Lawyers, Answer Questions  & Get Points Log In
Tennessee Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Libel & Slander for Tennessee on
Q: I live in union county Tennessee I am 41 terminally ill and physically disabled!!! The Americans with DISABILITY ACT OF

1973 has been broken against me so many times in fact this is my fifth bugged iPhone please help me I have had 4 make officers come in my property I own bought paid for as well as my home and never dispatched a female no warrant and slam me to the floor and drag me out naked and to jail like this... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

If your rights under the Americans with Disabilities Act of 1973 have been violated, you may have grounds for legal action. Documenting each incident with as much detail as possible, including dates, times, and officers involved, is crucial. It is advisable to contact a civil rights attorney who... View More

1 Answer | Asked in Constitutional Law, Criminal Law and Federal Crimes for Tennessee on
Q: Can someone please tell me if Congress passed the motion for sentencing reduction act in 2018 when is it effective?

I need a lawyer who can file a motion for my son.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2023

Congress passed the First Step Act in December 2018, which included provisions for sentencing reductions. The Act became effective upon its signing by the President on December 21, 2018.

If your son may qualify for a sentencing reduction under its provisions, it would be prudent to review...
View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: Ex-roommate non-fatally shot someone and ran and now we feel the police are harassing us

While kicking out our former roommate for doing illegal activities and threatening to harm us. He got into an altercation with our guest and shot him in the hip and went on the run. He hasn't been caught yet but has tried to return and when we told him to leave and that we were calling the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

In a situation where you feel harassed or targeted by the police, it's essential to take several steps to protect your rights and interests:

Document Everything: Keep detailed records of all interactions with the police, including dates, times, names of officers involved, and the...
View More

1 Answer | Asked in Constitutional Law and Civil Rights for Tennessee on
Q: Yes I was homeless I am in rolled in college and was sleeping at a store in my car and the police came out to my car and

They had no reason to ask me to step out of the car for one for two they had a woman cop coming in the man cop patted me down and the woman called never touch me they sent me down on the curb and said do you want to go home or do you wanna go to jail and I said I wanna go home they said will tell... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

It appears that the police officers initiated contact with you while you were in your car without a clear reason, and their actions may have violated your Fourth Amendment rights against unreasonable searches and seizures. The pat-down, also known as a frisk, should typically be based on reasonable... View More

1 Answer | Asked in Municipal Law and Constitutional Law for Tennessee on
Q: Is there a constitutional right violation in township committee zoning laws prohibiting living in an RV on your own prop
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 16, 2023

The constitutionality of zoning laws that prohibit living in an RV on your own property can depend on various factors. Constitutional rights such as property rights, due process, and privacy might be relevant in this context. Courts often consider local government interests in maintaining... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: If someone has been incarcerated since February 23rd and has only had their arraignment in TN is it lawful
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 27, 2023

It is probably a legal detention. Has a bond been set? Does he have an attorney? Is he at General Sessions or Criminal Circuit Court? If the Bond is too high, has he moved to lower it? These are all questions that should be addressed to his attorney. He probably needs to be... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: How can the officer add deadly weapon to my reckless endangerment charge after my paperwork States reckless endangerment

They added it after I bonded out of jail.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2023

That was probably at General Sessions Court initially. LEO swearing out AWs can easily ask Judge to amend it or issue more AWs. It becomes a more formal process when Grand Jury Indictments are returned. Any defenses need to be brought up at the Preliminary Hearing on the Warrants.

1 Answer | Asked in Constitutional Law, Criminal Law and Traffic Tickets for Tennessee on
Q: I got pulled over mid Jan for driving on revoke an the police officer that pulled me over ask me snitch an he let me go

I told him yes an he let me drive off an continue driving until he pulled me over Feb 6 an charged me with driving on revoked again. I'm currently pulling my jail sentence for the Feb 6 revocation. They came today an said I have court for the driving on revoked from Jan because I was unable to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2023

It is not legal for law enforcement to coerce or threaten someone to provide information or act as an informant in exchange for leniency in their own criminal case. This is a violation of the individual's rights and can lead to further legal consequences for the officer.

If you were...
View More

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Yes, I want to know if I can do anything about being discriminated against more than 2 times. One time the guy quit

The other few times I was made to drive a tow motor without knowing how, so my boss then taught me, another discrimination was the driver for the company ask me what my husband & i was going to do for Black History month. I treated these kids as my own and was hurt really bad. They would tell... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

It is possible that you may have a legal claim for discrimination and/or retaliation under federal and/or state laws. Discrimination based on race, gender, or other protected categories is illegal in employment, and you have the right to file a complaint or lawsuit if you believe your rights have... View More

1 Answer | Asked in Domestic Violence, Appeals / Appellate Law and Constitutional Law for Tennessee on
Q: How do i get my right to own a firearm back with an old (2017) misdemeanor domestic charge. For personal & home defense

Old charge from 2017. No weapons involved were involved at all. No other relating charges. Long since separated from significant other (at time). I now live alone and have my daughters off\on. I want to own one for personal and home defense because of this.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

The process to restore your right to own a firearm after a domestic violence conviction varies depending on the state you reside in. Generally, if you have a domestic violence misdemeanor conviction, you are prohibited from possessing a firearm under federal law. However, some states have... View More

2 Answers | Asked in Contracts, Criminal Law, Personal Injury and Constitutional Law for Tennessee on
Q: Can I challenge people to mutual combat if I loan them the nessicary protective gear and offer a waiver in TN?

Recently I was booted by my school, then told if I didn't sign an agreement to pay their parking fees they would keep the boot on my car. I'd like to challenge that staff member and campus officer to mutual combat via fisticuffs (with the nessicary PPE provided by myself).

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

No, it is illegal to engage in mutual combat in Tennessee, even if both parties consent to it. Mutual combat is considered a form of assault and is prohibited by law. Engaging in mutual combat can result in criminal charges and other legal consequences. Additionally, attempting to challenge a... View More

View More Answers

1 Answer | Asked in Constitutional Law and Domestic Violence for Tennessee on
Q: I pleaded guilty to a domestic violence charge 25 years ago in Tennessee,Why can’t I get my constitutional right back?

I would like to hunt and protect myself but I feel helpless.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2023

Domestic Assault is worse than some Felonies, and you should have known that 25 years ago prior to pleading. I assume that conviction is on your NCIC. You may wish to examine the legal weapons you can possess. There are muzzleloaders that can kill an elephant.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: (Franklin, Tennessee) Does "39-16-510. Retaliation for past action" apply in the situation described below.

My sister Maureen was pulled over in Franklin, TN because her tabs were expired by 14 days. Maureen knows her rights very well and she calmly and politely stated her rights to the police officer. This upset him and he entered her vehicle, physically removed her from her car, handcuffed her and took... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 19, 2022

Maureen is charged with a serious Felony. She needs to hire a competent attorney now. It appears that she knows nothing about her rights and now the DA is after her. More than likely her suit lacked any merit, and definitely was not a counterclaim. This could get much worse and has been made... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Tennessee on
Q: I was pulled over for expired tabs (only expired by 14 days). The officer physically entered my vehicle, pulled me out..

..handcuffed me, took me to jail. I filed a counter-claim which was never replied to/answered; I gave them 30 days...no reply/so I gave them ANOTHER 30 days/STILL NO REPLY. They ACQUIESCED so I recorded the judgement. Over 1 year passed, NOW they say I am guilty of: 39-16-510. Retaliation for past... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2022

There is no counterclaim to a criminal charge. If the criminal charge was dismissed, you might have had a civil rights action for an illegal arrest. But from the facts given, it does not look like that was the case. You will need to hire an attorney.

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...
View More

View More Answers

2 Answers | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: can you amend update or add to a police report before a trial or if the police report has been adjudicated
John Michael Frick
John Michael Frick
answered on Oct 5, 2023

Police reports are routinely amended and supplemented as new information is discovered or errors are corrected.

View More Answers

1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Constitutional Law for Tennessee on
Q: 4th amendment violation? Worth legal pursuit?

Cops parked in the road I need to travel down to get home. They demand I tell them if I live there, (multiple houses on this road) I ask did something happen. He demands I show my license. I ask if I have been suspected of a crime, he said my failure to identify is suspicious and jerks my car door... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 13, 2023

That would be a GTLA suit which few lawyers know how to file. It appears that you do not have any damages, so I do not recommend filing suit.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Police brutality help
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2023

What is your question?

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Tennessee on
Q: Can I get my license back while making payments on fines from a dui twelve years ago?

I'm now unable to work and disabled but still need to go to doctor visits and the store.

Henry Ambrose
Henry Ambrose pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

You likely need a lawyer for this. If you have fulfilled the requirements of the law at the time of your conviction you may be able to get your license again. If you were required to have an interlock device on your car and did not, you might have to do that and get a restricted license while its... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Tennessee on
Q: Am I eligible for the current Facebook class action settlement?

I received a FB notice about this settlement: Facebook, Inc. Consumer Privacy User Profile Litigation, Case No. 3:18-md-02843-VC, United States District Court for the Northern District of California. After several tries by phone & email, I cannot get a suitable answer to my question from their... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Apr 28, 2023

https://www.facebookuserprivacysettlement.com/#home

Cut and paste this link - Review this page and then there is a link to fill in a claim.

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.