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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
State Bar of Tennessee # 12925
Member
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
409 Questions Answered

Q. Just got my first ever speeding ticket.. should I go to court for it or just pay the fine?
A: Definitely go to Court on time, in proper clothing and act respectfully. You may be offered some type of Diversion such as a Class or Costs which will allow the Court to Dismiss or Reduce the Speeding Violation. Even if you are Convicted, it may not make it to your MVR.
Q. Friend's boyfriend was stopped then arrested.Police report is 80% incorrect.Can this be used as an advantage in defense?
A: The Boyfriend needs to hire a competent attorney. The reason for the Stop is very important, but it may have resulted from the Officer recognizing him as having no License. Prepare for the Preliminary Hearing on the real facts, but more importantly, he needs to get that License reinstated so he can bring it to Court. Unfortunately even if the Stop is bad, or the Warrant is dismissed for other reasons, the Court can just issue another from the Bench with the Officer's sworn testimony. Get the Driver's License reinstated now.
Q. I was given less than 2 weeks to move out due to no fault of my own. Do I have rights?
A: The only real rights you have deal with your possession. The Owner/Landlord must file a Detainer Warrant, have it served on you or posted, then conduct a Hearing. You might ask for a Continuance, but at that next Hearing, the Judge will grant him Possession, and you have another ten days to leave or Appeal. To actually remove you, Owner must get a Writ of Possession issued where the Sheriff physically removes you or you are a Trespasser.
Q. Can someone start staying at my house as my daughters guest against my wishes?
A: If you are the owner of the real property then you can file a Detainer Warrant at General Sessions Court. If you rent, then you may have to leave or call the Cops on the girlfriend when she gets out of line. If there are problems with your Daughter then you will need an Order of Protection against her, which should influence the Girlfriend to leave also.
Q. Unpaid speeding ticket from early 2010
A: You will need to hire an attorney to check with the Court Offices in the Counties near the Interstate Stop in 2010. You also need a TBI Background Check. All of this could be completed in about two weeks from when you obtain competent counsel.
Q. WHAT INFORMATION IS REQUIRED TO BE ON A SUMMONS TO COURT BY A LAW ENFORCEMENT OFFICER
A: Usually most applicable fill in blanks need to be annotated. But Officers make mistakes all the time and the Courts usually allow it. Even if you make a Motion to Dismiss, the Court can dismiss the Citation then have you stand there while the Court gets an Affidavit from the Officer to issue an Arrest Warrant. Then after some time in Jail, you go back to Court on the same Charge. Hire a competent attorney now.
Q. non disclosure of salvage title
A: Hopefully you have a Bill of Sale for needed information. You can sue the Seller for Fraud and Breach of Contract. But you will need some proof of the Salvage Title non-disclosure. You can also make a complaint against the Used Car Dealer with the State Regulatory Board against his Dealer's License and Surety Bond.
Q. Can a judge in criminal court release your car back to you
A: If there is no Notice of Seizure (and later Forfeiture) from the Seizing Agency in conjunction with a Department of Safety Forfeiture proceeding, then the Criminal Court probably has Jurisdiction to release a car that has been impounded by Law Enforcement. There are various scenarios however, and you have provided no facts. Even if the car contains evidence of a crime, the owner can move for possession after the investigation has been made. If the DA believes the car is needed for trial, he will so inform the Court. If a DOS Seizure has occurred, then only the TN Department of Safety and Homeland Security has Jurisdiction.
Q. Can a garnishment get more money than what was on the judgement? Like interest?
A: Money Judgments usually carry interest, Court Costs and fees due the Serving Officer. It can be very difficult to determine the exact amount owed at any certain time. Usually you can compute it for the end of a month, but neither the Courts nor the Judgment Creditor are bound by your computations. I would compute it myself based on the exact language in the Judgment through the end of a month, then call the Court Clerk and ask if that amount will satisfy the Judgment in full. If you really think the Judgment is paid, you can move the Court to Quash the Garnishment.
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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