What does a criminal conviction really mean and how does it affect my life?

What does a criminal conviction really mean and how does it affect my life?  In this month’s Tennessee Bar Association Journal, there is an excellent article about criminal convictions and how a conviction will impact an individual’s life.  If you want a copy of the article, just email me at jerryhofferattorney@gmail.com and I will get you a copy.  All contacts will be anonymous.  

National Crime Victims Rights Week begins today

By Linda Braden Albert 
lindaba@thedailytimes.com
Originally published: April 18. 2010 3:01AM
Last modified: April 17. 2010 4:55PM

The focus of a crime is often on the offenders and what they have done rather than on the victim. National Crime Victims' Rights Week, which begins today and continues through Saturday (April 24), shifts that focus to those who are impacted most by the crimes.

Blount County District Attorney General Mike Flynn said, “During this week, we all like to stop, take a step back, and say ‘we're here because of the victims, and that's who we want to help.' We take time out to recognize that and remind everybody that that's what the focus is, that it's on the needs of the victims rather than on the offenders.”

On Tuesday, the Tennessee Board of Probation & Parole and Flynn's office will plant a dogwood tree at the Blount County Justice Center in recognition of the victims of crime of any kind. Flynn said a dogwood tree was chosen for several reasons.

“The dogwood tree, of course, is indigenous to East Tennessee, and it's a tree that blooms in the spring about the time that we have Victims' Rights Week every year, so we thought it was a very appropriate tree,” Flynn said. “Plus, they are very tough trees that can survive under difficult circumstances. For all those reasons, we thought it was an appropriate tree for victims' rights.”

This is the first observance held in Blount County. In the past, Flynn said events had been concentrated in Knox County.

“We thought it was time to do something here in Blount County, and that's what we're doing,” Flynn said.

Theft to homicide

The Administrative Office of the Courts, which tracks all courts across the state, generates an annual report on what is happening in each judicial district of the state. The most recent figures are from fiscal year 2008-2009, which ran from July 1, 2008, to June 30, 2009. In Blount County Circuit Court, 1,452 criminal cases were disposed of (either tried or pled), Flynn said.

“The highest number of those involved burglaries and thefts,” Flynn said. “We also had a high number of drug cases and seven homicide cases that were disposed of during that year. So they ranged the gamut of theft cases through homicide and everything in between. Most if not all of those cases had victims and people who were touched by that.”

A recent parole hearing attended by Flynn and Mary Caylor, Blount County victim-witness coordinator, was related to a 2002 crime in which the victim was shot six times and left to die. “She still has three bullets in her body,” Flynn said. “She is reminded every day of how close she came to dying. Luckily, (the offender) will stay in prison for a nice long time.”

Many cases touch Flynn in a very personal way. He said the ones that make the greatest impact involve sexual and/or physical abuse of children.

“They are all important, and you're concerned about all the victims, but when you see a small child who has been treated so badly for absolutely no reason, it really touches you,” Flynn said. “It's amazing, though, too, to see how resilient some of these children are. It's very inspiring to see a child who has been treated like that then to see them go on to high school and college and become successful members of the community.”

About Crime Victims' Awareness Week

According to ovc.ncjrs.gov/ncvrw, each April since 1981, the Office for Victims of Crime has helped lead communities throughout the country in their annual observances of National Crime Victims' Rights Week (NCVRW) by promoting victims' rights and honoring crime victims and those who advocate on their behalf.

All victims of crime deserve to be treated fairly and respectfully and in a way that preserves their dignity. The theme this year is therefore “Crime Victims' Rights: Fairness. Dignity. Respect.”

The public is invited to attend the tree planting ceremony Tuesday at the Blount County Justice Center. Refreshments will be served following the event.

Fast Week

This week just flew by.  When I got up this morning, I didn't even know what day it was.  By Wednesday, I had already worked my "forty hour" work week.

Thank goodness I only have one case tomorrow. After that, it is off to middle Tennessee to watch my daughter play basketball!

I hope everyone has a great, safe weekend.

JH

Interesting Post Regarding Causes of Divorce

Financial Fights That Cause Divorce

Posted on March 16, 2010 by Daniel Clement

"When all is said and done, aside from child custody, the biggest issues in divorce are about money. Indeed, money is often the root cause of divorce.  If money concerns are not the reason for a divorce, they may be symptomatic of deeper marital problems.

According to the Street, the types of financial fights that lead to divorce can easily be classified.

1. Paycheck envy
According to the Bureau of Labor Statistics, one in three married women out-earns her husband. That amount expands to more than half if they earn $55,000 or more. This phenomenon, it is said, may put stress on a marriage as it challenges the “traditional” male role as the “breadwinner.”

2. Debts
Couples who argue about finances on a weekly basis have a greater probability of divorcing than those who do not. Large debts may be indicative of illiquidity and the absence of an economic safety net. The absence of security provides more reason to fight.

3. Different money styles.
We have all heard about the struggles between the tight wad and the spend thrift; one spouse cannot part with a dime and ages bills to maximize the float whereas the other cannot leave a store empty handed. This difference is style may cause conflict which could jeopardize the marriage. Of course, this is an extreme example- but it illustrates the point that individual, though part of a couple, will manage money differently

4. Lifestyle Expectations
Obviously, financial constraints will define where and how the couple will live. Will they own or rent a home? Will they live in Westchester, Manhattan or Queens? Will they live in a home they easily can afford or will they stretch for something slightly above their combined means? Will they drive a new car or an older used one? If the couple is not one the same page, resentment will arise, challenging the marriage.

5. Hidden Money.
Money hidden from a spouse may be symptomatic of lack of trust or infidelity.

The theory of divorce law is that marriage is an economic partnership. It the marriage functions as a true partnership both parties are actively engaged in making marital financial decisions. Conflict can be mitigated if the parties are both aware of their financial styles and expectations and are willing to accommodate those of the other." 

Get your questions answered by Jerry Hoffer, a practicing Divorce and Family Law attorney since 1991.   

Divorce and Family Law cases are personal and emotional matters.  Do not make the mistake of giving in and giving up to your former partner simply because you do not want to make your fight public.  Not fighting for what is rightfully yours could have a negative long term effect on your life, children, and your financial well being.

If you have made the decision to divorce or need the assistance with a related family transition in Tennessee, be sure to consult an experienced Divorce and Family Law attorney.  We know what you need during your challenging transition: honest advice, clear legal information, understanding support, and a firm guiding hand.  We want you to start your new life with confidence, a fair settlement or disposition, and financial security - and we want your new life to begin as soon as possible.

For a confidential consultation concerning your 

 

Divorce or Family Law needs, call our office today.

Attending two day divorce and family law seminar in Tunica.

Sometimes it blows me away man's inhumanity towards their fellow man.

TOP TEN WAYS TO MAKE A JUDGE MAD (or think you are clinically insane)

            10.       Use big words when you talk when you really don’t know the meaning of the words

            If you don’t understand a word, please don’t try to impress the judge with your lack of knowledge of the English vocabulary.  Just be yourself and answer the questions to the best of your ability.  If you don’t understand a question, by all means, ask the questioner to repeat it until you understand what is being asked.  Butchering the English language does nothing for your credibility.  After all, it’s a “plea bargain” not a “flea bargain”.  You may need a “restraining order” not a “training order”.  And documents are notarized by a “notary republic” not a “notary republican”.

            9.         Leave your proof at home

            If you have documentation or witnesses that are advantageous to your argument or case, by all means make sure you bring them to court.  Nothing is more irritating for your attorney and for a judge but to hear over and over again “I can prove it! I’ve got the papers / pictures / recordings / witnesses, but I left them at home!”

            8.         Talking loudly while someone else is testifying

            Keep your mouth shut during the testimony of other witnesses.  Nothing is more distracting for your attorney and the court if you continually whisper in a loud stage whisper to your attorney that the person who is testifying is “nothing but a dang liar!”  Let your attorney concentrate on what is happening and don’t distract the judge from the testimony by your never ending incredulous protestations of innocence or disbelief in the dishonesty of the witness.

            7.         Failing your drug test

            You really should not be in a position to have to take a drug screen in the first place, but occasionally the issue is raised.  Failing a drug screen is one of the most damaging things you can do in the eyes of some judges.  The worst experience is failing a drug screen after you insist your attorney have the other party tested.  If you make this request, do not be surprised if the other side asks for a drug screen as well.

            6.         Blame your past legal troubles on the failure of your prior attorney

            Most attorneys and judges know each other outside of the courtroom.  Some are friends.  Although some of us may not socialize on a daily basis, there is camaraderie that develops from being in the same profession.  Often attorneys get together once a month for a Bar meeting / luncheon to discuss current legal trends and topics.  Therefore, judges have mutual respect for attorneys and vice versa.  There is nothing to be gained by dissing your prior attorney on the stand as a way to hide your own failures and irresponsibility.

            5.         Slam the door on your way out of the courtroom

            If the court has ruled against you in some way, you can make things even worse by storming out of the courtroom and pushing that courtroom door just a little too hard.  It could lead to a free weekend getaway at your local jail.

            4.         Interrupting

            Knock knock.  Whose there?  Interrupting cow.  Interru-------MOOOOOOO!  If you think that is obnoxious, so are the interrupting witnesses.  The rules we learned in Kindergarten are still good rules.

            3.         Don’t be a smart on the witness stand

When you’re being questioned answer the questions truthfully and respectfully.  There is no sense in making things worse by layering dripping sarcasm from your voice.  And it’s also not the time to ask the other attorney questions if you think that he or she is a fool.  Your job as a witness is to answer the questions put to you so the court can make a determination.

            2.         Dress like a slob

I once had a client show up to court arguing for the return of her children.  During her argument she pleaded with the court and indicated that she no longer drank alcohol.  She was an alcoholic and it was a big issue in her custody case.  I didn’t get a chance to look at her very well prior to our hearing because she was late to court.  After the hearing, we met out in the hall to discuss her options because her children were not returned.  At that time I noticed the Budweiser T-shirt she was wearing showing the Spuds McKenzie dog and the phrase “born to party”.  It never ceases to amaze me what people wear to court.  Baggy pants, dirty shoes, flip-flops, shorts, halter tops, etc.  This is a court of law and you should be showing the court respect otherwise you will not get respect in turn.

1.            Being late to court

Nothing irritates a court more than litigants arriving late to court with some lame excuse such as I overslept, I forgot, I went to the wrong courtroom, etc.  This is an important day and if your future depends upon your actions, you’ve got to be there on time.

A little common sense goes a long way….

Do you fee safe at home?

The last time I was at the Judicial Complex, I found this business card.  Here are the contents verbatim.  I hope this helps someone in need.

Do you feel safe at home?  Does your partner…

*           Monitor your time, your phone calls, conversations or internet use?

*           Criticize, belittle or humiliate you?

*           Act jealous or possessive?

*           Threaten to hurt you, your children, family, friends or pets?

*           Blame you for how they feel or act?

*           Make you feel you are incapable of making decisions?

*           Yell or call you names?

*           Hit, slap or push you, your children or pets?

*           Throw or destroy things?

*           Threaten to take everything including the children, if you leave?

DON’T KEEP THE SECRET:  Talk About It!

NO ONE DESERVES TO BE HURT --- YOUR SAFETY IS IMPORTANT!

An advocate can help you with a personalized safety plan.

There’s a weekly support group that will give information and help you sort through things.

Individual crisis counseling is available to you.

All services are free through the FAMILY VIOLENCE PROGRAM.

Call our 24 hour hotline for more information and immediate assistance.

HOTLINE # for Bradley & Polk Residents: 476-3886

OFFICE PHONE # 479-9339 ext. 3525 or 3515

TTY# 423-476-3882

Wow look at the snow!!

HOW TO RECOGNIZE A WOMANIZER

AN INTERESTING POST ON HOW TO RECOGNIZE A WOMANIZER

By Laurie Pawlik-Kienlen

Personality Traits of Casanovas Who Are Hooked on the Hunt

The word “Casanova” evolved from an Italian womanizer who had over a hundred one night stands. Casanova was a lady killer from Venice; he would wine and dine women, charm them, make them feel beautiful and irresistible, take them to bed, and … move on to the next woman the next day.

Casanovas are also known as womanizers, lotharios, tom cats, lady killers, seducers, predators and players. Many womanizers have a “line” for picking up women; they have a whole strategy from start to finish. After you learn how to recognize a womanizer, you'll see through his facade.

The personality traits of womanizers make them easy to recognize.

Womanizers are master manipulators. Though the words “Casanova”, “tom cat”, “womanizer”, “lothario” and “seducer” may seem flirty and flattering, the behavior of lady killers is far from innocent. The sooner you learn to recognize a womanizer, the better off you'll be.

How to Recognize a Womanizer

Womanizers are charming. They’re attentive, interested, curious – and they make women feel special. Womanizers have one goal: to get a woman into bed as quickly as possible and then move on to the next one. They’re seducers who are addicted to the "power" they feel when seducing women. This is one way to recognize a womanizer: they're addicted to the chase and challenge of love.

Womanizers are often in touch with women’s feelings, and can adeptly manipulate those feelings to their advantage. For instance, a womanizer will express empathy for a woman’s professional or personal problems, and let the woman vent her feelings. Once she feels comfortable and relaxed with the lady killer, he’ll make his move.

Womanizers are good at what they do.

How to Recognize a Womanizer: The Inner Workings of a Don Juan

Some psychologists believe womanizers or lotharios struggle with low self-esteem, and their sexual conquests make them feel better about themselves. It’s a temporary high, though. Womanizers may have unstable or nonexistent relationships with father figures – especially in early childhood – which makes them insecure about who they are. Knowing this will help you recognize a womanizer.

“Casanovas tend to exhibit some traits associated with psychopathy,” says Robert Hare, author of "Without Conscience" in Psychology Today (“The Lady Killer Files”, November December 2007). Womanizers may have to manipulate and deceive women to get what they want, and they may ignore guilty feelings – or they may not feel any guilt at all. This, too, will help you recognize a womanizer.

Womanizers tend to sleep with inappropriate partners, flirt with their friends’ wives, and have secrets about their romantic lives. Many lady killers are addicted to sleeping around with different women, but don’t find their sexual conquests fulfilling in the long term.

Recognizing a Womanizer Means Resisting a Womanizer

When you think you've met a Casanova, Don Juan or womaizer and you don't want to be another notch in his bed post, don't let yourself be manipulated into bed. A womanizer will give you the cold shoulder just as quickly as he'll wine and dine you. You need to decide what you want, and stand firm.

Womanizers probably aren't good candidates for long-term relationships. If you're looking for a healthy relationship, you need to not only recognize a womanizer -- you need to look past him.

WARNING TO FACEBOOK USERS!

During halftime of a basketball game while messing around with my phone, I found the following article from a local newspaper in Kentucky and had it emailed to my office.  (Yes, I know, I have a touch of ADD).  Unfortunately, the email did not list the source of where I got this so I cannot give proper credit, but the information is very pertinent.

Cheaters Leaving Trails Of Lies On Facebook

It started as a way for college students to network, but over the past few years Facebook has become an Internet phenomenon.

Many people are spending large amounts of time on the social networking site. Some of the decisions some users are making online are even affecting marriages.

Lawyers say some cheating spouses are playing out their affairs on Facebook, never realizing the trail of ammunition they're leaving.

"My ex-wife was on Facebook. I knew she was on it," said one man.

What the man, who asked not to be identified, said he did not know was how his ex-wife used Facebook to fuel her extramarital affairs.

"I found it very odd that many nights her not coming to bed, instead spending hours on Facebook and because I was not very familiar with it, I didn't realize you could chat and do all these different things," he said. "She found an ex-boyfriend. She also built a relationship through Facebook."

"Facebook is tempting and too much temptation leads a lot of people astray," said family law attorney Louis P. Winner.

When Winner noticed an increasing number of clients citing Facebook-related issues as the reason for their divorce, he wrote an article in the Louisville Bar Briefs on how family law attorneys can use Facebook to dig up cyber-dirt on cheating spouses.

"On average, I'm seeing one in five people come in mentioning Facebook as -- here's a cause or here's a catalyst," Winner said.

Other divorce attorneys said they're seeing information from Facebook crop up in cases every week.

"I've been involved in depositions where my clients have been deposed and the other side comes in with some pictures of a Facebook profile that I can't imagine any rational person posting, and there it is: my client in a compromising position for the public to see," said attorney Hugh Barrow.

"As long as people are dumb enough to post their life to the whole world, it's perfectly appropriate to use those in a court proceeding," said divorce attorney Diana Skaggs.

"In every case it's something that I inquire about and look at now -- is there a Facebook page out there and how may that hurt my client? Take it down. Now. Yesterday," Skaggs said.

"You may have to think of it as anything you're going to put on Facebook -- pictures, the comments you make, the comments your friends make -- think of it as a divorce attorney may read that," said Winner.

"Basically anything that you see on the screen for the most part is saved on your computer somewhere," said computer forensics expert Andy Cobb.

Cobb said divorce attorneys and suspicious husbands or wives hire his company to pull up past posts, pictures, private chat and very personal videos the cheater may think are long gone.

"Since the computer is marital property they have equal rights to it so we can be asked by one of the spouses to go in and make a copy of the computer and then bring it back for examination," said Cobb. "A lot more evidence than people realize is there."

"A picture paints 1,000 words. Well, we had hundreds of pictures that painted thousands of words," said the man who discovered his wife's extra-marital affairs on Facebook.

"I guess the thing that surprises me is people are so blatant about it and part of me thinks they want to get caught," Cobb said.

This scorned husband said while his wife is the one who filed for divorce, she didn't realize he and his attorney would find evidence on Facebook. He said she was stunned when the evidence was presented in court.

"Every action has a reaction and everything that you put there is in black and white, everything you say there is proof," he said.

The following is an excellent post from Peggy Roston’s Alaska Divorce Blog, posted July 25, 2009

The following is an excellent post from Peggy Roston’s Alaska Divorce Blog, posted July 25, 2009

 

Tips To Help You Avoid Sky Rocketing Attorney's Fees

Divorce litigation is extremely expensive. Your attorney will charge you for the time he or she spends writing and responding to letters, emails, and motions. Some of the time your attorney has to spend on your case is unavoidable. But there are a few things that you can do to help your attorney handle your case in a cost-effective manner.

• Communicate by e-mail rather than by telephone. Telephone calls tend to be more expensive because of the pleasantries exchanged before you and your attorney get down to business.

• Keep your e-mails short and to the point. Your attorney may receive hundreds e-mails a day. If you keep your emails short and to the point, your attorney can respond quickly to the issue you have raised without having to wade through a lengthy email.

• Organize your financial documents before you give them to your attorney. Parties in a divorce case must exchange tax returns, credit card statements, brokerage statements, bank statements, and personal property lists. Respond promptly to your attorney’s request for financial information. . If you have personal or work time-constraints, I suggest you call your attorney to ask for a referral to a financial professional who can help you out. Having organized financial documents can save you hundreds or possibly thousands of dollars in attorney’s fees or paralegal fees and can keep your case moving forward.

A good week

What a busy week!  On Thursday, I finished up a four year old case with an all day trial.  The trial was actually day two of a two day hearing.  The first day of the trial was in May of 2008.  

Tomorrow morning a rarity:  a Saturday morning deposition.

On a personal note, daughter Stefanie came home for the weekend and regaled the family with her stories of scuba diving in Bonaire.  She and the wife travel to Atlanta tomorrow for a baby shower.  Come Sunday, Stef has to head back to Wofford for her Spring semester.

I appreciate all of the folks who have referred clients this week.  Our calendar is extremely full right now.  After some rest and relaxation on Sunday, I will be back in the office ready to go.

Have a great weekend.

Stefanie

My daughter Stefanie flew in from Bonair to Atlanta last night after a week of scuba diving.  Her trip was actually the culmination of a one month interim course at Wofford.  She and her classmates are stuck in Atlanta for the night.  The airport in Greenville, S.C. is apparently closed due to the weather.  No worries though; it is nice to have here back safe in the U.S.  I cannot wait to see her photos and hear her stories.

Let it snow, let it snow, let it snow....

Today ended much different than it started. My day started with a run at 5:15 a.m.  It was rather chilly and a bit windy.  After getting to the office and meeting with several clients, I look up and it's SNOWING!  I drove home in two inches of slush and sleet.  It reminded me of my days back in Ohio as a kid.

Hope you all got home safe.  Till next time.

Whether you should stay or go.

by Susan Pease Gadoua

Susan Pease Gadoua is an author, therapist, with expertise in the area of divorce. See full bio

How Do I Find a Divorce Attorney?

Learn the three keys to finding the right divorce attorney

Published on December 5, 2009

Finding an attorney is easy. Finding the right attorney is the trick. If you look in your local yellow pages, you will see that attorneys can have many types of specializations and there is often no shortage of them.

Before you look for legal representation, spend some time researching the various ways you can get divorced. There is self-representation, mediation, collaborative and litigation. Decide which modality you want to start with and then look for an attorney who practices that modality. If you start by looking for the attorney first, you will end up with the modality your attorney practices, which may not be right for your case.

Asking trusted friends of neighbors whom they consulted in their divorces is a fine strategy, but most people fail to ask important questions about their friend's attorney.

You will want to ask your friends what their main issues were (custody; support; asset allocation; and special circumstances such as move away issues, addiction, and mental health problems) and how the attorney handled those issues. 

You can also directly ask attorneys what they specialize in and get a sense of their personal styles. If you need a hand holder but get someone who is gruff, your emotional needs won't likely be met, and you may wind up feeling beaten up by your lawyer in the process. If you need an aggressive lawyer but go with someone kinder and gentler, you will likely feel that your legal needs weren't met.

In addition to meeting your needs, your attorney should have a legal style that matches that of your spouse's attorney. If your spouse gets an aggressive attorney, you will need an equally aggressive one. One man I counseled was frustrated that he would have to hire a "shark," as he put it. He wanted to handle the divorce in a more amicable climate, but since his wife didn't share those sentiments, he had no choice if he wanted to be on the same par with her.

I recommend shopping around for an attorney. Call a number of different people who have been recommended to you and see who you think is the best fit for you. Make sure you feel absolutely comfortable with whomever you hire, and remember, your attorney works for you. If he or she does something that makes you feel bad or misrepresented, then you have the right to say so. 

If your attorney can't accommodate your needs or makes you feel bad for speaking up, then you can let this one go and find someone better suited for you. It's never ideal to have to start over with someone new and bring this new person up to speed, but the alternative of staying with an attorney who disregards your needs is a worse scenario.

Remember these three things when looking for your divorce attorney:

1) Trust your instincts. If someone feels like a good match, they probably are; if something doesn't feel right, it probably isn't. 

2) It's okay to make mistakes - you may misjudge the type of divorce you want or need, or you may not pick the best attorney the first time around - let go of the bad as soon as you can and move on with choosing a new lawyer or a preferred divorce modality (mediation, collaborative, litigation).

3) Don't people please! The decision of which attorney to choose to represent you in what may be the biggest lawsuit you will ever be involved in is not the time to worry about hurting someone's feelings. Choose the person you truly believe is best for you and don't worry about your ex or anyone else who may get upset by your choice. 

Taken from Chapter Seven of Contemplating Divorce, A Step-by-Step Guide to Deciding Whether to Stay or Go

It's 5:00 a.m. Time to start the day off with a quick five mile run.

This is a mobile test blog.

It's blowing like a hurricane outside. I didn't check any of the weather reports for this weekend. After cancelling my morning run on Saturday due to lack of sleep, I got shut out again this morning due to the hurricane like conditions. I got a little work done today but now that football is on, it's time to relax for a little bit. Late this afternoon, my wife and I will attend a function at our church for our youngest daughter will have her confirmation service next weekend at Broad Street.

I hope everyone stays safe the rest of the evening. There are many food warnings and watches on the television.

Back to the law office in the morning. Have a great week. Do something nice for someone tomorrow.

Changes

I have been working very hard in the first few weeks of this new year to improve my practice and the technology associated with it. My goal is to maximize my ability to educate the public about Divorce and Family Law. In the next four to six weeks, I should have a new website up incorporating social network sites such as Twitter, Facebook and Linkedin.com among others. Please check back from time to time. Once everything is up and operational, you will be able to sign up for my monthly newsletter for more information.

Until then, be safe.