Case Notes

Landlord Tenant Dispute – Past Rent Claim Against Client Dismissed

A client asked us to represent her in an appeal of a judgment for past rent from her prior landlord. The client had represented herself in General Sessions and as unable to work out an agreement with the Plaintiff. After two weeks, Michael successfully got the case dismissed and prevented the judgment from affecting her credit.

Child Custody – Mother’s Status as Primary Parent Maintained-

A client came to Joseph W. Fuson and Carolanne R. King in a panic after her child’s father filed a Petition to completely flip their parenting schedule. Joey and Carolanne successfully tried her case before the Sumner County Juvenile Court where she walked away as the Primary Residential Parent with the ability to choose her child’s school. The Court found, based on the arguments of Carolanne and Joey, that the father had not carried his burden of proving that he should be the primary residential parent.

Father not able to show a Material Change in Circumstances: Modification Denied.

Mother came to Joseph W. Fuson and Carolanne R. King after the father of her child filed a Petition requesting that her parenting time be reduced. After a very emotionally challenging trial in the Marshall County Chancery Court, which included testimony of their child, Joey and Carolanne were successful in maintaining mother’s parenting time.

Father’s Rights Established

Carolanne R. King was able to negotiate a temporary agreement with the opposing party, which granted her client the status of primary residential parent with the majority of the parenting time. This is important in this case because walking into Court that day, Father was only receiving parenting time at mother’s discretion.

Davidson County Felony Possession, Paraphernalia and No Drivers License – Dismissed on First Court Date

Client released without ever posting a bond.

Rutherford County Violation of Exparte Order of Protection – Dismissed

Case dismissed after getting case ready for trial.

Millersville CDL Speeding Violation – Dismissed

Client was charged with speeding 92 mph in a 70 mph zone on Interstate 65 case dismissed at trial.

Robertson County Felony Evading Arrest – Dismissed

Charges on college student were dismissed thereby saving his future employment and career.

Implied Consent Violation – Dismissed After Bench Trial

A victory for the defense. Not too often do judges find in favor of the defendant driver in an implied consent trial. After about an hour long hearing before a Middle Tennessee judge, we were able to convince him to dismiss the implied consent violation allowing our client to keep his drivers license. Although we are still going to have to defend the Driving Under the Influence charge, after proving the officer was poorly trained and failed to know how to do his job properly, this case is primed for dismissal.

In Tennessee, if an officer believes you have been drinking or taking drugs, they can request a blood or breath test. However, they must prove they properly advised you of your rights and that you refused. If they cannot prove these essential elements, they cannot convict a defendant driver of violating the implied consent law. If you think this has happened to you, contact a lawyer and fight, fight, fight!

CDL Traffic – Ticket Results in Favorable Settlement for Driver

When a holder of a commercial driver’s license gets a speeding ticket or some type of moving violation, his license and even his job is in jeopardy. Our Firm routinely helps holders of a commercial driver’s license (CDL) when it matters most. For example, a gentleman from Memphis contacted our Firm a few weeks ago because he was accused of traveling 72 miles an hour in a 55 mile an hour zone. He did not believe he was traveling that fast, and he wanted Freeman & Fuson to help him in disputing the Tennessee Highway Patrol Officer’s conclusions.

It is difficult in Tennessee for a holder of a CDL to obtain a dismissal of their traffic ticket or even have the ticket reduced because new federal laws limit the discretion of judges in disposing of these traffic offenses. That is is why hiring counsel can help as was the case from the gentleman from Memphis.

Freeman & Fuson was able to substantially reduce the impact of this ticket on our client’s driving record by discussing the matter with the District Attorney’s office. We pointing out our desire to not only to have a trial in this case, but that we stressed that the findings of the highway patrol officer were likely incorrect for a number of reasons. Due to our vigorous defense, our client will not lose his job and his driving record will be impacted very little as a result of this speeding ticket.

Freeman & Fuson understands how significant a traffic ticket or moving violation can be on the continued employment of a truck driver or other commercial driver, and we vigorously defend these types of matters.

Internet Defamation Case – Dismissed Against Client

It is not unusual for people to make negative comments about other individuals on the internet. In fact, individuals and companies are becoming more aggressive in their attacks on other individuals and entities on the internet. Freeman & Fuson understands how devastating a false accusation or false statement regarding an individual can be when it is communicated to hundreds if not thousands of individuals on the internet including potential customers. Freeman & Fuson handles not only the prosecution of those types of cases but also defends people that were wrongfully accused of making those types of statements.

Freeman & Fuson recently tried a case involving a client who was alleged to have accused the other party of theft on Facebook. After the matter was tried, the case was dismissed and our client was vindicated and found innocent.

There is a fine line between defaming or otherwise disparaging someone and simply offering an opinion. This line that separates the two is often clouded when people post things on the internet. One has to be very careful in rendering opinions that might impact someone’s livelihood and character.

Freeman & Fuson fights not only for those who believe they have been injured due to a false statement posted on the internet and those that have been falsely accused of doing that.

Breach of Contract – Client Found Not Liable

Freeman & Fuson represents clients who have been sued for breach of contract and those who have been injured due to someone else’s breach of a contract. Freeman & Fuson recently tried a case involving a property dispute. Our client had agreed to give a mobile home to someone as a gift in exchange for this individual doing some work on her property. There was no written agreement. When the individual failed to meet his obligations, our client refused to allow him to remove the mobile home from her property. As a result, the individual sued our client claiming that our client had breached the contract. The Court found in our client’s favor primarily due to the failure of the parties to enter into a written agreement.

Although contracts are entered each day on a simple handshake, a written contract is the more appropriate form to memorialize the agreement. Had these parties entered into a written contract, there would have been a better understanding of what was being offered and what was being accepted as well as what the terms of the agreement were.

Freeman & Fuson helps people draft written agreements when necessary. We also represent clients in court when a contract dispute arises.

DUI (5^th) – Reduced to Reckless Endangerment

Freeman and Fuson represent individuals charged with DUI. In this case, our client was charged with DUI (5^th). In Tennessee, a DUI (4 ^th) or greater is a Class E Felony and carries a possible sentence of one (1) year of jail time with a minimum of 150 consecutive days to be served. The mandatory fines for DUI (5^th) are a minimum $3,000 and a maximum of $15,000. License revocation for 5 years without a restricted license being available if convicted and your vehicle is subject to seizure/forfeit. Needless to say, the penalties are stiff if convicted. Hiring an experienced and dedicated lawyer to defend you against these serious charges is crucial to obtaining a favorable result.

Freeman and Fuson were able to get a settlement agreement worked out with the State of Tennessee wherein the client would enter a plea of 11/29 days for Reckless Endangerment. The client was required to serve 10 days in jail and fined $525.00.

Fed-Ex Delivery of 20 pounds of Marijuana – Results in 20 Days in Jail

Our firm has years of experience handling felony drug charges. This past month Joseph was able to obtain a fair settlement from a client charged with possessing a large amount of marijuana delivered via Fed-Ex. Our client was served with an “anticipatory” search warrant wherein the officer’s had obtained permission to enter the home and seize the marijuana prior to actually delivering the marijuana. As a result of their sting operation, our client’s home was raided and 20 pounds of marijuana still in the package was seized.

We were able to work out a deal where our client was only required to serve 20 days in jail and be on probation for 2 years. This occurred after several discussions with the district attorney, a preliminary hearing, discovery, and finally prior to the case being set for trial. Our client was able to keep his job and move forward with his life.

DUI (First Offense) – Reduced to Reckless Driving After Video Tells Story

Freeman & Fuson focus a large part of their criminal defense practice to defending individuals charged with DUI. Often times these are first offenses. DUI charges cannot be expunged from your record and therefore it is very important to keep a DUI from every going on your criminal record.

In a recent case, the client was stopped for DUI in a county known for heavily prosecuting DUI offenses. After reviewing the video and discussing the matter with the officer, Joseph was able to have the DUI (1^st) offense reduced to Reckless Driving. Although the client lost his license for one (1) year for violating the Implied Consent law, our office assisted him with getting a restricted license that allowed him to drive a vehicle for work six (6) days per week. Our client was pleased and hard work paid off.

DUI (1st) – Offense and Felony Evading Reduced to Reckless Endangerment With No Jail Time

In a county notorious for being tough on DUI cases, Defendant being represented by attorney Joseph Fuson received a reduced charge of Reckless Endangerment with no jail time and the felony evading arrest was dismissed. The State of Tennessee alleged that the defendant was driving under the influence of alcohol and attempted to evade arrest by failing to stop for the officer once the blue lights were turned on. Defendant maintained that he was not impaired by the alcohol he consumed that evening and that he did not realize the officer was behind him attempting to pull him over. By developing a defense to the case early on and exploring the defendant’s medical history, Joseph was able to reach a reasonable agreement with the State of Tennessee on the date that a trial date was going to be set by the court. Hard work paid off in this case and the client was extremely happy with the results.