Mogy Law Firm Memphis Criminal Defense Lawyer | Personal Injury Attorney 2026-06-03T13:18:44Z https://www.mogylaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1602370/2021/04/cropped-MogyLawFirm_SITEICON_512x512_APR21-32x32.jpg On Behalf of Mogy Law Firm <![CDATA[How to handle vehicle damages after a crash?]]> https://www.mogylaw.com/?p=50771 2026-06-03T13:18:44Z 2026-06-03T13:18:44Z The double battle after a crash After a wreck, you usually face two separate problems:
  • Injuries and medical bills
  • Damaged or totaled vehicle
Unfortunately, most large firms handle only the injury claim. As a result, you face the property damage on your own. That means you must talk to insurance adjusters, arrange towing, choose a repair shop and find a rental car. At the same time, you may feel hurt, stressed and overwhelmed. For non-citizens, this situation can feel even more stressful. You might worry that an insurance claim involves court or could affect your residency status. But property damage claims usually end through settlements. In other words, you do not need to step inside a courtroom to repair or replace your car. Also, U.S. civil laws protect your property rights no matter your citizenship status.

Immediate problems involving your vehicle

While you are trying to mend your body, your vehicle issues cannot just wait. Everyday without a solution can cost you more money. For example:
  • Your car is sitting somewhere in the crash site waiting to be towed
  • Storage is not free with the fees rising every day
  • Without any mode of transportation you are left to spend more to get to work and to medical appointments
Having experienced attorney that can step in quickly and manage these urgent tasks makes healing your primary focus.

How insurance companies may undervalue your vehicle

When a car has major damage insurance adjusters often try to pay as little as possible. They may use their own appraisers and those appraisers can miss hidden damage. In Tennessee, state law controls how insurance companies oversee repairs and “total loss” decisions. A vehicle becomes a total loss if repair costs hit the 75% threshold. Insurance companies should base ACV on local market prices, not on what you originally paid. In addition, the rules help protect you from low-quality repairs. Insurers can use aftermarket parts but must list them clearly on your written estimate. Also, any replacement parts listed on an estimate must match the original parts in fit, quality and safety.

What you deserve in your case

When one attorney manages everything, you face less stress and fewer delays. Having a dedicated lawyer can:
  • Help you get a rental car for temporary use
  • Push for fair repair costs
  • Fight for a fair payout
  • Function as your spokesperson and take over calls, emails and paperwork which is especially beneficial for you if language makes communication difficult
Most importantly, your immigration status does not block you from recovering what you deserve for your property damage.]]> On Behalf of Mogy Law Firm <![CDATA[Can a first-time drug charge be reduced in Tennessee?]]> https://www.mogylaw.com/?p=50770 2026-02-28T08:19:35Z 2026-02-28T08:19:35Z A first-time drug charge can hurt your record, job options and schooling. In some cases, Tennessee law gives you ways to reduce or dismiss the charge.

How Tennessee handles first-time drug offenses

Prosecutors usually charge simple possession as a Class A misdemeanor. If the court convicts you, the judge can sentence you to up to 11 months and 29 days in jail and fine you up to $2,500. If police accuse you of intent to sell or find a larger amount, prosecutors may file a felony charge. Prosecutors look at several facts when they decide how to handle your case:
  • Type of substance: Some drugs bring tougher penalties under state law.
  • Amount involved: A larger amount can suggest more than personal use.
  • Location of arrest: An arrest near a school can increase penalties.
  • Prior record: A clean record can support probation or diversion.
These factors can influence whether a reduction is possible.

Defenses that may lead to dismissal

An arrest does not equal a conviction. The prosecutor must prove that you knowingly possessed the drug and that police followed the law when they found it. You and your attorney may challenge the case by arguing:
  • Unlawful search: Police searched you without a warrant or probable cause.
  • Lack of possession: You did not know about the drugs or control them.
  • Chain of custody errors: Officers mishandled the evidence.
  • Insufficient proof: The state lacks strong lab results or clear identification.
If key evidence is excluded, prosecutors may reduce or dismiss the charge.

Judicial diversion for eligible offenders

Tennessee permits judicial diversion under Tennessee Code § 40-35-313. This statute allows certain first-time offenders to plead guilty without a judgment of conviction being entered. Judicial diversion generally includes:
  • Deferred judgment: The judge does not enter a conviction.
  • Probation conditions: You complete testing, treatment or other court orders.
  • Dismissal and expungement: The court dismisses the charge if you complete probation.
You may qualify if you have no prior felony or Class A misdemeanor convictions. Diversion can help you avoid a permanent conviction on your record.

Why speaking with a defense attorney matters

Early decisions in a drug case can shape the outcome. A criminal defense attorney can review the evidence, identify constitutional issues and determine whether diversion or charge reduction may apply.]]> On Behalf of Mogy Law Firm <![CDATA[How soon could a DUI lead to license suspension?]]> https://www.mogylaw.com/?p=50768 2025-12-04T09:27:53Z 2025-12-04T09:19:52Z Facing a driving under the influence (DUI) arrest in Tennessee can feel overwhelming, and the legal issues are only part of the challenge. The state treats driving as a privilege, not a right, so authorities could suspend your license soon after your arrest. Understanding how the process generally works can help you make choices that protect your ability to drive.

How quickly can your license be affected?

Tennessee uses an administrative process that can begin shortly after your arrest. If a police officer records a blood or breath test above the legal limit or if you decline testing, the state might suspend your license quickly. Your court case and your license status often move on separate tracks, so one could progress faster than the other.

What could trigger a quick suspension?

Several actions might lead to an almost immediate license suspension. Refusing a breathalyzer or blood test allows the state to act under the implied consent law. Testing above the legal blood alcohol limit can also prompt review and possible suspension, even if you eventually complete the test. In many cases, the officer will take your license at the scene and give you a temporary paper permit valid for only a few days while the administrative process continues.

How long might a suspension last?

For a first-time DUI conviction in Tennessee, the standard penalty usually involves a one-year license revocation, starting on the day the court imposes the sentence. While the one-year period generally applies, you might qualify for a restricted license that allows you to drive for essential needs, such as work or school, often by installing a special device in your vehicle. Different factors can affect the suspension and conditions for driving legally:
  • Standard first offense: You may lose your full license for one year and might need to install an ignition interlock device (IID), a breathalyzer connected to your car that prevents it from starting if it detects alcohol.
  • High blood alcohol level: A first-time blood alcohol content (BAC) of 0.15% or higher may result in enhanced penalties, including a possible requirement to use an IID for at least one year to drive legally.
  • Refusing a test: Declining a breath or blood test may lead to a full one-year suspension, though you could still apply for a restricted license, often with an IID requirement.
These factors illustrate how the suspension length and conditions can vary depending on your situation.

Can you still drive while suspended?

You might qualify for a restricted license, sometimes called a hardship license, which allows driving for essential needs such as work, school or medical appointments. In some situations, using an ignition interlock device or taking other approved steps could help you continue driving legally. Eligibility generally depends on factors such as proof of insurance, other active suspensions and how necessary driving is.

Stay informed and consider your options

A DUI arrest in Tennessee can put your driving privileges at risk quickly. Refusing a test or testing above the legal limit might trigger fast license action, even before a court resolves your case. Knowing the process can help you make informed legal choices while protecting your mobility and daily life.]]> On Behalf of Mogy Law Firm <![CDATA[3 tips to remember when collecting evidence after a car accident]]> https://www.mogylaw.com/?p=50767 2025-09-09T07:36:47Z 2025-09-09T07:36:47Z Collect as much evidence as you can Gathering evidence helps you build a record of what happened. These documents can help show if another party was responsible for the incident and demonstrate the severity of your injuries and damages. When collecting evidence, see if you can secure the following:
  • Photos and videos: Capture and record the accident scene, your injuries and any property damage.
  • Personal details of parties involved: Obtain the full names, phone numbers, driver’s license numbers and insurance details of everyone connected to the incident.
  • Vehicle information: Acquire the plate numbers, model names and year of production of all vehicles.
  • Police reports: Secure a copy of the police’s incident report to gain a written record of the accident.
  • Medical records: See a doctor promptly to receive official documentation of your injury and its prognosis.
  • Witness contact information: Collect the names and contact details of eyewitnesses near the area during the time of the accident.
  • Surveillance footage: Secure footage recorded using dash or property cameras, if available.
A diverse collection of evidence can clearly display how the accident occurred and how it has affected you. As a result, you can potentially build a stronger case for seeking compensation.

Preserve evidence and produce copies

After collecting relevant proof, maintain their original form by keeping them in a safe place. Avoid altering any details, as doing so could invalidate the legitimacy of your evidence. Additionally, you might want to produce copies of your evidence to serve as a backup when possible. Create digital and paper copies that you can store in hard drives and filing cabinets.

Follow the statute of limitations for personal injury claims

In Tennessee, injured parties must file personal injury claims within one year of the day the incident happened. Following this is necessary to avoid rejections or dismissals from the court. Moreover, if you file too late, the other party may petition for a motion to dismiss your claim.

Overcoming difficulties after a tragedy

The impacts of a car accident can leave you suffering from injuries and emotional distress that limit your movement. As a result, collecting evidence can be difficult to accomplish, putting you at risk of going beyond the statute of limitations. A personal injury attorney can provide guidance for seeking compensation while adhering to legal requirements.]]> On Behalf of Mogy Law Firm <![CDATA[3 types of evidence that may support drunk driving claims]]> https://www.mogylaw.com/?p=50766 2025-06-13T12:39:31Z 2025-06-13T12:39:31Z Footage of questionable driving Showing that a driver demonstrated impaired ability can justify drunk driving charges. Frequently, police officers follow motorists for a while before initiating a traffic stop. They may record dashboard camera footage of the driver swerving or otherwise driving in an unsafe manner. If the driver does something particularly concerning, such as driving off onto the shoulder or crossing the center line, the officer may immediately turn on their lights and pull the driver over with the intent of potentially arresting them.

Field sobriety test results

Once a driver has pulled over for an officer, they typically have to identify themselves. Officers may ask them a few questions about whether they have had anything to drink. After the driver answers, the officer may ask them to submit to field sobriety testing. They have the driver perform a series of physical tasks that can help validate the officer's suspicion of alcohol intoxication. Video footage of field sobriety test performance can be a key form of evidence in a drunk driving case.

Chemical test results

Once officers have probable cause to believe that drunk driving occurred, they can arrest a driver. After initiating the arrest, they may conduct a chemical test. Roadside breath testing is a fast way to gauge a driver's intoxication. That being said, false positives are common, as are artificially high readings due to a broad range of different issues. Drivers arrested for alleged alcohol intoxication on the road may need help evaluating the state's case and developing a criminal defense strategy. Understanding the types of evidence that police officers collect can help people as they consider their options for mounting a defense against drunk driving allegations.]]> On Behalf of Mogy Law Firm <![CDATA[Are truck accidents more dangerous than car crashes?]]> https://www.mogylaw.com/?p=50765 2025-03-07T17:25:17Z 2025-03-07T17:25:17Z Understanding the scale Large trucks often weigh 20 to 30 times more than passenger vehicles and present significant challenges on the road. Their size and weight contribute to longer stopping distances, particularly on slippery roads, and increase the likelihood of severe outcomes in collisions. In 2022, nearly 4,764 people died in crashes involving large trucks. Most of these fatalities were passenger vehicle occupants, highlighting the potential danger trucks pose to smaller vehicles. While trucks account for a sizable portion of road travel, their crash rates per mile traveled are often lower than those for passenger vehicles. However, due to their oversized dimensions, the consequences can be more severe when accidents do occur.

Factors contributing to truck accident risks

When trying to prevent accidents, it is essential to understand what makes them more likely to happen. Truck accidents differ from car crashes because of the unique challenges trucks face on the road. Let’s look at what makes truck accidents particularly risky:
  1. Underride crashes: Trucks are taller than cars, which can cause smaller vehicles to slide underneath them during a crash. This can be very deadly.
  2. Braking and equipment issues: Trucks need more space to stop than cars. If their brakes are not well-maintained, the chance of an accident increases. Trucks with faulty brakes are more likely to crash.
  3. Driver fatigue: Truck drivers often work long hours, which can make them tired. Tired drivers are more likely to get into accidents. There are rules to limit how long they can drive, but sometimes, these rules are not followed.
Truck accidents are riskier than car crashes because of the size and challenges of these vehicles. Even though trucks might crash less often per mile, the accidents are usually more severe. Fortunately, better safety measures, technology, and rules can help lower the risks and make roads safer. Remember to stay alert and informed, whether driving a car or sharing the road with trucks. Your safety depends on it.]]> On Behalf of Mogy Law Firm <![CDATA[How to act at a DUI stop]]> https://www.mogylaw.com/?p=50762 2024-12-23T17:10:49Z 2024-12-23T17:08:13Z Pull over safely Never try to outrun the cops. When you see the officer’s flashing lights in your rearview mirror, pull over into a safe place. Be ready to give the officer your name and show your identification and registration. One of the most important things to remember is your right to remain silent. You do not need to give the officer any information other than your name and any other identifying information they ask for. The police officers will almost always ask if you have been drinking. Never admit to drinking any amount of alcohol. Many people believe that if they say they have had “a couple beers” or “one glass of wine” they can avoid being arrested for DUI. However, your answer to this question will be used against you. Most police officers expect a driver who has been drinking to give these types of evasive answers. Admitting that you had any amount of alcohol gives the police the evidence they need to conduct a more thorough DUI investigation. Say no to the question.

Do not be rude or aggressive

Always be polite and respectful to the police officers, even if they ask you the same questions repeatedly or act rude to you. Officers will sometimes repeat questions to see if you give inconsistent answers. Even if you do not give any information, the officers may ask you to get out of your vehicle and perform field sobriety tests. Field sobriety tests are a series of activities designed to check for signs of impairment by testing your balance, coordination and memory. You may be asked to follow a beam of light with your eyes, walk heel-to-toe for nine steps forwards and backwards or balance on one leg. You are under no legal obligation to perform these tests. Many drivers are arrested for DUI because failed field sobriety tests give officers the probable cause they need to make the arrest. The problem is that field sobriety tests are an unreliable indicator of impairment. It is common for drivers to fail the tests only because they are nervous. Drivers typically submit to the tests because they feel that they must. Remember your right to refuse. Simply say no and continue to be polite and respectful.

How to handle chemical tests

This is not the case when it comes to chemical tests, such as blood or breath tests. You may face legal penalties for refusing a chemical test, such as the immediate loss of your driver’s license. If you find yourself arrested for DUI, it is best to take immediate action. A DUI conviction comes with many consequences, most of which you cannot afford. There are potential defenses to DUI charges that may be available to you.]]> On Behalf of Mogy Law Firm <![CDATA[Four ways to get the most money out of your car accident case]]> https://www.mogylaw.com/?p=50761 2024-09-09T21:26:10Z 2024-09-18T20:03:23Z car accident case. Here are some of the most effective strategies that you should consider implementing in yours:
  • Retaining all bills and receipts: This might sound obvious, but many car accident victims miss out on compensation because they fail to carefully document the expenses related to their recovery and retain evidence of those costs. So, as you spend money, think about it if it’s tied to your wreck. If it is, even tangentially so, record it and keep any receipts, invoices, or bills related to it.
  • Seeking treatment: While you definitely need to seek out medical care immediately after your accident, be sure to follow your doctor’s recommendations and secure any follow up care they think is needed. Also, if you start experiencing new symptoms, even minor ones, contact your medical provider. These symptoms could be a sign of something more severe, and you want to be able to show that you’re addressing it so that your losses regarding that specific injury become compensable.
  • Documenting the impact: Your accident injuries are bound to have a significant impact on your daily life. Any lost enjoyment and pain and suffering you experience can be compensable in your case. These losses are subjective in nature, though, which is why it’s critical that you detail how your injuries have negatively impacted your life. This will create an emotionally charged picture for the jury in your case, which could increase your chances of recovering the compensation you want and need.
  • Knowing the strength of your case: Most car accident personal injury cases resolve through settlement. To get the most out of yours, you have to have a command of the facts so that you know how aggressively you can push the other side toward the outcome that you want. If your case has weaknesses, then thorough preparation will ready you to counter the defense’s attacks and give you a better perspective on when it’s right to settle.

Fight for the compensation you deserve

A poorly handled personal injury case can leave you struggling to make ends meet and find a way to regain your health. You don’t want the pain, stress, and uncertainty associated with that kind of outcome. That’s why it’s imperative that you work to build a thorough and an aggressive case that puts you on course to securing the financial resources needed to reclaim your life.]]> On Behalf of Mogy Law Firm <![CDATA[Six reasons not to talk to the police when under investigation]]> https://www.mogylaw.com/?p=50760 2024-06-10T19:18:08Z 2024-06-17T19:16:22Z
  • The police aren’t there to help you: Investigators aren’t out to help you clear your name. They’re on the job to gather evidence and obtain a conviction. So, if they’re investigating you for criminal wrongdoing, or they’ve already charged you with a crime, then they’re looking for ways to convict you. If you talk to them, then, they’re going to view your words through a narrow lens that’s the opposite of what you’re hoping for.
  • The police can’t make a deal: You might think that by coming clean to the police you can avoid more serious charges and harsher penalties. But the truth is that investigators have very little power over that. That’s a conversation that you have to have with the prosecutor. So, don’t let the police trick you into thinking otherwise.
  • The police can lie to you: Even as you’re trying to explain away suspicions, investigators might lie to you about evidence they have in hand or other witness statements. This is a ploy often utilized to get suspects talking more directly about the crime in question. Don’t set yourself up for this type of trickery.
  • The police can twist your words against you: Regardless of what you say, the police have a way of twisting statements out of context to use them against suspects and charged individuals. You don’t want to take the risk of having to explain your own statements to police in open court.
  • A white lie or misstatement of fact can increase suspicion: Your whole purpose in wanting to talk to the police is to try to mitigate damage. But if you slip up and say something inaccurate, then you’re just going to put yourself under more suspicion and an increased risk of being charged or convicted.
  • Giving a statement sets you up for impeachment: If you make a recorded statement to the police, then prosecutors can use that statement at trial to point out any inconsistencies between that statement and any testimony you give at trial. So, if your accounts don’t match up 100%, then they’re going to try to destroy your credibility and the reliability of your testimony.

    • Don’t devastate your criminal defense before it gets off the ground

    Talking to the police can destroy your criminal defense. Don’t be your own worst enemy. Instead of going to the police to try to explain everything away, talk to your criminal defense attorney to develop a course of action that protects your rights and better positions you to fight back against the allegations made against you.]]>         On Behalf of Mogy Law Firm <![CDATA[Is an attorney too expensive to hire in a personal injury case?]]> https://www.mogylaw.com/?p=50758 2024-03-15T07:18:08Z 2024-03-15T07:18:08Z personal injury attorney is too costly, thereby negating any recovery that they might obtain. However, foregoing the assistance of an attorney can be a devastating mistake, which is why in this post we want to take a closer look at the benefits of having an advocate by your side as you navigate your claim.

    How can an attorney help with your personal injury claim?

    There’s a lot that an attorney can do to assist you in navigating your claim. Here are some of the advantages of having an attorney by your side throughout your case:
    • Increase the chances of maximizing your recovery: Sure, you might be able to save some costs by foregoing an attorney in your personal injury case, but those who represent themselves often end up receiving far less from their accident settlement. Therefore, by sidestepping representation, these victims oftentimes end up recovering less compensation than they otherwise would have. So, don’t view an attorney as a costly barrier to the recovery you want. Instead, view them as a tool that you can utilize to maximize what you can get out of your claim since a legal professional will know how to effectively negotiate and litigate your case.
    • Help navigating your expenses: Although a personal injury lawsuit might help you recover the compensation you need, it’s going to take a while for the process to play out. How are you going to pay your bills in the meantime? That’s a question that most car accident victims ask. Fortunately, there are some options out there to assist you with covering your expenses while you wait for your claim to resolve. Your attorney can discuss those options with you and assist you in securing those avenues that will provide you with financial relief.
    • Assistance in gathering evidence: There are a lot of steps in the legal process. Gathering evidence, for example, can take a significant amount of time and effort. It can be daunting to undertake that task on your own, but an attorney can competently handle this for you so that you don’t have to worry about it at a time when you’re focusing on your recovery.

    What about the costs of an attorney?

    You might think that you can’t afford an attorney to help you with your case, but many personal injury attorneys work on a contingency fee basis. This means that your attorney won’t get paid unless you do. And even then, their payment is only a fraction of your overall recovery, thereby still allowing you to access the funds you need and deserve. So, we urge you to refrain from viewing an attorney as cost prohibitive when it comes to pursing a personal injury lawsuit that may be key to your future.

    Do you want to know more about what an attorney has to offer?

    If you’re uncertain about how to build your personal injury case or simply want to know more about how an attorney can advocate for you, then we urge you to continue reading our website and to reach out to an attorney you trust to discuss the matter further. We think that by doing so you’ll take a lot of uncertainty out of the process and will rest easy knowing that you can have a fighter in your corner to help you build your case.  ]]>