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Anthony M. Avery

Anthony M. Avery

Criminal Defense, Real Estate & Probate Matters
  • Criminal Law, Real Estate Law, Probate ...
  • Tennessee
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Biography

Longtime member of the Tennessee Bar, with extensive Jury Trial experience. I am widely known for my expertise in Deeds,Titles and Boundary Disputes. In most Criminal matters prior to Trial, I conduct demanding Preliminary Hearings and present numerous Defenses including Motions To Suppress Evidence, Discovery against the State's Witnesses and Evidence, and Bar Prosecution As Violative of the Statute of Limitations. And in Probate matters, Court Administration or not is carefully examined prior to filing such. If Probate can be avoided, then other Title authorities and Property Transfer methods are pursued.

I am admitted to, and have actually practiced before, the Tennessee Supreme Court, Tennessee Court of Criminal Appeals, Tennessee Court of Appeals, United States Court of Appeals for the Sixth Circuit, United States District Court for the Eastern District of Tennessee and the United States Tax Court.

Unlike most attorneys and title companies, I am capable of drafting precise Deeds and Easements with new Legal Descriptions from one or more Survey plats, with comprehensive Derivation of Title clauses and Habendum clauses. And my Practice often involves Title Searches, Boundary Line Disputes, Deeds of any type, and Quiet Title Actions. My Estate Planning Practice includes Wills, Future Interest Conveyances, Trusts, and Probate Administration. Additionally I prosecute Will Contests and Land Partition Suits. In Criminal Defense Cases, my Clients do not hire me just to plead them Guilty to the original charges.

I am a Retired Field Artillery Officer with the TNARNG and USA. I executed Fire Missions with Cannons, MLRS Rockets or ATACM Missiles. As a Targeting Officer, I directed the employment of Q-37 and Q-36 Weapon Locating Radars. And I was a Nuclear Weapon Officer for 155 mm and 8 inch Artillery in the 2nd Armored Division. For my services in the Iraq War, I was awarded the Combat Action Badge.

Practice Areas
    Criminal Law
    Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
    Real Estate Law
    Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
    Probate
    Probate Administration, Probate Litigation, Will Contests
    DUI & DWI
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
    White Collar Crime
    Divorce
    Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
    Insurance Claims
    Bad Faith Insurance, Business Insurance, Disability Insurance, Health Insurance, Life Insurance, Motor Vehicle Insurance, Property Insurance
    Tax Law
    Business Taxes, Criminal Tax Litigation, Estate Tax Planning, Income Taxes, International Taxes, Payroll Taxes, Property Taxes, Sales Taxes, Tax Appeals, Tax Audits, Tax Planning
    Traffic Tickets
    Suspended License
    Appeals & Appellate
    Civil Appeals, Federal Appeals
    Landlord Tenant
    Evictions, Housing Discrimination, Landlord Rights, Rent Control, Tenants' Rights
Additional Practice Areas
  • Veteran's Disability
  • Firearms
  • Boundary/Title Disputes
  • Title Insurance Claims
  • Actions for Forced Partition Sale of Real Property
Fees
  • Free Consultation
  • Contingent Fees
  • Rates, Retainers and Additional Information
    Payment Plans with reasonable regular installments are encouraged
Jurisdictions Admitted to Practice
Tennessee
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United States Court of Appeals for the Sixth Circuit
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United States District Court for the Eastern District of Tennessee
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United States Tax Court
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Languages
  • English: Spoken, Written
Education
University of Memphis Cecil C. Humphreys School of Law
J.D. (1987)
University of Memphis Cecil C. Humphreys School of Law Logo
The Citadel
B.A. (1981)
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Professional Associations
National Rifle Association
Member
Current
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Veterans of Foreign Wars Post # 8779
Member
Current
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State Bar of Tennessee  # 012925
Licensed Attorney
- Current
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Speaking Engagements
Handling Real Estate Transactions: Surveys, Legal Descriptions and Deed Requirements, Knoxville, Tennessee
National Business Institute
Real Estate Law: Liens Against Real Property, Perfection and Enforcement, Knoxville, Tennessee
National Business Institute
Real Estate Law: Tennessee Title Law (Deeds; Estates; Derivation of Title; Defects; Easements; Litigation), Knoxville, Tennessee
National Business Institute
Certifications
Security Clearance
Defense Investigative Services
Legal Answers
3224 Questions Answered
Q. I did a private sale on my vehicle they haven't paid can I repossess it
A: Unless you put a Lien on the Title, a non-judicial repossession is out. Sue in General Sessions for the Debt, then possibly execute upon the car if a bank account is not available. If you still hold Title, then file an Action to Recover Personal Property, also in Sessions.
Q. Online sources state a TN homeowner has 30 days after foreclosure to vacate the home before the eviction process.
A: Not at all unless your foreclosed Deed of Trust has such a term, which is almost never. New owner may have to file a Detainer Warrant against you, serve/post it, get a Judgment for Possession, then have a Writ executed by the Sheriff if you do not get out in 10 days from Judgment. Usually takes at least 30 days or more to obtain possession.
Q. A charge in TN with aggravated criminal trrspassing how long can be sentenced for he's been in jail over 260 days
A: Either a Class B Misdemeanor 6 months or Class A Misdemeanor 11 months, 29 days. There may be other charges. Where is his lawyer? Call the Court Clerk and find out what he is convicted of or charged with.
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Contact & Map
Anthony M. Avery, Attorney
The Walnut Building
706 Walnut Street, #304
Knoxville, TN 37902
Telephone: (865) 637-3035
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