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Anthony Marvin Avery

Anthony Marvin 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.

Presently, I am a Field Artillery Targeting Officer in the Tennessee National Guard, currently directing the employment of a Q-37, Q-36 and four Q-50 Weapon Locating Radars for Counterfire Artillery Missions and Intelligence. I was awarded the Combat Action Badge for my services as a .50 Cal Machine Gunner and Crater Analyst in the Iraq War, and previously served as the Chief of Artillery Survey.

Practice Areas
  • Criminal Law
  • Real Estate Law
  • Probate
  • DUI & DWI
  • Landlord Tenant
  • Estate Planning
  • White Collar Crime
  • Divorce
  • Insurance Claims
  • Tax Law
  • Traffic Tickets
  • Appeals & Appellate
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
6th Circuit
United States Tax Court
Education
University of Memphis Cecil C. Humphreys School of Law
J.D. (1987)
The Citadel
B.A. (1981)
Professional Associations
National Rifle Association
Member
Current
Veterans of Foreign Wars Post # 8779
Current
State Bar of Tennessee # 012925
Licensed Attorney
- Current
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
Legal Answers
481 Questions Answered

Q. i was charged with simple possession but the police didnt weght it they guessed is there away to get out of it
A: The arresting officer usually does not weigh contraband. The TBI will provide a precisely weighed measurement in their Toxicology Report. You are fortunate as most drug arrests are felonies for possession with intent to sell. TBI/Chemist does not have to testify until you are Indicted at Circuit Court. Report is allowed into Evidence at General Sessions.
Q. How do I file an instance of a false report filed against me by a neighbor? I have a notarized affidavit as proof.
A: A lawyer would not help you anyway. You might complain to the Sheriff's Office but most LEO's are going to ignore you. The same goes with the DA's and Magistrates. I would recommend you get over it, as there is no way the neighbor will be prosecuted.
Q. Received a photo ticket from a city here in TN. Do I pay?
A: It is a Civil Claim for Debt, not a Criminal Charge. It is your choice, but it cannot go on your MVR, or put you in Jail. But Collectors can sue, hound you and execute any judgments against your property.
Q. Is this felony eligible for expungement in the state of TN?
A: Only a few Felonies, usually E Class, can be expunged after 5 years and only under certain sets of facts. I do not believe that particular Drug Crime is Expungeable. But you must examine his Judgment of Conviction. Sometimes there is a Diversion, then Dismissal. That would be subject to Expungement. You must hire a competent attorney to discern if it is Expungeable. The Friend can probably petition to vote at least.
Q. When your neighbor won't sign an enroachment because they are selling the house?
A: More than likely you and your predecessors in interest have Acquiesed to the neighbor's improvements being the actual Boundary. However if they will not agree to a new Boundary Line (drafted by a competent attorney) then you should file suit for Trespass Damages and to Enjoin Further Use of your real property. The neighbor's proper response is to deny trespass and counterclaim to Determine a Boundary. You better start talking to your predecessors in title to tack time without an encroachment, and you may wish to sue your Deed Grantors for Breach of Warranty of Title. Hire a competent attorney who will first conduct title searches of both parcels.
Q. I was in a pick up truck when this happened. Will it effect my class A CDL license?
A: You have not stated what happened. But any conviction of a Rule of the Road Violation will result in points against your MVR for the last twelve months.
Q. My landlord said I had to move in 30 days so she can renovate the house this is before my lease is up is that legal?
A: If you do not leave then the Landlord must file a Detainer Warrant, have you served or post it, get a Judgment for Possession, and then if you do not leave in 10 days, get a Writ of Possession to have the Sheriff physically remove you. At Court you can allege that no Breach of the Lease Contract has occurred, but I would not put much faith in your chances. The Landlord Tenant Act may control where you live, which you did not state, and that might give you some leverage if there is a Security Deposit.
Q. Took over my mother's house payment with an oral agreement that once paid for she would deed it to me. Do I have any ri
A: You have no legal rights concerning Title. She would have to file a Detainer Warrant to recover Possession. Someone might make an Equitable argument, but it would be weak at best.
Q. Can my mother in law sell my motorcycle that she gave me permission to store it there?
A: Probably not as the motorcycle has a Certificate of Title. But she might claim a Mechanic's Lien and after running a Notice, then apply for a new Title.
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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