Frequently Asked Questions

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 (502) 369-3025.

Personal Injury
- How do I know if my car has been totaled and what happens then?
  
  If it will cost more to repair your car than it is worth, then your car will be deemed a total loss. The insurance company should offer you a fair amount to enable you to purchase another vehicle of comparable value. You can choose to argue for more compensation from the insurance company. This requires an independent appraiser or your personal research based on similar vehicles’ prices in the current market.
- Who is responsible for paying my relevant bills?
  
  Until your case is settled, your insurance company may be relied upon to pay your medical bills and possibly any lost wages, depending on your coverage plan.
- What if I am partly be to blame for the incident?
  
  As long as your actions can be proven to account for less than 50% of the accident, you can still file a claim and collect from the at-fault driver’s insurance company.
- What are considered damages in a personal injury case?
  
  Damages include all expenses and losses that result from the incident. These can be anything from medical bills, property damage, and lost wages, to permanent scars, mental anguish, and disability.
- Do I have to take the at-fault person to court?
  
  No. In fact, most personal injury cases are resolved by the at-fault person’s insurance company.
- What elements determine if I have a personal injury claim?
  
  There are four elements that support a personal injury, or tort, claim. (1) The person at fault is obligated to act or not. (2) Said person neglects that obligation. (3) You suffer damages, and (4) they are the direct result of the at-fault person’s actions.
- How do I know if I have a legitimate claim?
  
  Even if you’re not sure if the other party is to blame or if there is enough evidence, contacting an attorney is a good idea. A consultation is usually free and can help you make sure you’re not waiving your rights to compensation if you do have a case.
- I have been injured in an accident. What should I do?
  
  Seek medical help, especially if you are badly injured. Then contact your attorney before making any statements to the at-fault person’s insurance company or attorney. Your statements could be used against you if you file a case or a claim.
Family Law
- 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, the family court gives preferential treatment to the parent who takes custody of the children. However, if you do move out with your kids, you must file for temporary custody and child support as soon as possible. Otherwise, you could jeopardize your custody case and your spouse could accuse you of removing the children without consent. Call our office to ensure you take the proper actions.
- What is joint custody?
  
  When parents are awarded joint custody of their children, this can mean three different things. You could be awarded joint physical custody, where both parents have significant rights to spend time with the kids. Joint legal custody requires both parents to consult on issues pertaining to the children, including education, religion, and health. The most equitable form of joint custody combines the physical and the legal forms, making both parents full legal guardians.
- As the father in a child custody case, what are my chances of being awarded custody?
  
  While it used to be required by law in most states to award custody of young children to their mothers, things have changed in favor of more fair decision-making based on the best interest of the children. The judge should look at many aspects of the case, such as both parents’ working situations, their desire for custody, and if either parent displays a lack of ability to be a good parent.
  If you are a father who wants partial or full custody of your children, Will Fraley Attorney at Law can help you pursue your case.
- How do judges determine custody cases?
  
  The courts consider many factors before coming to a final decision on child custody cases. Circumstances like the child’s gender, age, and health, as well as each parent’s health and lifestyle, including smoking and a history of abuse, are taken into account. Judges also review the bond between the child and each parent, how well the parents are equipped to provide for the child, and what impact changing the child’s living situation may have on him or her. If the child is over a certain age, usually a teenager, he or she can have a say in the matter as well.
Criminal Defense
- 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 solely 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 a few factors, such as whether a weapon was used and how much the stolen property is worth, 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, as well as the involvement of the FBI, the FDA, or the ATF. We can help you face your charges and prosecutors.
- 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 a number of 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 enrollment in a DUI class, and a jail sentence.
- If I am charged, what could my offenses be?
  
  In addition to the commonly known DUI, short for driving under the influence, depending on your situation, you could be charged with DWI, meaning driving while intoxicated, or operating while intoxicated (OWI).
- 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?
  
  He or she will watch for evidence such as difficulty walking straight, slurred speech, the smell of alcohol on your breath, confusion, and a reddened face. A disorderly appearance and negative attitude may be other tipoffs.
- 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 will protect you from incriminating yourself.