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Questions Answered by Don Himmelberg

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on

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

So, about two years ago a friend of mine had been charged with aggravated assault. An angry ex had done this to get back at him, but the charges were dropped. That's what his lawyer told him, but recently after his ex started speaking about wanting him arrested. The cops show up and arrest him on... Read more »

Don Himmelberg answered on Apr 24, 2018

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... Read more »

1 Answer | Asked in Criminal Law for Tennessee on

Q: Simple possession whats penalty

In Loudon county tn what punishment do they usually give for first simple possession charge in there county.

Don Himmelberg answered on Apr 10, 2018

Simple possession is usually a Class A misdemeanor, punishable by up to 11 months 29 days in jail

1 Answer | Asked in Criminal Law for Tennessee on

Q: What class misdemeanor is theft of merchandise when the dollar amount is roughly 300

Don Himmelberg answered on Apr 10, 2018

Class A misdemeanor

1 Answer | Asked in Criminal Law for Tennessee on

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

His main probation is in the boro but had it transferred to Springfield, Tn. When he went to jail a year or so ago he signed a language. When he signed it was supposed to be 3 years to serve if any violations to the terms. Well, he got caught driving on a suspended license. My niece 18 and our baby... Read more »

Don Himmelberg answered on Apr 5, 2018

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.

1 Answer | Asked in Criminal Law for Tennessee on

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

I was the one that brought the charges and was the result of over medication. He is clean and has had no other charges since then. Is there a way to have this not hold back his career?

Don Himmelberg answered on Apr 5, 2018

An assault conviction cannot be expunged in Tennessee.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on

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?

It was all because I wanted to move to be with my fiancee

Don Himmelberg answered on Apr 3, 2018

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.

1 Answer | Asked in Criminal Law for Tennessee on

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

Opened door with a locksmith present...he allowed me to open it and made keys...and car was parked with 4 way flashers gf was in drivers seat and the car wasn't moving. I gave her the cat and it jumped in the back onto the baby...She jumped in the back and I was shutting the door when the police... Read more »

Don Himmelberg answered on Apr 3, 2018

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.

2 Answers | Asked in Criminal Law for Tennessee on

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

a four year sentence and served the sentence in its entirety, and was released December, 2012. Since release, I have not gotten into any further trouble, have built a wonderful life for myself, and have demonstrated specific acts of a person of high moral character. I attempted to have my record... Read more »

Don Himmelberg answered on Apr 3, 2018

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... Read more »

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1 Answer | Asked in Criminal Law for Tennessee on

Q: Does the property have to recovered off the individual

Don Himmelberg answered on Mar 30, 2018

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.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on

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

The gas station attendant called a towing service to have the car towed. The car sat in the tow yard for 33 days before I discovered the stolen car was at this tow yard. The tow company wants $1,400 for the charges towing and storage. They are not willing to come down on the price to release... Read more »

Don Himmelberg answered on Mar 28, 2018

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...
Read more »

1 Answer | Asked in Criminal Law for Tennessee on

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

Don Himmelberg answered on Mar 27, 2018

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...
Read more »

2 Answers | Asked in Consumer Law, Contracts and Criminal Law for Tennessee on

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

Don Himmelberg answered on Mar 27, 2018

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);... Read more »

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2 Answers | Asked in Criminal Law and Landlord - Tenant for Tennessee on

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

If a person that is living in my RV after being asked to vacate the RV, tells my sister to tell me, "he will leave only if I give him the RV", is that extortion?

Don Himmelberg answered on Mar 26, 2018

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.

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1 Answer | Asked in Criminal Law for Tennessee on

Q: Is 3rd degree sex offence a felony

Don Himmelberg answered on Mar 22, 2018

It is not exactly clear what you mean by "3rd degree sex offence," but virtually every sex crime in Tennessee is a felony

1 Answer | Asked in Criminal Law for Tennessee on

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

This allegedly took place 8 years ago with a minor.

Don Himmelberg answered on Mar 22, 2018

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...
Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Juvenile Law and Sexual Harassment for Tennessee on

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

If DCS states that an incident that occurs with two kids under the age of 13 is not considered abuse, how do some kids get put on the sex offender registry? And some of them get sent to detention centers. Does it depend on the incident, I know rape and fondling are vastly different.

Don Himmelberg answered on Mar 22, 2018

Yes, generally placing a juvenile on the sex offenders registry is incident-specific

1 Answer | Asked in Criminal Law for Tennessee on

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

Will this help me in court because she is consistently pursuing me

Don Himmelberg answered on Mar 22, 2018

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.

1 Answer | Asked in Criminal Law for Tennessee on

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

Don Himmelberg answered on Mar 22, 2018

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.

1 Answer | Asked in Workers' Compensation for Tennessee on

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

I was on the clock at work and sent to the doctor's appointment while on the clock

Don Himmelberg answered on Mar 22, 2018

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

1 Answer | Asked in DUI / DWI for Tennessee on

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

I was told that I have to install a interlock for a period of one full year regardless. Even if I choose to drive 10 years from now I still have to

Don Himmelberg answered on Mar 22, 2018

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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