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When the Property Line Isn't Where You Thought: Tennessee Law on Encroachments and Adverse Possession

Tue, 09 Jun 2026 15:04:30 GMT

Disclaimer: This post is for general informational purposes only and does not constitute legal advice. If you or someone you know is facing a property dispute or a potential adverse possession claim, consult a licensed Tennessee attorney immediately.

You and your neighbor have gotten along for years. The fence has always been where it is. The driveway has always cut across the corner the same way. Then a survey gets done for a refinance, a sale, or a long-overdue boundary check, and the surveyor delivers news that nobody saw coming: part of the fence, the driveway, the shed, or the yard everyone assumed was the neighbor's is actually sitting on your property. Or the survey runs the other way, and what you have always treated as your land turns out to belong, on paper, to someone next door.

Boundary discoveries like these are far more common than most people realize, and Tennessee law has a specific framework for sorting them out. The framework turns on two questions: how long the encroachment has been there, and whether the person on the wrong side of the line has any kind of paper claim to the property. Depending on the answers, the original owner may still have full rights, may have lost the right to sue to recover the land, or may have lost legal ownership of the disputed strip altogether.

Here is what Tennessee law actually says.

Adverse Possession in Tennessee: Two Doctrines, Two Different Outcomes

Tennessee recognizes adverse possession through both statutory law and common law, and it is important to understand that the two routes do different work.

The statutory route, found primarily at T.C.A. § 28-2-102 and § 28-2-103 , operates as a bar to the original owner's lawsuit for recovery. Under § 28-2-102, when a person has held real property under "assurance of title" (a recorded document that appears to convey the property, even if it turns out to be defective) for seven years, the original owner is barred from suing to recover the property. Under § 28-2-103, after seven years of adverse possession the original owner generally cannot bring an action at law or equity for recovery, though the protection extends only to the area actually possessed. The Tennessee Supreme Court has emphasized that these seven-year statutes function defensively: they protect the possessor from being sued, but they do not by themselves convert the possessor into the legal title holder.

The common law route is what can actually convey title. Tennessee courts have long held that twenty years of qualifying adverse possession will give rise to a presumption of a deed, which functions in practice as an ownership claim. The Tennessee Supreme Court restated the elements in Cumulus Broadcasting, Inc. v. Shim , 226 S.W.3d 366 (Tenn. 2007): possession must be (a) actual and exclusive; (b) open, visible, and notorious; (c) continuous and peaceable; and (d) hostile and adverse, for the requisite period of time. The burden of proof is on the person claiming ownership by adverse possession, and the evidence must be clear and convincing.

A few additional statutes affect how these doctrines play out in practice. T.C.A. § 28-2-109 creates a presumption of ownership when a person has paid state and county taxes on land continuously for twenty years. T.C.A. § 28-2-110 can bar an adverse possession claim when the claimant has not paid taxes on the disputed property, though the Cumulus court held that this bar does not apply to small contiguous boundary disputes where each owner has paid taxes on their respective parcels.

What this means if you have just discovered an encroachment

The clock has likely already been running, and how much time has passed will largely determine your options. If the encroachment is recent, you are well within the window to do something about it. If it has been there for seven years and the neighbor holds some kind of recorded document that arguably covers the strip in question, your right to sue for recovery may already be limited. If it has been there for twenty years or more under conditions that meet the Cumulus elements, the legal ownership of the strip may have already shifted, even if no court has formally declared it. The first useful step in any of these scenarios is a current survey and a candid conversation with a property attorney about which doctrine, if any, has been triggered.

What "Open, Continuous, Exclusive, and Hostile" Actually Means

The four elements that came out of Cumulus are easy to recite and harder to apply. Tennessee courts evaluate them on the specific facts of each case, and the words mean something different from how they sound in everyday English.

Open and notorious means the use has been visible enough that a reasonable owner who paid attention would have noticed it. A fence on the wrong side of the line is open. A shed visible from the road is open. Quiet, hidden, or sporadic use generally is not.

Continuous does not necessarily mean uninterrupted twenty-four hours a day. It means the kind of ongoing use a typical owner would make of that type of property. Seasonal use of a vacation cabin can qualify; occasional weekend visits to a vacant lot generally cannot.

Exclusive means the possessor's use has not been shared with the true owner or with the public at large. If you have continued to mow part of the disputed strip, or your neighbors have all walked across it freely, the exclusivity element is in real trouble.

Hostile and adverse is the element that surprises people most. It does not mean angry or threatening. It means without the true owner's permission. Someone using the land under a license, a lease, or any other form of consent from the true owner is not adversely possessing it, no matter how long the use continues.

Permission Changes Everything

This is the single most important practical point in Tennessee adverse possession law. Permission defeats adverse possession. A use that the true owner has authorized, even casually, is not hostile and cannot ripen into ownership rights, however long it continues.

The corollary matters too: if a property owner discovers an encroachment and wants to allow it to continue without giving up legal rights, the fix is to document the permission in writing. A short license agreement that confirms the use is permitted, identifies the parties, and is signed and dated converts what could otherwise become an adverse possession claim into a revocable license. This is one of the most common reasons attorneys tell clients to get something in writing now rather than later.

The danger of informal arrangements is the same problem in reverse. Verbal "you can keep using the driveway" arrangements that nobody documented can become disputed years later, with each side remembering the conversation differently. Tennessee courts have to reconstruct what was said based on whatever evidence exists, and in the absence of writing, the result is unpredictable.

Prescriptive Easements: Long-Term Use Without Ownership

Adverse possession is not the only doctrine that can grow out of long-term encroachment. Tennessee also recognizes prescriptive easements, which give a long-term user the right to continue a specific use of someone else's land without transferring ownership. The classic example is a driveway that crosses a neighbor's property to reach a road. After enough time of open, continuous, and adverse use, the user may have a permanent right to keep using the driveway, while the neighbor retains underlying ownership of the land.

The elements of a prescriptive easement track those of common law adverse possession, and Tennessee courts generally apply a twenty-year period. The practical result is similar to adverse possession in some ways and very different in others: the original owner still owns the land and pays the taxes, but the right to exclude the user is gone.

What this means if you suspect a prescriptive easement is forming

The same time pressure applies. If a neighbor has been using a driveway, a path, or any other access route across your property for years without your permission, the right to stop them is not unlimited. A documented permission converts the use into a license that can be revoked. Continued silence often does not.

The Doctrine of Boundary by Acquiescence

Tennessee courts have also long recognized that when adjoining owners treat a particular line as their common boundary for a long enough period, that line can become the legal boundary even if it does not match the deed. This doctrine is closely related to adverse possession but operates somewhat differently in practice. It tends to come up where a fence, a row of trees, or a similar visible marker has been treated as the dividing line by both sides for decades, and one side later commissions a survey that puts the actual deed line somewhere else.

These cases are intensely fact-specific. The length of time the line has been treated as the boundary, what both owners did and said about it, and what physical evidence exists all matter. They are also one of the more common contexts in which Tennessee residential property disputes end up in court.

What to Do If You Have Just Discovered an Encroachment

The instinct to handle a boundary discovery informally is understandable and usually a mistake. Tennessee law rewards owners who act and can quietly disadvantage owners who do not. A few practical steps:

Get a current survey. The surveyor's report is the document that will anchor any later conversation, negotiation, or lawsuit. A survey from the closing twelve years ago is not enough.

Do not enter a casual verbal agreement. Anything that touches the boundary should be in writing, even if the relationship with the neighbor is friendly. A short written license, a boundary line agreement, or a quitclaim deed can each be appropriate depending on the circumstances. An attorney can identify which one fits.

Document what you find. Photographs of the encroachment, the date the survey was completed, and any communication with the neighbor about the issue all become evidence later if a dispute develops.

Talk to a property attorney before contacting the neighbor about anything substantive. What you say in an early conversation can become evidence about whether permission was given, when the encroachment began, and what the parties understood. A short consultation before that conversation is far less expensive than litigation.

Frequently Asked Questions About Property Lines and Adverse Possession in Tennessee

How long does someone have to use my property before they can claim it in Tennessee?

Tennessee has two main timeframes. Under T.C.A. § 28-2-102, a person holding under a recorded but defective document for seven years can use the statute as a defense to a recovery action by the original owner. Under Tennessee common law, twenty years of possession that is actual, exclusive, open and notorious, continuous, and hostile can give rise to a presumption of ownership. The Tennessee Supreme Court restated these common law elements in Cumulus Broadcasting, Inc. v. Shim , 226 S.W.3d 366 (Tenn. 2007).

Does the seven-year rule transfer ownership of the property?

Generally no. The seven-year statutes at T.C.A. § 28-2-102 and § 28-2-103 operate as bars to the original owner's right to sue for recovery, not as transfers of legal title. Tennessee courts have specifically described these statutes as defensive in nature. The route that can actually convey ownership is the twenty-year common law doctrine.

What if I never knew the neighbor's fence was on my property?

A property owner's lack of awareness does not, by itself, prevent adverse possession from accruing. The doctrine asks whether the use was open and notorious enough that a reasonable owner would have known, not whether the actual owner happened to notice. This is part of why a current survey matters: it forces the question.

What if I did know and just let it slide?

If you knew about the encroachment and either explicitly or implicitly permitted it, the use was not hostile and adverse possession cannot ripen into ownership rights. The challenge is proving that permission was given, especially if nothing was put in writing. Documenting permission now, even years into the situation, is one of the most effective ways to protect your legal position going forward.

Can a neighbor get permanent rights to use my driveway without owning it?

Yes. This is what a prescriptive easement does. Twenty years of open, continuous, adverse use of a specific access route can give the user a permanent right to keep using it, even though you retain ownership of the land. The same documented-permission strategy that defeats an adverse possession claim also defeats a prescriptive easement claim.

Does paying property taxes matter in an adverse possession case?

It can. T.C.A. § 28-2-109 creates a presumption of ownership for someone who has paid state and county taxes on land for twenty years. T.C.A. § 28-2-110 bars adverse possession claims by parties who have not paid taxes on the disputed property, with an important exception for small contiguous boundary disputes recognized by the Tennessee Supreme Court in Cumulus .

What is a "boundary by acquiescence"?

It is a separate doctrine, related to but distinct from adverse possession, under which a long-recognized line treated as the common boundary by adjoining owners can become the legal boundary even if it does not match the deed. Tennessee courts evaluate these claims on the specific history of how the line was treated.

Should I just ignore the encroachment and hope it does not become an issue?

This is the approach that most often turns into litigation. Tennessee adverse possession and easement law specifically rewards delay by the user and disadvantages inaction by the owner. Dealing with a discovery promptly, even if the resolution is just a written acknowledgment of permission, is almost always less expensive and less stressful than addressing it years later.

The Stakes Are Real and the Clock Matters

A property line dispute can feel like a slow-moving problem until it suddenly is not. A survey ordered for an unrelated reason, a neighbor's decision to build a new fence, a sale that triggers title scrutiny, or a generational change in ownership on either side can transform a quiet boundary anomaly into an active legal dispute. Tennessee law has structured the doctrine of adverse possession around the assumption that owners who pay attention will act, and that owners who do not will lose rights over time. That structure is not going to change.

If you have just received a survey that shows an encroachment, or a neighbor has raised a question about where the line really is, the time to talk to a property attorney is now, while the doctrines have not yet finished running and while options like written license agreements, boundary line adjustments, and quitclaim corrections are still on the table.

Mark Freeman and Katy Haggard are attorneys at Freeman & Fuson in Nashville, Tennessee, with extensive experience handling real property and boundary disputes throughout Middle Tennessee. Call 615-298-7272 .

This article is intended for general informational purposes and is not legal advice. Every situation is different. Please consult an attorney regarding your specific circumstances.

How Tennessee Motorcycle Accident Claims Actually Work and Where Riders Lose Money

Fri, 05 Jun 2026 13:52:52 GMT

Disclaimer: This post is for general informational purposes only and does not constitute legal advice. If you or someone you know has been injured in a Tennessee motorcycle crash, consult a licensed Tennessee attorney immediately.

Tennessee sees a predictable pattern in motorcycle crashes. In roughly 80 to 95 percent of the cases that come into a Middle Tennessee personal injury practice, the same fact pattern repeats: a car or truck turning left across the rider’s path, the driver later claiming they “never saw” the motorcycle. The rider takes the brunt of the collision, often into the side of the turning vehicle, often at speed.

Tennessee’s laws on motorcycle accident claims are not particularly complicated. They are, however, full of tight deadlines, hidden traps, and rules that have consistently put more burden on the injured rider than on the driver who turned. Knowing what the law actually says, and what it requires of you, is the difference between a claim that pays for medical bills, lost wages, and the long road back, and a claim that pays for almost nothing.

Here is what Tennessee law actually says about a motorcycle injury claim, and where riders most commonly lose money.

Tennessee’s One-Year Statute of Limitations on Personal Injury

Under T.C.A. § 28-3-104, an action for personal injury in Tennessee must be filed within one year of the date of injury. There are very few exceptions, and Tennessee’s deadline is shorter than the personal injury statute of limitations in most other states.

What this means in practice:

From the date of a motorcycle crash, an injured rider has 365 days to either reach a settlement with the at-fault driver’s insurance carrier or file a lawsuit in a Tennessee court. The 365-day clock starts on the date of the crash itself, regardless of when treatment ends or when settlement talks begin. Miss the deadline, and the claim is barred. A claim against an uninsured or underinsured motorist carrier may follow a slightly different deadline depending on the policy language, but as a general rule the one-year clock controls.

What this means if you are facing a motorcycle injury claim:

The single fastest way to lose a real claim is to wait. Insurance adjusters know the deadline and negotiate accordingly, slow-walking offers, requesting more records, scheduling independent medical exams, until the one-year mark approaches. A rider who has not retained counsel and has not been preparing for a lawsuit during that year almost always settles on the carrier’s terms.

Tennessee’s Modified Comparative Fault and the 50% Rule

Tennessee follows a modified comparative fault rule, established by the Tennessee Supreme Court in McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992). The rule works as follows: a plaintiff’s recovery is reduced by their percentage of fault. A plaintiff who is found 50 percent or more at fault recovers nothing.

Defense arguments that show up in motorcycle cases include: the rider was speeding (often unsupported by the crash report but raised anyway), the rider was lane-splitting (illegal in Tennessee, and rarely actually happening), the rider driving outside the lanes, the rider’s headlight was off, or the injured rider was not wearing a helmet. Tennessee requires all motorcycle riders and passengers to wear a helmet meeting federal motor vehicle safety standard (49 CFR § 571.218). Under T.C.A. § 55-9-302, riders 21 and over may wear a helmet meeting an equivalent approved standard. The helmet question is a recurring lever for the insurance industry to push fault percentages up.

What this means if you are facing a comparative fault argument:

Even a 10 or 20 percent shift in fault costs real money. On a $100,000 case, every percentage point assigned to the rider is $1,000 out of the rider’s recovery. Documenting the actual mechanics of the crash, including the gear, the bike, the road position, the driver’s statements, and the responding officer’s notes, is what holds the line on the rider’s percentage of fault.

Tennessee’s Insurance Minimums and Why UM/UIM Coverage Matters

Under T.C.A. § 55-12-102, the Tennessee Financial Responsibility Law, the minimum liability insurance a Tennessee driver is required to carry is $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 for property damage. (The property-damage minimum increased from $15,000 to $25,000 effective January 1, 2023; renewals after that date carry the higher floor.) That is the floor, and it is also what a significant percentage of Tennessee drivers carry: the minimum and nothing more. In a motorcycle crash that produces serious injury, $25,000 of bodily injury coverage is exhausted by a single ambulance ride and an ER visit.

That is why the rider’s own uninsured/underinsured motorist (UM/UIM) coverage is so important. Under T.C.A. § 56-7-1201, every Tennessee auto policy is required to offer UM/UIM coverage. A policyholder can decline it in writing, and many do, because the line item looks like one more cost. Do not decline this coverage. Your future could depend on it.

What this means if you ride a motorcycle in Tennessee:

Check your own auto insurance declarations page. The UM/UIM number is the line that really matters for riders. If your policy limits are at or near the state minimum, raising it is one of the cheapest, highest-impact financial moves a rider can make, well before a crash ever happens. If you have already been in a crash and the at-fault driver is uninsured or underinsured, the UM/UIM coverage on your own policy is what fills the gap.

What Tennessee Motorcycle Injury Claims Actually Recover

A motorcycle injury claim in Tennessee is one claim, but it covers several categories of loss. All of these come out of the same pot of money: the at-fault driver’s liability coverage plus any available UM/UIM coverage. The categories include:

Past and future medical expenses. Hospital, surgery, rehab, physical therapy, mental health treatment, and any reasonably anticipated future care.
Past and future lost wages. Time away from work during recovery, plus any reduced earning capacity if the injuries are permanent.
Property damage. The bike, the gear, anything else damaged in the crash.
Pain and suffering. Non-economic damages for the physical pain, mental anguish, and disruption to life caused by the injuries.
Loss of Enjoyment of Life. Non-economic damages that compensates a plaintiff for the diminished ability to participate in and derive pleasure from the activities, experiences, and pursuits they enjoyed before the injury.

Tennessee caps non-economic damages at $750,000 in most cases, or $1,000,000 for catastrophic injuries, under the Tennessee Civil Justice Act of 2011 (T.C.A. § 29-39-102). Economic damages, including medical bills, lost wages, and property damage, are not capped.

The settlement number on an insurance check is one piece of the equation. What an injured rider actually takes home is shaped by the next section.

The Subrogation Trap and Why Your Health Insurer Wants a Cut

When a health insurer pays for medical care that was caused by someone else’s negligence, the insurer often has a right to recover those payments from any settlement. This is called subrogation , and on a motorcycle claim it can swallow a significant portion of the settlement before the rider sees a dollar.

Hospital liens under T.C.A. § 29-22-101 et seq., health insurance subrogation clauses, ERISA self-funded plans, and TennCare or Medicare recovery rights all attach to a personal injury recovery. Each has different rules. ERISA plans, in particular, can preempt Tennessee law and assert a near-absolute right to repayment.

Tennessee recognizes a particularly strong form of the Made-Whole Doctrine , first articulated in Wimberly v. American Casualty Co. of Reading, Pennsylvania, 584 S.W.2d 200 (Tenn. 1979) and reaffirmed in Health Cost Controls, Inc. v. Gifford, 239 S.W.3d 728 (Tenn. 2007): a health insurer’s right of subrogation does not arise until the injured person has been fully compensated for the loss. Tennessee courts have held that the doctrine cannot be waived by insurance contract language alone, which is a meaningfully stronger rule than most states apply. The principal carve-out is federal: ERISA self-funded employer health plans can preempt Tennessee law and assert recovery rights under federal authority that override the state doctrine.

What this means for your recovery:

The settlement number an adjuster proposes is not the number that ends up in the rider’s bank account. Negotiating lien holders down, sometimes to a fraction of what they originally claimed and sometimes to zero, is a meaningful piece of a motorcycle injury case. It is often the difference between a settlement that pays for the medical bills and a settlement that leaves the rider in the hole.

Frequently Asked Questions About Tennessee Motorcycle Accident Claims

How long do I have to file a motorcycle accident claim in Tennessee?

One year from the date of the crash, under T.C.A. § 28-3-104. The deadline applies whether you intend to settle with the insurance carrier or file a lawsuit. If a settlement is not in place within one year, a lawsuit must be filed before the deadline to preserve the claim.

Do I have to wear a helmet to recover for a motorcycle injury in Tennessee?

Tennessee requires all motorcycle riders and passengers to wear a helmet meeting federal motor vehicle safety standards under T.C.A. § 55-9-302 (riders 21 and over may wear a helmet meeting an equivalent approved standard). Not wearing a helmet is a traffic violation, and in a personal injury claim the insurance carrier will use it to argue the rider’s percentage of fault should be increased. It does not automatically bar a claim, but it is consistently raised by adjusters and is a real factor in how a case is valued.

What if the driver who hit me had no insurance?

That is what the uninsured motorist (UM) coverage on your own auto policy is for. Under T.C.A. § 56-7-1201, Tennessee insurers are required to offer UM/UIM coverage on every auto policy. If you have UM/UIM coverage on your own policy, you can make a claim against your own insurer up to the policy limits, and the claim is treated similarly to a claim against the at-fault driver.

Can I still recover if the crash was partly my fault?

Yes, as long as your percentage of fault is less than 50 percent. Under Tennessee’s modified comparative fault rule (McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992)), your recovery is reduced by your percentage of fault. At 50 percent or more, recovery is barred.

How much is a Tennessee motorcycle injury case worth?

There is no formula, and any attorney who quotes one without reviewing the file is guessing. Value depends on the severity of the injuries, the available insurance coverage, the strength of the liability evidence, and how Tennessee’s damages caps and the rider’s percentage of fault interact. The two things that meaningfully shape value are the quality of the medical documentation and the strength of the liability case.

Should I talk to the other driver’s insurance company before hiring a lawyer?

No. Adjusters are trained to take recorded statements early, when an injured rider is exhausted, in pain, and often medicated. Statements taken in the first days after a crash are routinely used later to limit or deny the claim. Decline the recorded statement, and refer any further contact to a Tennessee attorney.

What is subrogation, and why does it matter on a motorcycle claim?

Subrogation is the right of a health insurer, hospital, TennCare, Medicare, or ERISA plan to recover from a personal injury settlement the medical costs they paid on the rider’s behalf. Without negotiation, lien holders can take a significant portion of the settlement. With negotiation, those liens are often reduced, sometimes substantially increasing what the injured rider takes home.

What if I was a passenger on someone else’s motorcycle?

A passenger has the same right to recover as a rider, and the passenger’s claim runs against whichever party’s negligence caused the crash, which may include the operator of the motorcycle the passenger was on. Coverage available to a passenger may include the operator’s policy, the at-fault driver’s policy in a multi-vehicle crash, and any UM/UIM coverage on the passenger’s own auto policy.

The Stakes Are Higher Than Most People Realize

A motorcycle crash compresses years of recovery, medical bills, lost income, and decisions about insurance into a one-year statutory window. The riders who do best are the ones who treat the legal side of the claim with the same urgency they treat the medical side: early documentation, no recorded statements, attention to the liens that will attach to the recovery, and an experienced attorney handling the negotiation with the carrier.

Tennessee’s law is written in a way that rewards preparation and penalizes delay. The 365-day clock runs the same for everyone. The riders who lose money are almost always the riders who waited.

Joseph W. Fuson and Mark T. Freeman are Tennessee’s Law Tigers Lawyers and attorneys at Freeman & Fuson in Nashville, Tennessee, handling motorcycle injury claims across Middle Tennessee and the state. Call (615) 298-7272 .

This article is intended for general informational purposes and is not legal advice. Every situation is different. Please consult an attorney regarding your specific circumstances.

Tennessee Domestic Assault Laws in 2026: What You Need to Know | Freeman & Fuson

Wed, 06 May 2026 20:53:25 GMT

Disclaimer: This post is for general informational purposes only and does not constitute legal advice. If you or someone you know has been arrested for or charged with domestic assault, consult a licensed Tennessee attorney immediately.

A domestic assault arrest in Tennessee triggers consequences that begin before any conviction. The mandatory hold at booking, the immediate firearm restrictions, the GPS monitoring conditions on bond, the no-contact orders, and the cascade of collateral consequences for housing, employment, and child custody all start moving the moment charges are filed. Anyone who waits until the arraignment to start thinking about defense has already lost ground.

Tennessee's domestic assault statutes have also undergone significant changes in the last two years. The Debbie and Marie Domestic Violence Protection Act took effect July 1, 2024. A new strangulation mandatory minimum was added to the domestic assault statute the same year. A first-in-the-nation public registry for repeat domestic violence offenders, created under Savanna's Law, took effect January 1, 2026. Anyone charged with domestic assault in Davidson, Williamson, Rutherford, or any other Middle Tennessee county is being charged under a substantially harder regime than the one in place two years ago.

Here is what Tennessee's domestic assault law actually says right now.

What Domestic Assault Is Under Tennessee Law

Under T.C.A. § 39-13-111, domestic assault is the offense of assault under T.C.A. § 39-13-101 committed against a person in a defined domestic relationship. The State must prove the elements of assault and the existence of the qualifying relationship.

The underlying assault can be charged on three theories under § 39-13-101(a): intentionally, knowingly, or recklessly causing bodily injury; intentionally or knowingly causing another to reasonably fear imminent bodily injury; or intentionally or knowingly causing physical contact that a reasonable person would regard as extremely offensive or provocative. The first two theories carry Class A misdemeanor exposure on a first conviction. The offensive-contact theory carries Class B misdemeanor exposure.

The qualifying relationship comes from T.C.A. § 36-3-601, which defines a "domestic abuse victim" as a current or former spouse, a current or former cohabitant, a current or former dating partner, a person sharing a child with the defendant, or an adult family member related by blood or adoption. Most people associate domestic assault with intimate partners, but the statute reaches further. An assault between siblings, between adult parents and children, or between people who lived together at any point can qualify.

What this means if you have been arrested

The qualifying-relationship element is one of the first things a defense attorney will examine, because if the relationship does not fit any of the categories in § 36-3-601, the case may proceed as a standard assault rather than a domestic assault, with significantly lower exposure on firearm rights, mandatory minimums, and registry consequences. The classification of the underlying assault theory also matters substantially. Bodily injury and fear-of-injury cases carry Class A misdemeanor exposure. Offensive-contact cases carry Class B. The same incident charged on different theories produces different stakes.

First, Second, and Third Offense Penalties

Under T.C.A. § 39-13-111(d), the penalty structure escalates sharply with each subsequent conviction.

A first conviction for domestic assault by causing or threatening bodily injury is a Class A misdemeanor, punishable by up to 11 months and 29 days in jail and a fine up to $2,500 under T.C.A. § 40-35-111. A first conviction for the offensive-contact theory is a Class B misdemeanor, punishable by up to six months in jail.

A second conviction under § 39-13-111(d)(2) carries a fine of $350 to $3,500 and a mandatory minimum of 30 consecutive days in the county jail or workhouse, up to a maximum of 11 months and 29 days. The 30 days are mandatory and consecutive, which means they cannot be suspended, served on weekends, or split into shorter increments.

A third or subsequent conviction under § 39-13-111(d)(3) is a Class E felony. The fine ranges from $1,100 to $5,000, and the mandatory minimum jumps to 90 consecutive days in the county jail or workhouse. The Class E felony classification carries a sentencing range of one to six years and brings the full set of felony collateral consequences with it.

What this means for sentencing exposure

The phrase "consecutive days" in § 39-13-111(d) is the most important thing to understand about second and third domestic assault convictions in Tennessee. These are not sentences a person can avoid by working out probation terms or by serving on weekends. The minimums are floors that the court is required to impose, and they have to be served straight through. A second conviction means at least 30 actual days in custody. A third means at least 90.

Aggravated Domestic Assault and the Strangulation Provisions

The exposure changes again when the conduct alleged crosses into aggravated assault under T.C.A. § 39-13-102. Aggravated assault includes assaults that cause serious bodily injury, that involve the use or display of a deadly weapon, or that involve strangulation or attempted strangulation. Aggravated assault involving strangulation is generally a Class C felony, punishable by three to fifteen years and a fine up to $10,000.

The strangulation provisions deserve their own attention because they have changed meaningfully in recent years.

Strangulation is its own enhancement. Under § 39-13-102, "strangulation" means intentionally or knowingly impeding normal breathing or circulation of the blood by applying pressure to the throat or neck or by blocking the nose and mouth, regardless of whether the conduct results in any visible injury or whether the person had any intent to kill or seriously injure. The breadth of that definition matters. An arm wrapped around a neck, a scarf pulled tight, a hand placed over the mouth and nose — any conduct that fits that definition can support a strangulation enhancement, regardless of whether the alleged victim sought medical attention.

There is now a 30-day mandatory minimum for any domestic assault conviction involving strangulation. Under T.C.A. § 39-13-111(f), as amended by 2024 Tennessee Acts, ch. 987, effective July 1, 2024, a conviction under § 39-13-111 involving strangulation or attempted strangulation carries a mandatory minimum of 30 days incarceration, including participation in evidence-based domestic violence programming.

Strangulation that causes loss of consciousness can be charged as attempted murder. Under § 39-13-102(f), an aggravated assault involving strangulation in which the victim loses consciousness may be prosecuted as attempted first degree murder under § 39-13-202 or attempted second degree murder under § 39-13-210.

Strangulation of a pregnant woman is a Class B felony. Under the relevant subsection of § 39-13-102, strangulation or attempted strangulation of a pregnant woman is treated as a Class B felony, punishable by 8 to 30 years in prison and a fine up to $25,000.

What this means if strangulation has been alleged

Strangulation allegations transform a domestic assault case in ways that are not always obvious from the surface. The Tennessee statutory definition is broad enough that conduct the alleged victim would not characterize as "strangling" can still support the charge. Officers responding to a domestic call routinely ask whether breathing was impeded, and how that question is answered at the scene often determines whether the eventual charge is misdemeanor domestic assault or Class C felony aggravated assault. An attorney involved early can affect how the responding investigation develops, and how those questions are framed in any subsequent statements.

The Debbie and Marie Domestic Violence Protection Act: GPS Monitoring on Bond

Public Chapter 1033, the Debbie and Marie Domestic Violence Protection Act, took effect July 1, 2024 and changed how bond conditions work in domestic violence cases.

Under the Act, defendants released on bond for certain domestic violence offenses can be required to wear a GPS monitoring device as a bond condition. The Act specifically targets cases involving the use or display of a weapon, strangulation or attempted strangulation, and aggravated assault. The GPS monitoring is paid for by the defendant, and it is paired with a notification application that alerts the alleged victim if the defendant comes within a designated distance.

The Act creates a presumption in favor of GPS monitoring in qualifying cases, and an exception is available only when the defense can affirmatively demonstrate that the defendant does not pose a danger to the alleged victim or the community. That showing is made before release, which means the defense work begins as soon as bond is set.

A separate $10 electronic monitoring indigency fee under § 39-13-102(e)(4) is also assessed against any person convicted of an aggravated assault against a domestic abuse victim, with proceeds directed to the electronic monitoring indigency fund.

Savanna's Law: The New Public Domestic Violence Registry

The most significant recent change to Tennessee domestic violence law is Savanna's Law, enacted as House Bill 1200, signed by Governor Lee on May 21, 2025, and effective January 1, 2026.

Savanna's Law creates a public registry of "persistent domestic violence offenders," maintained by the Tennessee Bureau of Investigation. A persistent domestic violence offender is defined as a person convicted of an offense committed against a domestic abuse victim who also has at least one prior qualifying conviction. Qualifying offenses include assault, domestic assault, sexual assault, stalking, and certain murder offenses where a domestic abuse victim is involved.

The registry includes the offender's name, date of birth, conviction date, county or counties of conviction, and a current photograph. It excludes home addresses, Social Security numbers, and driver's license numbers, distinguishing it from Tennessee's Sexual Offender Registry.

A few practical features of the law are worth understanding:

Victim consent is required. The statute provides that a court will not require registration unless the victim agrees to it or, in the alternative, the victim is unavailable for the determination. Without victim consent, registration does not occur.

The law applies prospectively. A qualifying conviction must occur on or after January 1, 2026 to trigger registration. Convictions from before that date do not, by themselves, place anyone on the registry. However, prior convictions can count toward the "at least one prior qualifying conviction" element when a post-2026 conviction occurs.

Removal is possible after a defined period. Information can be removed from the registry after five years (one prior conviction), seven years (two priors), ten years (three priors), or twenty years (more than four priors), measured from the most recent qualifying conviction.

What this means for someone facing charges right now

Any domestic violence-related conviction entered on or after January 1, 2026 can serve as the triggering conviction for registry inclusion if the defendant has a qualifying prior. For someone with any prior domestic violence-related conviction in Tennessee, even one from years ago, a current case carries registry exposure that did not exist for similar cases resolved before 2026. The decision to plead, the decision to take a plea to a lesser charge, and the decision to go to trial all carry weight they did not carry under prior law.

Firearm Consequences

A domestic assault conviction carries firearm consequences in Tennessee that begin at conviction and persist after the sentence is served.

Under Tennessee law, T.C.A. § 36-3-625 requires surrender of firearms within 48 hours of an order of protection issued in connection with a domestic abuse case, and Tennessee statutes restrict firearm possession during the pendency of qualifying orders. Refusing to comply with the surrender requirement is a separate Class A misdemeanor.

Separate federal firearm restrictions also apply to anyone convicted of a misdemeanor crime of domestic violence and operate independently of Tennessee law. The federal piece is a distinct issue from the state exposure addressed in this post and warrants its own conversation with counsel familiar with that area of law.

Other Collateral Consequences

A domestic assault conviction in Tennessee carries several additional consequences that can outlast the criminal sentence itself.

A permanent record on the National Crime Information Center (NCIC) database appears in standard background checks for employment, housing, and licensing. Many employers and landlords screen specifically for domestic violence convictions, and some occupational licenses require disclosure. Court-ordered batterer's intervention programs are routinely imposed as part of probation or alternative sentencing in domestic assault cases. Orders of protection issued in connection with the case can restrict residence, contact, and movement for extended periods. Family law proceedings, including divorce and custody actions, can be substantially affected by a domestic assault conviction or even by an unresolved charge.

There is also a $225 fine, where the defendant has the ability to pay, that is credited to a state fund supporting family violence shelters and shelter services. This fine is statutorily separate from the standard fine ranges in § 39-13-111.

Frequently Asked Questions About Tennessee Domestic Assault Charges

What counts as a domestic relationship in Tennessee?

T.C.A. § 36-3-601 defines a domestic abuse victim as a current or former spouse, a current or former cohabitant, a current or former dating partner, a person who shares a child with the defendant, or an adult family member related by blood or adoption. Casual social or business relationships do not qualify. Whether a particular relationship fits one of these categories is sometimes contested, and the answer can determine whether the charge proceeds as domestic assault or as standard assault.

Can the alleged victim drop the charges?

In Tennessee, the State of Tennessee, not the alleged victim, decides whether to pursue domestic assault charges. An alleged victim's request to drop the case is one factor a prosecutor will consider, but it is not controlling. Many domestic assault cases proceed to trial or plea even when the alleged victim has expressed a desire not to prosecute.

What is the mandatory hold after a domestic assault arrest?

Tennessee law requires a 12-hour hold before release after an arrest for domestic assault, aggravated assault, or stalking against a domestic abuse victim. The hold can extend to 24 hours if the judge finds the defendant inflicted serious bodily injury, strangled the alleged victim, or used a deadly weapon.

Will a first-time domestic assault conviction stay on my record?

A domestic assault conviction in Tennessee remains on the criminal record indefinitely and is reported to the National Crime Information Center database. Tennessee has a limited statutory expungement process for some offenses, but domestic assault convictions are excluded from most categories of expungement eligibility.

Does a Tennessee domestic assault conviction affect my gun rights?

Yes. Tennessee law restricts firearm possession during the pendency of qualifying orders of protection and requires surrender of firearms within 48 hours of certain orders. Separate federal restrictions on firearm possession also apply to anyone convicted of a misdemeanor crime of domestic violence and are addressed by attorneys who practice in that area.

What happens if strangulation is alleged but not visibly injurious?

Tennessee's statutory definition of strangulation does not require visible injury. Under § 39-13-102, the offense is established by intentionally or knowingly impeding normal breathing or circulation, regardless of whether the conduct results in any visible mark or whether the person had any intent to kill or seriously injure. This is one reason responding officers are trained to ask specific questions about breathing and consciousness at the scene.

Will I be placed on the Savanna's Law registry?

Registry exposure depends on three things: whether the current conviction is for a qualifying domestic violence offense, whether you have at least one prior qualifying conviction, and whether the alleged victim consents to the registration requirement. The registry was created on January 1, 2026 and applies prospectively, so the triggering conviction must be entered on or after that date.

Can a domestic assault charge be reduced to standard assault?

Sometimes, depending on the facts and the prosecutor. The most common path involves contesting the qualifying-relationship element under § 36-3-601, since standard assault under § 39-13-101 carries materially lower exposure than domestic assault under § 39-13-111. Whether the path is realistic in a particular case depends on the evidence and the prosecutor's office.

The Stakes in 2026 Are Materially Higher

Anyone charged with domestic assault in Tennessee in 2026 is facing a regime that has been hardened in three significant ways since 2023: mandatory GPS monitoring on bond in qualifying cases, an expanded strangulation mandatory minimum, and the new public registry under Savanna's Law. The collateral consequences for firearms, employment, housing, and family law are also more durable than people generally expect when they first walk into a courtroom on a domestic charge.

The window for a defense to take shape is narrow. Bond conditions are set quickly, and no-contact orders can issue at the initial appearance. Statements made to officers at the scene and at the station are routinely the most important evidence in the case. The decisions about whether to give a recorded statement, whether to consent to a search, and how to respond to follow-up contact from the alleged victim are decisions worth making with counsel rather than under pressure.

If you have been arrested or charged with domestic assault, or you have reason to believe you are about to be, the time to talk to an attorney is now.

Joseph Fuson and Nick Schulenberg are criminal defense attorneys at Freeman & Fuson in Nashville, Tennessee. Call (615) 298-7272.

This article is intended for general informational purposes and is not legal advice. Every situation is different. Please consult an attorney regarding your specific circumstances.

How Tennessee’s Order of Protection Laws Have Changed and What That Means for You

Sat, 25 Apr 2026 21:11:57 GMT

Disclaimer: This post is for general informational purposes only and does not constitute legal advice. If you or someone you know is facing criminal charges, consult a licensed Tennessee attorney immediately.

An Order of Protection in Tennessee is one of the most powerful legal instruments a court can issue. It can remove someone from their home, restrict their access to their children, prohibit firearm possession, and generate a permanent record — often within 24 to 48 hours of a petition being filed, before the respondent has said a single word in court.

And Tennessee’s order of protection statutes have undergone significant changes in recent years.

If you have been served with an order of protection, or if you need one, understanding what the law actually says right now is not optional. Courts across Davidson, Williamson, Rutherford, and every other county in Middle Tennessee are applying these updated statutes today.

What Is a Tennessee Order of Protection?

An Order of Protection is a civil court order that restricts a person’s contact with and proximity to another individual. Despite being a civil proceeding, violating an order of protection is a criminal offense — a Class A misdemeanor under T.C.A. § 39-13-113(g), punishable by up to 11 months and 29 days in jail and a fine of up to $2,500. A first violation also extends the order itself and triggers a mandatory bond of no less than $2,500. (T.C.A. § 36-3-610)

Repeat violations carry escalating consequences, including extended order durations — five years after a first violation, ten years after a second — and the potential for felony charges in certain circumstances.

An order of protection also triggers federal firearm prohibitions under 18 U.S.C. § 922(g)(8), meaning a respondent subject to a qualifying order may be prohibited from possessing any firearm under federal law, regardless of state law rights.

This is not just a piece of paper. It is a court order with criminal enforcement teeth.

Who Can Seek an Order of Protection in Tennessee?

Historically, Tennessee’s protection order laws focused primarily on domestic abuse — physical violence, threats, and harassment between household members or intimate partners. That scope has expanded significantly.

Under T.C.A. § 36-3-601, a petitioner is defined as a person alleging domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense. Recent legislative sessions have added new categories of qualifying conduct on top of that foundation.

What Changed: Voyeurism Is Now Grounds for an Order of Protection

One of the most significant recent additions came with the Voyeurism Victims Act, signed into law in March 2025 (Public Chapter 62, effective July 1, 2025).

The Act amends T.C.A. § 36-3-601 and related statutes to authorize an order of protection for any person subjected to, threatened with, or placed in fear of unlawful photography. This includes hidden cameras, non-consensual recording, and unauthorized photographs of intimate areas — even when there has been no physical contact or traditional threat of violence.

Previously, victims of covert recording had limited civil remedies through Tennessee’s protection order statutes. That gap is now closed. A court can order a respondent to have no contact with the petitioner, stay away from specified locations, and surrender devices used in the conduct.

What this means if you are facing voyeurism-based allegations:

The standard of proof at the full hearing is preponderance of the evidence — meaning the judge only needs to find it more likely than not that the conduct occurred. This is a significantly lower bar than the criminal “beyond a reasonable doubt” standard. A protection order granted on these grounds can appear in background checks, affect housing and employment, and be used as evidence in any subsequent criminal prosecution under T.C.A. § 39-13-605. The hearing is not a formality.

What Changed: Financial Exploitation Is Now Grounds for an Order of Protection

Tennessee law now formally recognizes financial exploitation and economic abuse as grounds for seeking an order of protection. Under T.C.A. § 36-3-601, conduct that may now qualify includes:

Unauthorized use of another person’s financial accounts, credit cards, or assets
Coercive financial control — withholding money to create dependence or as punishment
Identity theft or fraud committed against a domestic partner or household member
Forging signatures or documents for financial gain at another person’s expense
Exploitation of elderly or vulnerable adults, including exerting undue influence over financial decisions, exploiting powers of attorney, or failing to act in a fiduciary’s best interest (T.C.A. § 36-3-601(6)(C))

This change is particularly significant in divorce and family law situations where one party controls marital finances. A Tennessee court may now issue a protection order — with all of its criminal enforcement mechanisms — based primarily on financial misconduct, even without any physical altercation.

What this means if you are facing financial exploitation allegations:

These cases are intensely fact-specific and typically hinge on financial records, account access logs, and witness testimony. A judge can issue a sweeping order affecting your access to shared finances, your residence, and your freedom of movement — based on allegations alone, before any conviction.

Other Notable Changes: Cyberstalking and Broader Court Discretion

Beyond voyeurism and financial crimes, courts have been given broader discretion in crafting the specific terms of orders, including provisions addressing social media contact, third-party communication, and the possession of tracking devices. Harassment conducted through electronic means — text messages, social media platforms, and tracking applications — is now more explicitly covered under the stalking provisions of T.C.A. § 36-3-601.

Judges may also order a respondent to complete a batterer’s intervention program or counseling as part of the protection order terms, even without a criminal conviction.

In 2023, the definition of “abuse” under T.C.A. § 36-3-601(1) was expanded to include acts inflicted on another indirectly through a third party — meaning the harmful conduct does not have to be direct to qualify.

How the Process Works: Ex Parte Orders and Full Hearings

The ex parte order : A petitioner can appear before a judge without the respondent present and request an emergency order. If the judge finds sufficient cause — typically imminent or immediate danger — an ex parte order can be issued within 24 to 48 hours. The respondent is then served, usually within days.

The full hearing: Under T.C.A. § 36-3-605, the respondent must be served at least five days before the hearing, which is typically scheduled within 15 days of the ex parte order. This is the respondent’s opportunity to contest the order — to cross-examine the petitioner, present counter-evidence, and argue that the order should be denied, narrowed, or modified.

These hearings are not formalities. They are legal proceedings with serious, lasting consequences. An experienced attorney can make a decisive difference between a record that follows someone for a year and one that follows them for a decade.

If You Have Been Served: What Not to Do

Being served with an order of protection is disorienting. The following mistakes make the situation significantly worse:

Do not violate the order. Even a single call, text, or proximity violation is a criminal offense under T.C.A. § 39-13-113. You can be arrested without a warrant and held for 12 hours. Each violation is a separate offense.

Do not contact the petitioner to resolve things. Any contact — even if well-intentioned — will almost certainly be treated as a violation and used against you at the full hearing.

Do not assume the hearing will go well without preparation. Many respondents appear without counsel and are unable to effectively challenge the allegations. An attorney can cross-examine, present witnesses, and argue the law.

Do not ignore the firearm prohibition. Under T.C.A. § 36-3-625, you may have to surrender firearms within 48 hours of the order’s issuance. Possession of a firearm while subject to a qualifying order is a Class A misdemeanor under state law — and under federal law (18 U.S.C. § 922(g)(8)), it is punishable by up to 10 years in federal prison.

Frequently Asked Questions About Orders of Protection in Tennessee

What is an order of protection in Tennessee?

An order of protection is a civil court order restricting a person’s contact with another individual. It is granted in cases involving domestic abuse, stalking, sexual assault, human trafficking, and — following recent legislative changes — voyeurism and financial exploitation. Violating the order is a criminal offense under T.C.A. § 39-13-113.

How quickly can an order of protection be issued in Tennessee?

An ex parte order — issued without the respondent present — can be granted within 24 to 48 hours of filing if the judge finds sufficient cause. A full hearing where the respondent can contest the order is typically scheduled within 15 days.

Can I fight an order of protection in Tennessee?

Yes. At the full hearing, a respondent has the right to appear, present evidence, cross-examine the petitioner, and contest the allegations. If the court does not find sufficient grounds, the order can be denied or dismissed. An attorney bolsters the ability to mount an effective challenge.

Does an order of protection affect my gun rights in Tennessee?

Yes. Under federal law (18 U.S.C. § 922(g)(8)), a person subject to a qualifying order of protection may be prohibited from possessing any firearm. Possession of a firearm while under a qualifying order is a federal crime punishable by up to 10 years in prison. Tennessee law (T.C.A. § 36-3-625) also requires respondents to surrender firearms within 48 hours of issuance in many circumstances.

What happens if I violate an order of protection in Tennessee?

A knowing violation is a Class A misdemeanor under T.C.A. § 39-13-113(g), punishable by up to 11 months and 29 days in jail and a fine up to $2,500. Each violation is a separate offense. A first violation extends the order to five years; a second extends it to ten. Felony charges are possible if additional criminal conduct is involved.

Can an order of protection be used as evidence in a criminal case?

Yes. A protection order granted on any grounds — including voyeurism or financial exploitation — can be introduced as evidence in a subsequent criminal prosecution. This is one of the most significant downstream consequences of losing at the full hearing.

Does Tennessee recognize orders of protection from other states?

Yes. Under T.C.A. § 36-3-606(E), Tennessee courts are required to recognize and enforce valid orders of protection issued by other states under the full faith and credit principle.

The Stakes Are Higher Than Most People Realize

An Order of Protection is not a domestic disagreement. It is a legal instrument with immediate, serious consequences — affecting where you live, whether you can see your children, whether you can possess a firearm, and what appears when an employer or landlord runs a background check.

Whether you need one, or you have been served with one, these cases move fast and the consequences are not temporary. Experienced legal counsel is not a luxury here. It is the difference between a hearing you are prepared for and one you are not.

Joseph Fuson and Nick Schulenberg are attorneys at Freeman & Fuson in Nashville, Tennessee, with extensive experience handling orders of protection for both petitioners and respondents. Call (615) 298-7272.

This article is intended for general informational purposes and is not legal advice. Every situation is different. Please consult an attorney regarding your specific circumstances.

Tennessee’s Gun Laws Have Mandatory Minimums Most People Never See Coming

Fri, 24 Apr 2026 19:42:00 GMT

Tennessee has some of the most serious firearm statutes in the Southeast — and two of them carry consequences that are routinely misunderstood by the people facing them.

T.C.A. § 39-17-1307 governs who can lawfully carry or possess a weapon in Tennessee and when that right ends. T.C.A. § 39-17-1324 creates a separate, standalone offense for possessing or employing a firearm during the commission of a dangerous felony — with mandatory minimum sentences that must be served day-for-day, consecutive to any other sentence.

When drug charges enter the picture, the exposure becomes even more severe.

Here is what the law actually says.

T.C.A. § 39-17-1307: Who Can — and Cannot — Carry a Firearm in Tennessee

Tennessee is a permitless carry state, meaning most lawful gun owners can carry a handgun without a permit. But § 39-17-1307 makes clear that not everyone has that right — and carrying or possessing a firearm illegally can result in felony charges.

Who is prohibited under § 39-17-1307:

Anyone convicted of a felony crime of violence, an attempt to commit a felony crime of violence, or a felony involving use of a deadly weapon
Anyone who possesses a handgun and has been convicted of any felony, unless civil rights have been formally restored under T.C.A. Title 40, Chapter 29
Anyone carrying while under the influence of alcohol or a controlled substance
Anyone subject to certain orders of protection or domestic violence convictions as defined under 18 U.S.C. § 921
Anyone carrying with intent to go armed in a location where firearms are prohibited

What are the penalties?

The basic offense of carrying with intent to go armed is a Class C misdemeanor for a first offense. But the charge escalates significantly based on circumstances:

Possessing a handgun as a convicted felon is a Class E felony — punishable by one to six years.
Possessing a firearm as someone convicted of a felony crime of violence or a drug-related felony elevates the charge substantially under § 39-17-1307(b), with penalties increasing based on the nature of the prior conviction.

The statute was also amended in 2024 to address firearm possession by individuals under 25 years of age who were adjudicated delinquent for certain offenses on or after July 1, 2024. (2024 Tenn. Acts, ch. 973)

T.C.A. § 39-17-1324: Possessing or Employing a Firearm During a Dangerous Felony

This is where the consequences become most severe. § 39-17-1324 creates two distinct offenses — and they are often charged alongside the underlying felony, not instead of it.

Subsection (a) — Possessing a firearm with intent to go armed during a dangerous felony:

Simply having a firearm on your person with the intent to go armed while committing or attempting to commit a dangerous felony is a standalone offense. Under § 39-17-1324(g):

Without a prior felony conviction: Class D felony , mandatory minimum 3 years in the Department of Correction.
With a prior felony conviction: Class D felony , mandatory minimum 5 years in the Department of Correction.

Subsection (b) — Employing a firearm during a dangerous felony:

Employing — meaning actively using or displaying — a firearm during the commission of a dangerous felony is treated more severely. Under § 39-17-1324(h):

Class C felony , mandatory minimum 6 years in the Department of Correction.
With a prior conviction under this same statute: not less than 15 years , served at 100%. (§ 39-17-1324(j))

Every sentence under § 39-17-1324 runs consecutive to the underlying felony.

Under § 39-17-1324(e)(1), the mandatory minimum cannot be suspended, cannot run concurrently with another sentence, and must be served before any release is considered on that count.

What counts as a “dangerous felony”?

The statute defines dangerous felonies to include murder, robbery, aggravated assault, kidnapping, drug offenses, and other serious crimes. Drug trafficking is included — which is where these two statutes most often intersect.

When Guns and Drugs Are Found Together

Tennessee law treats the combination of firearms and drugs as evidence of criminal intent. Under § 39-17-417, Tennessee’s primary drug offense statute, possessing a controlled substance alongside a firearm can elevate a charge from simple possession to possession with intent to manufacture, deliver, or sell — even without direct evidence of a transaction.

Prosecutors frequently rely on the presence of a firearm alone to argue intent to distribute. And because drug trafficking qualifies as a dangerous felony under § 39-17-1324, a firearm found during a drug stop can trigger the gun enhancement statute on top of the drug charge.

Federal law can also apply. Under 18 U.S.C. § 924(c), using or possessing a firearm in furtherance of a drug trafficking crime carries its own federal mandatory minimums, which stack on top of state charges. It is not uncommon for a single incident to result in both state and federal prosecution.

The practical result: a firearm found near drugs is rarely treated as a coincidence. It is treated as evidence of trafficking — and trafficking is the trigger for mandatory consecutive sentencing under § 39-17-1324.

Truth in Sentencing: How Much Time Will Actually Be Served?

Tennessee’s Truth in Sentencing framework sets the minimum percentage of a sentence that must be served before release eligibility. For most felony offenses, that percentage is 30% — meaning a person sentenced to 10 years could be eligible for release after roughly 3 years.

The mandatory minimums under § 39-17-1324 operate differently. They must be served at 100% — day for day, with no reduction for good behavior and no early release eligibility for that portion of the sentence.

A practical example:

A person convicted of a Class C drug felony and a § 39-17-1324(b) employment charge could face a 10-year sentence on the drug offense (served at 30%, meaning release eligibility around year 3) plus a consecutive 6-year mandatory minimum on the gun charge served at 100% — meaning they must serve all 6 years before release is even considered on that count. The total minimum time served before any release is possible: approximately 9 years.

That is the reality of how these statutes combine in practice.

Frequently Asked Questions About Tennessee Gun Charges

Can a convicted felon possess a firearm in Tennessee?

Generally no. Under T.C.A. § 39-17-1307(c), possessing a handgun as a convicted felon is a Class E felony in Tennessee. There is a narrow exception if civil rights have been formally restored pursuant to T.C.A. Title 40, Chapter 29, and the restoration order does not specifically prohibit firearm possession.

What is the difference between possessing and employing a firearm during a dangerous felony?

Under T.C.A. § 39-17-1324, possessing a firearm with intent to go armed during a dangerous felony (subsection a) and employing a firearm during a dangerous felony (subsection b) are treated as separate offenses with different penalties. Employing — actively using or displaying — carries a higher mandatory minimum of 6 years versus 3 years for possession alone.

Do these sentences have to be served back-to-back?

Yes. Under § 39-17-1324(e)(1), any sentence imposed under this statute must run consecutive to the sentence for the underlying dangerous felony. The sentences cannot be served simultaneously.

Can I be charged under § 39-17-1324 if the firearm was already an element of my main charge?

No. Under § 39-17-1324(c), a person cannot be charged under this statute if possessing or employing the firearm is an essential element of the underlying dangerous felony as charged. However, prosecutors have discretion to charge a lesser underlying offense specifically to preserve the § 39-17-1324 enhancement.

What is a “dangerous felony” under Tennessee law?

T.C.A. § 39-17-1324 defines dangerous felonies to include murder, voluntary manslaughter, robbery, aggravated robbery, kidnapping, aggravated kidnapping, especially aggravated kidnapping, aggravated assault, drug offenses under § 39-17-417, and other serious offenses. The list is specific — consult an attorney to determine whether a particular charge qualifies.

Do these charges apply to antique firearms?

Yes. The statute was amended to include antique firearms, meaning the protections that sometimes apply to antiques under federal law do not necessarily exempt a person from Tennessee’s gun enhancement statute.

The Stakes Are Too High to Wait

If you or someone you know is facing charges under T.C.A. § 39-17-1307 or § 39-17-1324, the time to act is now — not after a plea is offered. Mandatory minimum sentences leave very little room for the court to show leniency, and the consecutive sentencing requirement means these charges add real, significant time on top of whatever else is being prosecuted.

An experienced Tennessee criminal defense attorney can evaluate the charges, identify any constitutional or procedural issues, and build a defense strategy before decisions are made that cannot be undone.

Joseph Fuson and Nick Schulenberg are criminal defense attorneys at Freeman & Fuson in Nashville, Tennessee. Call (615) 298-7272.

This article is intended for general informational purposes and is not legal advice. Every situation is different. Please consult an attorney regarding your specific circumstances.

How Is Property Divided in a Tennessee Divorce? What Equitable Distribution Really Means

Fri, 24 Apr 2026 19:08:57 GMT

If you are thinking about divorce in Tennessee, one of the first questions you will have is: what happens to everything we own?

Most people assume the answer is simple — everything gets split down the middle. Half to you, half to your spouse.

That assumption is wrong, and it costs people thousands of dollars.

Tennessee does not divide marital property equally. It divides marital property equitably — and those two words lead to very different outcomes in a courtroom.

What Is Equitable Distribution in Tennessee?

Equitable distribution is the legal standard Tennessee courts use to divide marital property in a divorce. Under T.C.A. § 36-4-121(a)(1) , a judge is directed to divide marital property in proportions deemed just — without regard to marital fault — based on a specific set of factors.

Equitable means fair. It does not mean equal. A judge looks at your unique circumstances and decides what a fair division looks like for your family. That could be 60/40. It could be 70/30. In some cases, one spouse receives an entire asset outright.

There is no automatic 50/50 in Tennessee.

What Is Marital Property in Tennessee?

Marital property is any real or personal property — tangible or intangible — acquired by either or both spouses during the marriage, up to the date of the final divorce hearing. (T.C.A. § 36-4-121(b)(1)(A))

Marital property typically includes:

Income earned during the marriage
Real estate purchased during the marriage
Retirement accounts and investments accumulated during the marriage
Businesses built or significantly grown during the marriage
Debts incurred during the marriage

Only marital property is subject to equitable distribution. Separate property is not divided.

What Is Separate Property in Tennessee?

Separate property is what each spouse keeps entirely. Under T.C.A. § 36-4-121(b)(2), separate property includes:

Property owned by either spouse before the marriage
Property received as a gift or inheritance, even during the marriage
Pain and suffering awards and certain legal settlements
Property acquired after a legal separation order

Here is where many people make their first costly mistake: they assume that property they brought into the marriage, or received from a family member, is automatically protected. Often it is — but not always.

When Does Separate Property Become Marital Property?

Separate property can lose its protected status through two legal doctrines: commingling and transmutation.

Commingling occurs when separate property becomes so mixed with marital property that it can no longer be traced. If you owned a savings account before the marriage and spent years depositing joint income into it, a court may find that the funds are inextricably mingled and treat the entire account as marital property.

Transmutation occurs when separate property is treated in a way that demonstrates an intent to make it marital. Adding your spouse’s name to a deed you owned before the marriage, for example, can transform what was once your separate real estate into marital property subject to division.

Appreciation of separate property can also become an issue. Under T.C.A. § 36-4-121(b)(1)(A), income from and increases in value of separate p roperty during the marriage may be characterized as marital if the other spouse substantially contributed to the preservation and appreciation of that asset.

Property you believed was entirely yours may not be — and property your spouse thought was theirs may be subject to division.

What Factors Does a Tennessee Court Consider When Dividing Property?

When dividing marital property, Tennessee courts are required to weigh a specific set of factors under T.C.A. § 36-4-121(c). These include:

The length of the marriage
The age, physical and mental health, vocational skills, and earning capacity of each spouse
Each party’s contribution to the acquisition, preservation, appreciation, or dissipation of marital property — including contributions as a homemaker, wage earner, or primary parent
The relative ability of each spouse to acquire assets and income in the future
The value of each party’s separate property
The economic circumstances of each spouse at the time of division
Tax consequences and other reasonably foreseeable financial impacts
The amount of Social Security benefits available to each spouse

Tennessee law explicitly requires courts to give equal weight to homemaker contributions and wage-earner contributions. A spouse who left a career to raise children is not penalized for that choice.

This list is not exhaustive. Courts may consider any factor necessary to reach a fair result. Two divorces involving similar assets can produce very different outcomes depending on the circumstances.

The Mistakes That Cost People the Most

Assuming everything is marital. People routinely give up property they did not have to — because they did not know it qualified as separate, or because they negotiated without understanding how a court would classify it.

Accepting a division that looks equal on paper. Retirement accounts, business interests, and deferred compensation require careful valuation. A split that appears even may leave you significantly worse off once taxes, liquidity, and long-term value are factored in.

Waiting too long to get advice. The time to understand your property rights is before anything is divided — not after. Early clarity changes your position at the negotiating table.

You Do Not Have to Go to Court

It is worth noting that spouses can agree to divide their marital property in any way they choose, provided both parties enter into a Marital Dissolution Agreement (MDA) that is filed with the court. If you and your spouse can reach an agreement, you avoid the cost, time, and uncertainty of letting a judge decide. An attorney can help you negotiate a fair agreement and make sure you are not leaving money on the table.

Frequently Asked Questions About Property Division in Tennessee

Does Tennessee split everything 50/50 in a divorce? No. Tennessee is an equitable distribution state, not a community property state. Under T.C.A. § 36-4-121, courts divide marital property based on what is fair given the specific circumstances of each case — not an automatic equal split. The result could be 50/50, but it could also be 60/40 or another proportion the judge determines is just.

What is the difference between marital property and separate property in Tennessee?

Marital property is generally anything acquired by either spouse during the marriage. Separate property is what a spouse owned before the marriage or received as a gift or inheritance. Only marital property is divided in a Tennessee divorce. Separate property stays with the spouse who owns it, unless it has been commingled with marital assets or transmuted into marital property.

Can my spouse get half of my retirement account in a Tennessee divorce?

The portion of your retirement account contributed during the marriage is generally considered marital property and subject to equitable distribution. The portion contributed before the marriage is typically separate property. Courts use a calculation called the coverture fraction to determine the marital portion. Division of retirement accounts typically requires a Qualified Domestic Relations Order (QDRO).

Does it matter whose name is on the property?

Not necessarily. Tennessee courts can divide marital property regardless of whose name is on the title, deed, or account. If marital funds were used to purchase or maintain an asset, it may be classified as marital property even if only one spouse’s name appears on the paperwork.

Can I protect my assets before a divorce in Tennessee?

A prenuptial or postnuptial agreement can define what remains separate property and how marital property will be divided. Under T.C.A. § 36-3-501, these agreements are generally enforceable if entered into freely, knowledgeably, and in good faith. If no agreement exists, understanding how courts classify property — and acting before assets become commingled — is the most important step you can take.

Does marital fault affect property division in Tennessee?

No. Under T.C.A. § 36-4-121(a)(1), courts divide marital property without regard to marital fault. Adultery or bad behavior during the marriage does not directly determine who gets what — though dissipation of assets (wasteful spending contrary to the marriage) is a factor the court can consider under T.C.A. § 36-4-121(c)(5).

Talk to a Tennessee Divorce Attorney Before Anything Is Divided

Property division is one of the most consequential decisions you will make in a divorce. Getting it wrong has long-term financial consequences. Getting it right requires knowing what you own, how it is classified under Tennessee law, and what factors a court would weigh in your favor.

The earlier you have that clarity, the stronger your position — whether you are negotiating a settlement or preparing for court.

Carolanne King is a family law attorney at Freeman & Fuson in Nashville, Tennessee. If you have questions about property division or are considering divorce, call our office at (615) 298-7272.

This article is intended for general informational purposes and is not legal advice. Every situation is different. Please consult an attorney regarding your specific circumstances.

CDL Speeding Tickets and Traffic Citations

Thu, 15 Jan 2026 05:39:59 GMT

A speeding ticket or traffic citation for a CDL driver can have a serious effect on their employment. While a non-CDL driver may be eligible for traffic school to keep a traffic citation off their driving record, there are some limitaitons on what Courts are allowed to do with citations for CDL drivers.

49 CFR § 384.226- Prohibition on masking convictions:

The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CLP or CDL holder’s conviction for any violation, in any type of motor vehicle, of a State or local traffic control law (other than parking, vehicle weight, or vehicle defect violations) from appearing on the CDLIS driver record, whether the driver was convicted for an offense committed in the State where the driver is licensed or another State.

A CDL driver may appear before a judge who indicates their hands are tied and they have no options but to either find the CDL driver guilty or not guilty. As stated above in the federal anti-masking statute, the Court cannot mask a CDL driver’s traffic conviction, defer judgment, or allow them to enter into a diversion program (such as traffic school).

While the Court may be limited in options once there is a conviction (a finding of guilt), the Department of Safety’s website provides additional information on the subject. According to www.tn.gov , a judge MAY downgrade a traffic offense, find the driver not guilty, or plea bargain the charge as long as those actions take place BEFORE a conviction. This does not require the Court to allow plea bargaining or downgrading, but it does provide authority for the Court to rely on should the Court want to assist the CDL holder.

If you find yourself in this situation, it may be beneficial for you to provide this authority to the Court, in a tactful way, to educate the Court on additional options the Department of Safety provides.

https://www.tn.gov/safety/driver-services/commercial-driver-license/cdlcitation.html

Last Update: March 17, 2026

The Miranda Warning

Fri, 10 Mar 2023 05:43:03 GMT

The “Miranda warning” is a statement given by law enforcement to a suspect in custody, informing them of their rights. The warning is derived from the United States Supreme Court case, Miranda v. Arizona, 384 U.S. 436 (1966), which established the requirement for law enforcement to inform suspects of their rights before interrogating the

The Miranda warning must include the following statements:

The right to remain silent
Anything said can and will be used against them in court
The right to an attorney
If they cannot afford an attorney, one will be appointed to them

If law enforcement fails to give the Miranda warning before interrogating a suspect, any statements made by the suspect may be inadmissible in court. This is because the failure to give the warning violates the suspect’s Fifth Amendment right against self-incrimination and Sixth Amendment right to counsel.

The legal analysis in cases where the Miranda warning is not given typically centers around whether the suspect was in custody and being interrogated at the time of the statements. If the suspect was not in custody or being interrogated, the Miranda warning is not required.

However, if the suspect was in custody and being interrogated, the court will consider whether the Miranda warning was given and, if not, whether the statements made by the suspect were voluntary. In other words, the court will look at whether the suspect made the statements freely and without coercion.

Miranda rights may be waived by a suspect if the waiver is made “voluntarily, knowingly, and intelligently.” Miranda v. Arizona, 384 U.S. 436, 444 (1966).

The Supreme Court of Tennessee explains that “voluntarily” under Miranda means that the relinquishment of the right to remain silent “is the product of a free and deliberate choice rather than the product of intimidation, coercion, or deception.” State v. Stephenson, 878 S.W.2d 530 (Tenn. 1994). Additionally, the statements must be made “with full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it.” Id. at 544.

If the court determines that the statements were involuntary due to the lack of a Miranda warning, then the statements will be suppressed and cannot be used against the suspect in court. This can significantly impact the prosecution’s case and may even result in charges being dropped or reduced.

It is important for clients to understand their Miranda rights and the importance of remaining silent when in police custody. Even if the Miranda warning is given, it is always advisable to remain silent and request an attorney.

Anything said to law enforcement can be used against the suspect in court, and even innocent statements can be misconstrued or taken out of context. By remaining silent and requesting an attorney, the suspect can ensure that their rights are protected and that any statements made are done so with the advice of counsel.

Furthermore, clients should understand that law enforcement may use various tactics to obtain information, including deception or coercion. By remaining silent, the client can avoid inadvertently providing information that may be used against them or falling prey to law enforcement tactics.

In conclusion, the Miranda warning is an essential component of the criminal justice system, designed to protect suspects’ constitutional rights. Clients should be aware of their Miranda rights and the importance of remaining silent in police custody. By doing so, they can ensure that their rights are protected and that any statements made are done so with the advice of counsel.

Last Update: March 17, 2026

Tennessee Implied Consent Law

Mon, 06 Feb 2023 05:36:46 GMT

Under TCA 55-10-406 any person driving a motor vehicle in Tennessee is deemed to have given implied consent to a breath test, a blood test, or both to determine the person’s alcohol or drug content of their blood. A refusal to submit to one of these tests is a civil rather than criminal offense. Therefore, drivers cannot be punished with jail time but will face mandatory suspension periods of their driver’s license.

The Tennessee Court of Criminal Appeals clarified that “consent” under the implied consent statute is not voluntary consent to search but consent to certain consequences if permission to search is withheld from a driver. State v. Henry, 539 S.W.3d 223, 246 (Tenn. Crim. App. 2017).

Breath and blood tests are treated differently in Tennessee, so there are different standards and procedures prior to administering one of these tests.

A breath test may be mandated based on:

Driver’s implied consent;
Driver’s express consent;
A search warrant;
Incident to a lawful arrest for a DUI; or
An officer having probable cause that a driver caused an accident while DUI, is DUI with a minor under the age of 16, or has a prior DUI conviction.

A blood test may be mandated based on:

Driver’s express consent to submit to a blood test along with a written waiver;
A search warrant; or
Without the consent of the driver if exigent circumstances to the search warrant requirement exist.

It is important to note that an officer may not rely on the implied consent statute to mandate a blood test in Tennessee. The Tennessee Criminal Court of Appeals held that because of the intrusion into privacy inherent in a forcible blood draw, this search would not be found reasonable under the Fourth Amendment unless performed pursuant to a warrant or an exception to the warrant requirement. State v. Wells, Tenn. Crim App. Lexis 933, at 13 (2014). The implied consent law does not create such an exception and does not satisfy the requirements of the Fourth Amendment. State v. Henry, 539 S.W.3d223, 243 (Tenn. Crim. App. 2017).

Therefore, to meet the statutory requirements for implied consent for a blood draw in Tennessee, an officer must:

Have probable cause to conduct a traffic stop, inform the motorist of the consequences of refusal under implied consent; and
Have the driver sign a standardized waiver developed by the Department of Safety.

If the two prongs listed above are not met, the officer must obtain a search warrant or rely on another exception to the warrant requirement to withdraw blood from the motorist.

Attached please find the current Consent Waiver used by Tennessee law enforcement.

Implied Consent (SF-0388) Rev 7-01-19

Katherine Haggard, Esq.

Associate, Freeman & Fuson

Last Update: March 17, 2026

What Is Delta-8 THC and Is It Legal in Tennessee?

Wed, 24 Feb 2021 04:43:36 GMT

What is Delta-8 THC?

Delta-8 THC is one of over 113 cannabinoids found in the cannabis plant. Like Delta–9 THC and CBD, Delta-8 THC is a natural chemical found in cannabis plants. Delta–9 and CBD cannabinoids derived from legal cannabis are much more prevalent in use in Tennessee. However, Delta–8 is receiving a considerable amount of attention from cannabis consumers in the State of Tennessee who want to consume a legal product and receive the unique benefits that Delta 8 provides.

Delta-8 THC is chemically different from Delta-9 THC by only a few atomic bonds and still offers a potent high of its own. While Delta-8 THC only exists naturally in fractions of a percent, companies are finding value in concentrating esoteric cannabinoids for their unique effects and applications.(1) Because it is not contained in large concentrations in the hemp flower , it usually sprayed on hemp flower or placed in vapes, concentrates, and edibles.

Because of its molecular structure, Delta-8 THC bonds more to CB2 receptors than CB1 receptors, allowing it to have numerous benefits on the body with fewer side-effects influencing the CB1 receptors in the brain. Ultimately, this makes the health benefits of Delta-8 THC stand out while minimizing its psychoactive effects.

Is Delta-8 Legal in Tennessee?

In December 2018, Congress passed the 2018 Farm Bill , which lifted the controlled substance designation for hemp and all its extracts except for Delta-9 THC which must be in a concentration of less than .3% on a dry-weight basis. Under current Tennessee and federal law, marijuana (illegal cannabis) is cannabis that contains more than 0.3% Delta-9 THC on a dry weight basis, while hemp (legal cannabis) contains less than 0.3% Delta-9 THC. Delta-8 is legal under both Tennessee and federal law. There is currently no limit on how much Delta-8 THC a product may contain in order to be considered legal cannabis so long as the Delta-8 THC is derived from the hemp.(2)

DEA being the DEA

In 2020, DEA released the “Implementation of Agricultural Improvement Act 2018“, which outlined a very different interpretation of the 2018 Farm Bill as it relates to Delta-8 THC. According to DEA, Delta-8 THC was not covered under the 2018 Farm Bill as a derivative of hemp and is therefore illegal. Their interpretation of the plain language of the 2018 Farm Bill is based on the fact that Delta-8 THC is not present in extractable levels in hemp and must be synthesized from CBD. The DEA is thus proposing that Delta-8 be considered a synthetically derived tetrahydrocannabinols and listed as schedule 1 controlled substance.(3) This has been hotly disputed and has not been deemed final by the DEA or any governing body.

Future of Delta-8

Due to the benefits of Delta-8 THC and the minimal psychoactive effect it has on users, it will hopefully become more widely desired and produced by our Tennessee hemp farmers, manufactured by Tennessee businesses, and sold in retail CBD stores in Tennessee. Regulation is almost certain but not necessarily a bad thing. Responsible and informed regulation will allow the responsible manufacturers and retailers to provide consumers with safe and effective Delta-8 THC cannabis products. I only hope our conservative state legislature does not try to put the toothpaste back in the tube.

——

HEMP LAW GROUP

HEMP LAW GROUP is Tennessee’s first and only legal group dedicated to representing individuals and small businesses navigate the legal cannabis industry in Tennessee. Joey Fuson , partner at Freeman & Fuson, founded Hemp Law Group and is widely considered a leader and expert in the legal hemp and cannabis industry in Tennessee. To learn more, visit www.hemplawgroup.com .

https://www.tn.gov/content/dam/tn/agriculture/documents/industrial-hemp/Industrial%20Hemp%20Fact%20Sheet.pdf

Last Update: March 17, 2026

Can My Social Security Check Be Garnished for Child Support?

Wed, 13 Jan 2021 04:41:19 GMT

“Can my social security check be garnished for child support” is a question some parents may find themselves wondering. The answer to that questions depends on the type of social security benefit the parent receives. Two main types of benefits are Social Security Disability Income (SSDI) and Supplemental Security Income (SSI).

SSI vs. SSDI:

The Tennessee Supreme Court in Tennessee Dept. of Human Servs. ex rel. Young v. Young, 802 S.W.2d 594 (Tenn. 1990) provides a detailed explanation of the comparison of SSI benefits to SSDI benefits.

SSI benefits are a form of public assistance and are not dependent upon the earnings a person previously had. SSI is a safety net program to assist people who are entitled to little or no income from Social Security Disability Income (SSDI). Only after all other sources have been explored is eligibility for SSI benefits determined. Hence, the amount of money to which an SSI recipient is entitled is contingent upon how little a person makes or has made rather than how much. An eligible SSI recipient’s benefits are the amount necessary to raise the recipient’s income to the prescribed minimum level. However, the amount of a Social Security disability recipient’s benefits is keyed to how much that person has paid into the Social Security system over time as a form of renumeration for employment.

The most important distinction between the two types is the person(s) entitled to receive benefits under the program. Implicit in the SSI program is the intention that these payments are for the benefit of the individual recipient, rather than for the benefit of the recipient and the recipient’s dependents. By contrast, SSDI payments benefit the receipt and the recipient’s dependents.

CALCULATION OF CHILD SUPPORT

The State of Tennessee calculates child support based on the gross monthly income of each parents, the number of days each parent exercise with the child(ren) annually, insurance and work-related childcare each parent incurs, as well as a number of other factors. While this process may seem as simple as inputting numbers into the child support calculator, disputes frequently arise over what an individual’s actual gross income is.

The Tennessee Child Support Guidelines describes gross income as income from any source (before deductions for taxes and other deductions such as credits for other qualified children), whether earned or unearned, and includes disability or retirement benefits that are received from the Social Security Administration pursuant to Title II of the Social Security Act, whether paid to the parent or to the child based upon the parent’s account. However, the guidelines specifically exclude Supplemental Security Income (SSI) received under Title XVI of the Social Security Act. The Tennessee Child Support Guidelines also includes a provision for a minimum amount of child support of at least $100 per month. This minimum requirement does not apply if the obligor parent’s only source of income is Supplemental Security Income (SSI). Unfortunately, this is not always a clear-cut rule. Whether or not an SSI recipient has any other income eligible to be considered for child support purposes may be an issue the judge has to determine at a hearing if the other party contests such issue.

REASONS FOR GARNISHMENT

Current Child Support Obligations

As it relates to a current child support obligation, the Tennessee Supreme Court in Tennessee Dept. of Human Servs. ex rel. Young v. Young, 802 S.W.2d 594 (Tenn. 1990), held that SSI benefits were not subject to legal process in Tennessee state courts for payment of court-ordered child support.

Specifically, the court found that allowing the SSI recipient’s monthly benefit to be reduced by the collection of child support obligations would reduce the recipient’s already low-income level even more. By the nature of receiving such benefit, the individual already has little if any opportunity to raise that level because of their age or disability. Subtracting child support payments, in the variable amounts set by state trial judges, from this already low figure would reduce the individual recipient’s income below the “guaranteed minimum income level for aged, blind, and disabled persons,” Schweiker v. Wilson, supra, 450 U.S. at 223–224, 101 S.Ct. at 1077, which is the essence of the legislative intent behind the SSI program. Tennessee Dep’t of Human Servs. ex rel. Young v. Young, 802 S.W.2d 594, 598 (Tenn. 1990).

Judgment for Child Support Arrearages

As it relates to judgments for child support arrearages, the Tennessee Court of Appeals in In re Jordan H., No. E2013-01731-COA-R3JV, 2014 WL 1233227, at *2 (Tenn. Ct. App. Mar. 25, 2014) held that that SSI benefits cannot be attached and/or garnished to satisfy a judgment for child support arrears. While the court may still grant one parent a judgment for child support arrears against a parent who receives SSI benefits, the Court cannot attach or garnish the SSI benefits to pay an arrearage judgment.

In conclusion, SSI benefits, codified at 42 U.S.C.A. § 1381, were created by a 1972 amendment to the federal Social Security Act and were intended “to assist those who cannot work because of age, blindness, or disability,” S.Rep.No.92–1230, p. 4 (1972) S.Rep.No.92–1230, p. 4 (1972), by “setting a Federal guaranteed minimum income level for aged, blind, and disabled persons. Schweiker v. Wilson, 450 U.S. 221, 223, 101 S. Ct. 1074, 1077, 67 L. Ed. 2d 186 (1981). As a result of such federal law, SSDI benefits can be garnished for child support purposes but SSI payments cannot. In re Jordan H., No. E2013-01731-COA-R3JV, 2014 WL 1233227, at *3 (Tenn. Ct. App. Mar. 25, 2014).

ADDITIONAL RESOURCES:

Tennessee Child Support:

Social Security Administration:

Last Update: March 17, 2026

The Golden Ticket: Judicial Diversion – Tenn Code Ann. 40-35-313

Fri, 17 Apr 2020 04:29:56 GMT

We all make mistakes and one mistake should not define a person. If this is the first time you’ve been charged with a crime or crimes, understandably you are worried. If you have gone a step further and researched the maximum punishments that accompany the crime(s) you are charged with, you are keeping yourself up at night worrying. Any criminal conviction on one’s record can have significant consequences on their ability to obtain jobs, housing, or loans. REST ASSURED. Fortunately, Tennessee has a program for one-time offenders called Judicial Diversion, although it could be more accurately described as Tennessee’s “Golden Ticket.”

WHAT IS JUDICIAL DIVERSION?

Judicial Diversion, which is governed by Tennessee Code Annotated 40-35-313, is an option for anyone who has not previously been convicted of most Class C,D and E felonies or misdemeanor offense, and who has not previously entered into a diversion program. Judicial diversion allows a qualified defendant to enter a conditional plea of guilty and after the defendant successfully completes probation, the diverted charge is dismissed and can be expunged off the defendant’s record.

WHAT ARE THE REQUIREMENTS OF JUDICIAL DIVERSION?

A “qualified defendant” for judicial diversion under 40-35-313 (a)(1)(B)(i) means a defendant who:

(a) Is found guilty of or pleads guilty or nolo contendere to the offense for which deferral of further proceedings is sought;
(b) 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;
(c) Is not seeking deferral of further proceedings for a sexual offense, a violation of § 39-15-502, § 71-6-117, or § 71-6-119, driving under the influence of an intoxicant as prohibited by § 55-10-401, vehicular assault under § 39-13-106 prior to service of the minimum sentence required by § 39-13-106, or a Class A or B felony;
(d) Has not previously been convicted of a felony or a Class A misdemeanor for which a sentence of confinement is served; and
(e) Has not previously been granted judicial diversion under this chapter or pretrial diversion.

Prior to entering the conditional plea, an application must be sent to the Tennessee Bureau of Investigation to determine whether or not you have previous charges that would render you ineligible for diversion. If you are eligible and a judge agrees to place you on judicial diversion, you will be required to go on a period of probation, typically from 6 to 18 months. During your probation period, you are required to maintain good and lawful conduct. In many cases, there are additional conditions attached to your probation such as community service work, fines, the payment of restitution to victims, and/or treatment or counseling programs. In addition to the $45 a month probation fees, you are also required to pay your court costs before the end of your probation period.

WHAT IF I DON’T FOLLOW THE RULES?

If you fail to meet the conditions of your probation, or you receive a new charge during your probation period, the judge may revoke your diversion and sentence you under the charge that was diverted. According to the judicial diversion statute, if probation is violated, “the court may enter an adjudication of guilt and proceed as otherwise provided.” Tenn. Code Ann. 40-35-313(a)(2). This means that failure to comply with the rules of your diversion may require you to serve jail time.

YOU’VE SUCCESSFULLY COMPLETED DIVERSION: WHAT NOW?

After you have successfully completed your probation term and complied with all diversion conditions, you (or your attorney) can return to court and request that the charge or charges be permanently expunged from your record. Pursuant to Tenn. Code Ann. 40-35-313, upon the dismissal of the person and discharge of the proceedings against the person under subsection (a), the person may apply to the court for an order to expunge from all official records, other than the nonpublic records to be retained by the court under subsection (a) and the public records that are defined in § 40-32-101(b), all recordation relating to the person’s arrest, indictment or information, trial, finding of guilty and dismissal and discharge pursuant to this section.

GIVE US A CALL

If you have been charged with an offense in Davidson, Williamson, Rutherford, or any surrounding Middle Tennessee county and wish to know more about your diversion options and how to fight your charges, contact one of the experienced criminal defense attorneys at Freeman & Fuson. You may be eligible to have your charge or charges diverted, eventually dismissed, and permanently expunged from your record. One mistake does not define you. We can help you navigate the process of using your Golden Ticket and ensure that your rights are fully asserted and protected.

Last Update: March 17, 2026

Formalizing Foreign Adoptions in Tennessee

Fri, 10 Apr 2020 04:27:02 GMT

Parents who have adopted a child in a foreign county may be surprised to find out they need to take additional steps once returning to the U.S. with their child. After working with foreign adoption agencies and foreign judicial systems for lengthy periods of time the process is not complete once you are home with your child. Citizenship and Birth Certificates are essential items in the adoption process, unfortunately neither of these are guaranteed to be automatically granted based on the foreign adoption alone. The good news is that these issues can be acquired much easier than the initial adoption process. T.C.A. §36-1-106 provides guidance on what steps to take in Tennessee to formalize the adoption of your child from another country.

CITIZENSHIP

Depending on the type of Visa your child used to enter the U.S. after the foreign adoption, they be not automatically be a U.S. citizen. Children who entered the U.S. with an IR-3 visa automatically become U.S. citizens, but children who entered with an IR-4 visa do not become citizens until the adoption is formalized in the U.S.

TENNESSEE CERTIFICATE OF FOREIGN BIRTH

The foreign country which granted the initial adoption should have issued certified translated copies of the adoption decree as well as the birth certificate from the originating country. In order to obtain a Tennessee Certificate of Foreign Birth the parents must either file a petition for re-adoption or have the foreign adoption recognized in Tennessee. While either of these options will provide the child with a Tennessee Certificate of Foreign Birth, there are some differences in the two processes.

Re-adoption

One process to formalize the foreign adoption in Tennessee is to file a petition for re-adoption. While this may sound like an intimidating and timely process, a majority of the requirements for an initial adoption in the U.S. are waived due to the foreign country previously terminating the parent(s)’ rights and approving the adoption abroad. While your family will obtain a Tennessee Certificate of Foreign Birth, this process will also provide your new family with a Tennessee Final Order of Adoption and will remedy any citizenship issues related to the IR-3 visa. T.C.A. §36-1-116 provides additional details on what information and documents must be included in the petition for re-adoption. Original documents from the foreign court are required to be submitted with the petition, but you can request to have the originals returned to your family before the court seals the Tennessee adoption file.

Recognition of foreign adoption

The other option is to request a Tennessee Court to recognize the foreign adoption. This process is only an option if your child already has a certificate of citizenship, and may be a simpler method of obtaining a Tennessee Certificate of Foreign Birth since a final hearing in a Tennessee Court is not required, but this process will not provide your family with a Tennessee Final Order of Adoption.

In conclusion, if the child you adopted in a foreign country entered the U.S. with an IR-4 visa and has a certified translated copy of their original foreign birth certificate, your child automatically became and U.S. citizen and it is not necessary to formalize the adoption in the U.S. immediately. While it is recommended to formalize this process as quickly as possible, a situation may not arise that your child needs a certificate of foreign birth immediately and you could postpone to a move convenient time. It is important to remember that foreign birth certificates may suffice in certain circumstances but may not be as readily recognized as a Certificate of Foreign Birth issued by the State of Tennessee.

If you have any questions about formalizing a foreign adoption in Tennessee, please contact our office at Freeman & Fuson.

Marissa Keen, Esq.

Last Update: March 17, 2026

Landlord Tenant Legal Issues in Wake of 2020 Tornado and COVID-19 Pandemic

Sat, 28 Mar 2020 04:24:58 GMT

LANDLORD TENANT LEGAL ISSUES IN THE WAKE OF THE 2020 TENNESSEE TORNADOES & COVID – 19.

On March 2nd and 3rd of 2020, a series of large tornadoes touched down in Middle Tennessee, resulting in widespread damage, injuries, and fatalities. Lives were lost, electric lines were toppled, and countless homes were damaged or destroyed.

In the weeks that followed the tornadoes, a new emergency, the COVID-19 pandemic, has been forced to the forefront of everyone’s minds. As a result of “Stay at Home” orders all across the state and country, many people’s job security, and their ability to pay rent, is at risk.

Both of these emergencies present complicated landlord tenant-law issues that are sure to be increasing in the coming weeks and months. In most landlord-tenant cases, the language of the lease decides the outcome. However, the Uniform Residential Landlord Tenant Act (URLTA) serves as a helpful guideline that addresses most issues in counties covered by the Act.

LANDLORD TENANT ISSUES IN WAKE OF TORNADOES

Essential Services

One of the issues certain to arise in the landlord-tenant arena in the coming weeks and months is whether a landlord willfully, deliberately, or negligently failed to provide essential services following the tornadoes. Essential services are defined as utility services, including gas, heat, electricity, and any other obligations imposed upon the landlord which materially affect the health and safety of the tenant.

Under URLTA, landlords cannot “constructively evict” tenants by failing to provide essential services. This is known as an “unlawful diminution of service.” If a landlord is found to have willfully failed to provide essential services, the tenant may terminate the rental agreement and recover any damages sustained, in addition to their attorney’s fees.

Even if a landlord’s actions fall short of being willful, a tenant may still have a claim for the negligent failure to provide essential services. URLTA states that if a landlord deliberately or negligently fails to supply essential services, the tenant, after giving proper notice, has three options: (1) procure whatever essential service they are lacking and deduct their expenses from their rent; (2) recover damages based upon the diminution in the fair market value of the home; (3) move into reasonable substitute housing, in which case the tenant is excused from paying rent for the period of the landlord’s noncompliance. If a tenant chooses option 3, they are also entitled to recover the value of their substitute housing, in addition to their attorney’s fees.

If you are a landlord and a tenant is alleging you have failed to provide essential services after the tornado, you may be protected since the tornado was certainly not a willful act. However, you should seek to make necessary repairs when possible or you may be at risk of being deemed negligent. Conversely, if you are a tenant and your landlord is not seeking to make necessary repairs to restore essential services, you may have a claim that those actions amount to a negligent, or potentially even willful, diminution of services.

Casualty Damage

Another issue that many landlords and tenants are experiencing is that buildings are wrecked beyond quick repair. According to URLTA, if a tenant’s home is damaged or destroyed by fire or casualty to an extent that the use of home is substantially impaired, a tenant may immediately vacate the premises but must notify the landlord in writing within fourteen (14) days of their intent to terminate the rental agreement. Under this scenario, the tenant’s rental agreement is terminated as of the date of vacating.

Conversely, if the home is damaged or destroyed by fire or casualty to an extent that restoring the home to its undamaged condition requires the tenant to vacate the premises, the landlord is authorized to terminate the rental agreement within fourteen (14) of providing proper notice. With the tornadoes qualifying as “casualty,” this means that both the landlord and the tenant were entitled to terminate the lease without penalty if they provided notice within fourteen (14) days. However, that only applies if the premises has been rendered uninhabitable which isn’t explicitly defined.

OTHER LANDLORD TENANT ISSUES IN WAKE OF COVID-19

As for COVID -19, as of March 25, 2020, all state courts are closed until May 1st, subject to a few exceptions that do not include landlord tenant matters. Even when courts resume and a tenant has their court date, the law still gives them ten (10) days to move out if a judgment is obtained against them, as it takes ten (10) days for the judgment to be final. While the law requires a minimum of ten (10) days, an advantage to hiring an experienced attorney to represent you in these proceedings is that we are frequently able to negotiate with the opposing counsel to get more time in the unfortunate event you are required to vacate the premises.

Even if your situation was directly caused or impacted by the 2020 Tornado or the COVID-19 pandemic, if you are a tenant, you should still continue to pay at least some portion of your rent during this time. Even if courts are temporarily shut down and your landlord cannot initiate eviction proceedings yet, any breach of your lease during this time will still stand once the court restrictions are lifted and you will be subject to eviction at that point. Additionally, any unpaid rent will be added to the final bill at eviction.

More than likely, the courts will have some mercy on tenants whose lives have been disrupted by the loss of employment, loss of childcare, or medical illness. The courts will also be forced to take into consideration the difficulty facing tenants who have to secure movers or transportation to move their property from the home. The Courts have the discretion to give tenants additional time to move out of their home and in light of the COVID-19 pandemic, they will likely utilize this discretion.

If either of these emergencies are causing you landlord-tenant issues, contact one of the experienced attorneys at Freeman & Fuson today. We are experienced at fighting for the rights of both individuals facing 2020 Tornado and COVID-19 related landlord/tenant issues. We will help you navigate your legal issues in these uncertain times.

Nick Schulenberg, Esq.

Attorney

Freeman & Fuson

nick@freemanfuson.com

(615) 298-7272

Last Update: March 17, 2026

Discovery in an Order of Protection (OP) Case

Mon, 04 Feb 2019 04:21:07 GMT

In a recent Tennessee Court of Appeals decision, Luker v. Luker, M2018-00138-COA-R3-CV (Tenn. Ct. App.2018), the Court addressed whether a respondent in an Order of Protection case had a right to conduct discovery in order to prepare for the hearing. The typical Order of Protection case is set for a hearing within fifteen (15) days of the respondent being served. Once served, typically an ex parte order of protection is issued, which many believed was intended to protect the petitioner from harm.

In Luker, the Court of Appeals stated, much differently, that the requirement of a hearing within 15 days was intended to protect the respondent from frivolous ex parte orders of protection and not intended for the protection of the petitioner. The Court also stated that it saw no barrier to a respondent requesting that the hearing be put for a definite period of time in order to request reasonable discovery as long as the ex parte order remained in place. The catch in the Court’s opinion is that discovery would be granted at the trial court’s discretion, meaning that the ability to conduct discovery in an order of protection case would be decided on a case-by-case and court-by-court basis.

This opinion is extremely important because of the nature of order of protection cases. Respondent’s get served with an order and have a court date set in a matter of days. The petitions for an order of protection are also notoriously vague and tend not to provide dates of incidents or name potential witnesses. Discovery in such cases allows a respondent to request more detailed information in the allegations so that they may properly develop a defense to each specific claim.

Short Term Rentals in Nashville, Tennessee

Tue, 24 Jul 2018 04:18:24 GMT

Nashville is experiencing a significant increase in tourism. As reported by the Tennessean on January 25, 2018, “the Nashville area set another record for annual visitors in 2017, bringing in 14.5 million people and reaching a new high mark for hotel rooms sold.” While traditional hotel stays have been the staple of tourism for Nashville and most US cities, short-term rental services like Airbnb, HomeAway, and VRBO have increased in popularity as a means of vacationing in a comfortable and private environment. Short-term rentals have become the desired method of traveling for a large portion of the population and it is only growing. Short-term rentals also provide a way for Nashville residents to gain income from their properties located near popular attractions. However, Nashville and other local governments have enacted zoning regulations that limit the potential gain of residents in renting short-term.

Freeman & Fuson has spent the last decade practicing in the area of land use and zoning.

While owning a short-term rental can be very profitable, the following is what you need to know before you use your property as a short-term rental unit:

You must first obtain a permit from the Codes Administration. The Codes Administration website details how to do so here .

If you are found by the Codes Administration to be operating a short-term rental unit without a permit, you can be prohibited from obtaining a permit on the property for three years.

A valid permit may be revoked if the Codes Administration cites you for three violations of the local zoning regulations; the revocation of a valid permit can result in no new permit being available for the property for one year.

You have the right to appeal a decision from the Codes Administration to either prohibit your property from being eligible for a permit or to revoke an existing permit. This appeal would be to the Board of Zoning Appeals.

The process for obtaining a short-term rental permit in Nashville can be frustrating, but it is important to obtain one so that you can maximize the revenue you can make on your property. If you operate a short-term rental property and have been denied a permit, have been found by the Codes Administration to operate a short-term rental without a permit, or have had your permit revoked, contact an experienced land use and zoning attorney to represent you.

Co-authored by Trey Woodall, Belmont Law Student

Last Update: March 17, 2026

Equal Pay in Tennessee

Tue, 17 Jul 2018 03:24:45 GMT

Pt. 1: What is an Equal Pay Claim and How to Prove It?

What is an Equal Pay Claim?

An equal pay claim is a lawsuit that alleges that an employer is paying a woman less than men in the workplace for comparable work. For women in Tennessee, two laws provide a right to sue an employer who violates this idea of equal pay.

Federal – The Equal Pay Act of 1963 under the federal Fair Labor Standards Act (FLSA) requires an employer to compensate employees equally for “equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. . . .” 29 U.S.C.A. § 206 (West).
State – The Tennessee Equal Pay Act requires employers provide equal pay to women “for comparable work on jobs the performance of which require comparable skill, effort and responsibility, and that are performed under similar working conditions.” Tenn. Code Ann. § 50-2-202(a) (West).

An article from the National Women’s Law Center Women alleged that Women only made 59 cents for each dollar paid to men when the Equal pay act was passed. Although there has been much improvement, the American Association of University Women reported that women in Tennessee still make 18% less than men do. This vast differential in pay puts women at an unfair disadvantage in the marketplace. If you believe you have been or are being paid less than members of the opposite sex in your workplace, call an experienced attorney to advise you on your ability to recover unpaid wages and compensation. Freeman & Fuson has years of experience in civil litigation.

How to Prove it?

Initial Proof

An employee bringing an equal pay claim against an employer must first show that the employee was paid differently than employees of the opposite sex for similar work. See Schleicher v. Preferred Solutions, Inc., 831 F.3d 746, 752 (6th Cir. 2016).

The Employer’s Potential Defenses

Once an employee has shown that she has been paid less than employees of the opposite sex for similar work, the employer can only defend on certain grounds. The employer must prove that the difference in pay is because of “(1) a seniority system; (2) a merit system; (3) a system which measures earnings by quantity or quality of production; or (4) any other factor other than sex.” Id. However, if the employer proves one of those four defenses, an employee can still recover if she can show that the reason offered by the employer for the disparity in pay is not the real reason it occurred. Id. at 753.

An experienced attorney can help you gather the proof you need to establish an equal pay claim. If successful, the employer must cover all attorneys’ fees. Additionally, you could be entitled to double the amount of unpaid wages from your employer. If you believe you are being paid less than men in your workplace, let Freeman & Fuson fight for the pay you deserve. Call our office at (615) 298-7272 and ask to speak to an attorney immediately.

Joseph W. Fuson, Esq. and Trey Woodall, Belmont Law Student

Last Update: March 17, 2026

Bonnaroo 2018: Top 9 Common Crimes

Thu, 31 May 2018 03:09:45 GMT

BONNAROO 2018: 9 Common Criminal Charges at Bonnaroo

With Bonnaroo 2018 in Manchester, Coffee County, Tennessee, just around the corner, it is important to keep in mind the heavy law enforcement presence that will be at the event and on the surrounding highways and interstate.

The following are the top eight crimes commonly charged at Bonnaroo:

Simple Possession; Casual Exchange: (a) It is an offense for a person to knowingly possess or casually exchange a controlled substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice. (b) It is an offense for a person to distribute a small amount of marijuana not in excess of one-half (½) ounce (14.175 grams). Tenn. Code. Ann. § 39-17-418. (West)
Felony Manufacture, Sale or Delivery of a Controlled Substance – It is an offense for a defendant to knowingly manufacture, deliver, sell, or possess with the intent to manufacture, deliver or sell the controlled substance. Tenn. Code Ann. § 39-17-417 (West).

* Some Sch. I drugs can become Class A Felonies subject to 15-60 years, max $500,000 fine

** Some Sch. II drugs can become Class B Felonies subject to 8-30 years, max $200,000 fine

Felony Possession Of Controlled Substance – Intent to Manufacture, Deliver or Sell: Although not caught manufacturing, delivering or selling a controlled substance, it may be inferred from the amount of a controlled substance or substances possessed by an offender, along with other relevant facts surrounding the arrest, that the controlled substance or substances were possessed with the purpose of selling or otherwise dispensing. Tenn. Code Ann. § 39-17-419 (West)
Public Intoxication: (a) A person commits the offense of public intoxication who appears in a public place under the influence of a controlled substance, controlled substance analogue or any other intoxicating substance to the degree that: (1) The offender may be endangered; (2) There is endangerment to other persons or property; or (3) The offender unreasonably annoys people in the vicinity. Tenn. Code. Ann. § 39-17-310 (West).
Drug Paraphernalia: [I]t is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or controlled substance analogue in violation of this part. § 39-17-425 (West).
Assault: A person commits assault who: (1) Intentionally, knowingly or recklessly causes bodily injury to another; (2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or (3) Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative. § 39-13-101 (West).
Counterfeit controlled substances: It is an offense for a person to: Sell; Deliver; or Distribute a substance that is represented to be a controlled substance and which is substantially similar in color, shape, size, and markings or lack thereof, to a Schedule I, II, III or IV controlled substance as classified in §§ 39-17-406 — 39-17-412, in order that the substance may be sold as a controlled substance. Tenn. Code Ann. § 39-17-423 (West)
False Identification: (a) A person commits the offense of using a false identification who, for the purpose of obtaining goods, services or privileges to which the person is not otherwise entitled or eligible, uses a false identification. Tenn. Code Ann. § 39-16-303 (West).
Disorderly Conduct: A person commits an offense who, in a public place and with intent to cause public annoyance or alarm: (1) Engages in fighting or in violent or threatening behavior; (2) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or other emergency; or (3) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose. (b) A person also violates this section who makes unreasonable noise that prevents others from carrying on lawful activities. Tenn. Code Ann. § 39-17-305 (West).

Know your rights! If you are cited or arrested and charged with one of these 9 criminal offenses, you have the right to an attorney. Please contact an experienced lawyer to represent you who knows the laws and understands these types of crimes. Having an experienced and knowledgeable attorney could save you money, stress and possibly be the difference in being a felon or not. Don’t fight these serious charges on your own.

Joseph Fuson, Esq.

Last Update: March 17, 2026

2017 Bonnaroo Music Festival & Tennessee’s Marijuana Concentrate Laws

Tue, 06 Jun 2017 19:21:27 GMT

There has been a nationwide boom in the popularity of marijuana concentrates or extracts in the past several years. Whether it is the ease of use, perceived health benefits, or increased potency, marijuana concentrates have increased their foothold in the marijuana market. Often times these marijuana concentrates are consumed in electric pens that look and smell similar to the devices used to consume tobacco oils and waxes. This has caused problems for law enforcement in the states where marijuana and marijuana concentrates remain illegal due to how discreetly these products can be carried and consumed. This also makes these products the top choice for people attending the Bonnaroo Music Festival.

Marijuana Concentrates

Marijuana concentrates and extracts go by a variety of names such as oil, wax, live resin, honey oil, shatter, press, or dabs. Regardless of the difference in the product of nomenclature, marijuana concentrates include any product produced by the extraction of THC from marijuana. Concentrates remain categorized under T.C.A. 39-17-415 – Schedule VI – under the general category Marijuana or Tetrahyrdocannibanols (THC). Based on my experience, if a citizen possesses a very small amount of marijuana concentrates or a pen with marijuana oil or wax they are usually charged under T.C.A 39-17-418 – Simple Possession/Casual Exchange – Class A Misdemeanor, and face up to 11 months and 29 days in jail, with a maximum fine of $2,500.00.

However, under 39-17-417, Tennessee law states that a person who possesses not more than 2 pounds (905 grams) of a non-leafy, resinous material containing tetrahyrdocannabinols is a Class E Felony, 1-6 years in jail and maximum fine of $5,000.00. This appears to cover marijuana extracts and concentrates due to the broad category of tetrahyrdocannabinols and resinous material description and could result in felony charges if you possess more than a personal consumption amount of marijuana concentrates.

Felony Possession of Marijuana Concentrates

Possessing large amounts of marijuana concentrates, in any form, will likely result in felony charges. T.C.A. 39-17-417 states that possessing 2-4 pounds of hashish or a controlled substance defined as a non-leafy, resinous material containing tetrahyrdocannabinols is a Class D felony, 2-12 years in jail, maximum fine of $50,000.00; 4-8 pounds is a Class C felony, 3-15 years in jail, maximum fine of $100,000.00; 8-15 pounds is a Class B felony, 8-30 years in jail, maximum fine of $200,000.00; and more than 15 pounds is a Class A felony, 15-60 years in jail, maximum fine of $500,000.00.

Tennessee Code Annotated 39-17-455

Prior to 2016, extracting marijuana concentrates was not specifically designated as a crime under Tennessee Law. However, effective July 1, 2016, T.C.A. 39-17-455 now defines and lists the penalties for extracting marijuana concentrates. This would include festival goers at Bonnaroo who attempt to manufacture marijuana concentrates in their vehicle or at their campsite.

Under T.C.A. 39-17-455 (b), it is an offense for a person to knowingly manufacture marijuana concentrate by a process, which includes use of an inherently hazardous substance. The new law defines an “inherently hazardous substance” as any liquid chemical, compressed gas or commercial product that has a flash point at or lower than 38 degrees Celsius or 100 degrees Fahrenheit. A list of commonly used solvents this law would cover includes: Ethanol (Everclear), Isopropyl Alcohol, Propane, CO2, Ether and Butane. A violation of T.C.A. 39-17-455 (b) is a Class E Felony.

Additionally, under T.C.A. 39-17-455 (c), it is an offense for any person who owns, manages, operates, or otherwise controls the use of any premises to knowingly allow marijuana concentrates to be manufactured on the premises by a process that includes use of an inherently hazardous substance. A violation of T.C.A. 39-17-455 (c) is a Class A Misdemeanor. It is unclear if this extends to campsites or vehicles.

Conclusion

Possessing marijuana concentrates in any form, using any method, is illegal in Tennessee and will result in criminal charges so long as the concentrate contains tetrahyrdocannibanol (THC). While it may be tempting to carry your G-pen or dab rig into Bonnaroo, if you are caught while entering the Bonnaroo Music Festival or while attending, you may be arrested on felony charges.

Additionally, not only can manufacturing these products in a non-laboratory setting be dangerous for even the experienced person, it is also now illegal under Tennessee law.

Please be safe and responsible and if you are charged with violating the marijuana concentrate law in Tennessee, remain silent and contact our office.

Joseph Fuson, Esq. – Partner and Trial Attorney at Freeman & Fuson

Trial Lawyer

Last Update: March 17, 2026

Man Shoots Gun at Government Employee and Argument from Defense Attorney Effectively Amends the Indictment

Tue, 06 Jun 2017 02:53:21 GMT

In a recent case in Nashville, Leroy Myers was charged with aggravated assault after he allegedly shot a gun in the direction of a Metro Codes employee visiting his home. Following a bench trial, the trial court found Leroy Myers not guilty of the charged offense, aggravated assault, but guilty of reckless endangerment with a deadly weapon. The trial court ruled that based on defense counsel’s argument and submissions to the court that the defendant effectively amended the indictment to include reckless endangerment. On appeal, Myers asserted that reckless endangerment is not a lesser-included offense of aggravated assault under the facts of the case and that there was not an implicit amendment to the indictment to include reckless endangerment. The Tennessee Court of Criminal Appeals affirmed the judgment of the trial court. State v. Myers, No. M2015–01855–CCA–R3–CD, 2016 WL 6560014 (Tenn. Crim. App. November 4, 2016).

A defendant cannot legally be convicted of an offense which is not charged in the indictment or which is not a lesser offense embraced in the indictment. State v. Cleveland, 959 S.W.2d 548, 552 (Tenn. 1997) . The State, the defendant, and the trial court agreed that reckless endangerment was not a lesser included offense of intentional or knowing aggravated assault. However, when a defendant actively, yet erroneously, seeks an instruction on a lesser-included offense, the defendant effectively consents to an amendment of the indictment. State v. Greg Patterson, No. W2011–02101–CCA–R3–CD, 2012 WL 206287, at *3 (Tenn. Crim. App., at Jackson, Dec. 11, 2012)

In this case, defense counsel through his comments, submissions of case law, and argument to the court raised the issue of whether the defendant’s actions could be a lesser included offense like reckless endangerment. When the court stated it would take the matter under advisement to consider lesser included offenses like reckless endangerment, defense counsel made no objection. In furtherance of defense counsel’s argument and for the court’s consideration of lesser-included offenses, defense counsel submitted two cases for the court to consider. Both of these were reckless endangerment cases. State v. Payne, 7 S.W.3d 25 (Tenn. 1999); State v. Shaw, W2010–00201–CCA–R3–CD (Tenn. Ct. Crim. App. June 1, 2011). Based upon those facts, the trial court found an effective amendment to the indictment because the defendant actively sought to place it before the court on the uncharged offense, reckless endangerment. The trial court stated and the appellate court reiterated that the defendant cannot complain about convictions for an offense which, without his own counsel’s intervention, would not have been considered by the Court. In addition, the appellate record was incomplete and the appellate court presumed the trial court’s findings were correct.

Factually and procedurally, this is an interesting case and one that defense lawyer’s should note because it emphasizes the importance and magnitude of our words in the context of a heated courtroom battle.

Blake Bratcher is an Associate Attorney at Freeman and Fuson.

Last Update: March 17, 2026

Tennessee Supreme Court Overturns Longstanding Test Concerning Search Warrants

Wed, 12 Apr 2017 02:48:19 GMT

The Tennessee Supreme Court in State of Tennessee v. Jerry Lewis Tuttle, M2014-00566-SC-R11-CD, seized the opportunity to revisit the continuing vitality of State v. Jacumin, 778 S.W.2d 430 (Tenn. 1989). In Jacumin, the Tennessee Supreme Court refused to follow Illinois v. Gates, 462 U.S. 213 (1983), which adopted a totality-of-the-circumstances analysis for determining whether an affidavit establishes probable cause for a search warrant and employed another test spawning from the United States Supreme Court decisions, Aguilar v. Texas, 378 U.S. 108 (1964) and Spinelli v. United States, 393 U.S. 410 (1969). In Tuttle, around twenty-eight years after Jacumin was decided, the Court explicitly overruled Jacumin and adopted the totality-of-the-circumstances analysis for determining whether an affidavit establishes probable cause for issuance of a warrant under article I, section 7 of the Tennessee Constitution. Applying the totality of the circumstances standard, Tennessee’s highest court reversed the Court of Criminal Appeals’ decision holding the search warrant invalid which produced marijuana, cocaine, guns, ammunition, and over 1 million dollars cash.

The Tennessee Supreme Court rested its decision on a variety of reasons including the benefit of time and review of cases from other jurisdictions applying the totality of the circumstances test. The Court stated that a vast majority of courts in other states have adopted the totality of circumstances analysis which is, in the Court’s opinion, a sufficiently definite standard for assessing probable cause in a search warrant and much better suited to evaluate the practicalities that underlie the probable cause inquiry. While the basis of knowledge and veracity remain relevant under the totality-of-the-circumstances test, these prongs need not be independently established as a result of the Court’s decision.

The Court appears to unanimously agree this is an improvement upon the previous test employed in Jacumin by ensuring that an informant’s basis of knowledge and veracity are not viewed as entirely separate prerequisites to probable cause requiring rigid and technical analysis. However, this decision appears to some as limiting and nearly eradicating constitutional supervision regarding police searches. The rigid and technical analysis mentioned by the Court is often what protected citizens from unwarranted police searches and prevented police from using evidence against the criminally accused that was seized as a result of these unlawful searches.

If you think your rights may be affected by this decision and have any questions, please contact our office or your current attorney.

Blake Bratcher is an associate at Freeman and Fuson.

Last Update: March 17, 2026

Tennessee Department of Safety and Driver’s License Fraud

Wed, 05 Apr 2017 02:46:20 GMT

In 2013 the Tennessee Department of Safety unveiled new kiosks at DMVs across the state which helped make renewing a license a much quicker process. These kiosks are also equipped with access to state’s driver’s license network records and facial recognition software.

So what does that have to do with fraud? After any person uses a kiosk to update their driver’s license, the software runs your information using the facial recognition software to determine if you have ever received a driver’s license under a different name. If so, that person is then “flagged” and the Department of Safety’s identity crime unit is notified and an investigation ensues.

Because the software is so new and most people are using the kiosks for the first time, most of the flagged individuals are alleged to have used an alternate name to gain a driver’s license from years earlier. Although it is possible they could face criminal charges, most are subject to a two (2) year suspension of their driver’s license due to the statute of limitations.

There are a number of issues with the State’s use of facial recognition software, in particular its reliability and whether it tends to target undocumented aliens. If you receive notice of an allegation of fraud from the Tennessee Department of Safety, you have the right to request a hearing and challenge their fraud determination. Please note that you only have twenty (20) days to request a hearing or else you are required to surrender your license to the Department of Safety.

The Fight is Not Over: Post-Conviction Relief Part III

Mon, 20 Mar 2017 02:44:29 GMT

Time is of the Essence

Aside from very limited exceptions enumerated within the post-conviction statute and discussed below, a person in custody under a sentence of a court of this state (Tennessee) must petition for post-conviction relief under this part within one (1) year of the date of the final action of the highest state appellate court to which an appeal is taken or, if no appeal is taken, within one (1) year of the date on which the judgment became final, or consideration of the petition shall be barred. The statute of limitations shall not be tolled for any reason, including any tolling or saving provision otherwise available at law or equity. Time is of the essence of the right to file a petition for post-conviction relief or motion to reopen established by this chapter, and the one-year limitations period is an element of the right to file the action and is a condition upon its exercise. Tenn. Code Ann. 40-30-102(a).

Exceptions to the 1 year Requiremen

There are three narrow statutory exceptions to the statute of limitations in post-conviction matters. These exceptions are set forth in Tennessee Code Annotated section 40-30-102(b)(1), (2) & (3):(1) claims based on an appellate court ruling concerning a constitutional right not recognized at the time of the trial and given retroactive effect by the appellate courts; (2) claims based upon newly discovered evidence which establishes that the petitioner is actually innocent of the crime; and (3) claims which arise out of a situation where the petitioner received an enhanced sentence for a crime based on previous convictions which were later held to be invalid. In addition to the exceptions set out in the statute, the courts in this State have found that due process concerns can toll the statute of limitations in certain factual situations. Williams v. State, 44 S.W.3d 464 (Tenn.2001); Sands v. State, 903 S.W.2d 297 (Tenn.1995); Burford v. State, 845 S.W.2d 204 (Tenn.1992).

You Need to Act

If you have been convicted of a crime and want to explore post-conviction relief, it will benefit you to consult with a lawyer who has experience in this area. As the legislature succinctly put it—time is of the essence. In all honesty, post-conviction relief may be your last chance to remedy a wrongful conviction. Due to the demanding burden of proof, the reasonableness standard of review the Court will implore, and the time-sensitive nature of these matters, it is extremely important to hire a lawyer that has both trial experience and experience in post-conviction matters to handle your case.

Blake Bratcher is an Associate Attorney at Freeman and Fuson.

Last Update: March 17, 2026

Body Cameras in Nashville: Costly But Necessary

Mon, 20 Mar 2017 02:40:32 GMT

Metro Nashville Police Chie f Steve Anderson recently proposed a $50.1 million plan to purchase body cameras for all 1,440 of the city’s police officers and to install new dash cameras on 880 department vehicles. Although Mayor Barry has been a staunch supporter of body cameras, she raised concerns at the hearing on March 16, 2017. Her concerns were centered on the cost of this proposal in light of similar programs implemented in other states that were far less costly. Despite Mayor Barry’s concerns, Chief Anderson appears to be of the mindset that if the department is going to do it, it better be done right, and the cameras must be working at all times in order to insure public confidence.

Police body cameras, which provide video footage of arrests and encounters between police and civilians, are considered one way to reduce the potential for police misconduct. These cameras could also aid persons who are criminally charged in presenting a defense in addition to rebutting an officer’s testimony. On the flip side, the State could benefit from the video footage if it is relevant to the case and use it against the defendant at trial. For example, in a driving under the influence (DUI) case, the reason why the driver was stopped often becomes an issue. Common reasons for a traffic stop include following too closely, swerving over a traffic line, failure to come to a complete stop at a stop sign or running a red light. These “stop” issues, which fall under the probable cause standard, could be simplified by the video footage. In addition, incidents involving police officers using force or a citizen resisting arrest could also be clarified by video that will be preserved under this proposed plan.

To date, this proposed plan and its funding is essentially a work in progress, and we will keep you apprised of its progress and implementation. When and if the body and vehicle camera program is implemented, it will be a game changer in future criminal cases.

Blake Bratcher is an Associate at Freeman & Fuson.

Last Update: March 17, 2026

Appealing Your Recent Property Tax Assessment

Fri, 10 Mar 2017 02:39:01 GMT

The next “it” city, Nashville, has seen tremendous growth, new neighborhoods, cranes all over downtown and an economic boom. While this is great, it also comes with its own set of problems. The one problem that most of us will see in the mail shortly is the valuation placed on our homes by the Tax Assessor for Metropolitan Nashville-Davidson County.

This April, Davidson County homeowners will start receiving reappraisal notices from the county property assessor’s office. The average property assessment increase in Davidson County is 35%. The increase in property value is great for those who plan on selling their homes, but those who are long-time residents planning to stay will not reap any benefit from the increase.

Luckily, any property owner who believes that the new assessment value regarding their property is incorrect has the right to appeal that assessment. The appeal process has several steps, all of which can result in a decrease, increase, or your property assessment remaining the same. Please note that with every step listed below, time is of the essence, or else you may lose your right to appeal.

Informal Review. The first level is an informal review. In Davidson County, this is typically a meeting with the property assessor’s office and a representative from Metro Legal to determine if the property assessor has made a mistake in the determination of the property value or if there are other factors not taken in to consideration which may have an effect on your property’s value.

Formal Appeal to Board of Equalization. In the event you do not agree with the result of the informal review, you may request a review by the Davidson County Board of Equalization. This is a formal appeal in which you must appear or hire counsel to appear on your behalf. Otherwise, failing to appear will result in the assessment becoming final.

Appeal to State Board of Equalization. The last avenue of appeal is to the Tennessee Board of Equalization. These appeals must be formally filed with the Secretary of State, sworn to and the applicable filing fee must be paid. This must be filed either by August 1 or within 45 days of the notice of the ruling by the State Board. After the hearing in front of the State Board of Equalization a petitioner has fifteen (15) days to petition for reconsideration of their decision.

Lastly, Tennessee case law shows that any undisputed amount of property taxes must be paid in order to pursue the appeal.

If you are looking for assistance with your property assessment appeal, contact Freeman & Fuson.

Blake Bratcher is an Associate Attorneys with Freeman & Fuson.

Last Update: March 17, 2026

The Fight is Not Over: Post-Conviction Relief Part II

Mon, 27 Feb 2017 02:35:45 GMT

Following a guilty verdict, the presumption of innocence is no longer with the petitioner. Therefore, the burden of proof shifts to the petitioner to show that he or she received ineffective assistance of counsel. If the petitioner is successful, the conviction could be set aside and a new trial granted.

Clear and Convincing Evidence is Required

To be successful in a petition for post-conviction relief, the petitioner must prove all factual allegations by clear and convincing evidence. Tenn. Code Ann. § 40-30-110(f) (2006)(emphasis added). Evidence is “clear and convincing when there is no serious or substantial doubt about the accuracy of the conclusions drawn from it. Hicks v. State, 983 S.W.2d 240, 245 (Tenn. Crim. App. 1998) (citing Hodges v. S.C. Toof & Co., 833 S.W.2d 896, 901, n.3 (Tenn. 1992)).

Reasonableness Standard

In evaluating a lawyer’s performance, the reviewing court uses an objective standard of “reasonableness.” Strickland, 466 U.S. at 688; Burns, 6 S.W.3d at 462. The reviewing court must be highly deferential to counsel’s choices “and should indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance.” Burns, 6 S.W.3d at 462. The court should not use the benefit of hindsight to second-guess trial strategy or to criticize counsel’s tactics, Hellard v. State, 629 S.W.2d 4, 9 (Tenn. 1982), and counsel’s alleged errors should be judged in light of all the facts and circumstances as of the time they were made, see Strickland, 466 U.S. at 690; Hicks v. State, 983 S.W.2d 240, 246 (Tenn. Crim. App. 1998).

You Need to Act

If you have been convicted of a crime and want to explore these options, it will benefit you to consult with a lawyer who has experience in this area. As the legislature succinctly put it—time is of the essence which will be discussed in further detail in Part III of this series. In all honesty, pursuing post-conviction relief may be your last chance to remedy a wrongful conviction. Based upon the demanding burden of proof requiring clear and convincing evidence and the reasonableness standard of review the Court will implore, it is extremely important to hire a lawyer that has both trial experience and experience in post-conviction matters to handle your case.

Blake Bratcher is an Associate Attorney at Freeman and Fuson.

Last Update: March 17, 2026

Gun Rights and Criminal Justice Legislation to Watch This Week in Tennessee

Mon, 20 Feb 2017 02:33:10 GMT

Gun Rights

Several pieces of legislation will be discussed before the Tennessee Legislature this week that aim to lessen restrictions on gun ownership, and would allow handgun carry permit holders to carry almost anywhere in the state. The legislation would allow handgun carry permit holders to have their gun anywhere in the state, on a boat if it is not loaded and in a school if the principal is informed. Another bill sponsored by Rep. Tilman Goins, R-Morristown, would allow people with restraining orders to carry guns if they have a valid carry permit.

Another bill pertaining to gun rights filed by Rep. Andy Holt, R-Dresden, would give criminal and civil immunity to people who use a handgun in self-defense, defending another person, or defending a victim of a crime in progress.

Criminal Justice

A bill from Rep. Antonio Parkinson, D-Memphis, would require the state parole board to meet and grant immediate release of a parolee who was jailed on an offense that was dismissed by the courts. Another bill would expedite death penalty appeals directly to the state Supreme Court.

Blake Bratcher is an Associate Attorney at Freeman and Fuson

Last Update: March 17, 2026

The Fight is Not Over: Post-Conviction Relief Part I

Mon, 13 Feb 2017 02:31:21 GMT

If you have been convicted of a crime and your appeal has been denied, the fight is not over. At trial and on appeal, you have the right to effective assistance of counsel in your case. A denial of the Sixth Amendment right to the effective assistance of counsel is simultaneously a denial of the right to be heard by counsel, as provided under Article 1, section 9 of the Constitution of Tennessee. Baxter v. Rose, 523 S.W.2d. 930(Tenn. 1975). Tennessee provides an avenue for relief within Tennessee Code Annotated section 40-30-101 et. seq. If you are victorious, your conviction could be set aside and a new trial granted.

In a post-conviction relief proceeding when the effectiveness and competency of one’s counsel is challenged, the petitioner must show that his counsel’s work was not “within the range of competence demanded of attorney’s in criminal cases,” Baxter v. Rose, 523 S.W.2d. 930, at 936 (Tenn. 1975); Tidwell v. State, 922 S.W.2d. 497, at 500 (Tenn. 1996), and that his case was prejudiced as a result of counsel’s ineffectiveness. Strickland v. Washington, 466 U.S. 668, 687-697, 104 S.Ct. 2052, 2064-2069, 80 L. Ed. 2d. 674 (1984).

Deficient Performance

Specifically, the Strickland court stated, “First the defendant must show that counsel’s performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the “counsel” guaranteed the defendant by the Sixth Amendment. Strickland, 466 U.S. at 687, 104 S.Ct. at 2064, 80 L.Ed.2d 674 (1984); Tidwell, 922 S.W.2d at 500.

Prejudice

To demonstrate prejudice, a defendant must show a reasonable probability that “but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland at 694. This requires showing that counsel errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. Strickland, 466 U.S. at 687, 104 S.Ct. at 2064, 80 L.Ed.2d 674 (1984); Tidwell, 922 S.W.2d at 500.

Unless a defendant makes both showings, it cannot be said that the conviction or sentence resulted from a breakdown in the adversary process that renders the result unreliable, and relief will be denied.

You Need to Act

If you have been convicted of a crime and want to explore these options, it will benefit you to consult with a lawyer who has experience in this area. As the legislature succinctly put it—time is of the essence which will be discussed in further detail in Part III of this series. In all honesty, pursuing post-conviction relief may be your last chance to remedy a wrongful conviction. It is extremely important to hire a lawyer that has both trial experience and experience in post-conviction matters to handle your case.

Blake Bratcher is an Associate Attorney at Freeman and Fuson.

Last Update: March 17, 2026

Unauthorized Substance Tax

Tue, 23 Aug 2016 02:29:08 GMT

For persons in Tennessee who are charged with drug possession, a criminal charge is not the end to their troubles. Under Tennessee, certain persons who are found to be in possession of drugs can be assessed an Unauthorized Substance Tax by Tennessee’s Department of revenue.

The Tennessee Department of Revenue will send out a “Notice of Assessment” that indicates that a person has been found in possession of untaxed, unauthorized substances and that they are liable for tax payments to the state. The amount taxed will vary depending on the substance and the amount you were alleged to possess, but will always be greater than $10,000.00.

Why is the tax greater than $10,000.00? There are two reasons. First, under Tennessee law, individuals who possess unauthorized substances can be categorized as “merchants”. A “merchant” is defined as any person who actively or constructively possesses any unauthorized substance in a quantity sufficient to create a principal tax liability of at least $10,000.00. This bring us to our second reason, the Tennessee Legislature has created a schedule of tax amounts on unauthorized substances. For example, the State levies 40 cents for each gram of harvested marijuana, $350.00 for each plant of marijuana and $50.00 for each gram of cocaine. When the State receives a report from the arresting agency, they review the amounts, determine if it meets the $10,000.00 threshold, and if so, assess the tax against you.

So what can you do if you receive a Notice of Assessment from the Tennessee Department of Revenue? The first thing you should do is contact an attorney. Under Tennessee Law, you have a right to request an informal conference to discuss the tax assessment within thirty (30) days of receipt of the notice. An informal conference is an opportunity to challenge the tax, in whole or in part, and requires detailed knowledge of the criminal charges that were made against you. An attorney with experience in Unauthorized Substance Tax proceeding can use information from your criminal case to have the tax assessment dropped or reduced. In the event that the tax is not vacated after the informal conference, you have the option to file suit in Chancery Court to challenge the tax.

In handling these types of cases, our firm has found that the Department of Revenue makes the decision to assess this tax based upon very limited information. We take the time to thoroughly look through any documentation, including discovery from your criminal case, to challenge validity of the tax being assessed against our clients. If you have received a Notice of Assessment for an Unauthorized Substance, contact our firm today.

Last Update: March 17, 2026

Why Possession of Marijuana Over 14.175 Grams Is Not Always a Felony

Tue, 12 Jul 2016 01:47:48 GMT

In Tennessee, if you are found to be in possession of over ½ ounce (14.175 grams) of marijuana you will most likely be charged with violating TCA 39-17-417, Possession of a Schedule VI with Intent to Manufacture, Deliver or Sell, a Class E Felony, which carries 1-6 years in prison. However, you may not be guilty of this crime, a felony, despite the weight of the marijuana being greater than 14.175 grams. The reason is that in Tennessee the amount of marijuana is not the only factor for the jury to consider when determining if you are guilty of a felony for possessing marijuana with the intent to manufacture, deliver or sell the marijuana.

Tennessee Code Annotated 39-17-419 states that it may be inferred from the amount of a marijuana possessed by an offender, along with other relevant facts surrounding the arrest, that the marijuana was possessed with the purpose of selling or otherwise dispensing. The statute goes on to say that it may be inferred from circumstances indicating a casual exchange among individuals of a small amount of marijuana so exchanged was possessed not with the purpose of selling. In State of Tennessee v. John Belew, 348 S.W.3d 186 (Tenn. Crim. App. 2005), the Criminal Appeals Court concluded that this statute permits the jury to draw an inference of intent to sell or deliver when the amount of the controlled substance and other relevant facts surrounding the arrest are considered together. Therefore, the State of Tennessee must present some evidence of intent, in addition to the weight of the marijuana, to convict an individual in Tennessee.

Many felony drug cases begin with a drug detective or police officer using techniques like confidential informants, wire-taps, GPS surveillance, or various other tactics to prove that an individual is in the business of selling the illegal drug – in this case marijuana. The government spends lots of resources, sometimes from their own task force pockets, to get the drug dealers off the street. In cases like these, the issue is typically not whether the marijuana involved was for personal use or for resale because the amounts are much greater than an amount typically possessed for personal consumption. Plus, the government usually has some type of proof to put before the jury relating to specific drug deals, exchanges, money laundering or other dealing activities, which would be the type of evidence needed to rebut the inference in T.C.A 39-17-419.

The cases I am addressing in this blog involve a driver or passenger who stopped in a vehicle, or individual who is found in his/her home to be in possession of an amount that a daily cannabis user would typically possess for consumption. This could be one-half (1/2) ounce or several ounces depending on the circumstances of the individual and how much they consume. The seized evidence in cases like this would usually include one bag or even a few bags of marijuana and paraphernalia indicative of personal consumption, like pipes, rolling papers or scales. Additionally, cannabis consumers may likely possess several different strains of cannabis, separated in several different containers, with absolutely no intention of ever selling any of the marijuana. Although often distorted by the police, I think this is akin to someone who has several varieties of wine in their wine rack or different types of beer for different occasions.

Consider for a second that a person who smokes a pack of cigarettes per day consumes 20 grams of tobacco per day (1 gram per smoke). So, if a person purchased a carton of cigarettes at the gas station or Walgreens, they would be purchasing 20 days worth of cigarettes or 400 grams of tobacco, or 14 ounces of tobacco. I understand that even heavy marijuana consumers may not consume as much tobacco as a heavy cigarette smoker. So let’s assume that an average daily marijuana user consumers between app. 3 grams of marijuana per day. A 20-day supply would be app. 60 grams or 2 ounces of marijuana. It is hard to argue that someone possessing a carton of cigarettes is any more a cigarette dealer than someone possessing 2 ounces of marijuana is a drug dealer.

Remember, the State of Tennessee needs more than weight to convict someone of Possessing Marijuana with Intent to Manufacture, Deliver or Sell. If you are a marijuana consumer and have been charged with Felony Possession of Schedule VI (Marijuana) with Intent to Manufacture, Deliver or Sell, you need to hire an experienced lawyer to defend you.

Joseph Fuson, Esq.

Freeman & Fuson

Last Update: March 17, 2026

Judge Rules Service of Order of Protection by Telephone Invalid

Fri, 10 Jun 2016 01:45:43 GMT

In Davidson County it was normal practice for the Sheriff’s Department to serve respondents for orders of protection by telephone and never actually hand them a physical copy of the petition. On June 6, 2016, a Davidson County Circuit Judge ruled this practice of “service” via telephone as insufficient.

Orders of Protection are civil actions that, if granted, can have significant legal ramification, including contempt of court or criminal charges. The significance of this order is that if an individual was only served by telephone, and never actually handed a physical paper, and then failed to appear at court, an Order of Protection was granted against them. The June 6th ruling holds that such an Order of Protection would be void because the court did not have personal jurisdiction against the individual who was only served by a telephone call.

This is obviously an issue of great concern, and is expressed in June 6th opinion. In a footnote the Judge goes on to say, “The Court is concerned that if this method of service of process is the current policy of the Davidson County Sheriff’s Office, the courts of the Twentieth Judicial District may be entering Orders of Protection against respondents in violation of their due process rights…. This Court is fearful that hundreds, if not thousands, of orders of protection and corresponding criminal convictions thereon could be void as the courts never obtained personal jurisdiction over the respondent.”

If you have had an Order of Protection entered against you and you were only served by telephone, then you have the right to have that Order set aside and request a hearing on the merits. Further, if you were subsequently charged with a violation of that Order of Protection, you have valid argument to have that criminal charge dismissed and expunged from your record. If you or someone you know have had such an experience, contact Freeman & Fuson at (615) 298-7272 for a consultation.

Last Update: March 17, 2026

Surviving CMA Fest: 8 Tips From A Criminal Defense Attorney

Thu, 09 Jun 2016 01:44:20 GMT

Nashville is set to host its summer tradition of CMA Fest, which will welcome over one hundred and fifty thousand country music fans to the downtown area. With such a concentration of people to the downtown area, the Nashville Metropolitan Police will also be out in large numbers.

As native Nashvillians, we know this event can be a great time to enjoy the best country music in the world. However, your weekend can get ruined in no time with one wrong decision. As criminal defense attorneys, we get a lot of calls after CMA Fest has ended from people who are arrested or cited and are being forced to make an unplanned trip back to the Music City.

To help you avoid getting in trouble at CMA Fest and having to make this unexpected trip back to Nashville, we have compiled a list of 8 tips to help you have a safe and incident free 2016 CMA Fest.

CRIMINAL DEFENSE ATTORNEY’S GUIDE TO SURVIVING CMA FEST

Don’t Drink And Drive.
With over 150,000 people in the downtown area during CMA Fest and the limited number of hotel rooms downtown, not everyone can stay at a hotel within walking distance of all the festivities. The police know this. When it is time to head back to the hotel after going out on lower Broadway, utilize Uber, Lyft, JoyRide or cabs to get home safely. This will be much cheaper than getting a DUI charge.
Don’t Hop A Fence.
We know you really want to see your favorite star live and that line is really, really long, but wait to get in. Security guards will drop what they are doing for the opportunity to tackle you and hold you until the police can get there. Even if you have a ticket and didn’t want to wait you can be charged with criminal trespassing. If you have been drinking, you may also expect an unwarranted public intoxication charge as well.
Listen To The Bouncer.
You know how you get annoyed really quickly when things are crazy at work? Yep, know think how that bouncer feels during CMA Fest. If you are asked to leave a bar by a bouncer, it is best to just go. Otherwise, bouncers are known to prosecute patrons who get rowdy in order to cover their own actions which usually include a punch or two. Trust us, there are plenty of other bars you can go to and it isn’t worth the charges that follow if you choose not to leave.
Hold It In.
You are in a huge crowd, have had a few beverages and really need to go and that line for the porta-johns is longer than Billy Ray Cyrus’ hair. Just wait it out. There is no public place to go in downtown that won’t be viewable. A public indecency or public intoxication charge isn’t worth it. Plan ahead or find a designated spot.
Don’t Cuss At The Officers.
Remember number 3 where I talked about how annoyed people get when things are really busy at work? That also goes for the Metro Nashville Police. They are hit with the task of making sure you and every other person at CMA Fest is safe and that can be a pretty arduous task. If they ask you to move along or any other direction, just nod and say thank you.
Walk Away From The Drunk Guy.
No, I’m not talking about your friend that had too many Coronas on 2nd, I’m referring to the guy that keeps giving you the surly look and is trying to pick a fight. Yes, I believe you could take him, but it’s definitely not worth the hassle. There are a lot of cameras in downtown Nashville and a lot of witnesses. An assault charge can be very serious, so walk away from that guy.
It’s Not A Petting Zoo.
Nashville officers will be out on horses. No, do not try and pet the horses. Some officers may be nice and not care if you tap Ole Silver on the nose, but others may not take to kindly at it. And just as a precaution, the answer is no, the officer will definitely not let you ride the horse. Ask Tim McGraw!
Pace Yourself.
It’s a four-day festival and the weather is supposed to reach the 90s each day. Stay in it for the long haul by drinking plenty of water and finding shade. Drinking a large amount, mixed with lack of water or food could result in some unwanted consequences. If you black out, then you’ve read these tips for nothing and will be waking up in a hospital or jail.

Most importantly, have fun. CMA Fest is a great time to watch the best country music acts in the world in one of the best cities in the country. Enjoy the events with your friends and family, but use your common sense and don’t let a lapse in judgment ruin your time at CMA Fest.

Joseph Fuson is a criminal defense attorney at Freeman & Fuson Law in Nashville, Tennessee. Call our office at (615) 298-7272 for a consultation.

Last Update: March 17, 2026

10 Things To Know If You Get Pulled Over On Your Way To Bonnaroo

Sun, 05 Jun 2016 01:41:12 GMT

It’s that time of year again, when 85,000+ music lovers flock to the farmlands of Manchester, Tennessee for four days of great vibes, great tunes, and lots of high fives. It’s an event that people plan for all year, including local authorities. With all eyes on them this weekend, Tennessee authorities will be out in force ensuring everyone gets in and out of town safely.

I’ve been part of the Bonnaroo experience several times and know firsthand what an incredible experience it can be. As a criminal defense attorney in Tennessee that specializes in representing people with DUI, marijuana and other drug possession charges, I’ve also seen many careless festival goers’ weekends ruined before they even start.

With a little planning ahead and some common decency, this weekend can and should be one of the highlights of your summer.

To make sure you find your way into your campsite, I’ve compiled a quick list to help keep the good times rolling.

Ten things you should know if you get pulled over on your way to Bonnaroo

Keep your driver’s license, proof of insurance, and registration easily accessible to avoid any unnecessary fumbling or delay if you are stopped.
Keep your hands on the wheel until the officer approaches. This is a safety measure that officers appreciate!
Only answer questions related to the traffic stop. If asked where you are going, politely advise the officer you would prefer to remain silent and not answer any unnecessary questions. Be polite and respectful at all times.
Oftentimes officers will ask you to step outside the vehicle. In Tennessee this is allowed so I would recommend cooperating.
If an officer begins small talking, politely ask if you are being detained or if you are allowed to leave. If the officer says he is going to issue a citation, ask them to do so and allow you to go on your way.
If an officer asks whether you have any drugs in the vehicle, remain silent and remind them of your previous invoking of your rights.
If officers ask if they can “take a look around” advise them that you will not consent to a search of your vehicle under any circumstances.
If the officers go forward and search vehicle despite your refusal (either with K-9 or manually), cooperate and don’t make any statements during this process.
If something illegal is found in your vehicle, do not make any statements about ownership or whether you knew or didn’t know the illegal item was in your vehicle.
If arrested, refuse to make any statements and request the assistance of a lawyer.

It should go without saying that I am in no way condoning the use or transport of any illegal substances. If it is illegal outside of the festival it is illegal inside the festival. Be smart, stay safe. Look out for one another and by all means, have an amazing weekend!

Joseph Fuson is a Criminal Defense Attorney and Partner at Freeman & Fuson Law in Nashville, Tennessee where he specializes in DUI, marijuana offenses, and drug charges. If you are in need of legal counsel, call Joseph at (615) 298-7272 for a consultation.

Last Update: March 17, 2026

Landlord “Inadvertently” Sends Notice To Leave To Tenants

Mon, 15 Feb 2016 01:38:01 GMT

On January 27, 2016, WKRN reported that dozens of tenants at the Howe Garden Apartments in East Nashville received notices that they were to leave their apartments in the middle of the lease. This obviously left tenants, who still had months left on their leases, furious and confused. It wasn’t until new outlets asked the property management company for more information that the apartment complex announced that the notices were just a mistake.

The underlying issue with this story is that the apartment complex in question recently was purchased by a new owner. Currently, Howe Garden is an affordable complex in a vastly growing Nashville. It is not uncommon to have complexes purchased by new owners, renovated and put back up for lease at a higher rate. But to do that, the current residents must have their leases run out or agree to leave.

Under Tennessee law, new owners inherit the lease agreement between the tenants and original landlord when they purchase property that is currently being rented. This means they must honor the lease agreement, including the duration of the lease. The new owner must also follow Tennessee’s Uniform Residential Landlord-Tenant Act.

In the event a new landlord fails to honor the lease, they could be held liable under breach of contract or violation of the Landlord-Tenant Act. Liability could include damages, punitive damages and even attorney’s fees.

With affordable rent being harder and harder to find in Middle Tennessee, it is important for residents to know their lease agreement. When a new owner purchases rental property, they are usually looking to get a return on their property. And since they cannot start renovations until all the current tenants are out, it is not uncommon to see them strictly enforce the lease agreement. This means tenants can’t be late with rent or violate any of the covenants listed within the lease.

For tenants who find themselves in a similar situation, it is important that they document everything, from payments made to maintenance requests. Tenants should always keep landlords informed of any issue with the premises keep all communication in writing if possible.

For more information regarding Landlord/Tenant Disputes visit freemanfuson.com .

Last Update: March 17, 2026

Landlord Tenant Disputes

Tue, 06 Oct 2015 14:43:56 GMT

Freeman & Fuson represents both landlords and tenants who find themselves in a dispute with the other. Whether you are facing an eviction or have a tenant who has breached the terms of the lease, we can help you with those issues or any number of the other problems that may arise. Tennessee has a set of laws that covers landlords and their tenants and the duties owed by both.

The duties of either the landlord or the tenant varies from county to county in Tennessee. That is because the Uniform Residential Landlord Tenant Acts (“URLTA”) applies to counties with a population of 68,000 or more. (Anderson, Blount, Bradley, Davidson, Greene, Hamilton, Knox, Madison, Maury, Montgomery, Putnam, Rutherford, Sevier, Shelby, Sullivan, Sumner, Washington, Williamson and Wilson).

LANDLORDS

Landlords have a special interest in preserving the premises they own and making sure that their tenants comply with the both the lease and the URLTA. Rental properties in Middle Tennessee are in high demand and having a tenant fail to pay rent or cause damage to the premises can result in lost revenue. Protecting your property and revenue are of the utmost importance, and Freeman & Fuson can help. From helping construct a specific lease agreement for your property, resolving disputes through negotiations, to pursuing an eviction and recovering damages and lost rent, our firm handles your case quickly and efficiently.

TENANTS

Freeman & Fuson also assists tenants who find themselves in disputes with their landlords. Whether facing eviction or a landlord who refuses to make repairs, we can help you with those issues or any number of other problems that come up. Under the URLTA, a landlord has a number of duties that they must comply with which includes disclosures that must be made, how they handle a security deposit, making repairs and specific requirements when a landlord attempts to terminate a lease. Freeman & Fuson can help negotiate a resolution to your dispute and, if needed, prepare your case for hearing.

CONTACT OUR FIRM

Whether you are a landlord or a tenant, Freeman & Fuson can help you navigate the complex laws that govern residential leases. Contact our office at (615) 298-7272 today.

Last Update: March 17, 2026

As Homeownership Decreases Rental Properties Become More Important

Tue, 06 Oct 2015 14:40:35 GMT

A recent article by CNBC stated that home ownership across the country is down to its lowest rate since 1967. This means that more people, especially young adults, are renting instead of buying. Middle Tennessee fits perfectly into this mold as well. With residential real estate prices soaring, and more people flocking to the next “it” city, rental property supply is having trouble meeting the demand. As the Wall Street Journal noted , rental rates in Nashville are rising because of the growth in population related to attractive job opportunities.

So what does all of this mean for landlords and tenants? First, landlords have a vested interest in protecting their rental property because it is a growing source of income. This means they need to (1) research potential tenants, (2) invest in a solid written lease agreement and, if needed, (3) move quickly in resolving disputes that may arise with tenants. Failing to do any of these three could result in lost rent, lost value and ultimately lost income.

Background checks are easy and inexpensive and can provide a landlord with extremely important information. Our firm runs them on almost every case we take because it can provide valuable information that we may otherwise not have found out. This can include past judgments and lawsuits, evictions and criminal history. When dealing with multiple potential renters for a property, more information is vital.

A written lease is the most important thing that exists between a tenant and a landlord. Although most counties in Middle Tennessee are governed by the Uniform Residential Landlord Tenant Act, the clauses of a lease will govern most landlord tenant disputes. This document should cover all areas of potential dispute and set out the rights and responsibilities of each party. Having a thorough and well thought out lease can resolve a majority issues quickly and will be imperative if a need arises to go to court.

Lastly, for landlords, being able to resolve disputes quickly is especially important because it can mean the difference not losing monthly rent and losing several months. Tennessee law requires different types of notice for different types of rental violations. Many of these can be waived with a solid lease agreement, which in turn can result filing an eviction action weeks quicker than the alternative. Besides filing an action, having a solid legal team that you can communicate with is also important. Through my experience, a number of these cases can be settled through an open dialogue. This means you and your attorney need to discuss each case, because each case will have its own unique circumstances. Finally, if the case does have to go to trial, you will want an advocate who can present the case before a judge to get back property and any damages that may have been incurred.

With Nashville’s rental rates and demand growing, where does that leave current tenants? The landlord/tenant laws in Tennessee tend to favor landlords, but that does not mean tenants are without rights. With a high demand and low supply of rental properties, some tenants may become victim to landlords who are looking to increase rent at the tenant’s expense. In Tennessee, a landlord has the right to increase rent or terminate a lease, but there are certain steps that must be followed to do so legally.

The most important thing a tenant can do is know their lease agreement. As discussed above, a good lease agreement will identify all of the responsibilities regarding their rented home and can settle a majority of disputes. If the lease agreement leaves information to be desired, then the next place to turn is Tennessee’s landlord tenant laws. Anything not covered by a lease is then controlled by Tennessee’s landlord/tenant act.

The last bit of advice for tenants I can give is to communicate with your landlord and document any issues that arise. It is important to remember that rental properties are a source of income for landlords, and that they are more likely to turn to the court if they do not know what is going on with their property. Furthermore, if a dispute should go to court, having documentation of what has occurred can be key. When issues arise, they are more likely to be resolved through negotiations rather than in court if the landlord has the information to make an informed decision.

In conclusion, the decrease in home ownership means that rental property is now more valuable than ever in Middle Tennessee. Whether you are a landlord or a tenant, failing to be prepared can lead to a loss of income or a place you call home.

Last Update: March 17, 2026

So You’ve Been Placed on the Abuse Registry

Tue, 06 Oct 2015 01:35:31 GMT

Most of our clients who are dealing with allegations from the Department of Health are fighting to keep their name off the abuse registry. More recently we have been contacted by individuals who have found out that their name has been placed on an abuse registry without their knowledge. This can cause a tremendous amount of problems, including preventing someone from being employed.

So, you are one of the people who have recently found out you were placed on an abuse registry years ago. What can you do now? Depending on how long ago you were placed on the registry, you do have options to get your name removed. The first is petitioning the Board to remove your name. This petition is very important and should be completed knowing what specific characteristic the Board is looking for in determining whether or not to remove a name from the abuse registry. Taking the time to understand how such a petition should be drafted, who should supply letters of reference and knowing who your audience is can mean the difference in your petition being granted or denied.

In the event that you have petitioned the Board for removal and have found out that your Petition has been denied, you do have an option. Tennessee law allows for a person to appeal an administrative decision to the Chancery Court for judicial review. Such a review is conducted by the court without a jury and is confined to the record of the agency’s decision alone. This review is limited to certain questions of law and, most times, focuses on the procedures and very little on the facts surrounding your case.

Any appeal of an administrative decision must be filed within 60 days of the Board’s final decision, so time is of the upmost importance. If you have found yourself on the abuse registry, contact Freeman & Fuson to discuss how we can help you.

Last Update: March 17, 2026

4-5-320(c) Notifications: Fighting for your License

Tue, 06 Oct 2015 01:34:23 GMT

Whether you are a nurse, doctor or pharmacist, your professional license is your livelihood. Theses licenses are governed by specific Boards as part of the Tennessee Department of Health and have the power to suspend and even revoke your license.

If you ever receive a 4-5-320(c) notice, then you could be facing discipline from the Department of Health that could have enormous ramifications on your ability to earn a living. A 4-5-320(c) letter is a notification that you have been charged with a violation of rules and regulations that govern your profession. Prior to receiving that notice, a Board Consultant and attorney from the Tennessee Department of Health have already investigated allegation and have decided to proceed with formal charges against you.

Included with this notice is usually a consent order, which is document produced by the Tennessee Department of Health attorney requesting that you agree to the facts surrounding the charge and consent to recommended discipline. At that time you have only a few options, either sign and consent to the facts and discipline; negotiate; or refuse to sign and move forward with a hearing on the allegations.

A professional’s choice will depend on the specific facts surrounding the allegations raised against them, but contacting an attorney should be their first step. An attorney can review the allegations raised and determine what, if any, defenses can be raised. Remember, this is how you earn a living, and any discipline could have a significant impact should future allegations arise.

In the event that a formal proceeding is required, the professional has the right to conduct discovery, including interrogatories and depositions, and subpoena witnesses to the hearing. This hearing is conducted much like any other trial, except the jury is made up of members of the Board. This is why it is so important that you have an advocate there to help defend your license.

If you or someone you know has received a 4-5-320(c) notification, contact our firm today to discuss your case. The Department of Health has already spent countless hours investigating you case, and having an attorney can put you on equal footing.

Last Update: March 17, 2026

Bonnaroo 2015: The Times They Are a Changin’

Wed, 10 Jun 2015 04:40:27 GMT

Bonnaroo Arts & Music Festival is expected to bring in over 80,000 people to Manchester, Coffee County, Tennessee, with a majority of those people coming from out of State. The Festival has led to a field day for law enforcement over the years, especially with criminal citations for simple possession. Last year, out-of-towners who found themselves leaving Tennessee with criminal charges, were allowed to pay a fine instead of coming back to appear in Court. That won’t be the case for those attending the 2015 music festival as prosecution of marijuana and other drug related offenses is changing.

Tennessee Drug Laws

Tennessee has some of the toughest drug laws in the country, especially when it comes to possession of marijuana, other drugs and drug paraphernalia. At a minimum they are Class (A) Misdemeanors which could carry up to one year in jail and a $2,500 fine. If the marijuana seized is over ½ ounce, the police officer or agent will likely charge the person with Felony Possession of a Schedule VI – Marijuana which is a Class (E) Felony and could carry up to 6 years in jail and a $3,000 fine. Other drugs require a much smaller amount to be considered felony possession under Tennessee Law.

New Policy

In an article by Nashville’s Tennessean newspaper, Coffee County District Attorney Craig Northcut released a statement that individuals cited or arrested would no longer be offered the opportunity to pay a fine in lieu of appearing in Court. This means that anyone who receives charges, whether a citation or full scale arrest, will be required to travel back to Tennessee and go in front of a judge in court. No longer can defendants simply pay the fine.

Much like Coffee County is doing this year, all other counties in Middle Tennessee (Davidson, Williamson, Wilson, Sumner, Dickson, Rutherford, Marshall, Lawrence, Putnam, Robertson, Maury, Hickman and Maury Counties) require a Defendant to make an appearance in court. This includes even if you only received a citation instead of being arrested. To make matters worse, Middle Tennessee Courts have been known to require a defendant to make more than one trip to court if they are not properly prepared to have their case concluded.

Vehicle Seizures

Police officers are seizing automobiles in an effort to further profit from the drug related arrests and the Bonnaroo crowds. They can seize your vehicle in Tennessee without ever charging you with a criminal offense. If your vehicle is seized, the police officer or agent shall provide you with a copy of the Notice of Property Seizure and Forfeiture of Conveyances. You have the absolute right to file a petition with the Tennessee Department of Safety to recover the vehicle. However, you only have 30 days from being notified that a forfeiture warrant has been issued to file the petition. Failure to do this correctly shall result in loss of the vehicle forever.

Hiring An Attorney

This is why hiring an attorney to help you with your Bonnaroo charges could save you a lot of time and money and stress. Freeman & Fuson has handled a large number of Bonnaroo drug cases across Middle and East Tennessee. Contact Joey Fuson at (615) 298-7272 (office) or 615-717-5176 (cell) or someone at our office if you have been charged with a marijuana or drug related offense at Bonnaroo this year.

Last Update: March 17, 2026

For Bonnaroo Goers: Small Infractions Can Lead To Big Charges

Wed, 11 Jun 2014 04:08:01 GMT

Every year around this time our firm gets a flood of calls from people who receive criminal charges while on their way to or while leaving Bonnaroo. They have ranged from simple possession and paraphernalia to felony drug charges. Regardless, each call starts out the same, “I was pulled over for…..”, which leads to their car getting searched and ultimately them leaving with a court date they had not planned for. So in preparation for this annual event, we at Freeman & Fuson have compiled a list of the top 5 reasons we have seen for Bonnaroo patrons getting pulled over and the counties they seem to occur in the most.

Speeding (TCA §55-8-152) – This may seem obvious, but many people who are on their way to Bonnaroo are in a rush to get there. Speeding is an easy way to get your car pulled over and give the officer a chance to make contact. The easy advice is to set your cruise control and keep a look out for the posted limits.
Following too Closely (TCA §55-8-124) – Getting pulled over for following to close to the car in front of you may be the most subjective reason on the list, but it is one we have seen each Bonnaroo season with more frequency. Make sure you keep plenty of distance between you and the car in front so that this is not even an option for an officer to pull you over.
Failure to use Turn Signal (TCA §55-8-143) – For 359 days a year you can probably not use a turn signal while changing lanes (we endorse that you always use a turn signal) and never have an issue. But while Bonnaroo is going on, this is an easy way for one of the State’s Judicial Drug Tasks Forces to pull people over and try to search their car.
Littering (TCA §39-14-502) – Cigarette butts! Yes, in Tennessee, throwing cigarettes out the window is considered littering and makes you an easy target to get pulled over. Toss them in a bottle or in your ashtray until you get to where you’re going.
Light up your License Plate (TCA §55-4-110) – A new law came on the books right after Bonnaroo last year and we wouldn’t be surprised if it is enforced with some extra vigor. A lot of you will drive through the night and along with checking your headlights, taillights and brake lights, make sure the little lights on your license plate work too. In Tennessee, if your car has lights over the license plate, they are required to be working.

While every county in the mid-state will be looking for people headed to and from Bonnaroo, a few counties here look harder than others. Sumner County, Rutherford County, Montgomery County and of course Coffee County are a few we get the most Bonnaroo related calls. Davidson, Williamson and Wilson Counties are also in the running when it comes to Roo related cases.

For more information regarding marijuana and other drug related charges, go to freemanfuson.com .

Last Update: March 17, 2026

New Tennessee Law Criminalizes Drug Abuse During Pregnancy

Fri, 02 May 2014 04:00:30 GMT

On April 29, the Tennessee Legislature passed a bill that will allow a mother to be prosecuted for causing a child to be born addicted or harmed because of her illegal use of narcotics during the pregnancy. The bill will allow a woman to be prosecuted for assault if the infant she is carrying is harmed or dies. The bill has an unusual sunset provision, which means that the criminal penalty will be in effect until 2016. After that time, the legislature will revisit the issue. Tennessee has criminalized drug use during pregnancy in the past, but opponents said the measure would prevent women from seeking prenatal treatment or from entering rehabilitation programs. The legislature decriminalized it for a few years, but with the use of prescription narcotics on the rise, the law has been revived.

Critics of the measure focus primarily on the rights of the mother, while supporters view that the health and safety of children should be a primary focus. In either case, the reality is children in Tennessee are being born addicted to drugs. Last year alone, there were 921 babies born dependent on prescription medication. This year, the number so far is 253 at the time of this post.

While all Tennesseans would agree that the state should protect infants from being born addicted or even from death due to the illegal actions of their mothers, the law raises some interesting questions, such as does it in fact deter women from seeking treatment? Should there be some kind of amnesty for a woman who willingly enters an addiction program to get better and protect her baby? Who will bear the cost of caring for the infant that is born to an incarcerated mother? What is the best interest of the child in all of this? Is incarceration or the fear of incarceration even a deterrent to a drug addict? What purpose does incarceration serve in preparing the woman to be a fit mother?

As “pain clinics” and illegal distribution of prescription medications continue to flourish in Tennessee, children will continue to suffer as their parents, and in this case, their mothers, deal or do not deal with their addiction. Tennesseans should look to creative solutions that consider the best interest of the mother and the infant so that both are able to live healthy, stable lives.

If you or someone you know is concerned about the effect of this law on her life, please contact the attorneys at Freeman and Fuson. Our experienced criminal defense attorneys can counsel you on your legal options with a view to providing a solution that will help protect both the mother’s rights and the health of a child in this situation.

Links

Last Update: March 17, 2026

Anchor Down: Tennessee Laws On Boating Under the Influence

Mon, 14 Apr 2014 03:58:01 GMT

With Summer right around the corner there’s no doubt many of you will be looking to hit the waterways. With that in mind, it may be a good time to remind everyone of the drinking and boating laws in Tennessee. Boating under the Influence is covered under Tenn. Code Ann. § 69-9-217 and states:

It is unlawful for any person to operate a vessel subject to registration on public waters of the state while under the influence of any intoxicant, marijuana, narcotic drug or drug producing stimulating effects on the central nervous system or while have blood alcohol content of .08% or more..

Boating under the influence is not limited to just boats that have a motor, but includes any type of watercraft that is required to be registered under Tennessee law. Boating under the Influence as a first time offense is considered a Class A Misdemeanor and can carry the following penalties:

Fines from $250.00 to $2,500.00;
11 months 29 days in confinement;
Suspension of boating license up to 1 year;
Trash and litter removal; and
Probation with such conditions as completion of an alcohol safety boating program or alcohol rehab

During the 2013 Fourth of July weekend alone, Tennessee Wildlife Resource Agency checked more than 3,300 vessels, made 10 arrests for BUI and issued more than 160 citations. There is one very important exception to this law and that is that it does not apply when the boat is anchored.

So, anchor down or have a sober boater ready to drive you around.

Last Update: March 17, 2026

BOLO: Be On the Look Out: Tennessee Highway Patrol Kicks Off Campaign to Enforce Texting While Driving Law

Wed, 09 Apr 2014 03:54:06 GMT

On April 3rd the Tennessee Highway Patrol announced a campaign that will take aim at distracted drivers. We have all seen these drivers, and we maybe ones ourselves. This campaign includes placing troopers and local law enforcement in SUVs and tractor-trailers so that they can get a better vantage point to see if drivers are texting. The goal of the new campaign is to reduce traffic fatalities statewide.

Tennessee enacted the “Texting while Driving Law” in July of 2009. As a law firm that handles a large number of traffic citations, this law has not been enforced with any regularity until now. Texting while driving is covered under Tenn. Code Ann. § 55-8-199 and is a very specific statute. In part it reads:

“No person while driving a motor vehicle on any public road or highway shall use a handheld mobile phone to transmit or read a written message.”

The law only applies to when a vehicle is in motion and does not apply to a person dialing a phone number or receiving a call. Texting while driving is a Class C Misdemeanor and is considered a non-moving traffic violation.

Most of us think that the act of typing is what is prohibited but based on the language of the law even reading a text or email will get you pulled over. We all do it, but the best advice is to use a hands free device if you are going to talk while you drive, and you should wait to read your texts and emails until you get where you are going or at least until you are stopped. Waiting to read a text or email or responding to one won’t hurt you and will not cost you anything but getting a ticket or causing a wreck will cost a trip to court and a fine and might end up getting you and others on the road hurt.

http://www.wbir.com/story/news/traffic/2014/04/03/thp-distracted-driving/7282009/

Last Update: March 17, 2026

Being Convicted Of Domestic Assault In Tennessee Will Keep You From Owning A Gun

Tue, 08 Apr 2014 03:51:29 GMT

Did you know that if you plead guilty even to a misdemeanor domestic assault in Tennessee you will be prohibited from not only owning a gun or other firearm but you cannot be involved in the sale of guns, firearms, and even ammunition?

Recently the United States Supreme Court ruled that an individual who is convicted of misdemeanor domestic assault in Tennessee may not possess or be involved in the commercial sale of firearms or ammunition.

Congress enacted §922(g)(9) to “close a dangerous loophole” in the gun control laws; while felons have been barred from possessing firearms, many persons convicted of misdemeanor domestic assault were still able to do so. The statute provides that any person who has been convicted of a misdemeanor crime of domestic violence may not possess a firearm.

The issue in US v. Castleman revolved around the definition of domestic assault under Federal code §922(g)(9) and the definition of domestic assault under Tennessee Code §39-13-111(b). Under §922(g)(9) domestic assault is defined as an offense that is a misdemeanor and has an element, use or attempted use of physical force or threatened use of a deadly weapon. Under Tennessee law, which Castlman was originally convicted of, misdemeanor domestic assault is intentionally or knowingly causing bodily injury to another.

In 2008 Federal authorities learned that Castleman was selling guns on the black market, and he was later indicted on two counts of violating §922(g)(9). Castleman moved to dismiss the charges arguing that his Tennessee domestic assault conviction did not qualify as a “misdemeanor crime of domestic violence” because it did not have, as an element, the use of physical force.

Don’t agree to plead to a misdemeanor domestic assault charge without knowing your rights. Freeman and Fuson can help explain your options so you don’t give up one your greatest rights as a United States citizen- the right to own a gun.

Last Update: March 17, 2026

Forced Blood Testing in Tennessee: Tenn. Code Ann. 55-10-406 (f) amended January 1, 2012

Tue, 08 May 2012 03:49:51 GMT

House Bill 0715 amended Tenn. Code Ann. 55-10-406 (f) Tennessee Blood Testing and Implied Consent Law to add additional ways the State of Tennessee can take your blood without your consent for the purpose of determining blood alcohol content. These new laws became effective January 1, 2012. http://www.capitol.tn.gov/Bills/107/Bill/HB0715.pdf .

Originally, according to Tenn. Code Ann. 55-10-406 (f), if a law enforcement officer has probable cause to believe that the driver of a motor vehicle involved in an accident resulting in the injury or death of another has committed a violation of § 39-13-213(a)(2), § 39-13-218, or § 55-10-401 the officer shall cause the driver to be tested for the purpose of determining the alcohol or drug content of the driver’s blood.

In addition to the original section (f), amended sections (2) and (3) state that if a police officer in Tennessee has probable cause that you have been drinking and driving, and one of the following factors exist, the officer “shall” cause the driver to be tested for the purpose of determining the alcohol o1 drug content of the driver’s blood:

Driver has been previously convicted of § 39-13-213(a)(2) (vehicular homicide), § 39-13-218 (aggravated vehicular homicide) or § 55-10-401 (DUI); or
A passenger in the motor vehicle is a child under sixteen (16) years of age.

Furthermore, regardless of the reason for the testing under section (f), the blood test shall be performed in accordance with the procedure set forth in this section and shall be performed regardless of whether the driver does or does not consent to the test.

So, anyone who has pled to a DUI and is stopped by a police officer for suspected DUI, can be forced to give their blood. The new changes to the Implied Consent laws are just now being enforced by police officers in Tennessee and cases involving forced blood tests for repeat DUI offenders are just now making their ways through the Courts. These new laws must be challenged. If you have been forced to give blood following suspicion of DUI, seek an experienced lawyer to defend you in Court.

Last Update: March 17, 2026

Show Me The Money: Civil Asset Forfeiture in Tennessee

Wed, 11 Apr 2012 03:47:34 GMT

Civil Forfeiture

In Tennessee, the police can seize your car, take your money, take your personal property, take your home, sell these items and use the proceeds of that sale for their benefit without the person being found guilty of a crime. In fact, the police can seize and sell these items without even charging the owner with a crime. And worst of all, the laws in Tennessee promote this activity.

Civil forfeiture is different than criminal forfeiture. In Tennessee, in civil forfeiture cases the police only have to show by a preponderance of the evidence that the property sought to be seized is related to a crime or criminal activity. In criminal cases the court must prove a Defendant guilty beyond a reasonable doubt. Next, in criminal forfeiture cases the property is seized following a criminal conviction. In civil forfeiture proceedings, no criminal charges need to exist. If they do exist, the police can take your property or money regardless of the outcome. Additionally, in criminal forfeiture cases the property is the object of the prosecution and the owner makes a claim on the property through the procedures set forth in Tenn. Code Ann. 40-33-201 et. seq. The majority of the forfeiture cases in Tennessee are civil.

Civil asset forfeiture laws in Tennessee were given a (D-) by the Institute of Justice in their comprehensive study of civil forfeiture laws of the United States named Policing for Profit: The Abuse of Civil Asset Forfeiture ( http://www.ij.org/images/pdf_folder/other_pubs/assetforfeituretoemail.pdf ). The grade was based on several factors. One of the main reasons for the low grade is that in Tennessee owners are effectively presumed guilty and in innocent owner claims bear the burden of proof to recover their property. In Tennessee, the police have the lower burden of proof of preponderance of the evidence to prove that the property sought to be seized is related to criminal activity. And once they seize the property or cash, they keep 100% without having to report how they used the proceeds. Basically, the Institute of Justice thinks Tennessee is doing a poor job protecting the constitutional rights of its citizen as it relates to civil forfeiture laws.

Channel 5 News Report

The local media also thinks Tennessee police officers are doing a poor job. In Channel 5 news report last year, the news channel spent months investigating the drug interdiction officers in various counties and on several task forces. One particular incident covered in the news report involves an officer seizing a vehicle on the Interstate 40 without any reason. Although he alleged the driver of the vehicle was swerving, the helicopter in the air tells a different story. It has nothing to do with swerving as the video clearly shows and has everything to do with profiling. Police in Tennessee admittedly profile and it is being used by each and every police officer sitting on the side of the interstate. These officers often pick their target based simply on the type of vehicle and the state the vehicle is from. They then get behind or beside that vehicle and basically track the vehicle until it commits a “traffic violation”. As the video shows, if the driver does not commit a true violation of the law, the police often still choose to go ahead and stop the vehicle despite it being a direct violation of the Tennessee and US Constitution.

http://www.newschannel5.com/story/14643085/police-profiting-off-drug-trade

Money, Money, Money

So why do the police do this? Money, Money, Money. The State of Tennessee receives millions and millions of dollars each year from civil asset forfeiture. They are among the highest in the country on the percentage of proceeds that go to law enforcement. And while some states use this money for education and public works, Tennessee allows local law enforcement to spend this money on drug enforcement. If the local police did not need any more incentive, the local law enforcement agencies receive 100% of proceeds for their respective agency. They cannot spend it on their salaries, but they do spend it on their agency which continues to operate in large part due to the millions of dollars they bring in each year.

When Phil Williams asked Kim Helper, District Attorney for the 21st Judicial District, whether it was all about making money, she responded: “Well, you know, when you say ‘make money,’ I guess it is a way for us to continue to fund our operations so that we can put an end to drug trafficking and the drug trade within this district.”

Further proof that the police activity is based on the money, sources reveal that the police on Interstate 40 are pulling over vehicles on the westbound lane of the interstate at a much higher rate than on the eastbound lanes. This is because they believe that drugs go east and money goes west. So they are clearly following the money and not the drugs. Again, the police agency that seized the property keeps 100% of the proceeds!

How Do You Fight Civil Asset Forfeiture?

To get your property back, you must file a claim with the Tennessee Department of Safety within thirty (30) days of receipt of the civil forfeiture notice. Failure to file a claim will result in a waiver of the owners’ rights to claim the property or cash and will result in permanent forfeiture. See http://www.tn.gov/safety/thp/forfeit.shtml . The person claiming the property is entitled hearing in front of an administrative judge. If the owner loses at the administrative level, they can file an appeal in the Chancery Court. A final appeal goes to the Court of Appeals and Supreme Court the same as any civil case.

Hire a Lawyer

The person claiming the property is entitled to a lawyer. Because the laws in Tennessee do not favor the owner of property who has been targeted by local police, hiring an experienced trial lawyer is very important. Many lawyers offer consultations for asset forfeiture cases and can provide invaluable assistance in your fight to reclaim your property and money.

Last Update: March 17, 2026

Freeman & Fuson to relocate to 9 Music Square West

Wed, 15 Feb 2012 03:44:27 GMT

On Monday, February 13, 2012, Freeman & Fuson made the decision to relocate their office to 9 Music Square West. The location is an early 1900’s Victorian House located directly across from Sony Entertainment on Music Row. The beautiful home will have a full media/conference room, 5 offices, 2 bathrooms, and a lobby for clients. We plan on being relocated by June 1, 2012.

This is a defining moment for our law firm. We made this decision knowing it will help our law firm service our existing client base more effectively while allowing us to become more visible and attractive to new clients.

Please come out and see the new building when we have our Open House this Spring 2012. Thank everyone for their support.

Last Update: March 17, 2026

State of Tennessee v. George Matthews

Wed, 10 Aug 2011 03:42:12 GMT

After four (4) years criminal and at the verge of a second trial, we resolved the State v. Matthews. Following a successful appeal to the Criminal Court of Appeals, the appellate Court remanded the case to the trial court for a new trial. See State of Tennessee v. George Washington Matthews, M2009-00692-CCA-R3-CD. The defendant was convicted by a Davidson County Criminal Court jury of the lesser charge of facilitation of the sale of 0.5 grams or more of cocaine, a Class C felony, and possession of drug paraphernalia, a Class A misdemeanor. 0.5 grams. Following the appeal, Judge D. Kelly Thomas, Jr. reversed the judgments of the trial court because the trial court failed to fulfill its role as the thirteenth juror and remanded the case back to the trial court for a new trial. The second trial was set for Monday, August 8th, 2011 before the Honorable Seth Norman. Following negotiations with the State and as a result of a favorable ruling in the Court of Appeals, we finally reached a favorable settlement days before a second trial was scheduled to take place.

It goes to show that appeals work and if you fight hard enough you can get a favorable result for your clients. If anyone needs your case appealed to the Criminal Court of Appeals, contact my office and schedule a consultation.

Last Update: March 17, 2026

Mistaken Identity Arrests On The Rise?

Sat, 03 Apr 2010 22:22:59 GMT

“A mistaken identity arrest occurs almost every day, said policing experts and officials at the National Association of Criminal Defense Lawyers.”

One lady in Colorado was discussed in this CNN report from February 2010.
http://www.cnn.com/2010/CRIME/02/15/colorado.mistaken.identity.arrest/index.html

I have recently been retained in a case like this in Middle Tennessee. It is pretty scary and happens all too often. One way this could happen to you is if you are simply confused with another person who has a warrant for his arrest. You think you are about to be home for supper and a movie, next thing you know you are in jail for three days. Although you would think the police department would have ways to identify each person in their system, they make mistakes. These mistakes are often human error. So, while Joan Doe has a warrant for her arrest and you just so happen to be recently married Joan Smith Doe, you may be in for a long weekend.

Ms. Doe: “Officer, I swear that is not me…I have never been in trouble, it must be a mistake…”

Officer: “Lady, we do not make mistakes…. you can talk to the judge on Monday”

Another way this could happen is when you have had your name in the system for whatever reason, and either the clerk, police department or probation department simply fail to do their job. This occurs when they fail to remove you from the system, incorrectly confuse you with another person in the system, or fail to acknowledge that a warrant has been served and resolved.

Ms. Doe: “Officer, I swear I did my community service, paid everything, it has been 7 years since that happened…”

Officer: “I bet you did lady, you can tell that to the judge on Monday”

My friends, clients, and members of Fuson Law, P.C. Facebook Page, this could happen to you. I have had three cases involving this happening in the past two years.

My thoughts, if this does happen to you, be courteous to the officer and call me at 615-717-5176 and I will come to the police station.

Going forward, I would think that with laziness in this country at an all-time high and with budget cuts in the government every year, these mistakes will continue to happen and may even increase in the future.

Know your rights, know an attorney, and be safe!

Last Update: March 17, 2026

What Your Employer Will Not Tell You About Unemployment Benefits

Sat, 03 Apr 2010 03:40:52 GMT

A small, quickly growing portion of my law practice involves helping people obtain unemployment benefits or defending employers who are seeking to avoid paying benefits. In these tough economic times, it may be the difference in losing your home or not. I have a tougher time understanding why employers fight so hard, but when an employee is physically molesting your customers and you fire them, it may be difficult to deal with the idea of paying them a salary for the next year.

Despite the reason you may find yourself dealing with unemployment benefits, knowing the unemployment laws and the rules of procedure can be the difference in obtaining benefits or not. Most people mistakenly think the employers have the advantage because they think the department of labor will just believe what the employer says. NOT TRUE. The unemployment laws are actually written to benefit the employee! And it is the burden of the employer to prove their case, not on the employee. And more times than not, the employer will either not be prepared for the hearing with witnesses and evidence of misconduct; will not have proper people available from the company; will not know the law; or will simply not fight the case once a lawyer is involved.

In these tough times, know your rights, hire an attorney, get the benefits you deserve. It may be the difference…

Last Update: March 17, 2026

DUI and Prescription Meds: Not What the Doctor Ordered

Sun, 14 Feb 2010 22:20:35 GMT

Well, simply put, you can get charged and even convicted of driving under the influence (DUI) without having a drop of alcohol in your system. And even worse, you may not even realize that the prescription medication is causing the same type of side effects that police commonly confuse with being under the influence of alcohol. And if you take your medication and have a glass of wine with dinner, you may be in for a rude awakening.

Almost everyone reading this has taken prescription medication. All medication directs the manner it should be taken, however often times people do not realize the true side effects of the medication. Also, some medications cause different side effects when mixed with other medications. Things like glassy eyes, slurred speech, unsteadiness on feet, and other side effects are common buzz words for police when they think someone is under the influence. People taking pain killers like lortab driving around “under the unfluence” completely unaware of risks. Although these are narcotics and most doctors advise you to stay off the road when taking them, other medications for things like blood pressure and anxiety are not so obvious. And when confronted by a police officer whose job is to seek out people driving under the influence, one can quickly find themselves in the cross hairs of a DUI taskforce cop following a pen and walking a line.

Folks, I have represented several people charged with DUI who did not take a sip of alcohol. Don’t let it happen to you.

Here is my advice:

Know the side effects of your medication. If it says to stay away from operating a vehicle or causes drowsiness, stay off the road, especially at night.
Do not mix medications. It may be difficult to determine what the side effects are when mixing medications. If you do not know what will happen, experiment at home, not on the road.
Do not mix any alcohol with your medication. Even one beer mixed with medication can cause some undesired results.
If confronted by the police officer, do not make any admissions about any medication you are taking.
Avoid taking any field sobriety tests if asked to do so by the police officer. Although you may feel up to the task, you will do something wrong, I promise.
Demand a blood test if the only thing in your system if your medication. Breath tests can be unreliable and could result in an inaccurate reading that would only complicate things. And if you refuse to take a test, you could face losing your license for 1 year.

Remember, know you rights and avoid a DUI.

www.fusonlaw.com

Last Update: March 17, 2026

Defendant smacks lawyer and gets rewarded with new trial?

Fri, 29 Jan 2010 22:18:34 GMT

This is a Shelby County Case that was reported by the TN Supreme Court at http://www.tncourts.gov/OPINIONS/TSC/sc1qtr2010.shtml

State of Tennessee v. Tommy Holmes – Shelby County – Supreme Court granted permission to appeal in this case to address whether the trial court erred in ruling that an indigent defendant forfeited his right to counsel at trial by telling his appointed lawyer, “I know how to get rid of you,” and, at a subsequent meeting, physically assaulting his lawyer by striking the lawyer's eyeglasses with his finger. The defendant was tried by a jury pro se and convicted of aggravated rape. Supreme Court held that, under the facts and circumstances of this case, the trial court committed reversible error in ruling that the defendant had forfeited his right to appointed counsel at trial. While the defendant«s physical attack on his lawyer was serious misconduct, it did not rise to the level of “extremely serious misconduct” sufficient to warrant an immediate forfeiture. State v. Carruthers, 35 S.W.3d516, 548 (Tenn. 2000). Because the defendant was erroneously denied his fundamental constitutional right to counsel, we must reverse his conviction and remand this matter for appointment of new counsel and a new trial. The judgment of the Court of Criminal Appeals is reversed.

Last Update: March 17, 2026

2009 Nashville Scene Readers Poll

Thu, 28 Jan 2010 22:14:37 GMT

Joseph Fuson was voted Top 3 Best Attorney in Nashville by the 2009 Nashville Scene Readers Poll. Thanks to everyone who voted!

Last Update: March 17, 2026

SEATBELTS: Not just for safety anymore…

Mon, 26 Jan 2009 22:12:52 GMT

I want you to think about your seatbelt for one minute. Clearly it could save your life, but it could also help you avoid a DUI. One thing I want everyone to be aware of are the police officers looking for people without their seatbelt after hours. Although it is very unlikely that you would ever be pulled over for “driving without your seatbelt” during the daytime, it is the perfect tool for police officers to begin their DUI investigation of people driving after hours. If you are pulled over and have not had anything to drink, the officer will likely give you a warning and send you on your way. If you smell like alcohol or have the typical indicators of intoxication, you could be looking at a charge of DUI and a night in jail.

Simply put: Wear your seatbelts! This simple two second action could help you avoid a DUI. It could also save your life!

Your friend and attorney,

Joey Fuson (615) 717-5176
www.fusonlaw.com

Last Update: March 17, 2026

UnInsured Motorist Coverage

Sat, 17 Jan 2009 22:10:15 GMT

Uninsured Motorist Coverage (UM) and Underinsured Motorist Coverage (UIM) are both parts of your motor vehicle insurance policy and protect you and your passengers if you are hit by an uninsured or under insured driver. For example, let«s say you and your family are involved in a car wreck and the other driver is at fault. If you, or your family suffer personal injuries, or your vehicle is damaged, the other driver may not have sufficient insurance to cover the damages. If the at fault driver does not have any insurance at all, you may have no ability to recover these damages. Even worse, if you do not have health insurance or owe more on your car than it is worth, you may be in serious financial trouble.

Having sufficient uninsured motorist coverage is a way to protect you and your family from having this happen to you! Here is what you need to do. First, pull out the declaration page of your Motor Vehicle Insurance Policy and make sure you have UM/UIM coverage. Call your agent and get as much UM/UIM coverage as you can. It is cheap and worth every penny!

Joey Fuson, Esq.

Fuson Law, P.C.

Last Update: March 17, 2026

Top Ten Tips To Avoid A DUI Conviction

Sat, 17 Jan 2009 22:07:48 GMT

Drink Responsibly and know your limit!
Make sure and all lights and turn signals function properly on your vehicle before driving.
Follow all traffic signals and rules of the road. Follow the speed limit and avoid driving too slow.
If pulled over by the police; keep your hands on the steering wheel and pull over at a safe location in a timely manner.
Provide license, registration, proof of insurance, and avoid breathing directly into the officer's face if you have consumed alcohol prior to driving.
Be polite to the officer and only provide vital information. Do not provide any additional information to assist officer in DUI investigation.
Refuse to allow the officer to perform the horizontal gaze test (pen/eye test).
Refuse to take any other field sobriety tests, including the Walk and Turn test or One Leg Stand test. Field Sobriety Tests are voluntary and should be avoided at all costs.
Breath Test or Blood Alcohol Test – Probably the toughest decision you will make if stopped. I recommend avoiding the breath test if you believe yourself to be drunk. This will likely be the biggest single piece of evidence against you if you register a BAC of .08 or greater.
If charged, remain silent, avoid conversation with anyone, AND CALL A LAWYER.

* Note: Under Tennessee Law, failing to perform alcohol related tests will result in violation of the Implied Consent statute and the loss of your driving privileges for one (1) year. You will be entitled to a restricted license to drive to work, school, church, probation and alcohol classes upon approval by the judge.

Last Update: March 17, 2026