Family Law – Page 2 – Gregory D Smith

Appeals are vastly different from trials

Appeals, Civil Law, Criminal Defense, Family Law, Indian Law

For many criminal matters, you have the right to have a trial. During your trial, you present factual evidence to refute your guilt. You may also question favorable witnesses and cross-examine unfavorable ones. If you do not like the outcome of your case and have important legal topics to address, you can probably file an appeal.

In Tennessee, there are four different types of courts, including two trial courts and two appellate courts. If you need to appeal a criminal conviction, you likely want to ask an appellate court to consider your case. Eventually, you may be able to appeal your matter to the Tennessee Supreme Court. You should know, though, that appeals are vastly different from trials.

Tennessee criminal trials

If prosecutors bring criminal charges against you, you are likely to have an opportunity to plead guilty. If you choose to assert your innocence, you may proceed to a criminal trial. In Tennessee, you may have either a jury trial or a judge one, called a bench trial. Before the trial starts, you have an opportunity to uncover facts through the discovery process. Then, you present factual evidence that proves you are innocent. The prosecutor, of course, attempts to prove your guilt.

Tennessee appellate trials

If a judge or jury convicts you of a crime, you may have an opportunity to file an appeal. The appellate process, though, is not a rehashing of your initial trial. That is, you typically may not present new facts, examine witnesses or otherwise retry the case. Instead, you argue that there was some type of legal error during the trial that negatively affected the outcome of the case. Alternatively, you may argue that the trial court violated your rights in some way.

As you can see, criminal trials and appeals have some important differences. As such, the attorney who handled your trial may not have the skill set to appeal your case successfully. By understanding the fundamental differences between criminal trials and appeals, you can better plan for choosing the right legal counsel for your case.

If you are in Tennessee, federal appeals courts or the military appeals courts and have questions about rules regarding appeals, call the Law Office of Gregory D. Smith, 931/647-1299 or visit www.gsmithlawfirm.com. Mr. Smith is listed in Mid-South Super Lawyers and is A-V rated by Martindale-Hubbell. You can read a featured article about Mr. Smith and his work in Federal Indian Law appeals in the November, 2019 ABA Journal, (the national magazine of the American Bar Association), at http://www.abajournal.com/magazine/article/tennessee-attorney-greg-smith .

September 6, 2019/by admin

How does joint custody positively impact children?

Family Law

Tennessee parents like you need to decide what type of custody situation will work best for everyone, but especially your children. Today, the Law Office of Gregory D. Smith will examine the possible positive benefits associated with joint custody.

In recent studies, it has been shown that children of joint custody seem to do better than children of sole custody on a whole. They seem to experience more emotional stability, fewer behavioral problems, and less trouble adjusting to life in the aftermath of the divorce itself. They tend to be happier, and seem to suffer from fewer issues like anxiety or depression as they age.

In terms of relationship skills, children of sole custody are shown to struggle more in school. They tend to be “trouble-makers”, and some find it difficult to make friends their age. Likewise, many of them feel estranged from one or even sometimes both parents.

On the other hand, children of joint custody seem to have fewer issues with making friends, act up less often in school settings, and have an easier time developing meaningful relationships with both parents. It is believed that having both parents involved in the child’s life creates more harmony and balance.

If you are curious about the possibility of sharing joint custody of your child with your ex-spouse, consider contacting an experienced family law attorney. They will be able to tell you whether or not this type of custody arrangement will realistically work for your unique situation, and may be able to help you through the process to get there.

If you are in Tennessee and have questions about rules regarding divorce, family law, or custody, call the Law Office of Gregory D. Smith, 931/647-1299 or visit www.gsmithlawfirm.com. Mr. Smith is listed in Mid-South Super Lawyers and is A-V rated by Martindale-Hubbell. You can read a featured article about Mr. Smith in the November, 2019 ABA Journal, (the national magazine of the American Bar Association), athttp://www.abajournal.com/magazine/article/tennessee-attorney-greg-smith.

August 24, 2019/by admin

What should you do if police show up at your door?

Civil Law, Criminal Defense, Family Law

Any time you are stopped by Tennessee law enforcement officials, it is easy to become stressed and say or do things that are not helpful to your situation. One way to avoid this is to know your rights before the police show up at your door. If you are accused of a crime, the American Civil Liberties Union defines the rights you have that are intended to protect you from any wrongdoing by police.

If the police show up at your door, you do not want to invite them into your house. You can ask them to provide identification or speak to them through the door. The only time you must let them into your house is if a judicial officer signed a warrant that lists your home to be searched. If you are the subject of an arrest warrant or your name is on the document, they may also enter your home.

Just because an officer has a warrant, this does not mean that you must immediately open the door. You can ask them to either hold it up to your window or slide it under the door so you can examine it before letting the officers in. While an arrest warrant may have your name on it, a search warrant is different in that the officers can enter your house but can only search for the items and areas listed on the warrant.

Even when officers enter your home with a valid arrest or search warrant, you still have the right to remain silent. You do not have to speak to the officers or answer any of their questions while they conduct the search. Keep track of what they take, where they go and what they do as you silently observe them and wait for your chance to contact an attorney.

This is for educational purposes and is should not be interpreted as legal advice.

If you are in Tennessee and have questions about rules regarding criminal law, call the Law Office of Gregory D. Smith, 931/647-1299 or visit www.gsmithlawfirm.com. Mr. Smith is listed in Mid-South Super Lawyers and is A-V rated by Martindale-Hubbell. You can read a featured article about Mr. Smith in the November, 2019 ABA Journal, (the national magazine of the American Bar Association), at http://www.abajournal.com/magazine/article/tennessee-attorney-greg-smith.

August 14, 2019/by admin

Divorce mediation is a peaceful alternative to litigation

Civil Law, Family Law

The divorce process is never easy. Even if ending your marriage is a mutual decision, it can be full of turmoil and confusion. The thought of courtroom battles may fill you with dread. But there is an alternative to the traditional litigation – mediation. We at The Law Office of Gregory D. Smith offer mediation services because we understand that litigation is not the best method for everyone. Our team helps many couples get divorced amicably and quickly.

Contrary to popular beliefs and portrayals of divorce, it does not need to deplete your emotional and financial resources. yours does not need to be full of anger and fear. Psychology Today points out that mediation is a collaborative and cost-effective alternative to adversarial litigation. Mediating your divorce allows you to negotiate an agreement instead of lashing out at one another.

Mediation is best if you and your spouse are transparent and respectful. The process provides both of you with equal bargaining strength. In mediation, a neutral third party guides you through the dispute resolution process until you both come to an agreement about the issues in your divorce. By maintaining civility and common goals, mediation often eases the psychological pain and monetary expenses of divorce.

The mediation process gives you a peaceful structure to communicate, clarity about the law and a chance to voice your concerns. Just because you are ending your marriage does not necessarily mean you and your spouse cannot work together to make the process easier on yourselves. You can find out more about divorce mediation on our web page.

If you are in Tennessee and have questions about rules regarding mediation, call the Law Office of Gregory D. Smith, 931/647-1299 or visit www.gsmithlawfirm.com. Mr. Smith is listed in Mid-South Super Lawyers and is A-V rated by Martindale-Hubbell. You can read a featured article about Mr. Smith in the November, 2019 ABA Journal, (the national magazine of the American Bar Association), athttp://www.abajournal.com/magazine/article/tennessee-attorney-greg-smith.

July 26, 2019/by admin

How Do I Navigate a Special-Needs Child and Divorce?

Civil Law, Family Law

Divorce is a difficult time for anybody, but if there is a special-needs child in the balance the stakes are much higher and things can become much more complex. In the event that you are going through a divorce with a child who has special needs in Tennessee, you likely have concerns that other parents will not need to consider.

According to the Special Needs Alliance, coming up with a solid parenting plan and how the child’s transition to adulthood will look is absolutely paramount. In the event that the divorce between you and your soon-to-be ex-partner is not amicable, then adequate legal representation is needed for both sides. It is important to be aware that child support calculators tend to not take the expenses related to a special-needs child into consideration. Additionally, child support may be counted against governmental benefits like Medicare and SSI, so both you and your ex-partner must keep this in mind.

This is particularly salient in the event that your child will require long-term care. In the majority of divorces, child support ends when the child reaches the age of majority or when he or she graduates university. With many special-needs children, the parents must face the reality of managing a lifelong situation. It is important for both parents to understand if the child will move into a care facility upon the age of majority or if one or both parents are committed to lifelong maintenance.

It is also important for both parties to draw up living wills and estate plans that provide provisions for the care of the child in the event of the death of one or both parents.

If you are in Tennessee and have questions about rules regarding divorce and custody, call the Law Office of Gregory D. Smith, 931/647-1299 or visit www.gsmithlawfirm.com. Mr. Smith is listed in Mid-South Super Lawyers and is A-V rated by Martindale-Hubbell. You can read a featured article about Mr. Smith in the November, 2019 ABA Journal,(the national magazine of the American Bar Association), athttp://www.abajournal.com/magazine/article/tennessee-attorney-greg-smith.

July 15, 2019/by admin

Why your criminal defense lawyer might not be right for an appeal

Appeals, Civil Law, Criminal Defense, Family Law, Military Law

It is a common misconception among defendants in criminal cases that they should use the same criminal defense attorney for both the original trial and the appeal. However, the lawyer that represented you during your initial criminal case might not be the best person for the job.

An appeal is not a new trial. It is a completely unique process that requires special legal skills, knowledge and experience. It is important to select your appellate lawyer wisely — and to understand that this might not be the same person who has represented your initial case.

Lack of special skills

An appellate attorney understands the distinctive traits of an appeal versus a criminal trial. He or she should have gone to school specifically for appeals and have experience in this area of law in Tennessee. Your criminal defense attorney, on the other hand, may lack the key skills necessary to excel in the appellate process:

In-depth legal research
Intricate and dense legal arguments
Large amounts of writing
Oral arguments in court

There is a reason trials and appeals are two separate areas of law. They require very different skills. If you intend to proceed with the appeals process, find an attorney that specifically handles appeals.

No experience with the unique appeals process

Filing an appeal in Tennessee not only takes certain skills but also has a special process. The case may go to the Court of Criminal Appeals, the state Supreme Court or the U.S. Supreme Court during the different appellate phases. Your criminal defense attorney is unlikely to have the same amount of experience handling this complicated process as an appellate attorney.

No rapport with the Court of Appeals

An appellate attorney can have a history of handling cases with the Court of Appeals in your county. The lawyer most likely has a network of people he or she knows within the Court of Appeals, as well as a history with appellate court judges. These connections could help your appeal case but are not something your defense lawyer may be able to offer.

If you are in Tennessee, a federal court of appeals, or a military court of appeals and have questions about appeals or appellate attorneys, call the Law Office of Gregory D. Smith, 931/647-1299 or visit www.gsmithlawfirm.com. Mr. Smith is listed in Mid-South Super Lawyers and is A-V rated by Martindale-Hubbell. You can read a featured article about Mr. Smith and his work in Federal Indian Law appeals in the November, 2019 ABA Journal, (the national magazine of the American Bar Association), athttp://www.abajournal.com/magazine/article/tennessee-attorney-greg-smith.

June 21, 2019/by admin

Can I get my parental rights reinstated?

Appeals, Civil Law, Family Law, Indian Law

There are many situations that could lead to your parental rights being terminated in Tennessee. Typically, when you lose your rights, you are made aware of what is happening. You are given the chance to stop the termination by the court. Courts do not often remove rights without giving you a chance to prevent it from happening. However, if your rights were terminated and you now wish to reinstate them, it helps to know where the law stands on this.

The National Conference of State Legislatures explains that the termination of parental rights is often meant to be permanent. When you lose your rights, your child is not able to be adopted. This could be by a family member, a stepparent or a stranger, depending on the situation. If your child is adopted, then it will be very difficult for you to get rights back regardless of any possible loopholes in the law. So, do keep that in mind.

In general, though, in this state, you cannot get your rights back. The state has no specific laws that pertain to the reinstatement of your parental rights. There are other states that do have such laws, which can make things easier. Your best option is to go in front of the court and see if there is any chance to get your rights back, especially if your child has not been adopted. However, keep in mind that there is no guarantee the court will give you your rights back. It all is dependent on the situation. This information is for education and is not legal advice.

If you are in Tennessee and have questions about rules regarding termination of parental rights or appeals, call the Law Office of Gregory D. Smith, 931/647-1299 or visit www.gsmithlawfirm.com. Mr. Smith is listed in Mid-South Super Lawyers and is A-V rated by Martindale-Hubbell. You can read a featured article about Mr. Smith in the November, 2019 ABA Journal, (the national magazine of the American Bar Association), athttp://www.abajournal.com/magazine/article/tennessee-attorney-greg-smith.

June 12, 2019/by admin

Who has the right to appeal a court decision?

Appeals, Civil Law, Criminal Defense, Family Law, Indian Law, Military Law

If you are not familiar with appealing a court judgment, you may wonder who can make an appeal in the first place. Do both sides have an equal opportunity to appeal a Tennessee court decision, and does it work the same way in civil litigation and in criminal prosecutions? The U.S. Courts website provides answers to these important questions. If you are considering an appeal to a court judgment, you should have a reasonable idea of how to proceed.

When it comes to cases involving suing another party in court, either side has a right to appeal a judgment to an appellate court. It does not matter whether the case was decided by a jury or a judge. However, the right to appeal can be waived if the parties decide to settle the case without pursuing a decision from a jury or the bench. If a settlement is agreed to, there can be no appeal.

Appeals work differently in criminal cases. If a person is found guilty of a crime, the defendant has the option to appeal the verdict. This is not the case if the person is acquitted. A prosecutor cannot appeal a not guilty verdict to try to get a new trial because it would violate Fifth Amendment protections against double jeopardy. However, if the defendant pleads guilty, the right to an appeal is typically waived.

However, there is room for both a defendant and a prosecutor to retain the right to appeal a sentence imposed after a verdict of guilty. A defense attorney may argue that the sentence does not comply with the requirements of the law. A prosecutor can appeal on the grounds of a similar argument. Either side might also claim that the sentence violates sentencing guidelines or otherwise deviates from the guidelines.

Anyone inexperienced in matters concerning appealing a judgment can benefit from asking a professional appeals attorney to gain a better understanding of the subject. Remember that this article is only intended to inform you about appeals and not to give you any legal advice.

If you are in Tennessee and have questions about rules regarding appeals, call the Law Office of Gregory D. Smith, 931/647-1299 or visit www.gsmithlawfirm.com. Mr. Smith is listed in Mid-South Super Lawyers and is A-V rated by Martindale-Hubbell. You can read a featured article about Mr. Smith’s work in appellate courts in the November, 2019 ABA Journal, (the national magazine of the American Bar Association), athttp://www.abajournal.com/magazine/article/tennessee-attorney-greg-smith.

June 4, 2019/by admin

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