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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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Summary

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
  • Real Estate Law
  • Probate
  • DUI & DWI
  • Estate Planning
  • White Collar Crime
  • Divorce
  • Insurance Claims
  • Tax Law
  • Traffic Tickets
  • Appeals & Appellate
  • Landlord Tenant
Additional Practice Areas
  • Veteran's Disability
  • Firearms
  • Boundary/Title Disputes
Fees
  • 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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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
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
848 Questions Answered

Q. My employer sent me an email telling me to report to a different office for my "new role" without any discussion
A: Unless you have an employment contract or government regulated job, the tasking communication to you can take any form. This is an employment at will State, and you can be terminated for any or no reason.
Q. Can a charge that was withheld adjudication be seen as a conviction on a employment background check
A: Background checks will show most any charges as pending or as a convictions, until they are dismissed and expunged. Once a charge hits the computers, there are at least 8 different databases that will contain the charge unless that record is successfully expunged. It is possible a good Florida lawyer can expunge that charge that has made it to the background databases.
Q. What happens if i fail to respond to notice of continued administration within the 30 days given??
A: You can be held in contempt of Court, or removed as Administrator. It is possible that some of the actions you have taken will be set aside.
Q. Will a citation in one county affect me in another county
A: It appears that you made a serious mistake and plead guilty without a competent lawyer. Now a new charge violates the latter convictions' probation. It is possible that the alcohol charge will make you serve a significant amount of the 11 month/29 day sentence. Hire a competent attorney immediately.
Q. Do local or county law officials handle the noncompliant parties regarding tn code or is it strictly a civil matter
A: It is doubtful you will obtain a criminal prosecution of anyone involved, although you can try as the victim. But normally your remedy is pretty much limited to suing the Towing Co. for Conversion. You may be able to do this yourself in General Sessions Court or you might hire an attorney. Most importantly you will have to put on proof of negligence here by the Defendant, which will be difficult. The Defendant is free to blame comparative negligence of third parties.
Q. In TN can an active duty Military member remain a Landlord if stationed overseas?
A: Absolutely. I personally did this for 2 1/2 years. As a landlord you may need someone else local to take payments, pay taxes, make rental repairs, etc. The local manager is the agent of the actual landlord. The agent can also prosecute a Detainer Warrant, which must be filed and served/posted. The Courts are usually very supportive of the Military, but you still must meet your legal responsibilities. The telephone and mail can handle alot of problems.
Q. I got a ticket for 67 in a 45 my first offense. Is it better to go to court or just pay the fine.
A: If at all possible go to Court. The Judge may allow you to go to driving school or pay costs or even dismiss it. The worst thing is to be found guilty and pay the same amount as if you sent it to the Clerk. Those points will go on your MVR and might just raise your insurance. You might even hire an attorney, but 22 over is not that bad. Dress appropriately and act with respect.
Q. Can a lawful conceal carry permit holder carry their firearm loaded?
A: In Tennessee we have "Handgun Carry Permits", not concealed carry permits. But yes, you can carry your weapon loaded with ammunition, including in the chamber, as long as you have a Handgun Carry Permit. Possession of the weapon can be open or concealed. The possible issue has to do with carrying long firearms, which most HCP holders also carry loaded in their vehicles. To my knowledge there has not been a problem. If your HCP is not current, carry the unloaded firearm separate from all ammunition, preferably locked in the trunk.
Q. I live in tennessee and i owe back child support. i was told that as long as i sent 10$ a month id stay out of jail
A: More than likely, the Child Support Referee will incarcerate you. You are probably ordered to pay what an Order says, which is what you need to read and obey. If you know about arrearages, then you probably are aware of what you are supposed to do. There is no way $10 a month will keep you out of jail.
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Contact & Map
Anthony M. Avery, Attorney
The Walnut Building
706 Walnut Street, #304
Knoxville, TN 37902
USA
Telephone: (865) 637-3035