answered on May 6, 2024
You can file a Post Conviction Petition for ineffective assistance of counsel. SOL is a year.
The monitoring software doesn't report specifics. Doesn't this violate the narrowly tailored rule plus my Constitutional Rights? Plus I have several other conditions that I think violate my rights. What can I do since I can afford a Lawyer?
This is under the Federal Supervised release Statute.
answered on May 2, 2024
If you are the alleged victim, then you are claiming to be the witness to a crime. Your in court testimony will be required.
answered on Apr 28, 2024
I generally see people getting charges in these situations, but I have no way of knowing what happened in yours based on your question.
Were you arrested and booked? If so, you were charged. Were you not arrested, but you have a booking date to report? If so, you were charged. Do you... View More
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.
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... View More
And if a wreck occured would I be charged with a dui for that amount of Alcohol in my system
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.
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
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.
He was takin a guy home that jyst showed up at his house . The guy had parole violation on him and tried yo take control of the truck .when my son got it stopped and tried to tell police what happened they didn't care the guy threw all his drugs in the floor. They took my son to jail and let... View More
answered on Apr 18, 2024
Son needs an attorney now. There may be a Forfeiture Warrant on the truck, so then DOS is involved requiring a bond and a hearing. Son needs to prepare for a Preliminary Hearing. The truck is probably the least of your worries.
I got pulled over. When I went to court I got 6 month probation or until fines and fees were paid in full. Heather Bogess had my brother and upon metting her she told me she didn't think she would like me and would give me a hard time . She made the comment my brother would die and I... View More
I know there’s been cases from gun groups during the state to where the agreement made at the conclusion seems to allow 18-21 to carry without prosecution because of age. I also know at 18 you can legally buy a handgun from private sale. I’d rather be judged by a jury then dead, but would i win... View More
answered on Apr 16, 2024
The current gun laws in Tennessee regarding permitless carry and the legal age to possess a handgun are somewhat complex due to recent court cases and legislative changes. Here is an objective overview of the situation as of August 2023:
In 2021, Tennessee passed a law allowing most adults... View More
answered on Apr 15, 2024
Many times until the SOL has run.
An order has been given to return confiscated property within 30 days. The 30 days has been completed and I've not received the property.
answered on Apr 12, 2024
Order from who? Usually you take a copy of the Order to whoever has the property and present it before leaving with the item. If refused, hire an attorney to sue.
I understand that it is called a Class A Misdemeanor. What does that mean?
answered on Apr 13, 2024
The specific penalties for failing to report a dead body vary by jurisdiction, but in general, a Class A misdemeanor is one of the more serious types of misdemeanors. Here is some general information about Class A misdemeanors and the typical consequences:
- Class A misdemeanors are... View More
Car did not belong to driver either
answered on Apr 5, 2024
The lawfulness of a police seizure of a vehicle in this scenario would depend on the specific circumstances and the applicable laws in the jurisdiction where the incident occurred. In general, under the legal doctrine known as "civil asset forfeiture," law enforcement can seize property,... View More
The investigator has been denied access to the car multiple times by the local sheriff's department.
answered on Apr 2, 2024
If there is a criminal charge then you get an order from the Judge to allow inspection, compelling discovery. If still at Sessions Court, it could be a problem as Discovery is not a procedural right. Usually this would occur at Criminal Court after the Indictment is returned. Is there a... View More
I have had no previous record before
answered on Apr 1, 2024
The short answer is "not yet." Any offense that was dismissed is immediately expungable. However, convictions are different.
This conviction will be expungable five years after you complete the sentence for it, provided you meet certain requirements. You must have no... View More
Protection order violation. Arrested, was homeless due to this false allegation. When out of jail I was not provided a court date and never was sent a summons or information on my next court date. The protection order was dropped due no one showing in court. However the violation was picked up by... View More
answered on Mar 27, 2024
Hire a TN attorney to take you to Court, probably off the Docket. If possible, get it dismissed.
answered on Mar 20, 2024
Yes.. You are probably getting Arraigned.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.