Kevin Drew Balkwill's Answers

What will happen when i go to court for a misdemeanor citation for marijuanan possesion?

You will be arraigned (asked by the judge if you understand the charges against you) and asked whether you have an attorney to represent you. If you do not, your case will be rescheduled so that you can retain an attorney. If you meet the qualifications for indigent status, the court can appoint the public defender to represent you. You can fight the charge, but showing that you don't smoke marijuana doesn't help you. There are many people who sell the stuff without ever smoking any. If...

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Public Intoxication charge - Can I fight this?

The applicable statute is as follows: (a) A person commits the offense of public intoxication who appears in a public place under the influence of a controlled substance or any other intoxicating substance to the degree that: (1) The offender may be endangered; (2) There is endangerment to other persons or property; or (3) The offender unreasonably annoys people in the vicinity. (b) A violation of this section is a Class C misdemeanor. There may be a...

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Dispute with attorney over wrongful death lawsuit settlement, attorney malpractice

You should immediately contact the Tennessee Board of Professional Responsibility and file a complaint against your attorney. Failing to reasonably communicate with a client is a violation of RPC 1.4. If the law office provided a loan to you during their representation, that would most likely be a violation of RPC 1.8. Failure to properly withdraw and turn over a client's file would be a violation of RPC 1.16.

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I am a juvenile charged with burglary (first offense). No property was stolen or damaged. What should I expect?

You need to discuss your case with an attorney or, if you cannot afford an attorney, the juvenile defender. Burglary requires the entry of a building with the intent to commit a felony, theft or assault therein. It could be argued that there was no intent to commit a felony, theft or assault, but that the entry was solely to smoke marijuana, which would not be a felony. I think a good lawyer could argue that all you did was commit criminal trespass and perhaps misdemeanor drug possession (...

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I want to adopt my step son.

It would be much easier to have the biological father join in as a co-petitioner in a petition to adopt your stepson. If that is not possible, you will have to seek to terminate the biological father's parental rights before the adoption can take place. There are a variety of factors that can be proven to support a termination of parental rights, including abandonment and failure to provide support. I would advise that you attend one of the clinics at the provided link to get additional...

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Can a man who has denied his child get visitation if I go for child support after nine years?

The only way for you to get support from the father is to file a paternity action against him in the local juvenile court. The support amount will be more if the father is not spending any time with your child. This may prompt the father to seek visitation. Generally, when a parent has been absent for a child's life for a substantial period of time, the courts will restrict visitation to short amounts until the parent has established a relationship with the child. This could include...

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Do I have a valid case??

Your only option is to file a Petition for Contempt against your wife and seek additional relief from the court. If your wife is willfully failing to pay the debt timely, she can be held in criminal contempt and be jailed. If your wife does not have the ability to timely pay, she can still be held in civil contempt and required to correct her deficiencies. This may require that she sell the home and/or pay your proven damages and/or attorney fees.

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Is there a Commercial Landlord Registration Act in Tennessee?

There is a Uniform Residential Landlord and Tenant Act for residential tenancies, but there is no comparable Act for commercial leases.

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If you marry someone that has a felony charge of carnal knowledge of a juvenile, can he live with you and your kids in the TN?

So.....let me get this right. You want to marry someone and invite them into your house around your kids when he has a previous felony charge of having sexual intercourse with a minor AND is on parole for some other felony offense? I think you are asking the wrong question. Your question should be...."Do I really want to marry this guy?"

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My son was charged in May 09 for burglary and public intoxication . He spent the night at a friend's house. They got drunk

You really need to speak with a good criminal defense attorney. If your child knew of the actions of his friend and failed to take any actions to prevent his crime, he could be just as culpable as the friend even though he never entered the premises. It is unclear whether this is a juvenile proceeding or a criminal matter. If it is a criminal matter, you certainly want to take every effort you can to keep your son from scarring his criminal record. Maybe there is a way to negotiate a...

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