at 208 Third Ave North, Suite 500, Nashville, 37201 United States
This page is dedicated to posts about the law, court proceedings, or legal problems. This is not legal advice. Seek a competent attorney.
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One of the fun parts of my work is meeting people from all over the world. Today I helped people from Uzbekistan, Senegal and Vietnam. Unless you are a native American everyone in this country came from somewhere else. Folks from other places bring their understanding of how the justice system works. I remember years ago trying to explain to an individual that he had NO obligation to prove he was innocent but that the state has to prove that you did commit a crime. Everyday we should appreciate our forefathers who created a system whereby the burden of proof is on the government. Appreciate our freedoms. Jef
When you are arrested and there are ANY amounts of drugs found often money is seized. Where is the money - on you, in your car, in your house, in your bank account. The police will say this is drug proceeds. This could be your pay check, rent money, child support payment whatever buy you have a small amount of marijuana therefore its all "drug proceeds." Remember: A. In Tennessee you have 30 days from the day your money was seized to file a NOTICE that you want a hearing. Always want a hearing. Fight for your money. B. If the money belonged to someone else they need to file a NOTICE as well. If you have any interest in the money get your name on the list of people filing a NOTICE. Fight for your rights to your money. C. Simple possession (your use or sharing - NOT sale amounts) is not the reason for a seizing of your money. D. If your money is seized illegally you can have a legal action against the department or agency that seized your money.
As I write this post a friend of mine is in a dentist chair. There are a million other places I would rather be but, a high quality dentist can explain the best option and make me understand the reason why I "want" one over another. Often how we make decisions comes down to a question of, "are we an optimist or a pessimist." Let me share a little story: Parents have twin boys. One is a down in the mouth pessimist. The other is a "sun is shining" optimist. The parents are confused about the identical twins polar opposite manners and have them checked out by the state's best psychiatrist. He conducts the following experiment - he puts each boy in a room by himself. The pessimist gets every toy he ever liked to play with. The optimist gets a room filled knee high in horse manure. Both boys are watched through one way mirrors. In ten minutes the pessimist is mad and crying. In ten minutes the optimist is clawing through the horse manure with crazy speed. The experiment is stopped and both boys are interviewed. The pessimist was mad because no one was there to play with him. The optimist was flinging horse manure around and was asked why. He said with this much horse manure there has to be a pony somewhere! Many times life is how you look at it. There will be times when you have to talk with a professional about an unpleasant subject that makes you not comfortable. You must be either optimistic or pessimistic. Even if you are facing jail - maybe there's a pony under all that horse .... manure.
In a social media age everyone from Grandma to Junior has a social media account or twelve social media accounts. Can you keep up with the number and variety of social media platforms. No way! Be careful what you post. A recent federal decision has found that the police can use a helping witness to create a fake "friend" request and gain access to your social media. Don't be so silly as to post that you just broke into the neighbors house. The police could be watching and NO they will not need a search warrant to watch your social media. Need a lawyer for a search warrant issue? Call me.
Is child support and parenting time the same thing? No! I should not pay child support because she wont let me see Jr. The question is - what have you done about this? Have you filed anything in juvenile or circuit court? Not paying your child support is not the answer. Going to a child support hearing and demanding time with the child is not the answer. Parenting time and child support all deal with the same bundle of joy but they are two separate issues. You need good legal advice. Want to know more? Call my office or message me on Facebook. Jef
JUST SHOW UP with what? First show up with yourself. This is not a family meeting. Do not bring your Mom, Dad and five children. Do not bring your car and leave it at the jail parking lot for a few days. Are you going to CDC? Do bring a change of underwear meaning 1 white t-shirt, 1 white underwear and 1 pair of socks. Do bring 1 towel, wash cloth and 1 pair of shower shoes. IF you are going to CJC they will have jail clothes including underwear so just where the clothes you want to go home with. They will be returned when you check out. Do bring $20.00 for the snack or drink machine. Do you take prescription medication? Do bring the medication, IN THE ORIGINAL PRESCRIPTION BOTTLE. Medication must be approved by the jail medical staff. Sneaking medications in the jail can make a new charge for you and can keep you in jail much longer than you had in mind. JUST SHOW UP. If you told a judge you would do one, two or ten weekends DO IT! Imagine how hard it is to explain to a judge how they gave you a break and let you keep working through the week but you could not bother to show up to turn yourself in? A lawyer can work magic in the courtroom but he or she can only play the cards that you deal. The lawyer can negotiate a wonderful deal but he or she cannot serve your time. You have to do this. The first step to success is JUST SHOW UP!
JUST SHOW UP when? What is your work schedule? You can turn yourself in at the Criminal Justice Center, CJC, seven days a week, 24 hours a day. I don’t get off work until 10pm. Turn yourself in at anytime if you are serving more than 10 days. If you are serving less than 10 days turn yourself in at CDC between 8 in the morning and 9 at night. A lawyer can work magic in the courtroom but he or she can only play the cards that you deal. The lawyer can negotiate a wonderful deal but he or she cannot serve your time. You have to do this. The first step to success is JUST SHOW UP!
JUST SHOW UP! You were charged with a crime. You have to go to court. JUST SHOW UP! You got a lawyer. You fought the case and you negotiated an agreement. In an agreement there was parts you are happy about like probation. There are parts you are not thrilled with like jail time. If you have probation you must appear at the probation office so JUST SHOW UP! If you have some jail time you must turn yourself in to the jail. JUST SHOW UP! In Nashville, Gallatin and several surrounding counties you can agree to do some time in jail, usually on weekends, in exchange for your plea. There is a big huge condition to your success – showing up. So JUST SHOW UP! JUST SHOW UP but where. Many folks are so excited that they are not going to jail today and they do not remember the details. “I have to go to jail.” OK, where? In some counties there is only one facility. In Nashville there are several. Do you turn yourself in to the Criminal Justice Center at 448 2nd Avenue? JUST SHOW UP! Do you turn yourself in at the CDC facility at 5113 Harding Place? JUST SHOW UP! Where do I go? If your plea agreement says you will serve more than ten days you must report to the CJC, 448 2nd Avenue North, Nashville. If your plea agreement says you will serve less than ten days, like a weekend DUI conviction, you must go to the CDC facility at 5113 Harding Place, Nashville. For more or less than ten days the first point is JUST SHOW UP! A lawyer can work magic in the courtroom but he or she can only play the cards that you deal. The lawyer can negotiate a wonderful deal but he or she cannot serve your time. You have to do this. The first step to success is JUST SHOW UP!
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3807 Dickerson Pike
Attorney Jefre Goldtrap is not only interested in helping you in the courtroom, but also in helping you to understand the laws and procedures of a courtroom.
In his blog, Jef shares insights that will help you understand the laws that affect you and your community, and hopefully provide you with the knowledge needed to avoid adverse legal situations.
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