American law is complex and confusing to the average citizen. State and federal courts have different rules and laws. If you’re facing criminal charges, your needs are different from those of someone seeking custody of their children. A personal injury victim has yet other requirements to ensure proper compensation. Everyone has questions about what they should do once an action has happened that involves the law. Will Fraley Attorney at Law has compiled frequently asked questions for people who need criminal defense, those who need a family lawyer, and ones who have insurance claims. We want to help the residents of Murfreesboro, TN, get the legal assistance they need.
Criminal defense FAQs
Being accused of a crime is not a situation most of us have experience facing. It is scary and confusing, and, if you’re convicted, there could be lasting negative effects on your life and that of your family. We provide legal guidance and representation for people charged with driving under the influence and similar matters, as well as drug possession and distribution. We can also help people who have been accused of theft, whether it’s a misdemeanor or a federal offense.
Before you contact us, you may want to review our criminal defense frequently asked questions to make sure you take the best actions to help you in your case.
Family law FAQs
The emotional distress that comes with any family law situation, be it a divorce, a will, a protective order, or child custody case, can cloud your judgment and decision-making. We know this and sympathize with you. We also know how to navigate these uncomfortable and painful circumstances to find the best legal outcome for you and your loved ones.
Child custody is a particularly sensitive and challenging scenario with a variety of possible results. You may wonder whether the courts still favor mothers over fathers as sole guardian, if there are things you need to do to help your fight for custody, and what the options are that will lead to the best resolution for your kids. Find the answers to these questions and more on our family law frequently asked questions page.
Personal injury FAQs
A vehicle accident, a slip and fall, a dog bite, and a doctor’s neglect are just a few examples of personal injuries that can and should yield compensation for the victims. With the involvement of insurance companies, medical providers, other attorneys, and sometimes even car repair shops and dealers, personal injury cases can be the most complicated to work through. Everyone has their own agendas and rhetoric that can sometimes confuse the victim. We are well-versed in all aspects of these types of cases.
Take a look at our frequently asked questions about personal injury cases to help you make some sense of what to do and say, as well as what you can expect as far as your rights to compensation.
If you have more questions, call us at (615) 410-7290.
Explore Our Answers
Personal Injury FAQs
How do I know if my car has been totaled and what happens then?
If repairs cost more than your car’s value, it’s considered totaled. The insurance company should offer a fair replacement amount. You may negotiate by using an independent appraisal or comparable vehicle research.
Who is responsible for paying my relevant bills?
Until your case is settled, your insurance company may cover medical bills and possibly lost wages, depending on your policy.
What if I am partly be to blame for the incident?
If you are less than 50% at fault, you can still file a claim and collect from the at-fault driver’s insurance.
What are considered damages in a personal injury case?
Damages include medical bills, property damage, lost wages, pain and suffering, permanent scars, emotional distress, and disability.
Do I have to take the at-fault person to court?
No. Most personal injury cases are settled directly with the at-fault party’s insurance company.
What elements determine if I have a personal injury claim?
Four elements define a tort claim:
Duty of care owed by the at-fault party.
Breach of that duty.
You suffer damages.
The damages directly result from the at-fault party’s actions.
How do I know if I have a legitimate claim?
Even if you’re unsure, you should consult an attorney. Most offer free consultations to help determine if you have a valid case.
I have been injured in an accident. What should I do?
Get medical attention immediately. Then contact an attorney before speaking to the at-fault party’s insurance company or lawyer, as your statements could be used against you.
Family Law FAQs
I am planning to move out of the home and I want custody of my children. Should I take them with me when I leave?
Yes. Family court often favors the parent who takes custody of the children. However, you must file for temporary custody and child support as soon as possible. Failing to do so could jeopardize your case and lead to accusations of removing the children without consent. Contact our office to ensure proper action.
What is joint custody?
Joint custody can mean:
Joint physical custody: both parents share significant time with the children.
Joint legal custody: both parents consult on major decisions about education, religion, and health.
Full joint custody: combines both physical and legal rights equally.
As the father in a child custody case, what are my chances of being awarded custody?
While mothers were once favored, custody decisions now focus on the best interests of the child. Judges consider factors such as each parent’s stability, ability to care for the child, and overall circumstances. Fathers seeking partial or full custody can pursue their case with our help.
How do judges determine custody cases?
Courts consider the child’s age, gender, and health, as well as each parent’s health, habits, and ability to provide. They evaluate the emotional bond with each parent and the potential impact of changing living situations. In some cases, older children may voice their preferences.
Criminal Defense FAQs
What is the difference between petty theft and grand theft?
Technically, petty theft does not exist. Misdemeanor offenses, which can be considered comparable to “petty theft,” cover stolen property worth between $50 and $1,500. Grand theft is usually a felony and applies to stolen goods valued at $500 or more.
If I’m convicted, what punishment can I expect?
You can expect anything from having to pay court fees and fines to doing community service and jail time.
Under what circumstances could I be charged with theft?
Anytime someone accuses you of taking their property without permission, you could be arrested for theft. Depending on factors such as whether a weapon was used and the value of the stolen property, you could face misdemeanor or federal charges.
Could I end up in federal court?
Yes. If you are convicted of drug trafficking across state or international borders, it becomes a federal offense. This comes with stiffer penalties and the involvement of agencies such as the FBI, FDA, or ATF.
Do I really need an attorney?
Our team at Will Fraley Attorney at Law can help you figure out the best defense to avoid conviction or reduce any penalties.
If I am convicted of drug possession, will I go to jail?
It depends on several factors, such as your criminal history and whether underage children were involved.
What are the possible consequences if I am convicted?
Penalties can include fines, license suspension, probation, mandatory DUI classes, and a jail sentence.
If I am charged, what could my offenses be?
You could be charged with DUI (driving under the influence), DWI (driving while intoxicated), or OWI (operating while intoxicated), depending on your circumstances.
How should I respond if ordered to take a field sobriety test?
You can politely refuse to take the test without worrying about legal penalties.
What behaviors and physical signs might tell an officer I have been drinking?
Courts consider the child’s age, gender, and health, as well as each parent’s health, habits, and ability to provide. They evaluate the emotional bond with each parent and the potential impact of changing living situations. In some cases, older children may voice their preferences.
What behaviors and physical signs might tell an officer I have been drinking?
Officers look for difficulty walking straight, slurred speech, the smell of alcohol, confusion, a reddened face, or a disorderly appearance and negative attitude.
If I am pulled over by an officer who asks me if I have been drinking, what should I say?
You have the right by law to refuse to answer until you have spoken to an attorney. This protects you from self-incrimination.