Attorneys still have the ability to contact inmates via Skype, Zoom, Face-time, or other video chats during the COVID-19 pandemic. Likewise, shut-ins at nursing homes can be contacted by attorneys because the legal profession is deemed an “essential service” by state and federal governments. Most of these contacts are actually easier for the attorney than a face-to-face visit because the attorney does not have to leave their office. The attorney instead merely sets up a video visit time with the nursing home, jail or prison and then uses a laptop computer or cell phone for the visit, telling the nursing home, jail or prison how long the visit is expected to take. For the inmates, these visits are confidential, so the attorney/client privilege is not violated. For shut-ins, it depends on the circumstances of the shut-in’s health or understanding. Recently, I’ve had incarcerated clients ask that I check on family members they have not spoken to recently because of COVID-19. I simply call the loved one, then send a note to the client on how the loved one is doing. Most attorneys will offer a similar courtesy, if asked. If you need an attorney, and your case is on appeal anywhere in Tennessee, or your civil or criminal case is in the Montgomery County, Tennessee area, call attorney Gregory D. Smith at 931/647-1299.
The COVID-19 pandemic may temporarily delay a lawsuit, but it does not stop a lawsuit. While courts may be closed for all but extraordinary or emergency circumstances, cases can still be filed, discovery continues, and mediation occurs. Be sure to check with your attorney because time deadlines may be running. Legal representation is one of the listed “essential services” that continue, even though most businesses are closed, so your attorney should be available, either in person, via Skype, or by phone. On April 22, 2020, I have the honor speaking to approximately 800 judges from across the U.S. (and in several other countries) about the judge’s ethical duty to move cases along during a pandemic as part of a National Judicial College country-wide podcast. If you wish to talk with an attorney about your case in the Montgomery County, Tennessee area, and you have not already retained a lawyer, call attorney Gregory D. Smith at 931/647-1299. #covid19 #lawyer #lawyers
A juvenile cases is a civil, not criminal proceeding. For practical purposes, the ramifications of a juvenile court adjudication of delinquency or unruly will not appear much different from an adult criminal conviction in the Minor’s immediate perception. Both carry potential probation and possible incarceration. Both can be a hinderance for future career decisions. The main difference is that a juvenile finding of delinquency or unruly is civil in nature, not criminal. Therefore, on job applications, if the application asks “Have you been convicted of a crime?” The answer is “No.” Since a juvenile case is not criminal in nature, a minor cannot be convicted of a crime in juvenile court. On the other hand, it is possible to transfer a juvenile proceeding to adult criminal court pursuant to Tenn. Code Ann. sec. 37-1-134. If a transfer is ordered, the minor, (age 17 years 364 days or less), suddenly becomes an adult for trial purposes. This procedure is usually reserved for major crimes, such as murder or armed robbery, or for the minor who just won’t quit coming before the juvenile court. A transfer to adult court is generally considered a “last ditch option.” While a juvenile proceeding is designed to rehabilitate the misguided minor, an adult criminal proceeding is designed to protect society and punish the criminal offender. Simply put, the whole concept of what a court is suppose to do with the defendant changes drastically from juvenile court to adult criminal court.
When a juvenile is facing court proceedings, especially significant criminal charges, one should have an experienced advocate on their side. Attorney Greg Smith is a former juvenile court referee, (a type of judge), and he wrote a reference book on Tennessee juvenile law that is used throughout Tennessee. If you have a case in Montgomery County, Tennessee or the surrounding area, call the Law Office of Gregory D. Smith, 931/647-1299 for a free consultation. Any juvenile court delinquency finding can see a minor in juvenile detention until their 19th birthday. A transferred juvenile case that is tried in adult court can carry significantly more time in jail or prison. Do not under-estimate the importance of legal representation in juvenile court.