What are the Consequences for a DUI First Offense?

By Caitlin Kirk and Ryan C. Davis Under Tennessee Code Ann. §55-10-401, “It is unlawful for any person to drive or to be in physical control of any automobile…(1) while under the influence of any intoxicant, marijuana, controlled...

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Does the “Plain Smell” of Marijuana Constitute Probable Cause for a Warrantless Search?

By James Kemp and Ryan C. Davis For decades, Tennessee courts have long held that the smell of marijuana is sufficient to establish the probable cause necessary for police to obtain a search warrant or to conduct a search or seizure under the...

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Does Tennessee's Sex Offender Registry Violate the Ex Post Facto Clause of the U.S. Constitution?

By Jorie Zajicek and Ryan C. Davis What does Ex Post Facto Mean?  Article I Section 10 of the United States Constitution states in part: “[n]o state shall… pass any… Ex Post Facto law.” The Ex Post Facto Clause...

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What all is involved in a divorce with minor children in Tennessee?

By Jorie Zajicek and Ryan C. Davis What all is involved in a divorce with minor children? Property Division: For a divorce in Tennessee, marital property is divided through equitable distribution. Marital property is anything that either...

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How is child support calculated in Tennessee?

By Jorie Zajicek and Ryan C. Davis How is child support calculated? Child support calculations in Tennessee are complicated, but essentially the court will determine the parties' incomes and will establish a total "household"...

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Do I need a lawyer for an Uncontested Divorce in Tennessee?

By Jorie Zajicek and Ryan C. Davis An uncontested divorce in Tennessee is a divorce where both spouses agree, or come to an agreement, on all of the major terms of the divorce. Generally, an uncontested divorce will be on the grounds of...

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WHO CAN BE CHARGED WITH DOMESTIC ASSAULT IN TENNESSEE?

by Jonathan Carroll and Ryan C. Davis Who can be charged with Domestic Assault? In Tennessee, you can be charged with domestic assault for committing assault against anyone deemed a domestic abuse victim. Who is a domestic assault victim? Tennessee...

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HOW MUCH MARIJUANA CAN I POSSESS WITHOUT GETTING ARRESTED IN TENNESSEE?

by Jonathan Carroll and Ryan C. Davis How Much Marijuana Can I Possess Without Getting Arrested? In Tennessee you can be arrested for possessing any amount of marijuana. If you are found in possession of an amount less than half an ounce (14.174...

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IS MEDICAL MARIJUANA LEGAL IN TENNESSEE?

by Jonathan Carroll and Ryan C. Davis Is Medical Marijuana Legal in Tennessee?  No, currently medical marijuana is not legal in Tennessee.  However, medical marijuana has been gaining support in Tennessee, as studies show it can benefit...

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IS CBD OIL LEGAL IN TENNESSEE?

by Jonathan Carroll and Ryan C. Davis Is CBD Oil Legal in Tennessee? Yes, CBD oil (cannabidiol) containing less than 0.3 percent THC is legal in Tennessee and can be purchased at a number of retailers or online. The CBD oil that is legal in...

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