Bowe & Associates, PLLC

Vehicle Seizure and Forfeiture

Fri, 22 Apr 2022 16:28:03 GMT

Vehicle Seizure or Vehicle Forfeiture?

If your vehicle has been seized, there are rules and procedures of which you need to be aware including whether the seizing agency may use your vehicle. seizure and use of seized vehicles as well as agency limitations on the use of vehicles set by Tennessee statutory authority.

Specifically, Tennessee law provides for civil asset seizure and forfeiture. In the context of civil asset forfeiture, when a POST certified officer seizes, for example, a personal vehicle, the agency, county, or municipality may use the vehicle for a period not to exceed one (1) year. T.C.A. 55-11-211(b)(2)(A).

However, vehicles forfeited under T.C.A. 40-33-201 identifying specific offenses in which such vehicle was used such as arson; disposition of controlled substances related to property; for DUI's (particularly multiple offenses within five (5) years of the offense for which seizure occurred); DWLCSR; contraband,- intoxicating liquors; beverages sold by unlicensed persons; property considered contraband including, but not limited to tobacco products for which taxes have not been paid; and farm equipment, appliance, or firearm offense. Vehicles seized for these offenses, among others, may be used for a period not to exceed five (5) years. T.C.A. 53-11-201(b)(2)(C).

The procedure and process for forfeiture must be followed and culminate in a declaration of forfeiture by the State of Tennessee and such seized vehicles used with the permission of the Commissioner of General Safety and General Services of the State of Tennessee.

Small Business Owners and the Government

Fri, 18 Mar 2022 19:06:22 GMT

Navigating SBA and the Federal Government

It is imperative that Small Business Owners desiring to contract with the Federal Government be aware of Small Business Contracting rules, regulations, and compliance issues.

A comprehensive review of SBA regulations, rules, and compliance standards compiled by the Congressional Research Service is quite helpful in preparing to contract with the United States. See: https://sgp.fas.org/crs/misc/R45576.pdf .

Anticipating problems is often as good as avoiding problems from the outset in contracting with the United States. When problems arise, they often include, among other things, civil litigation including penalties for violating SBA Rules and Regulations. Problems can be as simple as failing to qualify as a recipient under the SBA Rules and Regulations or as complicated as billing anomalies which create claims of defrauding the United States Government.

Obviously, these issues may also include certain criminal claims. Candidly, having an attorney versed in both SBA civil contracting and SBA’s criminal statutory claims allows you to rest assured that your defense against any claims brought by the United States is appropriately addressed.

Our firm advocates for small business clients in contracting and criminal matters. Contact us to discuss any issue you believe you may have.

QDRO's and Child Support

Mon, 21 Feb 2022 22:03:32 GMT

QDRO's may be used to pay Child Support and/or Child Support Arrears

Failure to pay court-ordered support happens quite regularly. Few people — including most divorce lawyers — realize that retirement plans can be used to pay child support and alimony.

Divorce lawyers, generally familiar with the need for a QDRO to divide retirement plans, However, most are misinformed and fail to realize that QDROs may be used to provide child support (or spousal support), particularly when it is past due. The truth is that QDROs are available for child and spousal support payments.

When finalizing divorce documents, lawyers must be certain that every source of funds has been included. This also means including QDRO’s. Even if the obligor parent has lost his or her job, retirement funds may be used to make support payments. This is true for both 401(k) plans and traditional pension plans — even if the employee is too young to be eligible to receive payments.

Most child enforcement agencies are in the dark about this mechanism for obtaining support payments. QDROs can be a powerful tool for prying support payments out of a hostile, non-compliant Deadbeat Donald, or Desiree. Upon entry of a properly formatted QDRO subsequently submitted to the employer (or former employer), there is nothing that Deadbeat Donald or Desiree can do to stop the support payments from coming out of their retirement plan. Quitting a job, moving out of state, declaring bankruptcy — none of these will defeat the QDRO.

Coincidentally, QDROs come in handy for someone who does not intend to avoid paying support, but life and its circumstances have created hard times leaving the obligor parent unable to make support payments. Former spouses who want to pay what is owed may gratefully consent to a QDRO for past-due alimony or child support, since funds to pay their support are otherwise unavailable. Entering a child support QDRO for the arrearage may eliminate court proceedings, stop the late payment penalties from multiplying, and allow the obligor to remain free from incarceration. And, of course, it provides their children with the support awarded for their care.

QDROs can even be used in some circumstances for support payments even before there is an arrearage — they can be set up as the mechanism by which support will be paid going forward.

This potential source of funds becomes an important consideration. Contact Bowe & Associates, PLLC to address using QDRO’s to help secure support or arrears payments.

Divorce Considerations - Parent's Mental Health

Sun, 13 Feb 2022 22:29:15 GMT

A Parent's mental or emotional health is a relevant custody factor.

A parent’s emotional health is relevant to every custody and parenting time case. Judges assess each parent's mental health and ability to provide a child a safe and stable environment. The Judge’s intention is to factually identify a parenting arrangement that best serves the child's needs.

For example, a Tennessee higher court reversed a trial court's decision to award joint custody to a mentally ill father. The father suffered from major mental health issues, including panic disorder, obsessive-compulsive disorder, irrational fears, and extreme anxiety issues. The trial court determined that awarding custody to the father was not in the child's best interests, because his mental illness negatively impacted the child. Specifically, the father's phobias prevented him from taking his daughter on vacations, and he constantly searched the daughter's backpack and lunch box. See, Mental Health Issues in Divorce in Tennessee ( https://www.divorcenet.com/resources/mental-health-issues-and-divorce-tennessee.html )

Emotional health also relates to various abuses of substances (legal and illegal). In Tennessee, a parent's drug or alcohol abuse can also affect custody. Habitual drunkenness or substance abuse can render a parent incapable of properly caring for a child. As a result, courts place limits on a parent's parenting time until that parent can ensure a child's safety. This may be through demonstrated emotional stability, drug free pot rehabilitation status, alcohol free and sobriety support, or addiction mental health treatment. In some cases, a court will order supervised parenting, which means the parent can only parent the child while a third party (a friend, grandparent, or social worker) is supervising to make sure the child is not in any danger.

Mental, emotional health and addiction are serious issues. Our firm can assist you in navigating these issues in your divorce, custody or modification proceeding. We provide you with resources, and fight for your rights in your divorce proceeding. Preserving a parental relationship is not destroyed by past conduct. Ensuring a future and that child’s relationship with you is important. Bowe and Associates, PLLC will fight for that future with you. Schedule a consult today if you need help or have questions.

Factors in Deciding Custody

Mon, 31 Jan 2022 21:31:14 GMT

Five Important Factors in Deciding Custody

Courts consider many factors in deciding custody - here are five important factors:

The age of the child. Courts consider best interest of child evaluating numerous factors which reveal maturity at certain developmental stages
The relationship between the child and each parent. Courts weight strong attachments between child and parent in determining schedule
Where the child’s siblings live. Courts prefer keeping children together but may consider preference of age appropriate and mature child.
The mental and physical well-being of the parents. Courts may consider: information from psychologists or physicians; drug or alcohol addictions; nonmarital relationships; and nonmarital sexual relationships.
The parents’ caretaking capacity. Courts consider the parents ability to follow the parenting plan; support from family and others; and child's best interests if parent's employment prevents a healthy schedule for the child.

Our firm will walk you through the custody modification process. We are here to serve you.

Mediation for Resolutions

Mon, 01 Feb 2021 19:09:00 GMT

Mediation is a form of Alternative Dispute Resolution (ADR). The Tennessee Administrative Office of the Courts certifies and regulates Mediators and lists Rule 31 Mediators authorized to conduct mediations.

Mediation is a process whereby the Mediator sits the parties down to discuss and narrow the issues in an effort to bring the parties to an acceptable compromise. Mediation is far less costly than expensive, protracted litigation. Additionally, mediation often eliminates traditional ‘mud-slinging’ associated with courtrooms, trials, and the litigation process. This often reduces tension and tempers, facilitating a productive and reasonable dialogue designed to uncover resolutions which otherwise would have remained unconsidered in the litigation process.

A Mediator is not a judge or arbitrator so no binding decisions can be made by the mediator. Mediators are intermediaries present only to assist in guiding parties through the thought process of resolution. Compromise and participating in good faith is the operative word. Mediators go back and forth between the parties in an effort to help them reach a compromise. If an agreement is reached (a mutual compromise) it is reduced to writing, executed by the parties, and presented to the court for approval.

Our Mediation services help successfully resolve conflict. The Firm uses advanced virtual software designed specifically for mediation to ensure ease of use and confidentiality.

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Constitutional Protections

Tue, 28 Feb 2017 22:42:00 GMT

Every member of Bowe & Associates, PLLC firmly believes in the core principles of our Country and the United States Constitution, that is:

. . . “that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.” Declaration of Independence, July 4, 1776.

Consequently, we disagree that solely because of your status as an immigrant you are entitled to less protections, fewer procedural due process protections, and a speedy return home.

We will protect your interests and help you in any effort to remain in the United States pursuant to rule of law and constitutional regulations.

Curtis L. Bowe, III, Esq.

FOR THE FIRM

Cada miembro de Bowe & Associates, PLLC cree firmemente en los principios fundamentales de nuestro país y la Constitución de los Estados Unidos, es decir,

. . . “Que todos los hombres son creados iguales, que son dotados por su Creador con ciertos Derechos inalienables, entre los cuales están la Vida, la Libertad y la búsqueda de la Felicidad. – Que para asegurar estos derechos, los gobiernos se instituyen entre los hombres, derivando sus justos poderes del consentimiento de los gobernados, – Que cada vez que cualquier forma de gobierno se convierte en destructivo de estos fines, es el derecho del pueblo a alterar o suprimirlo , E instituir un nuevo Gobierno, basándose en tales principios y organizando sus poderes en la forma que les parezca más probable que afecte su Seguridad y Felicidad. La prudencia, en efecto, dictará que los gobiernos establecidos desde hace mucho tiempo no deben ser cambiados por causas leves y transitorias; Y por consiguiente toda la experiencia ha demostrado que la humanidad está más dispuesta a sufrir, mientras que los males son sufribles que corregirse aboliendo las formas a las que están acostumbrados. Pero cuando una larga serie de abusos y usurpaciones, persiguiendo invariablemente el mismo Objeto, evidencia un diseño para reducirlos bajo el Despotismo absoluto, es su derecho, es su deber, deshacerse de tal Gobierno y proporcionar nuevas Guardias para su futura seguridad Declaración de Independencia, 4 de julio de 1776.

En consecuencia, no estamos de acuerdo en que únicamente por su condición de inmigrante usted tiene derecho a menos protecciones, menos protecciones procesales de proceso debido y un regreso rápido a su hogar.

Protegeremos sus intereses y le ayudaremos en cualquier esfuerzo por permanecer en los Estados Unidos de acuerdo con el estado de derecho y los reglamentos constitucionales.

Hablamos español y francés

Curtis L. Bowe, III, Esq.

FOR THE FIRM

https://www.archives.gov/founding-docs

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Hamilton County Criminal Court Procedure 101

Tue, 16 Aug 2016 20:12:00 GMT

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Maximus Class Action

Fri, 12 Aug 2016 18:31:00 GMT

If you have been the victim of a petition by Maximus claiming that you owe the State of Tennessee for medical or health care insurance premiums and the same petition claims that the State is seeking arrears in child support, contact us as your rights may have been violated.

If you have never received notice of a court hearing in which Maximus has claimed you are in contempt for failure to pay support and your license was taken and/or you were placed in jail, contact us as your rights may have been violated.

Call Bowe & Associates, PLLC at (423) 475-6070 to confirm whether you may be eligible to participate in a lawsuit against Maximus.

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Tennessee Fetal Assault Bill

Wed, 23 Mar 2016 19:58:00 GMT

House Bill 1660, the law that criminalizes women who give birth to drug dependent babies will sunset July 1. An amendment to extend the law failed to pass in a Criminal Justice Subcommittee. The fetal assault law criminalizes mothers who use illegal narcotic drugs while pregnant and do not seek treatment.

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Attack in Brussels

Tue, 22 Mar 2016 16:14:00 GMT

We offer our deepest condolences to the people of Brussels who were the target of another cowardly attack on innocent civilians.

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