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Questions Answered by Jon David Rogers
1 Answer | Asked in Criminal Law for Tennessee on
Q: How much jail time do I get for failing a drug test on community corrections on a 4yr sentence 1st violation
Jon David Rogers
Jon David Rogers
answered on Nov 4, 2022

Generally, when someone violates a community corrections sentence, the original sentence COULD be put into effect. In a CC sentence, there IS credit for time served on probation (aka "street credits"). I say could be put into effect, because it is possible if your PO and the judge are... Read more »

1 Answer | Asked in DUI / DWI and Traffic Tickets for Tennessee on
Q: Police at the scene did not issue a ticket or ask for info can I be given a ticket at a later date for DUI
Jon David Rogers
Jon David Rogers
answered on Nov 2, 2022

Charges can be filed against you at any point within the statute of limitations. However, due to the highly-science-dependent nature of DUI prosecution, if you were not administered field sobriety tests at the scene, nor were you administered blood draws, which were sent to TBI, it is unlikely the... Read more »

1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Tennessee on
Q: What charges will I get if a cartridge wasn’t my possession I am 15 years of age

yesterday morning I walk into the restroom to see a bunch of people smoking a vape I hit it to fit in not knowing that it is 90% Thc illegal in my state I live in Tennessee, fast forward a couple hours I get pulled out of class and asked if I had smoked anything I said no but than they check my... Read more »

Jon David Rogers
Jon David Rogers
answered on Oct 30, 2022

The first thing you need to do is let your parents know, and you (you and your parents) need to go speak to a lawyer. Schools are not allowed to question students without someone "friendly" to the student, and no, the school administrators and teachers are usually friendly to the school... Read more »

1 Answer | Asked in DUI / DWI and Criminal Law for Tennessee on
Q: What can happen if someone violates probation for a second time?

My fiance has been on probation for at least 10 years. He is on the sex offenders list. Got arrested twice for public intoxication. The dates are 9/26/22 &10/3/22

Jon David Rogers
Jon David Rogers
answered on Oct 27, 2022

Quite often it depends on the nature of the violation, his performance on probation overall and the jurisdiction he is in. Aside from the arrests for public intoxication, if his performance on probation has been good otherwise, regarding completing classes, paying fees, maintaining contact with... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law and DUI / DWI for Tennessee on
Q: If someone was charged with 2nd DUI in 2007,can police seize car for driving revoked,but never charge them for it,

My dad's car was taken for driving on revoked from a 2nd DUI he got in 2007, they never charged him & the police drove off in his car, is that legal??

Jon David Rogers
Jon David Rogers
answered on Oct 27, 2022

Unfortunately, the U.S. Supreme Court has ruled that the statute regarding civil forfeiture of property used in the commission of certain crimes, including a 2nd DUI is not a violation of the Double Jeopardy Clause.

The forfeiture statute, which changed in 2015, states that the vehicle...
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