What Happens at the Arraignment and the Preliminary Hearing?
Criminal cases generally require that the defendant be arraigned after he/she is arrested. Defendants usually have the right to a preliminary hearing after they are arraigned. It is critical that defendants have legal counsel at both the arraignment and the preliminary hearing. Experienced defense lawyers can explain what happens at each court proceeding and explain…
Read MoreWhat Outcomes Are Possible Once Your Case Is Scheduled for Trial?
Trials are risky. The judge in your case can affect the outcome. Juries can be fickle. Sometimes, one or a few jurors can dominate other jurors and persuade other jurors to reach an unjust verdict. While defendants are presumed innocent in criminal cases, juries often find police officers the most credible witnesses. In effect, at…
Read MoreWhen to Consider a Plea Bargain
The ideal for every criminal defendant is to have the criminal charges dismissed before trial. While a jury may acquit you, jury trials carry serious risks. For starters, the jury pool in Tennessee is drawn from registered voters. Voters in this state typically are conservative and often believe a police officer over a person charged…
Read MoreWhy You Should Request a Due Process Hearing for Your Child’s IEP
Parents of children with special needs or disabilities know that their children assistance to learn and reach their potential in the school setting. Some school districts however do not or will not offer the services that these children need. Federal and state law serves to protect these children but too often parents do not know…
Read MoreWhat Is the Chain of Custody of Evidence?
In criminal cases, when the government seizes any evidence, the government must show that it properly stored the evidence. Properly storing evidence means that there was no opportunity to tamper with the evidence. Chain of custody refers to the methods the prosecution uses to preserve the evidence. In particular, the chain of custody refers to…
Read MoreA School’s Duty to Prevent and Respond to Cyberbullying
In ordinary times, students face challenges in school. In addition to the academic pressures, students face academic and social pressures. They grow, mature, and interact with each other. While many of these development issues are constructive, other issues can be destructive. Students deal with peer pressure and want to fit in. The Internet and social…
Read MoreGrand Juries: How They Work
In American law, there are two types of juries: grand juries and petit juries. A petit jury decides guilt or innocence after a criminal trial (or the money damages in a civil trial). For some criminal matters, however, there is a grand jury. Generally, but not always, a person is arrested, is arraigned, has a…
Read MoreContracts: The Reality
Quite often, after issues arise, individuals pointedly complain that the terms of a contract that they signed and entered are unfair and one-sided. After explaining how and why they trusted the business or individual who wrote the contract and asked or persuaded them to sign it, they believe that they should not be forced to…
Read MoreHow a Lawyer Can Help You Craft an Operating Agreement for Your Small Business
There are a few standard types of business arrangements for commercial companies and nonprofits. Each of these have unique issues and guidelines for conducting their daily operations. The main types of business structures are: A sole proprietorship A partnership A limited liability company A corporation There are financial, tax, operational, and practical issues that govern…
Read MoreSovereign Citizens and the Courts
A “sovereign citizen” holds the belief that he or she is not a citizen of the United States or of any State. Though it seems now that the “sovereign citizen” argument is heard more frequently in the courts, the courts have rejected it. Their arguments are passionately made and the individuals claiming it appear to…
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