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In: Chattanooga Criminal Defense Attorneys, Criminal Law, DUI, Featured Articles

Tennessee Pretrial Diversion Changes, No Diversion for DUI Offenses Effective July 1, 2011, Tennessee no longer has a “Pretrial Diversion” program but judicial diversion is still available to criminal defendants. Tennessee House Bill 64 repealed T.C.A. §40-15 in its entirety and amended T.C.A. §40-35-313 [important]T.C.A. §40-35-313 is entitled ” Probation — Conditions — Discharge and dismissal — Expunction from official records” and provides the criminal court with the authority to defer further criminal proceedings in certain instances [/important] This change from pretrial diversion to only judicial diversion ultimately may appear to be a distinction without much difference.  However, under the former pretrial diversion statute theRead More →

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In: Contracts, Corporations, Not Legal Advice

 Switching to Independent Contractors Draws Scrutiny from IRS and Department of Labor With the current state of the economy, shifting from full-time employees to independent contractors is a cost-cutting measure that some businesses have implemented.  This saves the business money by shifting the burden of payroll taxes to the worker, and lowering or eliminating unemployment insurance premiums and/or workers compensation premiums. Misclassified Workers Result in Additional Taxes and Penalties But according to a recent ABA article, for those who have misclassified their workforce, the glare of the IRS spotlight may soon be upon them. According to the article, over the next three years, the InternalRead More →

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In: domestic relations attorneys, Family Law Attorneys, Tennessee divorce attorney

Can a Mediation Agreement be Set Aside? Are you contemplating divorce? Perhaps you are already in the process of divorcing. In Tennessee a couple seeking a divorce is typically required to attend mediation.  In order to attempt to resolve the issues in controversy outside of court. In fact, the courts are requiring mediation in almost all divorce cases. But,  will the mediation agreement be enforced by the Court? Have Your Divorce Lawyer Present During Mediation The best and first defense to an unfair or improper mediation agreement is to be sure that your divorce attorney is present with you in mediation. Be sure your lawyer reviewsRead More →

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In: General Legal Issues, Off Beat

Privacy Bill To Be Pushed by Obama Administration Corporations May Have to Obtain Permission to Use Information about Consumers Although corporations do not enjoy the right “personal privacy“, individuals do.  In fact the Obama Administration is ramping up to ensure more personal privacy to internet users.  Lawrence E. Strickling, an assistant secretary of commerce, is expected to call for the legislation at a hearing of the Senate Commerce Committee, as reported by the Wall Street Journal Apparently the administration will back a law that follows the outlines of a report issued by the Commerce Department in December.  The administration wants any new rules to beRead More →