In the movies, when someone’s honor is at stake in a public place, the two characters inevitably come to blows. A chair gets broken; someone is struck by a lamp. In the end, one man (or woman) is left standing, and then he or she leaves said space to accomplish whatever mission is up next. In real life, that’s not how it works at all. Assault is a broad term, but Tennessee law breaks it down [...]
One of the common urban myths deals with Miranda warnings. Do the police actually have to give you a Miranda warning before they arrest you? The long answer is yes, if they intend on questioning you. The short and succinct answer is no. They can actually arrest you, they can detain you, but before they talk to you, they need to give you a Miranda warning. The fact that they didn't give you a Miranda [...]
Property owners and managers have a responsibility to keep their property safe. When you see a “Wet Floor” sign at the supermarket, or signs posted around a construction site, or a notice in the bathroom of your favorite restaurant telling employees to wash their hands before resuming work – all of these signs are posted to ensure that everyone gets through their days safely. Sometimes, however, property owners can be a little lax. They cut some [...]
That would depend on the situation, and that is when it's very important for you to go ahead and immediately hire an attorney, because that attorney can investigate where that person got intoxicated, and things such as if that person was over-served and if that business has some liability for over-serving that person. That's why it's very important that you immediately contact an attorney who has knowledge about these types of cases. We at Banks [...]
If you’re anything like us, you’ve been watching the case about DUI testing fees move through the courts. In late August of this year, the Tennessee Supreme Court has issued its final ruling, and it appears these $250 testing fees are here to stay for people convicted of drunk driving. Why was the TBI charging and collecting fees for DUI testing? Back in 2008, the Tennessee Bureau of Investigation (TBI) was facing major budget cuts and [...]
Grandparents call us a lot of times asking if they can get custody of their grandchildren. And there's not a simple answer to this question; however, in the state of Tennessee, parents have what's called a superior parental right to parent their children above and beyond everyone else. So, you may not like the way that your children are raising their children, but that does not necessarily mean that you can get custody of your [...]
If you are charged with driving under the influence of alcohol or drugs, you need legal help – fast. Tennessee drivers should consult with an experienced DUI lawyer as soon as possible. There are often defenses. Many times, a fair plea agreement can be negotiated. A conviction for just one offense includes many direct costs and numerous hidden costs. The costs for subsequent convictions can be staggering. According to BACtrack.com, a DUI website, the high cost [...]
The Federal Motor Carrier Safety Administration (FMCSA) recently updated its information about its Under 21 Pilot Program. The FMCSA is part of the US Department of Transportation. The FMCSA established a pilot program several years in response to a federal law - Section 5404 of the Fixing America's Surface Transportation (FAST) Act. The aim of the pilot program is to examine whether younger drivers, 18 to 21, should be allowed to operate a commercial motor vehicle cross-country [...]
Product liability lawsuits are different than personal injury lawsuits based on negligence. The basic parts of a product liability claim are: A product was defective The user of the product died or became injured The defect is the cause of the wrongful death or injury The damages in both product liability lawsuits are similar. Injured victims can claim their lost wages, any and all medical expenses to recover, and damages for pain and suffering. Families can [...]
The Fifth Amendment to the U.S. Constitution provides many protections for defendants including the right not to “be compelled in any criminal case to be a witness against himself.” In the case of Miranda v. Arizona case, the United States Supreme Court added a further protection to this Fifth Amendment right. It ruled that any incriminating statements a suspect makes against his interests will not be admissible in court unless the suspect: Was told of his/her [...]
