parties. Drafting a PPP correctly and in a way that the judge will approve is very difficult and should not be attempted without the assistance of a qualified divorce attorney.

Parenting Education Seminar: A Parenting Education Seminar gives parents information to deal with their children and with each other during and after the divorce. In any divorce where a PPP is entered, each parent is required to attend a Class. However, if the parties have reach an agreement on all of the terms of the PPP, the parties can file a waiver asking the court to waive the parenting seminar requirement.

Child Support: Child support calculations are complicated, but essentially the court will determine the parties' incomes and will establish a total "household" income. A parenting schedule is then established, resulting in the total number of days each parent will exercise parenting time. The total household income is then divided between those parenting days, to provide a consistent standard of living for the child regardless of which home they are in. See our education center post on Child Support here for more info.

How is child support calculated in Tennessee?

Wed, 08 Oct 2025 19:40:17 GMT

How is child support calculated? Child support calculations in Tennessee are complicated, but essentially the court will determine the parties' incomes and will establish a total "household" income. A parenting schedule is then established, resulting in the total number of days each parent will exercise parenting time. The total household income is then divided between those parenting days, to provide a consistent standard of living for the child regardless of which home they are in.

The following factors determine child support:

The gross income of each parent
The amount of time each parent spends with the child(ren)
The number of children being supported.

The Income of Each Parent:

In the simplest case, your gross income will be found on your W-2 form. However, in some cases determining income can be more difficult. As a general rule, income includes all money from whatever source received and includes things such as gambling winnings, disability payments, workers’ compensation payments, and money received from personal injury lawsuits or claims.

The Amount of Time Each Parent Spends with The Child:

Typically, the more time a parent spends with the child, the less that parent is required to pay in child support. The logic is that parents will be spending money to support their children’s needs and wellbeing when they are with the children. Child support is intended to maintain that financial support when the children are with their other parent.

The Number of Children Being Supported:

The number of children being supported is factored into the total amount of child support needed, and parents will get credit on the child support worksheet for any child support they may be paying for children with different parents.

Other Credit Given to Each Parent:

In addition to receiving credit for any other children each parent is already supporting, both parents will get credit on the child support worksheet for work-related childcare expenses they are paying and for health insurance premiums paid for the children's portion of the health insurance.

The basic steps the court will take in determining child support are:

A determination of the parties' income is made;
A total "household" income of both parties is established;
A parenting schedule is established, resulting in the total number of days each parent will exercise; and
The total household income is divided between those parenting days, to provide a consistent standard of living for the child regardless of which home they are in

Child support is complicated. We suggest retaining an attorney to assist in ensuring that child suppurt has been correctly calculated, and that you are getting all of the credit you are entitled to.

HOW MUCH MARIJUANA CAN I POSSESS WITHOUT GETTING ARRESTED IN TENNESSEE?

Wed, 08 Oct 2025 19:40:17 GMT

How Much Marijuana Can I Possess Without Getting Arrested? In Tennessee you can be arrested for possessing any amount of marijuana. If you are found in possession of an amount less than half an ounce (14.174 grams), you can be charged with an A misdemeanor, the penalty for which can include up to a year in a jail and a fine up to $2,500. Whether or not you are arrested or given a misdemeanor citation depends completely on the practices of the jurisdiction you are in. Officers in some jurisdictions will release you with a citation where you are required to appear on a certain date to be booked into the local jail and court system. Other jurisdictions will arrest you and require you to post a bond. Whether or not you have any prior charges for simple possession or any prior failures to appear may also impact your eligibility for a citation. It is important that your criminal defense attorney understands the practices and policies of the police department and District Attorney’s office where your case is pending.

IS MEDICAL MARIJUANA LEGAL IN TENNESSEE?

Wed, 08 Oct 2025 19:40:17 GMT

Is Medical Marijuana Legal in Tennessee? No, currently medical marijuana is not legal in Tennessee. However, medical marijuana has been gaining support in Tennessee, as studies show it can benefit those suffering from conditions including cancer, Alzheimer’s disease and Parkinson’s disease. However, recent attempts by legislators to legalize marijuana for medical purposes have failed. It is likely, though, that we will see medical marijuana become legal in Tennessee in the near future. In the meantime, however, only legally prescribed drugs should be consumed in order to avoid criminal prosecution.

IS CBD OIL LEGAL IN TENNESSEE?

Wed, 08 Oct 2025 19:40:17 GMT

Is CBD Oil Legal in Tennessee? Yes, CBD oil (cannabidiol) containing less than 0.3 percent THC is legal in Tennessee and can be purchased at a number of retailers or online. The CBD oil that is legal in Tennessee is made from industrial hemp and does not cause the same psychoactive effects that marijuana does. However, many standard drug tests cannot detect the difference between legal CBD oil and marijuana, so you could potentially fail a drug test even though you have only used legal CBD oil. Accordingly, it is not a good idea for anyone on probation or who is required to take random drug screens for employment purposes to use CBD oil. Moreover, if you are pulled over and an officer suspects you may have recently smoked marijuana, you could be arrested for DUI. At that point, the officer would likely get a search warrant to have your blood drawn and tested. Sometimes these blood tests do not differentiate between inactive metabolites of THC and active THC. With the rise of prosecution of crimes involving THC and marijuana, it's important that your criminal defense lawyer understands these complexities and is prepared to defend against confusion and misunderstanding on the part of law enforcement and prosecutors.

CAN I GO TO JAIL FOR THEFT OR SHOPLIFTING?

Wed, 08 Oct 2025 19:40:17 GMT

Can I Go to Jail for Theft or Shoplifting? Yes, you can go to jail for theft, even if it is a small amount. Stolen goods or services valued at less than $1,000, otherwise known as shoplifting, can result in a class A misdemeanor conviction with a sentence of up to one year in jail and a possible fine of $2,500. The same applies to stolen personal property. As the value of the stolen property goes up, so does the punishment. Please see the chart below for the possible penalties* for theft:

$1,000 or less: A Misdemeanor; Up to 1 year in jail (11/29) and a $2,500 fine
$1,000-$2,500: E Felony; Between 1 and 6 years in jail and a $3,000 fine
$2,500-$10,000: D Felony; Between 2 and 12 years in jail and a $5,000 fine
$10,000-$60,000: C Felony; Between 3 and 15 years in jail and a $10,000 fine
$60,000-$250,000: B Felony; Between 8 and 30 years in jail and a $25,000 fine
Over $250,000: A Felony; Between 15 and 60 years in jail and a $50,000 fine

*Maximum range of punishment varies depending on your prior criminal history.

How can you avoid a conviction? The prosecution must prove that you intended to deprive someone else of their property. This means that you cannot be convicted unless you purposefully meant to steal something. If you took an item by mistake or honestly believed that you had a right to the property, an experienced attorney may be able to get your charges dismissed.

What plea options are available? Even if you believe you are guilty, there are conditional guilty pleas that might be available in order to avoid a permanent conviction. Under either pre-trial or judicial diversion, you may plead guilty but still have your record expunged after successfully completing a probationary period. Some jurisdictions also offer classes for first-time offenders accused of shoplifting, in order to avoid a conviction. It’s important to hire a criminal defense attorney who understands theft laws in Tennessee, and the possible ways to avoid a permanent conviction.

WHAT IS DIVERSION?

Wed, 08 Oct 2025 19:40:17 GMT

What is Diversion? Diversion is a broader term which may refer to either Pre-trial diversion or Judicial diversion. In either case, the purpose of diversion is to allow a defendant to admit some level of responsibility for a criminal act while avoiding a permanent conviction on their record.

Pre-trial Diversion Under T.C.A. §40-15-105, pre-trial diversion is a method by which someone charged with a crime may avoid criminal prosecution. Pre-trial diversion requires the defendant to enter into a memorandum of understanding (MOU) with the State, in which the prosecutor agrees to suspend prosecuting the case for a set period of time, not to exceed two years. During this time, the defendant must follow certain conditions, including avoiding new charges and completing any agreed upon classes or treatment programs. If the defendant fails to complete the terms of the MOU, the diversion ceases and the State may proceed with prosecuting the case. Also, the MOU must include a written statement from the defendant describing his or her version of the facts of the alleged offenses. Once the conditions have been met and the set period of time has elapsed, the charges can be dismissed and expunged once the statutorily required fee has been paid to the court clerk. Pre-trial diversion is totally discretionary, and whether or not it may be offered to an individual depends entirely on the practice of that particular jurisdiction. Additionally, only certain offenses are eligible for pre-trial diversion and an individual would not qualify if they had any prior A or B misdemeanor convictions, or any felony convictions.

Judicial Diversion Under T.C.A. §40-35-313, judicial diversion allows someone charged with a crime to be placed on probation for a set period of time, with certain conditions, without the judge entering a judgment of guilty. Unlike pre-trial diversion, judicial diversion is either granted by the judge after a defendant is found guilty, or by agreement if the defendant enters a conditional guilty plea. If the defendant violates the terms and conditions of probation, the judge may enter a judgment of guilty and proceed with sentencing the defendant, including a sentence of jail time. If the probationary period is successfully completed, the defendant can have the charges dismissed and permanently expunged from their record, once the fee set by statute has been paid to the court clerk. Not all offenses qualify for judicial diversion, and only someone who has never been convicted of a felony or class A misdemeanor for which a period of incarceration was served is eligible. For more information, see our Education Center post on Judicial Diversion here.

Can I Get Diversion for my Current Charges? There are many factors that affect someone’s eligibility for either form of diversion, and this question can only be answered on a case by case basis. Before someone can be placed on Judicial Diversion, their attorney must submit a diversion application to the Tennessee Bureau of Investigation, after which the T.B.I. will provide a certificate that either confirms or denies eligibility for Judicial Diversion. The fee for this request is $100. The laws governing diversion are complex, and are often changing. Don’t assume you are eligible without first consulting an attorney. For those who are eligible, diversion is an incredible privilege that, if treated as such, affords someone charged with a crime a genuine opportunity to learn from their mistakes without suffering the life altering consequences of a criminal conviction.