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Tennessee Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: The Police wouldn’t arrest the burglar that tried to break in. Is that a violation of Equal Protection?

The Police quickly caught a burglar that tried to break into my apartment. The Officer said that burglar was homeless and likely had schizophrenia. He wouldn’t arrest, didn’t want to fill out a Police report and only wanted to take him across town and drop him off.

The same burglar... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Oct 4, 2022

You can try to contact a Magistrate yourself by going through the General Sessions Court Clerk, but you probably do not have sufficient information. You can also complain to the Knox County District Attorney General, who might arrange for you and the LEO to swear out a Warrant. Hopefully you at... Read more »

1 Answer | Asked in Divorce and Probate for Tennessee on
Q: Couple separated for years, divorce underway, wife passes away, living in different states

My wife and I were in the process of divorcing when she passed away last week. She lived in Illinois, I live in Tennessee. We had been separated for nearly 25 years. I initiated the divorce. We have no property to divide, nor did she have power of attorney or a will to my knowledge. She had no... Read more »

Bennett James Wills
Bennett James Wills
answered on Oct 4, 2022

You should discuss all this with your attorney. But if she passed during the divorce proceeding, then there's no more divorce. Depending on her estate, you may and likely are entitled to some, if not all, of her assets. The issue would need to go to probate in Illinois since that's where... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: If police officers do not possess a warrant, and they go in and arrest someone in someone else's home is it legal.

And what if the person who let them in does not own the residence?

Bennett James Wills
Bennett James Wills
answered on Oct 4, 2022

More facts would be needed. If they had an arrest warrant for someone and were otherwise let into the house then there's probably not an issue. Plus there are many exceptions to the warrant requirement regarding searches, seizures, etc. Consult counsel to determine whether any rights were violated.

2 Answers | Asked in Divorce for Tennessee on
Q: I got married in may and want annulment.

We don’t have sex it me it makes me sick

To my stomach.. I listened to him and let him coerce me about the marriage. He retired and said we had to get married by may 31 on may 25 or I wouldn’t be able to be on ins. He’s looked at my private texts while I slept on the way home from... Read more »

Bennett James Wills
Bennett James Wills
answered on Oct 4, 2022

Consult with a local attorney to determine your options for divorce.

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2 Answers | Asked in Divorce for Tennessee on
Q: I got married in may and want annulment.

We don’t have sex it me it makes me sick

To my stomach.. I listened to him and let him coerce me about the marriage. He retired and said we had to get married by may 31 on may 25 or I wouldn’t be able to be on ins. He’s looked at my private texts while I slept on the way home from... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 4, 2022

Annulments are very rare and difficult to obtain. You might have grounds, but if you can get him to agree to an Irreconcilable Differences Divorce, it will be far cheaper and quicker. Hire a competent attorney to advise about this, including looking for divorce grounds in the near future.

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1 Answer | Asked in Criminal Law and Identity Theft for Tennessee on
Q: What can you be charged with for using someone else's name whenever you are arrested
Bennett James Wills
Bennett James Wills
answered on Oct 4, 2022

Yes. It is a crime to give a false identification.

1 Answer | Asked in Consumer Law for Tennessee on
Q: I paid my car off two months ago and they refuse to send me my title. I don’t know why. Can someone help me?

The person over my account refuses to send my car title. My car was paid off on 8/5/22. The lady gave me a fake tracking number and a fake certified mail receipt. I called the Department of Revenue and told me to seek legal counsel and wouldn’t tell me why.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 3, 2022

Car Dealer probably never owned the car. You will need an attorney to complain to the proper agency and make a claim. A suit may be needed also.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can landlords charge a full month rent to prior tenant when a new tenant moves in part way through the month?

We bought a house and moved out early on our lease extension. We gave thirty days notice and let the property manager show the house to a new tenant. There was zero lag in occupancy and the new tenant is paying more rent. My verbal agreement with property manager was for us to pay rent until a... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Oct 3, 2022

Read your Lease. Prorating Rent is probably not addressed. So filing suit is probably not advised, especially since you quit the Lease early.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What sentencing would two accounts of poss of a controlled substance with intent to sell man dist sched. 2&4 con. Substa

I am curious what the sentencing might be in Shelby county Tennessee for two accounts of possession of a controlled substance class 2 and 4 with intent to sell manufacture or distribute hold? Also what determines whether it was with intent or not? Thank you so much for your time this is very urgent... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Oct 3, 2022

Probably a minimum of 4 years. Talk to your attorney or hire one now. Those are serious Felonies which will affect you for life.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: If the cop put the wrong day on my ticket, can I get it dismissed?

I got a $200 speeding ticket for going 15 over, the cop put down Friday on the time instead of Saturday. Can I get the ticket dismissed?

Anthony M. Avery
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Anthony M. Avery
answered on Oct 3, 2022

Probably not as General Sessions is not a Court of Record and amendments to the charging instrument can be made easily. Go to Court with your TNDL, Registration and Insurance. Hope for some type of diversion.

1 Answer | Asked in Immigration Law for Tennessee on
Q: I am looking to apply for a K1 visa. My fiancé is a 19 year old male from the Philippines. I am 48 years old.

My question is that we met on an adult website and within weeks we fell in love. I have went to the Philippines and met him in person along with his family. While I was there we got engaged. Is meeting on an adult website something that would red flag our K1 visa?

Stephen Arnold Black
Stephen Arnold Black
answered on Oct 2, 2022

A US citizen can sponsor a foreign national for a fiancée visa provided the two have met in person, two years prior to filing the K visa application. There would be no red flag because you met each other on the web. There may be a red flag because of the age difference, and thus your application... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Could I be charged with possession for carrying my prescription drugs outside of their original bottle? I live in TN.
Anthony M. Avery
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Anthony M. Avery
answered on Sep 30, 2022

Yes, it happens alot . Be prepared to go to Court with a current prescription as of the date of the arrest/cutation, without any pills present.

1 Answer | 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??

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 29, 2022

If no charge was made by the LEO's, and no Forfeiture Warrant was issued, then it is an unlawful taking. But did Dad own the vehicle? I suspect more occurred here than what facts are stated. Driving on Revoked TNDL may be a charge in the making, which can take 1 year to initiate. The owner... Read more »

1 Answer | Asked in Federal Crimes and Traffic Tickets for Tennessee on
Q: Federally issued speeding ticket 36 CFR 4.21(c). Result in misdemeanor on record although no required court appearance?

I received a speeding ticket on the Natchez Trace in TN...a federal violation. 36 CFR 4.21 (c) for 72 in a 50. I have been asked to pay a fine of $150 and don’t have to appear in court. (Box B). I have a clean driving record. My question is: if I pay the fine, am I admitting guilt and will this... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 29, 2022

Paying the Citation by mail is a Concviction, and adds 4 points to your MVR. If possible go to Court and act respectful to the US Attorney. It may go better.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Expungement eligibility

I was convicted of a felony that was lowered to a misdemeanor in January of 2019. I am eligible for expungement 5 years from completion of the sentence. I was sentenced to 11/29 suspended to time served. Does the 5 years start from the date my sentence was suspended to time served, or does it begin... Read more »

Cayley Turrin
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Cayley Turrin
answered on Sep 29, 2022

It should be after it is completed.

1 Answer | Asked in Child Custody for Tennessee on
Q: I have residential custody and my son(16) refuses to come back from his mothers house in another state, can I force him?

My son was there for summer when he started giving me ultimatums, saying how hard he was going to make it for me if I didn’t let him stay, I caved and allowed him to stay. I took custody from his mother in 2018 after DCS got involved which she moved to Florida after.

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Sep 28, 2022

I hate to say this, but . . . it depends.

It *appears* your son's absence from Tennessee is temporary and for less than six months, so jurisdiction should still lie with Tennessee and you will need to file something in a Tennessee court.

As there was a prior "removal"...
Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Mortgage and eviction.

If I took out a mortgage on a home and paid 70,000 on said home over a period of years and the property owner passed away and left rights to the property to the children, could they kick me out of the property after I’ve already paid 70,000 on the mortgage?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 28, 2022

It is sounding like you are not the owner. If true, having paid someone else's Note, then yes, the actual owners who are Tenants In Common can sue you for possession. Put together proof of all payments, then hire a competent attorney there, like Herb Patrick, to request a Deed or defend... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Do I need title insurance if I can get a warranty deed for a land purchase?

I want to purchase land in Tennessee on a mountain where the drive to the property is a few miles of gravel road put in by the land developer. The road is NOT county maintained. The title company has heard the developer plans to file bankruptcy and is no longer maintaining the roads.... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 27, 2022

Title Insurance only covers a few problems, and never ensures that the access is maintained. Many Title problems that may arise are not insured risks. And making a valid claim on a policy is very difficult. Have you searched the Title yet, or even actually read the legal description and... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Do restrictive covenants have to be filed with a property description?

Can I just copy a set of restrictions and use them without filing with the deed.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 27, 2022

No legal description of the encumbered property must be recorded with the legal description. However some type of notice to the world where the restrictions apply should be of record, as otherwise the covenants will be worthless and unenforceable. Hire a competent attorney to at least draft a... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Mom passed with a handwritten but unwitnessed will. I "thought" I had engaged a lawyer. But he does not call me back

It's been 3 months. The main thing I remember him saying is "if there is no will, there is no reason to open a probate". What does that mean? If I engage another lawyer can he bill me?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Sep 27, 2022

You can always hire another attorney but when you do, be sure to let the first attorney know that he has been fired so he does not keep working on your file (assuming he is working on it). As a general rule, attorneys cannot bill for services NOT provided, but there are subtle exceptions. Your... Read more »

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