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Tennessee Questions & Answers
2 Answers | Asked in Criminal Law and Municipal Law for Tennessee on
Q: What are the penalties / punishments / consequences for failure to report a dead body?

I understand that it is called a Class A Misdemeanor. What does that mean?

James L. Arrasmith
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answered on Apr 13, 2024

The specific penalties for failing to report a dead body vary by jurisdiction, but in general, a Class A misdemeanor is one of the more serious types of misdemeanors. Here is some general information about Class A misdemeanors and the typical consequences:

- Class A misdemeanors are...
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1 Answer | Asked in Car Accidents for Tennessee on
Q: Need help with a resolved insurance claim that has been reopened 15 months later.

On Aug 8, 2022, my then 18-year-old son, hit a 2014 F150 while backing out of a Texas Roadhouse parking lot resulting in a small scratch/dent in the right rear along with a broken tail light. We offered to pay for it out of pocket however, the insured would not return calls and we later received a... View More

James L. Arrasmith
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answered on Apr 7, 2024

In this situation, you have a few options to consider:

1. Review the initial claim documentation: Carefully review the original estimate, payment receipt, and the letter from the subrogation company stating that the claim was resolved and their file closed. Check if there was any mention of...
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1 Answer | Asked in Child Custody for Tennessee on
Q: Is it constitutional to have to pay a supervision fee to see your child?

I was ordered to supervised by a third party agency visitation. It is$75 for a one hour visit. Resulting in unnecessary financial strain on me if I want to visit my child. How is this legal?!

Hannah Burdine
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answered on Apr 6, 2024

It depends. While true, that interference with parental rights is interference with one of the fundamental sticks in the bundle that composes our liberty interests, the rights of the child to be safe and secure also must be weighed against the parents rights. There shouldn’t be supervised... View More

2 Answers | Asked in Domestic Violence and Immigration Law for Tennessee on
Q: Does my 18-year old child need to file form i-360, in order to submit her adjustment of status package (1-485 & i-765)?

I am at the verge of filing a VAWA petition, based on repeated abuse suffered from my USC spouse. I intend to include my child (18-year old, single and lives in the U.S) as a derivative applicant on my i-360 petition, to enable him file both form i-485 and i-765 concurrently. Since I will be filing... View More

Ghenadie Rusu
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answered on Apr 6, 2024

The USCIS allow for the children of a principal applicant filing under VAWA to be included as derivative beneficiaries if they are unmarried and under 21 years of age. Therefore, your 18-year-old child can be included on your I-360 petition as a derivative beneficiary. No additional I-360 on his... View More

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2 Answers | Asked in Domestic Violence and Immigration Law for Tennessee on
Q: Does my 18-year old child need to file form i-360, in order to submit her adjustment of status package (1-485 & i-765)?

I am at the verge of filing a VAWA petition, based on repeated abuse suffered from my USC spouse. I intend to include my child (18-year old, single and lives in the U.S) as a derivative applicant on my i-360 petition, to enable him file both form i-485 and i-765 concurrently. Since I will be filing... View More

James L. Arrasmith
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answered on Apr 6, 2024

Based on the information you provided, if you are filing a VAWA (Violence Against Women Act) self-petition using Form I-360 as the abused spouse of a U.S. citizen, your 18-year-old child does not need to file a separate I-360 petition. As the principal applicant, you can include your child as a... View More

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2 Answers | Asked in Civil Rights and Criminal Law for Tennessee on
Q: Is it lawful for police to seize a car in which the driver was not in possession of drugs but the passenger was and the

Car did not belong to driver either

James L. Arrasmith
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answered on Apr 5, 2024

The lawfulness of a police seizure of a vehicle in this scenario would depend on the specific circumstances and the applicable laws in the jurisdiction where the incident occurred. In general, under the legal doctrine known as "civil asset forfeiture," law enforcement can seize property,... View More

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2 Answers | Asked in Civil Rights and Criminal Law for Tennessee on
Q: Is it lawful for police to seize a car in which the driver was not in possession of drugs but the passenger was and the

Car did not belong to driver either

Anthony M. Avery
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answered on Apr 5, 2024

It was probably a lawful Forfeiture, as long as a Forfeiture Warrant is issued. DOS will then be involved on the car. If the car is being investigated as a criminal tool, then it is only the Court system involved, and you might get it back upon motion to the Court handling the charges.

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can a property management company demand that I pay Liability to Landlord Insurance where I'm renting?

I received a notice saying: Liability to Landlord insurance is limited to damage to Landlord's property arising from the perils of: fire, smoke, explosion, backup or overflow of sewer, drain or sump, water damage, falling objects, riot or civil commotion.

$100K limit; coverage is per... View More

John Michael Frick
John Michael Frick
answered on Apr 5, 2024

No, unless your lease agreement obligates you to pay for such insurance, the management company cannot simply demand that you pay it. You would have to agree with your landlord that payment for such insurance is part of your obligation under your lease.

1 Answer | Asked in Civil Rights for Tennessee on
Q: How do I file a motion for change of venue in Tennessee civil court?
James L. Arrasmith
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answered on Apr 5, 2024

Here are the key steps to file a motion for change of venue in a Tennessee civil court:

1. Determine valid grounds for change of venue. In Tennessee, reasons can include:

- The county designated in the complaint is not the proper county.

- The convenience of the parties and...
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1 Answer | Asked in Consumer Law for Tennessee on
Q: A dealer sold me a car and said it was in great shape and already had the shop look over it. Now it back

bought a car from a dealer on Mar the 11th drove it for till the 13 and had it towed back to the dealer. the dealer's mech. looked at it changed the plugs & hoses but couldn't find out what was wrong. meanwhile they cleared the code no record of those codes. The dealer had it taken... View More

James L. Arrasmith
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answered on Apr 2, 2024

Based on the information provided, it seems that the dealer may have misrepresented the condition of the car when they sold it to you. If the dealer assured you that the car was in great shape and had been inspected by their shop prior to the sale, but significant issues arose shortly after the... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: How do I get a judge to issue an order to let an investigator look at a car in impound?

The investigator has been denied access to the car multiple times by the local sheriff's department.

Anthony M. Avery
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answered on Apr 2, 2024

If there is a criminal charge then you get an order from the Judge to allow inspection, compelling discovery. If still at Sessions Court, it could be a problem as Discovery is not a procedural right. Usually this would occur at Criminal Court after the Indictment is returned. Is there a... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: I was arrested for a first time public intoxication I spent 4 hrs in jail and was a $100 fine can I have it expunged?

I have had no previous record before

Carla Grebert
Carla Grebert
answered on Apr 1, 2024

The short answer is "not yet." Any offense that was dismissed is immediately expungable. However, convictions are different.

This conviction will be expungable five years after you complete the sentence for it, provided you meet certain requirements. You must have no...
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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What is the difference between normal wear and tear and damage when renting

I recently moved out of an apartment and the landlord is trying to keep majority of the security deposit based off “damage” however it’s just a couple of scratches on the walls where furniture caused friction.

James L. Arrasmith
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answered on Mar 31, 2024

The difference between normal wear and tear and damage is an important distinction when it comes to renting an apartment and determining what costs, if any, should be deducted from a security deposit.

Normal Wear and Tear:

- Occurs naturally over time as the result of normal,...
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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: My hoarder ex-girlfriend moved out of my TN house-there's no lease. She won't get her things. What can I do?

The home is my grandmother's, who moved into a smaller home. We lived there together for 4 years; no lease-no rent. She has moved out but left all her tubs, boxes, and stuff that fills the rooms from floor to ceiling. This was a big reason why we split up. She demands-with no notice-I cancel... View More

James L. Arrasmith
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answered on Mar 31, 2024

In Tennessee, if your ex-girlfriend lived in the house for an extended period and kept her belongings there, she might be considered a tenant at will, despite not having a formal lease or paying rent. However, since she has moved out, you can take steps to address the situation:

1. Written...
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2 Answers | Asked in Business Law, Construction Law, Contracts and Government Contracts for Tennessee on
Q: Do I need a contractors license to bid on a contract in TN if I am only providing materials?

I sell traffic control devices and want to bid on a contract with the county in TN. The price will be above $25,000. Do I need a contractors license to bid if I'm not providing a service? I am a wholesale company only. If so, which contractor license would I need?

Tim Akpinar
Tim Akpinar
answered on Mar 30, 2024

A Tennessee attorney could advise best, but your question remains open for three weeks. Attorneys here aren't likely to know this off the top of their heads. It might be more reliable to check with the purchasing/procurement department manager of the county - it could depend on how they wrote... View More

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2 Answers | Asked in Business Law, Construction Law, Contracts and Government Contracts for Tennessee on
Q: Do I need a contractors license to bid on a contract in TN if I am only providing materials?

I sell traffic control devices and want to bid on a contract with the county in TN. The price will be above $25,000. Do I need a contractors license to bid if I'm not providing a service? I am a wholesale company only. If so, which contractor license would I need?

Henry Ambrose
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answered on Apr 8, 2024

If you are only selling them the device, that should not expose you to Tennessee contractor laws. But if you are performing any work, or paying someone else to perform the work for the installation you probably are subject to the contractor statutes. This question is pretty complicated and will be... View More

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1 Answer | Asked in DUI / DWI and Traffic Tickets for Tennessee on
Q: I owe $15,000 dollars for DUI,s, if I start making monthly payments on them will the state of Tennessee give license
Anthony M. Avery
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answered on Mar 29, 2024

Consult with an attorney after you personally contact the DOS. You will probably need to do most of this yourself, but advice or representation to get paid in full receipts may be needed. There are alot of factors involved, especially completion of all Sentence requirements which you have... View More

1 Answer | Asked in Domestic Violence and Immigration Law for Tennessee on
Q: Can my child file forms i-485 & i-765 if she is a derivative on a VAWA petition that I am about to file.

I am desirous of including my child (18 years old, he lives in the United States) as a derivative of my VAWA petition due to abuse from my USC spouse. I will be filing concurrently forms i-765 and i-485 along with the form i-360. Can my child also file forms i-765 and i-485 concurrently as well,... View More

James L. Arrasmith
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answered on Mar 28, 2024

Yes, your child can indeed file forms I-485 (Application to Register Permanent Residence or Adjust Status) and I-765 (Application for Employment Authorization) as a derivative beneficiary of your Violence Against Women Act (VAWA) petition. When you file your Form I-360 (Petition for Amerasian,... View More

3 Answers | Asked in Tax Law for Tennessee on
Q: A family member who was supposed to have filed my taxes for the past 3 years has failed to do so. I'm positive I owe

back taxes. Where do I start? Should I reach out to the IRS first? Should I file an extension for this year and then find a tax professional to complete the previous years? Should I retain an attorney to protect the one asset that I have, my home, from being liened on by the IRS. Please... View More

Anthony M. Avery
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answered on Mar 28, 2024

Hire an attorney to file those tax returns. Did he not mail the returns after you signed them? There will be failure to file, failure to pay and late filing interest penalties. Hopefully the relative did not receive levy notices already. Check your title for tax liens.

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3 Answers | Asked in Tax Law for Tennessee on
Q: A family member who was supposed to have filed my taxes for the past 3 years has failed to do so. I'm positive I owe

back taxes. Where do I start? Should I reach out to the IRS first? Should I file an extension for this year and then find a tax professional to complete the previous years? Should I retain an attorney to protect the one asset that I have, my home, from being liened on by the IRS. Please... View More

James L. Arrasmith
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answered on Mar 28, 2024

Firstly, reaching out to the IRS directly is a wise initial step. They offer options for those who haven't filed for past years and can guide you on how to proceed with filing back taxes. It's crucial to communicate your situation to them; they can provide forms for previous years or... View More

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