Do I Qualify for Tennessee’s New Expungement Law? On July 1, 2012, the Tennessee legislature created Tennessee’s new expungement law to allow many nonviolent criminal convictions to be removed from an individual’s record. To qualify under T.C.A. § 40-32-101(g), both the offense and the candidate must meet certain eligibility requirements.   1. Qualifying Offense For the offense to qualify, it must be “nonviolent,” defined as an offense without the use, attempted use, or threatened use of physical force against another person or property. The offense must not contain the use of a firearm, a loss of $25,000 or greater, or be classified as a sexRead More →

Imagine that you finally schedule that meeting to sign the settlement agreement and pick up the settlement check. But wait… did you know that the language in the settlement agreement can have drastic effects on the amount of money that you have to report to the I.R.S.? Don’t settle for vague drafting! Congress intended for Section 104(a)(2) to alleviate the tax burden of taxpayers who suffered a personal injury and received money as a result of tort litigation. Section 104(a)(2) states that notwithstanding deductions allowed under Section 213 for medical and other expenses, “gross income does not include … the amount of any damages (otherRead More →

If there’s one aspect of criminal procedure that most Americans are familiar with, it’s the following famous phrase: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed to you. Do you understand these rights as they have been read to you?” But what happens when a defendant is never read his or her rights? In Miranda v. Arizona, the Supreme Court of the United States case held that police must give a MirandaRead More →