Anthony M. Avery
Criminal Defense, Real Estate & Probate Matters 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.
- Criminal Law
- Real Estate Law
- Probate
- DUI & DWI
- Estate Planning
- White Collar Crime
- Divorce
- Insurance Claims
- Tax Law
- Traffic Tickets
- Appeals & Appellate
- Landlord Tenant
- Veteran's Disability
- Firearms
- Boundary/Title Disputes
- Contingent Fees
- Rates, Retainers and Additional Information
Payment Plans with reasonable regular installments are encouraged
- Tennessee
- United States Court of Appeals for the Sixth Circuit
- United States District Court for the Eastern District of Tennessee
- United States Tax Court
- University of Memphis Cecil C. Humphreys School of Law
- J.D. (1987)
- The Citadel
- B.A. (1981)
- National Rifle Association
- Member
- Current
- Veterans of Foreign Wars Post # 8779
- Current
- State Bar of Tennessee # 012925
- Licensed Attorney
- - Current
- 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
- Security Clearance
- Defense Investigative Services
- Q. Hi I was pulled over early this morning for brake light and they told me to get it fixed and received a written warning.
- A: So what? The LEO performed his job very well and you conducted yourself very well. Do you have a question?
- Q. Can a landlord force a tenant to continue to pay rent on a month to month basis beyond the expiration of a lease?
- A: You signed the Lease Contract, which apparently has not been terminated. Read the Lease concerning termination/ default. If you quit paying, the landlord can sue you for the remaining agreed rent, and might add damages. But he might not be able to collect. Walking away might be the prudent thing to do. Hopefully there is no security deposit involved, which you would never receive.
- Q. Does the withdrawal of an NFTL from a particular property mean the property is free of the lien and have a clear title?
- A: No but it helps. There may be other liens, etc. A Fed Tax Lien needs to be released of record, both in the County of recording, and possibly other Counties. The Taxpayer may still have a Notice of Deficiency on him, or some other tax problem. A title search is necessary, and if there is a conveyance, the grantor should be thoroughly examined about obligations, suits, etc.
- Q. my husband has a judgement on him and im not listed what can happen to me?
- A: Very often the Creditor will find something that appears to be his and then levy on it. You must keep your money and taxes separate. They cannot take the refund, but once it is a check payable to either of you, or deposited, it is an asset available. You do not have that big of a problem if you are smart, including vehicles. Hire a competent attorney for a minimal fee for advice. File separate returns for the next several years.
- Q. I have a family member who I let stay in my house withou no lease signed. They have paid rent 1 time while living there.
- A: You have to file a Detainer Warrant on the adults. It must be served or posted. You go to Court and ask for possession only. If they do not leave 10 days after judgment, then you must get a Writ issued for the Sheriff to remove them.
- Q. My case has been sent over to the local Veterans Court. If approved, what can I expect? Can I get my charges dismissed?
- A: Veterans' Court is a great privilege, so consider yourself fortunate. Many Courts dismiss the charges upon completion of the entire Veteran protocol. It will involve doing things other Defendants do not have to worry with. Your lawyer should answer your questions, but the important thing is to perform all assigned tasks perfectly, do not get in trouble, and be very respectful to the Judge and DA.
- Q. I was placed on probation for 8 years. My crime was aggravated domestic assault
- A: You can file a Motion to Modify your Sentence to Unsupervised Probation for the remainder. You need all costs paid perfectly, and the PO or DA can oppose it if they want. These Motions are usually granted if not immediately, then later. I recommend you have a competent attorney file it and argue it.
- Q. 2 property’s sharing well, 1 property sales without being told they must share well. Are we bond to share well now?
- A: Have you performed a title search? Because of permissive use over time there may be a prescriptive use easement for the benefit of the other property, or you may be able to assert none exists. Be prepared to litigate by hiring a competent attorney to look into it. The burdening water use easement must be in your chain of title, not the other benefiting property title.
- Q. I got a speeding ticket and paid it but got 4 points added to my MVR is there any way I can get that removed?
- A: Evidently you pled guilty and paid the Citation. The DOS puts points against your MVR for the last year, and you are only allowed 11. If you get a Notice of Suspension from DOS, hire a competent attorney to get an admin hearing. You cannot remove MVR points.
