Partner Chris Clark Joins Student Defend

Patton & Pittman is excited to announce that partner Chris Clark has been asked to join Student Defend’s network of criminal defense attorneys. Student Defend is a company that puts college students in need of immediate legal advice in direct contact with prescreened, qualified criminal defense attorneys in their communities. Student Defend specifically seeks out defense attorneys who are former district attorneys, prosecutors, or police officers for their network. Attorney Chris Clark has been asked to join the Student Defend network not just because he is a former prosecutor, but also due to his success as a criminal defense attorney and his experience as a former high school teacher.

Chris Clark is no stranger to the law’s impact on college students. He has traveled throughout the Southeast and Midwest speaking to college students on issues involving risk management for Sigma Phi Epsilon, the nation’s largest college fraternity. He works closely with Greek organizations at Austin Peay State University by mentoring them on risk management and career counseling. He understands that even good kids get into bad situations while in college and knows that the decisions made after getting in trouble can shape a student’s future forever. Attorney Chris Clark has accepted the invitation into Student Defend’s attorney network and is looking forward to the opportunity to help students in need of immediate legal advice navigate the legal system. 

Chris Clark Named To 10 best DUI Attorney List

Patton & Pittman would like to congratulate partner Chris Clark for being named one of the 10 Best DUI attorneys in the State of Tennessee by the American Institute of DUI/DWI Attorneys for 2014. Being named among the top 10 best attorneys is not an easy feat; before receiving the award, nominees go through a rigorous selection process. Once an attorney has been formally nominated, a review committee makes sure that the nominee meets all criteria including: a 10/10 in client satisfaction, be an industry leader, be thoroughly researched by the review committee, be AIDUIA Board of Regents approved, no client or bar complaints, and possess previous awards, associations, or publications. Once the nominee has been thoroughly vetted, the Board of Regents votes them into the top 10 list of best attorneys. After being nominated earlier this year, attorney Chris Clark successfully passed the rigorous selection process and received this prestigious award.  If you or someone you know is ever charged with DUI/DWI, you can guarantee that Chris Clark is among the best of the best in Tennessee to help you through the legal process.  

Prostitution Sting Sheds Light on Human Trafficking in Clarksville, Tennessee

A recent undercover investigation and prostitution sting conducted by the Clarksville Police Special Operations Unit led to the arrest of two people and shed light on the alarming increase in human trafficking cases reported in Clarksville and Tennessee.

The Undercover Operation

For months, the CPD has been targeting prostitution in Clarksville near Exit 4 of Interstate 24. A recent sting operation in mid-March led to the arrest of a man and woman, both charged with the human trafficking of a 17-year-old girl along with several other prostitution charges including prostitution, promoting prostitution, exploitation of a minor, and aggravated rape.

The CPD said that the prostitution investigation focused on a social media website called Backpage.com. In recent years law enforcement has seen prostitution move to the internet, especially to social media sites like Backpage.com. Many factors make Clarksville a prime breeding ground for illegal activity such as prostitution: an increasingly transient military and college population, location near a major metropolitan region, a major interstate highway and a major river network combined with the rise of social media sites.

Movement of prostitution to the internet has also led to an increase in cases of human trafficking not only in Clarksville, but across the state. According to a 2011 study by the TBI, 94 minors are trafficked a month in Tennessee. The same study found that between 16 and 25 human trafficking cases were reported in Montgomery County alone. However, experts say most human trafficking cases go unreported. Again, law enforcement attributes the number of cases reported in Montgomery County to its geographic location, as well as its growing population.

Prostitution Defined

Tennessee Law defines Patronizing Prostitution as “soliciting or hiring another person with the intent that the other person engage in prostitution.”

Promoting Prostitution means “owning, controlling, managing, supervising…a business for the purpose of engaging in prostitution.”

Aggravated prostitution occurs when “knowing that such person is infected with HIV, the person engages in sexual activity as a business.”

Possible Penalties

Prostitution charges carry serious penalties. Prostitution and patronizing prostitution are both Class B misdemeanors punishable by a maximum fine of $500 and up to 6 months incarceration. If committed within 100 feet of a church or within 1 ½ miles of a school, both become Class A misdemeanors, punishable by a maximum fine of $2,500 and up to 11 months and 29 days of incarceration in a local jail. If committed within 1 ½ miles of a school, a person will receive a minimum sentence of 7 days incarceration and be fined at least $1,000 in addition to any other authorized punishment.

Patronizing prostitution from a minor or from a person with an intellectual disability is a Class E felony punishable by a maximum fine of $3,000 and a maximum of 6 years of incarceration. Beginning July 1, 2014, patronizing prostitution from a minor or from a person with an intellectual disability will be punishable as trafficking for commercial sex acts. In Tennessee, promoting prostitution of a minor is already punishable as trafficking for commercial sex acts.

Aggravated prostitution is a Class C felony and is punishable by a minimum fine of $10,000 and up to 15 years of incarceration.

It is best to avoid the risks of engaging in prostitution or related activities.  But if you are arrested and charged with prostitution or human trafficing, it is important that you seek an experienced attorney to help you through the legal process. Christopher G. Clark is a former prosecutor who has both defended and prosecuted these crimes.  If you are charged, call him at Patton & Pittman for a free consultation.  

Run-A-Muck: A Small Business Success

Patton & Pittman would like to congratulate our small business client, Run-A-Muck Outfitters, in the successful launch of its new website! Started in 2012 by two life-long friends, Run-A-Muck Outfitters is a unique business that is as passionate about the outdoors as it is about serving the surrounding communities of Middle Tennessee. Run-A-Muck Outfitters offers a wide range of services from canoe and kayak rentals, to custom-guided group trips and has locations in both Clarksville and Nashville. Run-A-Muck Outfitters provides experienced and novice outdoorsmen alike, easy access to hundreds of miles of river that are ready to be explored and enjoyed. If you want a guided group trip down the river, to rent a canoe for the weekend, or to buy a kayak of your own, visit Run-A-Muck Outfitters at runamuckoutfitters.com.

The attorneys at Patton & Pittman are proud to support local businesses like Run-A-Muck Outfitters. Patton & Pittman is a full service law firm that helps small businesses get off the ground.  We recognize that every business is unique and we will determine what approach is best for you and your business, including forming a limited liability company, limited liability partnership, or other entity for liability protection and preparing an operating agreement or partnership agreement to achieve your financial goals.  Our firm also has a large professional network including Certified Public Accountants (CPAs) who can assist you with everything from tax advice to setting up your business' payroll.  Call anytime to schedule an appointment with one of our business attorneys.  

Partner Chris Clark Chosen By AMGOA

The best complement for an attorney is often a referral. So when a national organization chooses to refer you to its members and followers, it is a true honor.  Patton & Pittman Partner Chris Clark has long provided skilled representation for responsible gun owners who have found themselves facing criminal charges.  His work in this area has been recognized by numerous Second Amendment Organizations throughout the U.S.  Recently, Chris received notification that the American Gun Owners Alliance (click here) had listed him as a preferred attorney for its members.  When asked about the listing, Chris said, “This was a surprise.  I had not previously been in contact with AMGOA. They became aware of my work with other organizations and clients and chose to add me to their network.  I am honored by the selection and excited about working with AMGOA members and supporters.”  

New Website

Patton & Pittman's all new website is now live.  Visit the site here.  The website contains a great deal of information on all of our areas of practice as well as other resources.  Let us know if we can be of assistance to you in any or your legal needs.

Partner Chris Clark Obtains Lowered Bond in High-Profile Murder Case

Chris Clark, a partner at Patton & Pittman, successfully argued for a substantial bond reduction in one of Clarksville’s most high-profile murder cases last week.  Clark represents a mother who has been charged, along with her husband, with the murder of her young child.  During Clark’s cross-examination, the lead detective admitted to the court while under oath that she did not believe that the mother had caused the injuries that lead to the child’s death.  She further testified that there were no witnesses or direct proof that the mother had caused any of the unfortunate injuries.  The court immediately lowered the quarter-of-a-million dollar bond to $25,000.  

It's The New Year: How Much Insurance Do You Have?

The new year is a good time to reevaluate your vehicle insurance needs.  We are inundated with ads for companies selling minimum limits insurance.  The latest is a commercial in which the narrator says "your neighbor drove his car through your house.  Thankfully he had minimum limits insurance from ****."

Frankly I would not be happy to have the insurance adjuster tell me that she is sorry that only a small part of my damage will be paid because there was not enough insurance.  Vehicle insurance protects you when you cause a wreck and, maybe more important, protects you if you are hit by an uninsured or underinsured driver.

Imagine you accidentally cause a wreck causing a life-altering injury to a child.  Now imagine that an uninsured driver causes such an injury to your child.  In either situation you need to have as much vehicle insurance as possible.  The minimum limits ($25,000.00 in Tennessee) will do little to protect you.

Insurance is relatively cheap.  Take five minutes this new year and call your agent.  Remember that minimum limits equals minimum protection.

New Year's Resolution: Estate Planning

The new year brings about many resolutions. One that we strongly urge you to think about is proper estate planning.  With changes in the estate tax laws in Tennessee and at the federal level, it has never been easier to plan for your family's future when you pass away.  Contact a competent attorney to discuss simple steps you can take to protect those you love.  A simple will, healthcare power of attorney and living will can not only give you peace of mind, but will help simplify the issues that those you leave behind will have to deal with when you are gone.

I know it is not something we like to think about, but a few simple steps can ensure that your passing does not result in financial uncertainly for those you love when you are gone.

Contact Nathan Hunt or Chris Pittman at Patton & Pittman to discuss your options and have a happy new year.

Nathan Hunt Elected President of the Montgomery County Bar Association

Nathan Hunt, a partner at Patton & Pittman, has been elected President of the Montgomery County Bar Association after serving as Vice President for 2013.  Hunt's term will run through December of 2014.  As President, Hunt will oversee the bar association for the fifth largest city in Tennessee with over 200 attorneys.
Hunt is the third partner from Patton & Pittman to serve as President of the Montgomery County Bar Association.  Greg Patton was president of the Montgomery County Bar Association in 1999 and Chris Pittman was President in 2005.

Attorney Pittman Speaks At Two CLE Programs In December of 2013

In December of 2013, Chris Pittman was a speaker at two different CLE programs in Montgomery County.

Pittman first spoke to the Montgomery County Bar Association on recent changes to Tennessee Supreme Court Rule 9, which governs discipline of attorneys.  Pittman has been a Committee Member for the Board of Professional Responsibility for 6 years.  In that role, he often sits as a member of hearing panels on lawyer discipline.  The 2 hour presentation was a part of the Montgomery County Bar Association's annual Christmas Ethics CLE.

Pittman was also a speaker at a twenty hour CLE sponsored by Warm Souls.  In this CLE, Pittman spoke on the topic of "Running a Law Firm...For Profit."  In this CLE, Pittman provided an outline of issues that impact the practice of law and making money as a lawyer.

New Attorney Joins Patton & Pittman

Patton & Pittman is proud to announce that Allison Winters has joined our firm as an associate.  Allison is a 2013 graduate of Ole Miss Law School and is a native of Cheatham County, Tennessee.  Allison will primarily be working in the area of insurance defense litigation.

Chris Clark Secures a Not Guilty Verdict in Client's Second-Degree Murder Trial

The following article appeared in the April 24, 2013 edition of the Leaf-Chronicle, in Clarksville, Tennessee. Chris Clark is a partner at Patton & Pittman. His practice focuses on significant criminal matters.

Jury Finds Man Not Guilty Of Second-Degree Murder

Apr. 24, 2013-theleafchronicle.com

Written by Tavia D. Green Leaf-Chronicle

CLARKSVILLE, TENN. -A Montgomery County jury deliberated for several hours Wednesday before returning a not guilty verdict against a man accused of stabbing another man to death in October 2011.  Francisco Aguilar-Valencia, 38, charged with second-degree murder, was accused of stabbing 39-year-old Daniel Dion Bridges to death on Oct. 17, 2011. Clarksville Police found Aguilar’s body laying on Martin Street. A trail of blood splatter led to Aguilar’s home.

Aguilar began a jury trial Monday in Judge John H. Gasaway’s court.  During the trial, testimony was presented that, during a get-together at Aguilar’s home, the two men had a disagreement, and at some point, Bridges threatened Aguilar, telling him if he came down the steps he would assault him. Aguilar went down the steps, and the two men began to fight.  Bridges was stabbed seven times.  When questioned 20-24 hours later by Detective Tim Anderson, Aguilar said he had been involved in a fight with Bridges and did have possession of a knife, but he didn’t remember stabbing Bridges.  Aguilar testified in his own defense, claiming he asked Bridges to leave his home. When Bridges left, Aguilar went outside to secure his home and said he was attacked outside. Although he didn’t remember the stabbing, he acted in self-defense when Bridges attacked him, he said.

The jury acquitted Aguilar of murder after deliberating for approximately six hours. Aguilar, who was in the country illegally, will stay in the jail until he is deported by Immigration Customs Enforcement.  The jury met with Detective Tim Anderson to speak with him about the case before leaving the courthouse.

Closing

John Finklea, assistant district attorney, said if what Aguilar said was true, that he didn’t remember anything about the stabbing and fight after Bridges allegedly hit him in the head, then Aguilar would have had no reason to flee from the crime scene and not call police.  He said Aguilar’s story about what happened didn’t make sense.  Aguilar testified Tuesday that Bridges ran from the intersection of Crossland and Martin Street to his home and hit him. He said he was hit very hard and had a head injury, not remembering exactly what happened.  Finklea noted Bridges was not armed, Aguilar knew he wasn’t armed because he picked Bridge’s knife up from the floor of his home and many of the seven wounds to Bridges chest were deeper than the knife was implying force was used.  “You have two people. It was a simple fight. You may have hurt feelings or a bruise but everyone goes home. (Mr. Bridges) should not have ended up in the street, but he did because (Mr. Aguilar) took a knife to a fist fight. … It was a very quick fight, (and Mr. Bridges took) the knife out and used it over and over and over again.”  Finklea asked the jury to use their common sense and find Aguilar guilty of the second degree murder of Daniel Bridges.

Chris Clark, defense attorney, said on Oct. 17, 2011, Aguilar had to do something no one would ever want to do and that’s defend himself.  Clark characterized Bridges as being ‘macho’ and aggressive. He said it was not a mutual fight but Aguilar was attacked and had the right to use force against Bridges’ who he said had previously threatened to shoot his house up and was known for violence.  “All the evidence was that Mr. Aguilar did everything in his power to avoid a fight,” Clark said.  He asked for a not guilty verdict and said all elements of self-defense had been proven.

Nathan Hunt Elected Vice President / President Elect of Montgomery County Bar Association

The following article appeared in the Tennessee Bar Association Journal for January 2013 announcing that Nathan Hunt, a Partner at Patton & Pittman, was elected Vice President / President Elect of the Montgomery County Bar Association. Hunt will be be the third Partner at the firm to be elected President of the Montgomery County Bar Association.

Montgomery Co. Bar Elects Officers By Stacey Shrader 

The Montgomery County Bar Association recently elected new officers for 2013. They are President Stanley Ross, Vice President Nathan Hunt and Secretary/Treasurer Bradley M. Carter. The association also named new board members. They are Jennifer Ray, Shelby Silvy and Kathryn Stamey and Lee Willoughby.

Tennessee Greatly Expands Expungement Law by Chris Clark

Effective July 1, 2012, the Tennessee State Legislature has approved a new law allowing for the expungement of certain criminal convictions, including some felonies. This means that you may be able to have your criminal conviction removed from the public records of the county in which you were convicted. Basic criteria are as follows: • the conviction has to be one approved by the statute; • the petitioner has no other convictions other than the one being expunged • at least five (5) years have elapsed since the completion of the sentence imposed for the offense; • all fines, restitution, court costs and other assessments have been paid; all terms of imprisonment, probation and parole have been completed; • all conditions of supervised or unsupervise4d release have been met; • petitioner has remained free from dependency on or abuse of alcohol or a controlled substance or other prohibited substance for a period of not less than one year if required by the terms of the sentence; • payment of court fees in the amount of $450. The list of included crimes is long as is the exclusion list. Unfortunately, driving under the influence (DUI) is on the exclusion list and cannot be expunged. Several drug offenses are eligible for expungement. The expungement process is extremely detail oriented and tedious. As expected, the powers that be have not made this an easy process. However, I have taken the time to stay up to speed on this bill and have already prepared the necessary documents. If you have a criminal conviction that you would like to have expunged, do not hesitate to contact me to see if you qualify if you have a criminal conviction that you want expunged.

Nathan Hunt and Chris Clark Obtain Not Guilty Verdict in Rape Case

Chris Clark and Nathan Hunt, Partners at Patton & Pittman, recently obtained a not guilty verdict in a two-day rape trial in Clarksville. For more information, see the "news" section of our website.

Etched in Cyber-stone: Communication in the Digital Age

On June 24, 2011, the Leaf Chronicle reported that three women had been arrested after falsely reporting domestic abuse. One of the men falsely accused of domestic assault was my client. We had always maintained his innocence. So when we were finally able to produce text messages from his accuser admitting that she had lied to police, the arresting officer and the prosecuting attorney were furious. They immediately dismissed the charge against my client and took a warrant for his accuser’s arrest. For my client, it was like waking up from a bad dream. For his accuser, the reality of her choices will become more apparent as she faces angry members of law enforcement in court.

In this modern world, our communications are more permanent than ever. Many a litigant has been surprised on the witness stand or in depositions when presented with their own text messages, e-mails, or entries on social media websites. I have found that all advances in technology have some trade-off. While we all enjoy the convenience of modern communication, are words no longer disappear at the other end of the telephone line. Many times, they etched in cyber-stone waiting to be recalled long after our spoken words and feelings have subsided.

If you are a litigant or the criminally accused, do not discuss these matters in writing, whether in text, e-mail, Facebook, MySpace, Linkedin, etc. However, if you are aware of similar writings that will aid in your case, be sure and make your attorney aware of them. You may be surprised at the results.

Nathan Hunt Obtains Not Guilty Verdict in Attempted Murder Case

Nathan Hunt, a Partner at Patton & Pittman, recently obtained a not guilty verdict in an attempted murder case in Montgomery County, Tennessee. To read an article on this verdict, please see the "current news" section of our website at www.pattonandpittman.com.

Starting the New Year Out Right

We all like to use the new year as a time to resolve to change our ways. Just try to get a parking slot at one of our local gyms during January. One area that we don’t think about as we ponder our new year’s resolutions is resolving to ensure that we have taken proper steps to care for our family should tragedy strike. I have previously written in this magazine about the need for a will and other estate planning (see “Do I really Need a Will?”, March 2008 edition of Clarksville Family Magazine) and the need to ensure that you have sufficient insurance to protect your family’s assets (see “How Much Insurance Do I Need”, August 2009 edition of Clarksville Family Magazine). One other aspect of properly protecting your family is to make sure that both you and your spouse (or if you are single another trusted person) know the proper information to take care of your finances should you become disabled or die.

Here is a quick quiz: If you or your spouse dies, does someone know who to call to deal with retirement issues? Does someone know how much life insurance you or your spouse has and who to contact to make a claim? Do you and your spouse know about all bank accounts that have been opened? If you and your spouse don’t know the answer to all of these questions, financial communication with your spouse needs to be a priority as we enter the new year.

To help with this, below if a form that you can use to start the conversation. Sit with your spouse, fill this out and store it in a lock box or in another safe location. If the unthinkable happens and a spouse passes away, this form will help you quickly deal with the financial issues that will need to be immediately addressed.

_______________________________________________

Financial Worksheet

Our bank accounts (account numbers and location):
Our life insurance (amount, policy number and agent):
Our retirement (account numbers and administrator):
Our disability Insurance (amount, policy number and agent):
Our investments (description, account numbers and administrators):
Our real estate (address, mortgage holder):

Social Networking - Legal Issues

Facebook, Twitter, My Space. These are all social networking sites that have become parts of everyday life for more and more of us in the last two years. While these sites have many positive aspects, such as allowing us to stay close to far off friends, there are things you must keep in mind.

First, comments made on these sites may become public. Be careful about what you say. This is not your personal diary. Broadcasting items can harm your safety or (as I will discuss later) impact litigation. Do you really need to tell what could be hundreds of people that you are going to be gone for a 3 week vacation? This may not be something you want the world to know.

I have dealt with negative issues regarding social networking sites in litigation. If you are involved in a lawsuit, you need to know that statements made by you on such sites can be obtained by the opposing attorney, and thus, reviewed by the Court. Statements regarding affairs, desires to harm you spouse (no matter how tongue and cheek they may be), or personal opinions about the intelligence (or lack thereof) of the Judge can come back and haunt you.

So, keep tweeting, facebooking, and posting to My Space, but remember, in our increasingly technologically advanced society, very little we say is guaranteed to stay private.