Questions Answered by Don Himmelberg

Q: My friend missed a court date without knowing it.

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Answered on Apr 24, 2018
Don Himmelberg's answer
I am a little confused about the exact status of your friends case, but a failure to appear is a felony in Tennessee, regardless of whether your friend knew about the court date or not. He needs to either get ahold of the court clerk or talk to a defense attorney - it is not unusual for a warrant to be issued in FTA cases

Q: Simple possession whats penalty

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Apr 10, 2018
Don Himmelberg's answer
Simple possession is usually a Class A misdemeanor, punishable by up to 11 months 29 days in jail

Q: How hard is it to fight and beat a language after the violation? My fiancé' signed one and it was for 3 years he'd serv

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Apr 5, 2018
Don Himmelberg's answer
Your husband would probably be well-served to hire a criminal defense lawyer. A violation of probation can mean the judge can reinstate the entire original sentence.

Q: My husband is trying to get his private unarmed security guard licence in TN. In 2005, he has an mis assault convictin

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Apr 5, 2018
Don Himmelberg's answer
An assault conviction cannot be expunged in Tennessee.

Q: My dad got in my face and i asked him 3 times to get out of my face. Now he wants to press charges what will happen?

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Answered on Apr 3, 2018
Don Himmelberg's answer
Talk to a criminal defense attorney about your side of the story. If all you did was ask him to stop harassing you, I'm not sure what charges could be filed, but if something else happened you'll want representation. A lawyer will be able to gather evidence, police reports, and interview witnesses.

Q: Vandilism under $250 and driving on revoked license. case dismissed but they want $250 (restitution). Why?

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Apr 3, 2018
Don Himmelberg's answer
Good job not entering a plea without an attorney present. Call a criminal defense lawyer to discuss your case in a more in-depth manner. Driving on a suspended license in Tennessee can carry jail time and fines over $500, so making your next decision in an informed manner is probably a good idea.

Q: In 2010, I was convicted of 5 felonies and one misdemeanor (all drug and theft related, no violence). I was sentenced to

2 Answers | Asked in Criminal Law for Tennessee on
Answered on Apr 3, 2018
Don Himmelberg's answer
Considering it has been less than six years since your release, it may be a little early to petition the court for relief from five felony convictions. At the same time, it may be beneficial to have a lawyer review both your cases and your life since your relief. They will be able to (1) advise whether expungement is even a possibility and (2) give advice as to what steps and life-decisions you need to make or continue to make to further your chances of expungement, if that is a possibility.

Q: Does the property have to recovered off the individual

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Mar 30, 2018
Don Himmelberg's answer
It is unclear what you are asking. If you are asking if, say, police find marijuana near you instead of on you, can they still arrest you? Yes, they can say they have probable cause to believe that that was your marijuana at the scene.

Q: My car was stolen and a police report was filed. Two days later the car was abandoned at a Shell gas station.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Answered on Mar 28, 2018
Don Himmelberg's answer
There is probably nothing illegal about the "type of tow."

Now, if the towing company did something like misreport the license plate number so that the police weren't immediately notified that a stolen car had been recovered, you may be able to get out of some of the fees. You probably want to find out if the towing company notified the police about recovering a stolen vehicle.

There could conceivably be some situation where they towed it 33 days ago but didn't report it until a...

Q: Can a spouse of a convicted felon currently on probation legally own a weapon in Tennessee????

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Mar 27, 2018
Don Himmelberg's answer
Your spouse is not allowed to possess a firearm. Having *access* to a firearm could be enough to prove possession. Therefore, if your spouse could access the firearm, he could be facing significant jail time.

Ultimately, you have to decide if you need a gun bad enough to put your spouse at risk. Consider consulting an attorney with experience in 2nd Amendment matters, as they may be your best source of information. Ask if keeping the weapon in a safe, not traveling with it if your...

Q: Can someone be charged with theft of equipment if they got the equipment back?

2 Answers | Asked in Consumer Law, Contracts and Criminal Law for Tennessee on
Answered on Mar 27, 2018
Don Himmelberg's answer
Yes - returning the stolen item does not "cancel out" the original crime of theft. Returning the stolen item can affect what charges you would face. For example, if you stole a car and tried to "Get away with it," you could face felony theft charges (assuming the car was worth more than $500); however, if you stole your neighbor's new Porsche and took it for a spin around the block before returning it, you may 'only' face joyriding charges, which is a misdemeanor

Q: What kind of evidence is needed to prosecute someone for extortion?

2 Answers | Asked in Criminal Law and Landlord - Tenant for Tennessee on
Answered on Mar 26, 2018
Don Himmelberg's answer
Filing a report at your local police department may be the best course of action. They can investigate the matter and refer the case to a prosecutor if need be. As a general rule, preserving all communications you have had with a person with whom you have entered into an agreement is a good idea.

Q: Is 3rd degree sex offence a felony

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Mar 22, 2018
Don Himmelberg's answer
It is not exactly clear what you mean by "3rd degree sex offence," but virtually every sex crime in Tennessee is a felony

Q: What is the penalty if convicted of sexual battery in Tennessee?

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Mar 22, 2018
Don Himmelberg's answer
Sexual battery is a Class E felony: a fine of up $3,000, 1-6 years in prison, or both.

Aggravated sexual battery is a Class B felony. a fine up to $25,000, 8-30 years in prison, or both.

If you are facing sexual battery charges in Tennessee, hire an experienced criminal defense attorney. These are serious charges with serious jail time and sex offender registration

Q: Child on child abuse question for state of Tennessee.

1 Answer | Asked in Criminal Law, Federal Crimes, Juvenile Law and Sexual Harassment for Tennessee on
Answered on Mar 22, 2018
Don Himmelberg's answer
Yes, generally placing a juvenile on the sex offenders registry is incident-specific

Q: My ex wife has pending stalking charges against me but she consistently sends me nude photos and telling me she loves m

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Mar 22, 2018
Don Himmelberg's answer
If you are facing stalking charges but have evidence that you believe could assist your case, contact a criminal defense attorney and tell him your story.

Q: can offense 39-17-417 be sealed or expunged it happened n 2014 I completed and paid all fines in 4/4/16

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Mar 22, 2018
Don Himmelberg's answer
39-17-417 is a Class E felony, and may be expunged if the sentence was for

three (3) years or less and appears in the below list. If the sentence was for more than three years, it cannot be expunged.

Q: Injured while driving to a doctors appointment for the company I work for. They denied workers comp. Are they liable?

1 Answer | Asked in Workers' Compensation for Tennessee on
Answered on Mar 22, 2018
Don Himmelberg's answer
They could be. Workers compensation questions are usually complicated, and the laws governing them can be even more so. Consider contacting an attorney who can help guide you through this process

Q: Do I have to install a interlock device in Tennessee or can I just wait a year before I drive?

1 Answer | Asked in DUI / DWI for Tennessee on
Answered on Mar 22, 2018
Don Himmelberg's answer
Tennessee laws require the installation of ignition interlock devices for all DUI offenders. If you have an emergency and have to get behind the wheel of a car and that car does not have the required device, you may be subject to additional penalties.

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