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Legal Answers for Non-Lawyers
About Pleas: What is judicial diversion?
The bottom line: Judicial diversion is a program in Tennessee that allows eligible defendants to avoid a criminal conviction and have their charges dismissed and expunged upon successful completion of probation. Judicial diversion, sometimes called “40-35 diversion,”...
About Preliminary Hearings: What is “probable cause”?
The bottom line: Probable cause means there is enough evidence to cause a reasonable belief that a crime was committed and that the defendant committed it. Probable cause is a concept that is important in several aspects of criminal law. This post deals with...
What is a preliminary hearing?
The bottom line: In a preliminary hearing in Tennessee's General Sessions Court, the judge determines whether there is probable cause to continue to the next phase of criminal prosecution. If you are charged with any crime in Tennessee, the first court you will...
Can I write my own will or use a form I found online?
The bottom line: Tennessee law does not prohibit you from a DIY will; however, you risk writing a will that is incomplete or that does not comply with the law. You have the legal right to write your own will. And many forms are available online that promise to save...
When should I update my will or estate plan?
The bottom line: Meet with your estate planning attorney after any significant life change or every five years, whichever comes first. A change in your family or financial circumstances could mean a change in your estate plan. Failing to update your will after the...
Do I have to go to court on a criminal charge if the other party does not want to press charges?
The bottom line: Yes. The District Attorney’s office decides whether to prosecute someone for a crime; it is not up to a private individual to “press charges.” If you do not show up for court, the judge will issue a bench warrant for your arrest. This means you...
Do I need a will if I am single and have no children?
The bottom line: Yes. Without a will, Tennessee law decides who gets your dog, your car, and everything else you leave behind. When you die without a will, the state of Tennessee, using the law of intestacy, will determine who inherits your property. If you have no...