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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Litigation for Tennessee on
Q: What is the statute of limitations to go back on someone if you feel they filed a false police report on you.

The two reports caused two felonies. Is there a time limit to go back in tenn?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 7, 2022

Libel is 1 year and Slander is 6 months.

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: Felony C, 3yr sentences. 200 jail credit. How much time is expected to be served ?

Sentenced 3yrs with jail credit in Arkansas. Fugitive hold in Arizona for probation violation

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 6, 2022

Your offender class determines parole eligibility, which you do not list. It is possible that you would be eligible for parole now if not for the AZ hold for a VOP. Read your Judgment of Conviction verbatim. I am not sure that another State's incarceration can be credited here, but this... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: How do I file motion reinstatement Violated probation

Dismiss charges in city court

Michael Hollins Sr.
Michael Hollins Sr.
answered on Dec 1, 2022

I am not sure what motion you are asking about, however, it is always a good idea to seek the advice of a licensed criminal attorney before submitting documentation to the court.

2 Answers | Asked in Criminal Law for Tennessee on
Q: A charge in TN with aggravated criminal trrspassing how long can be sentenced for he's been in jail over 260 days
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 1, 2022

Either a Class B Misdemeanor 6 months or Class A Misdemeanor 11 months, 29 days. There may be other charges. Where is his lawyer? Call the Court Clerk and find out what he is convicted of or charged with.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: I was charged with possession of methamphetamine, it was a very small amount. I had took it away from my ex girlfriend

Afew mins. Earlier and I guess she called the police on me. I was transported from. the scene by ambulance to the er because the officer felt there was something bad wrong with me and when was checked by the doctor at er it was discovered my kidneys were about shut down. Drug test revealed I had... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 30, 2022

Citations can be issued for Felonies in TN. Hire an attorney, and stop talking about what happened on a public forums.

1 Answer | Asked in Juvenile Law and Criminal Law for Tennessee on
Q: if 3 kids vandalized a was thought abandoned house but was sold and the door was unlocked,no private/trespassing signs

and the cops have been informed and have a court date set what could happen to the kids

Michael Hollins Sr.
Michael Hollins Sr.
answered on Nov 29, 2022

No one could tell you for sure what would happen prior to a judge hearing evidence in a case. However, it sounds like these kids need representation from an attorney who will look out for their futures. Depending on the charges, the kids' lives could be impacted in a negative way.

I...
Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Tennessee bail questions

Kidnapping aggravate assault criminal summons

Is this a court appearance or do you think it will require bail.

P.s it was a very simple old school guy fist fight and the loser is a baby

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

Criminal Summons is a Citation to appear to answer for a criminal charge. No arrest at this time but you will probably have to be booked. So no arrest, no bail needed (at this time). Those are both serious Felonies and you will need to hire a competent attorney to show up with you at Court.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can I get violated on parole for the first time if the charge I picked up was dismissed and expunged
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 29, 2022

Yes you can as only a violation is necessary for VOP. Hire an attorney to represent you, but it sounds good for you.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a lawyer that allowed a convicted felon use a gun registered to the lawyer get in trouble? Had formal knowledge

The lawyer knew about the person's felony. The guns were used to kill coyotes in chickens

The lawyer is the one threatening to go to police over a different gun that was a gift from someone that was not kept by the felon.bit the lawyer wants..

Cayley Turrin
PREMIUM
Cayley Turrin
answered on Nov 28, 2022

Potentially. That lawyer should not be giving weapons to anyone with a felony and that felon should not be taking them.

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... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
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.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can I carry my prescribed to me Adderal without it being in the original bottle?

I take my medication in the morning before work and afternoon while at work. I don't want to take my entire bottle to and from work and risk it being stolen or lost. I also can't go out to my car during my shift and must bring it inside with me. So I put one pill in the tiny pocket in my... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 23, 2022

Carry a copy of the Prescription with you when you have the single pill.

1 Answer | Asked in Criminal Law for Tennessee on
Q: In the state of TN is it legal to purchase a fire arm with 2 misdemeanors?(Burglary and vandalism)&active probation.

My co-workers house got broken into, so she would like to protect herself but has those misdemeanors and is scared to ask for advice from any legal representative EDIT: her charges have been dropped from felony to misdemeanors, and will be expandable AFTER probation period has ended

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 22, 2022

Burglary is never a Misdemeanor, so a conviction will be fatal. She will not pass a NCI, but if she has no firearm disabilities, she can possess firearms and ammo. It sounds like she needs an attorney to examine her criminal history as she is confused.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Someone is telling the police that I sold them drugs. This is not true.

I have a prior drug charge from 10 years ago and I am worried about what could hapoen.

Michael Hollins Sr.
Michael Hollins Sr.
answered on Nov 17, 2022

If charges are brought against you, make sure you hire a criminal attorney to review the police findings carefully.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Tennessee on
Q: Is it possible to get someone out of prison after doing half the sentence in Tennessee. He never got credit for county.

He had a plea deal. The DA told him to take the deal or they would give him more time at trial.

After the plea deal they added 3 years to his sentence. He pled guilty to auto theft and got 25 years. He is housed with another inmate who got the same sentence for 2nd degree murder.

Cayley Turrin
PREMIUM
Cayley Turrin
answered on Nov 17, 2022

I would ask the attorney that handled his case to look into this.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can my statement to police be thrown out or inadmissiblein court if I was impaired due to drug use in Kingsport Tennesse

I had already been arrested and was in the cell in the jailhouse when they pulled me out and questioned me about me and my son selling drugs in which we did not but can my statement be inadmissible because I was intoxicated on drugs?

Cayley Turrin
PREMIUM
Cayley Turrin
answered on Nov 17, 2022

I would hire an attorney to look into your case and this situation. It is very case specific.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I'm in Tn was charged with 911 abuse on Oct 15th. A few calls were to 311 which phone repair man suggested( renters cut

Phone lines. How many calls per day in Tn can a resident in danger place?

Cayley Turrin
PREMIUM
Cayley Turrin
answered on Nov 17, 2022

If you are actually in danger then as many as needed. If you are not in danger then zero.

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Tennessee on
Q: What rights do I have and what should I do moving forward?

I saved someone whos heart had stopped, they became stiff, unresponsive and blue. i got pulse back and held it until the cops and emt arrived. They mysteriously found drugs in my property, which I told them specifically that I wasnt comfortable with because i was alone and frazzled and hAd also... Read more »

Cayley Turrin
PREMIUM
Cayley Turrin
answered on Nov 17, 2022

I would suggest hiring an attorney asap on this matter.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My ex was arrested for dv after beating me. I was trying to leave. Finally got out. How am I protected now?

I have been getting beat and verbally abused for years by him. I was arrested 3 times because he called in as the abused and I was protecting myself from me extensive injury. My charges were dropped. I lived with him the whole time even though I was legally not allowed in his home. Until last... Read more »

Cayley Turrin
PREMIUM
Cayley Turrin
answered on Nov 17, 2022

I suggest hiring an attorney or getting one appointed to ensure that that does not happen.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: If I was given my civil rights back in both states I was charged (TN&KY), do I qualify for a class e felony?

I was not on parole/probation; I received my rights back in June of 2020; I’m being charged with a class b felony or a c right now; I’m hoping it can be mended down to a class e which carries 1-6 yrs @30%.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 17, 2022

That would be a very large reduction in the criminal charge. Hire a competent TN attorney to represent you.

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