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Tennessee Questions & Answers
0 Answers | Asked in Child Custody for Tennessee on
Q: The woman I was married to signed my child's birth certificate as the father. Is this legal?

She then took out an order of protection, and has my child. I'm trying to get my baby back. Is there anything I can do?

1 Answer | Asked in Landlord - Tenant and Tax Law for Tennessee on
Q: Can you be kicked out by asking for a transient tax refund? I also rent weekly and have been in the same room for 7 mths

Owner refuses to give transient tax refund instead threatens with kicking my family out of the motel.

James L. Arrasmith
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answered on Apr 25, 2024

I'm sorry to hear you're in this difficult situation with your landlord. Based on the information provided, here are a few key points to consider:

Transient occupancy taxes are typically charged on stays of 30 days or less in many jurisdictions. Since you have been renting the...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: Judge adjourned trial and announced defense atty mother died. I feel the jurors were sympathetic to defense
Anthony M. Avery
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answered on Apr 24, 2024

Your lawyer can move more a mistrial. And now is an excellent time to file for it. However it is doubtful it will be granted. Hopefully there are other grounds to either win case without a jury verdict. Talk to your lawyer now.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Judge adjourned trial and announced defense atty mother died. I feel the jurors were sympathetic to defense.
Carla Grebert
Carla Grebert
answered on Apr 24, 2024

You haven't asked a question or given much information, so I have to assume some things to respond to you.

You have posted this question in "criminal law," so I am assuming that you are the victim of a crime and that you feel that the defendant has some unfair advantage...
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0 Answers | Asked in Medical Malpractice for Tennessee on
Q: I have POA over my mother. Just battled cancer for the 3rd time. She has lympdema in her head neck chest and arm.

Extremely fragile patient. The therapist who is licensed in PT-CLT-LANA is a blessing to her the past few years. She's moving away and the Thearpy Center is in the process to train a therapist who graduated school in May 2023 for occupational therapy with no training of anything related to... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: If I drank a miller lite beer 15 min before a blood alcohol test, what would my level on the test show

And if a wreck occured would I be charged with a dui for that amount of Alcohol in my system

Anthony M. Avery
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answered on Apr 24, 2024

Any amount of alcohol or other drugs in your system can be used as evidence for DUI. .08 is only an evidentiary presumption. So never take an implied consent test.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Can I be convicted of casual exchange to a minor if I got caught with simple possession on school property without excha
Anthony M. Avery
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answered on Apr 23, 2024

You are not clear about the facts. But possession of contraband alone is a crime, whether there was an exchange or not. Was it a legitimate stop and search? And being on school/park property raises the level of offense. Hire an attorney now. Probably time for a new phone. And work as... View More

0 Answers | Asked in Real Estate Law for Tennessee on
Q: Life tenant can't make repairs.

What are the possible outcomes in court if a Life Tenant can't afford to make the repairs?

1 Answer | Asked in Criminal Law for Tennessee on
Q: If I gave permission for cop to search car does he have to have probable cause to even ask me

My license was suspended so I figured he had right to search it but he didn't even charge me for that he was with a cop who pulled me over a week before is why they really stopped me. Also if I had a locked combination box does he have right to open it in Tennessee

Anthony M. Avery
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answered on Apr 23, 2024

If you give permission for a search, no warrant, much less probable cause to believe a crime has been committed, is needed. LEO might claim he had permission to search everything, including the lock box. Here a Motion To Suppress is not going to work.

0 Answers | Asked in Civil Litigation and Family Law for Tennessee on
Q: I want to know the procedure for have family members you have never know liable for items stolen and forced.

intentionally discharged from my places of employment, demand to quit and the link or form to calculate the losses to me and the companies involved in this fraud scheme submit to the police. The estimated total losses are 1.2 million dollars, but I want to know how to calculate my loss wages due to... View More

0 Answers | Asked in Car Accidents for Tennessee on
Q: Can you advise me of the element and evidence for proving an accident was stage?

I want to know the procedure and who would file a motion to get the original charges against the defendant dropped or a writ of mandate issued commanding respondent the court to vacate its order and charges.

0 Answers | Asked in Child Custody and Family Law for Tennessee on
Q: In TN what does the legal code specify in regards to 3rd party agency supervision of visitation with biological child?

As these visits are court ordered is there a standard court approved form to be completed during each visit? Are the supervisors required to be certified or licensed? Is there a monetary cap on the amount the agency can charge? If parent is disabled with limited income does this play a part in the... View More

0 Answers | Asked in Real Estate Law for Tennessee on
Q: Are all properties in a life tenant's name vulnerable to a personal injury lawsuit if tenant failed to upkeep a property

I'm the beneficiary to the family home and several rental properties. Lawyer miss deeded properties to all siblings and mother. Quick fix-quit claim property back to rightful heir, but mother didn't quit claim. Mother instead gave herself life estate when she was willed life residency.... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: If my father passed does his will over ride a life estate? In TN

Life estate says me and my brother are remainderman but the will issues everything to my mother. Can she do what she wants with said land?

Anthony M. Avery
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answered on Apr 22, 2024

Will means nothing until the testator dies and the Will Probated. It can always be changed. You might be interpreting the devises, bequests and residuary clause incorrectly. Father may want to execute a life estate/remainder deed now. If there are really the inconsistent transfers in the... View More

0 Answers | Asked in Animal / Dog Law for Tennessee on
Q: Is it legal to sell puppies in parking lots in Tennessee?

There is a man who has been parked in the lot where I work for about a week. He is selling puppies off the back of his truck. They're in the heat and the rain and have no food or water. The PD said it was legal. Yet they came into my store looking for someone who left their dog in their car... View More

0 Answers | Asked in Employment Law for Tennessee on
Q: can an employer make an employee pay for parts that the employee neglectfully ruined when repairing a vehicle?

an employee did a brake job including bearings and races on a trailer. He neglected to do the job correctly, the vehicle left and the brakes, bearings, and seals were ruined because he was not careful and tightened them too tight thus causing them all to burn up. He was instructed specifically how... View More

2 Answers | Asked in Real Estate Law for Tennessee on
Q: My deed includes a right of way through my neighbor’s adjoining land for the only available access to nearby public road

but has padlocked a gate blocking the right of way. What are my rights for unhindered ingress & egress?

Anthony M. Avery
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answered on Apr 19, 2024

Reciting a ROW in your Deed and/or chain of title means nothing. The Easement must be in the servient tenement's title. Hopefully you have an express Easement or at least by Prescription. You must hire an attorney to search both titles, and probably file suit to Declare or Enforce a ROW.... View More

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0 Answers | Asked in Insurance Bad Faith and Real Estate Law for Tennessee on
Q: If a previous owner left some of their possessions in the house I just closed on, can they still come and claim them?

I closed on my house in January, the previous owner left a few things here and I only agreed to hold onto a few of them until she came to get them. Can she take everything she left or just the stuff I agreed to hold for her? It doesn't mention any items listed in the closing documents.

0 Answers | Asked in Sexual Harassment for Tennessee on
Q: my uncle & his gf got me blackout drunk & proceeded to have sex w me, is this rape, they say I wanted it but I didn’t

We had recently been reunited after being apart 17 yrs due to him being taken away & adopted - he’s 2 yrs older than me, upon the reunion we decided to celebrate and all three got drunk together, we then proceeded to go to their bedroom under the pretense that we would hang out in there bc it... View More

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