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.

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
  • 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
Legal Answers
803 Questions Answered

Q. A friend of mine has been given the run around over a felony charge before 2013, with state probation...see below plez
A: Your Friend needs to hire a competent attorney to investigate the Judgment of Conviction. Then start adding up jail time and probation. He can probably at least get unsupervised probation for the remainder of whatever the Sentence is. Again hire a lawyer.
Q. How long can a misdemeanor case stay open in court?
A: The SOL applies only to the institution of the charge. So it can stay pending forever. You need a competent attorney to make a Motion To Dismiss.
Q. TN code 39-17-305 is disorderly conduct, why does this charge prevent me from purchasing firearms?
A: I do not know your exact situation, but I have some advice. Hire a competent attorney to first get certified copies of any and all criminal convictions that you have. Also any charges which were brought but did not become convictions need to be examined, as they are just as bad for background check purposes. What can be expunged needs to be expunged. What cannot needs to be examined as to whether it is actually a firearm disability. Just because someone cannot pass an instant background check does not mean you have a firearm disability per se. That is sometimes you can possess arms and ammunition, but still not pass the check. Be prepared to spend money and some time. It appears that you were probably not careful how you dealt with some charge in the past, and it has come back to hurt you. If you have a permanent problem, now is the time to find out for sure, because I do not think you paid enough attention earlier.
Q. can you get an eviction notice if you paid half your rent?
A: Absolutely. That is a breach of the lease contract.
Q. Can I get an Agreed Divorce in TN with no lawyer, if I own a home only in my name and my husband does NOT want it?
A: I do not know where you are getting any of those "requirements", as they are not law. But the Husband could be entitled to an equitable portion of any appreciation in value of the improved real property. You might ask him for a Quit Claim Deed now, prior to filing Divorce, of any interest he might have, even though he has no record title ownership. It is almost always better to hire an attorney to represent you, and push through this uncontested, Irreconcilable Divorce.
Q. Teen daughter got a ticket for speeding in school zone. The lights wasn’t flashing & wasn’t time for school to dismiss.
A: The Daughter might hire an attorney, or might represent herself. She needs to be very polite, and try to explain what happened to the Prosecutor or Judge. But it is very likely she will be found guilty, and the Appeal is De Novo to Circuit, that is not cheap or easy. The Officer will certainly argue his justification and is a credible witness.
Q. What if you receive a parking citation via mail from a city 3 hours away, but you were not in that city on that day?
A: Parking Tickets are not Moving Violations of the Rules of the Road. Usually City/County Ordinance or Code violations. That is non-criminal. You can go to Court and contest, or forget about it. It will not generate points but might affect your credit score. I fail to see how this could affect any job.
Q. A civil warrant notice was on my door...to call sheriff office. For my son in rehab what do I do? He hasn't lived here
A: You may want to check with the Sessions Court and see what the suit is about. And you might call the Deputy and inform him that the Defendant does not live there. But I would not lie to the Deputy, and if they have to reissue Process, so be it. You could just not do anything, and your Son might get a Default Judgment against him. His recovery is not a consideration for the Court.
Q. A marriage of less than two years is alimony pendent lite difficult to get?
A: Both temporary and permanent alimony are probably not possible for either party from the Judge. However the parties might agree to it, which would be enforceable by the Court.
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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