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Questions Answered by Shanone Emmack
1 Answer | Asked in Criminal Law, Civil Rights, Domestic Violence and Federal Crimes for Tennessee on
Q: What if victim shows up at the defendant's residence with no contact order in place due to aggravated assault

No contact order in place due to aggravated assault and the victim showed up at defendants residence does the victim violate the order? what should the defendant do?

Shanone Emmack
Shanone Emmack
answered on Apr 29, 2020

The defendant needs to call his/her attorney, police, as well as document and save any proof that the victim made first contact. The victim does not have bond restrictions from seeing the defendant, However, the police and attorney need to be made aware of the situation to protect the defendant.

2 Answers | Asked in Criminal Law for Tennessee on
Q: If I refuse a portable breathalyzer test can I still be charged with implied consent?
Shanone Emmack
Shanone Emmack
answered on Apr 28, 2020

Yes, you can be charged with implied consent which can result in you losing your license for a year. However, there is case law on implied consent and if you actually performed a breathalyzer test then you can likely get it dismissed. I'm sure there are more facts to your case. It is... View More

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1 Answer | Asked in Criminal Law and Real Estate Law for Tennessee on
Q: can you be kicked off of property by police when hired to work there in tennessee

I was hired by the property owner to remodel and about an hour after he had left the premises, the neighbors called the cops and said I was trespassing and stealing out of the vacant home. When in fact I had been taking my stuff into the home, and had permission from the owner. The cops came and... View More

Shanone Emmack
Shanone Emmack
answered on Apr 27, 2020

If you had permission by the owner to be present and work on the property then you were not trespassing. The police should have allowed you to call the owner to confirm that you were on the property legally. If they charged you with trespassing then it's important that you hire an attorney to... View More

1 Answer | Asked in Probate for Tennessee on
Q: I received a stimulus check addressed to my deceased father who passed in 03/2019. Do I return the check or keep?

If return, how and where to send if keep, how do I cash or deposit it?

Shanone Emmack
Shanone Emmack
answered on Apr 24, 2020

I recommend doing nothing with the check. It is intended to go to your father to help with any financial difficulty during Covid-19. You could try to contact the IRS but no one is likely going to take your call . It would be illegal for you to personally cash the check and put it in your account... View More

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I have a ticket for 92 in 65 but they said I don’t have a ticket fee just appear in court. What does that mean?
Shanone Emmack
Shanone Emmack
answered on Apr 24, 2020

That means they want you to appear in court for the crime of speeding. Its almost 30 miles over the speed limit therefore, they may want you to go to general sessions court instead of traffic court. Speeding is a C misdemeanor . I have seen DAs and judges ask for 2 days in jail, probation, and... View More

1 Answer | Asked in Criminal Law and Municipal Law for Tennessee on
Q: are detectives jurisdiction allowed to question others in another county
Shanone Emmack
Shanone Emmack
answered on Apr 24, 2020

A detective can travel outside his jurisdiction to interview a witness or suspect relevant to his case.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I will no longer be able to pay my rent after July & will have 2 months left on the lease. Can I move without being sued

Due to a recent heart & thyroid condition along with now The Covid 19 shutting me out of business I’m living off my savings account without an income coming in. I’m currently paying $3,500 monthly to rent a house. I will no longer be able to afford to stay in the house after making July’s... View More

Shanone Emmack
Shanone Emmack
answered on Apr 24, 2020

You should first re-read your lease and see if there is a termination clause and decide if you have an option to terminate early under the clause. You should also talk to your landlord about your situation and see if he will let you out of the lease. If not, then I suggest giving him at least 30... View More

2 Answers | Asked in DUI / DWI for Tennessee on
Q: interlock system

I am an Army Veteran. Months before I got out of the Army I got a DUI, I retained a lawyer and got my charges down to reckless driving and state minimum fines and my license suspended for a year. I have completed the year and I have also paid all of my fines to the state of Tennesee. Here is my... View More

Shanone Emmack
Shanone Emmack
answered on Apr 24, 2020

Something is triggering the DMV to believe you need an interlock. Ultimately the DMV determines if all requirements are met to get your drivers license reinstated. You should go to the clerk's office of the court where you were sentenced. Obtain the judgment sheet with the Judge's... View More

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1 Answer | Asked in Criminal Law for Tennessee on
Q: What happens in tn when my probation expires in 48 hours
Shanone Emmack
Shanone Emmack
answered on Apr 18, 2020

You should first check with your probation officer and make sure all your probation requirements have been met. This includes paying your court costs and fines. You may have the option to waive some of your costs if you haven't paid them. But, if you are all paid up and have satisfied all the... View More

3 Answers | Asked in Probate for Tennessee on
Q: My father passed away everything was in his and my moms name except 1 property so didnt do probate.Can she keep?

my mom and dad have 3 grown kids together but can she keep property and have put in her name? he didnt have a will

can she just have retitled to her name? or do us children have to sign off on something. she dosnt want to sell just keep

Shanone Emmack
Shanone Emmack
answered on Apr 16, 2020

If the property was just in your dad's name then it became part of his estate when he died.

If he died without a will then he died intestate and the intestacy laws will determine how the property is distributed. In Tennessee, a spouse and children receive a portion of the estate. It...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: Is it illegal in the state of TN to not go to an obgyn while pregnant
Shanone Emmack
Shanone Emmack
answered on Apr 8, 2020

It is not required. However, it is probably in your best interest to go to your obgyn to check your and your baby's health and progress.

3 Answers | Asked in Criminal Law for Tennessee on
Q: what do i do if a drug task force agent comes to my job to talk to me

15th district drug task force in Tennessee has contacted me vie phone wanting to come to my job in the 13th district and I don't know why or what I need to do

Shanone Emmack
Shanone Emmack
answered on Apr 6, 2020

You don't have to talk to the drug task force especially if you think you will incriminate yourself.

If you do decide to talk to them , do it over the phone or at a place of your choosing. You can tell them your work place is not an acceptable place to talk. If they threaten to bring...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: I live in Memphis TN, but my license got suspended in NC. I can’t get my licence now, DMV is closed due to the pandemic

Will i get out the same day or will i be incarcerated for a certain amount of time or pay a fine? If i have to pay fine, approximately how much do they range from?

Shanone Emmack
Shanone Emmack
answered on Apr 1, 2020

If you have a citation for driving on suspended then you will need to be booked before your court date.

But, things are different right now with the coronavirus. You should call the jail and ask them what they want you to do. I would also call the clerk's office to get your court...
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2 Answers | Asked in Criminal Law for Tennessee on
Q: My son has had his license revoked over an assault case. DOT can't find the report, County can't find it. What do we do

The case started as a vehicular assault case and was dropped to simple assault. The occupants of the other vehicle denied be the driver due to their soberity. The car belonged to one occupant's recently deceased mother. No accident report was filed by the officers on the scene. The THP has no... View More

Shanone Emmack
Shanone Emmack
answered on Mar 29, 2020

This is not uncommon. Revoked licenses are tricky and reinstatements can be very expensive. You can research the specific requirements to reinstate the license on https://dl.safety.tn.gov/_/ . There may not be an accident report because it was charged as an assualt not an accident. If there is a... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Tennessee on
Q: My neighbor has several CCTV pointed at my property and he took footage of me an has police thinking I committed crime

Is it legal for him to do that if he didn't actually see who did the crime but he told police I did it an showed them pics of someone driving a vehicle and said it was me they have a warrant for me now an I'm innocent if they watch his cameras they would see me leaving before these other... View More

Shanone Emmack
Shanone Emmack
answered on Mar 29, 2020

It is not illegal if your neighbor thought you committed a crime involving his property. If there is a warrant then you are going to need to call the Sheriff's department and see if they want you to turn yourself in. Because of COVID-19 , people with warrants are being booked then released... View More

1 Answer | Asked in Banking for Tennessee on
Q: my mother takes all of my money from my bank account, can i sue her for financial abuse?

Hi. i’m 19 and still living at home with my parents not by choice. my mother takes all of my money from my bank account preventing me from moving out. she also has forced me into giving her my information to my logins for my college classes and reads all my emails. is there any way i could sue... View More

Shanone Emmack
Shanone Emmack
answered on Mar 26, 2020

If your name is solely on the checking account then your mom is not allowed to take the money without your permission. If she does, it can be considered theft and you can call the police and report it. If it is a joint checking account with your mom's name then it is her account as much as... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: My boyfriend is locked up in Fayette county TN. Revoked drug court. Red date 1/2020. Could lawyer reinstate probation?
Shanone Emmack
Shanone Emmack
answered on Mar 26, 2020

Depends on the charges and situation. A lawyer can discuss his case with the district attorney and possibly negotiation reinstatement of probation. Without knowing more information about the case it's hard to give you a definite answer. Maybe you could ask the question again with more detail.

2 Answers | Asked in Criminal Law for Tennessee on
Q: In the state of tn if u overdose can u be charged and violate state probstion?
Shanone Emmack
Shanone Emmack
answered on Mar 25, 2020

Depends. If there were illegal drugs around you when you overdosed then you can be charged with simple possession and possibly drug paraphernalia. A new charge will violate your probation. Depending on the drug, there could be mandatory jail time on top of the jail time you might serve for... View More

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1 Answer | Asked in Criminal Law for Tennessee on
Q: If stopped for following too close and drugs are found and you dont get citation for the offense you were stopped for

Does that make it an illegal search

Shanone Emmack
Shanone Emmack
answered on Mar 24, 2020

If you were following too closely then the police had a right to stop you for a traffic violation.

Once stopped , the police needed a reason to search your car. If the police saw drugs in plain sight, smelled possible marijuana, you consented to a search of the car , (along with a couple...
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2 Answers | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: My fiance's ex wife is keeping his son from him on his weekends due to the coronavirus. Is there anything we can do?

She is threatening him with child support court and saying he will be in jail all because he wants to see his son and she is scared he will catch the virus. She isn't allowing him to pick his son up this weekend and she didnt give him his 1/2 of spring break. This is not this first time she... View More

Shanone Emmack
Shanone Emmack
answered on Mar 24, 2020

We are in new times with the coronavirus and people are scared and anxious. However, if the ex wife is going against the custody agreement then she could be help in contempt. I would suggest talking to a family law attorney and , if needed, set a court date to go in front of a judge and discuss the... View More

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