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Questions Answered by Don Himmelberg
1 Answer | Asked in DUI / DWI for Tennessee on
Q: Dl revoked for FTA. why am i being told have to have interlock again? Provided again proof of completion

Dui's were 10-11 years old wheb i had device 3 years ago. I waited around 8 years to get it back period. Courts have nothing on this anymore. Served time for FTA. why would i even dream of having to go through this again? Homeland security said i 'slipped through the cracks' so im assuming thats... Read more »

Don Himmelberg
Don Himmelberg answered on Mar 22, 2018

Before you send off any more money to the state, think about talking to an attorney - they will be able to advise you on state laws and regulations, and assist in any paperwork you need to complete to get your life in order; they can also ensure that your rights aren't being violated

1 Answer | Asked in Consumer Law and Criminal Law for Tennessee on
Q: They saw me stealing on camera the last time I was there in a dollar general store. Now, way later are accused & embarr

They searched me had nothing but was told that in my last visit stolen & was caught on camera but no one brought this to my attention. Today I visit they yelled at me to stand an empty my pockets saying I'm a theft and bad mom, embarrassed and holding my fist back. But wait on the cops cause... Read more »

Don Himmelberg
Don Himmelberg answered on Mar 22, 2018

If you are facing criminal charges, you should consider calling a criminal defense attorney. Even theft of goods under $500 is a Class A misdemeanor in Tennessee, and can carry up to 11 months and 29 days in jail and a $2500 fine. A defense attorney will be able to advise you of your rights and... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Need to know what my outcome will be in court
Don Himmelberg
Don Himmelberg answered on Mar 22, 2018

Without knowing any of the charges you are facing or the situation that landed you in court, it is impossible for anyone to tell you what kind of outcome you could be expecting. Have you contacted a criminal defense attorney? They can explain to you what the charges are and what kind of penalties... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: What are options to use to defend against a disorderly conduct charge for fighting?
Don Himmelberg
Don Himmelberg answered on Mar 21, 2018

Disorderly conduct in Tennessee is a Class C misdemeanor that can carry up to 30 days in jail. If you intend to fight the charge, consider talking to an attorney about the best way to approach your case.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Out on bond pending case but arrested on aggravated assault. His bond was revoked but aa was dismissed. Can bond restat

ᕼOᗯ ᑕᗩᑎ YOᑌ GET YOᑌᖇ ᗷOᑎᗪ ᗩᖴTEᖇ ITᔕ ᗷEEᑎ ᖇEᐯOKEᗪ? IT ᗯᗩᔕ ᖇEᐯOKEᗪ ᗪᑌE TO ᗩᑎ ᗩGGᖇᗩᐯᗩTEᗪ ᗩᔕᔕᗩᑌᒪT ᗯᕼIᑕᕼ ᗯᗩᔕ ᗪIᔕᗰIᔕᔕEᗪ. ᒪᗩᗯYEᖇ Iᔕ ᔕᗩYIᑎG TᕼᗩT ᔕᕼE Iᔕ TᖇYIᑎG TO ᔕEE Iᖴ IT ᗯIᒪᒪ ᗷE IᑎᗪIᑕTᗰEᑎT.

Don Himmelberg
Don Himmelberg answered on Mar 21, 2018

It sounds like you have already retained an attorney. They will be the best source of information about your case

1 Answer | Asked in Criminal Law for Tennessee on
Q: im seeking a lawyer to help with ny fiance case and maybe point me in the right direction to help me resolve this issue?

contacting in behalf of my fiance who is being held at west tennessee detention facility corecivic James Fenner 2/17/81 is his dob

Don Himmelberg
Don Himmelberg answered on Mar 21, 2018

Lawyers are not allowed to directly solicit business online. If you believe you need an attorney, online searches, phonebooks, and friends and families are good sources to find someone for you to contact

1 Answer | Asked in Criminal Law for Tennessee on
Q: how many years do u get if u are contributing to the delinquency of a minor? And if you get that minor pregnant?
Don Himmelberg
Don Himmelberg answered on Mar 21, 2018

Contributing to the delinquency of a minor is a Class A misdemeanor in Tennessee, punishable by 11 months, 29 days in prison and up to $2,500 fine.

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: What charge(s) would this be and can i still press them?

9 months ago my ex friend pawned my ps4 without my permission. He called his mom and lied to her about the situation and she pawned it thinking i was ok with it. I orginally said it was ok verbally about a month before but i said "I am no longer contributing to the bills" in writing 3x via facebook... Read more »

Don Himmelberg
Don Himmelberg answered on Mar 21, 2018

If I'm reading this correctly, you are essentially claiming that your ex-friend stole your PS4 and pawned it off, correct? I'm a little confused about whether or not your friend accurately believed he had your permission to pawn the console.

If it is your position that he did NOT have...
Read more »

1 Answer | Asked in Federal Crimes for Tennessee on
Q: I have a felony conviction from 1985 in Tennessee and I need to know if I can still get this expunged ?

statude was 39-6-417 and appears to be amended to 39-17-418. this charge was nolle prosequi.

Don Himmelberg
Don Himmelberg answered on Mar 21, 2018

If you believe your case resulted in a nolle prosequi, you may be eligible for expungement. Consider contacting an attorney to review your options - there have been various laws passed and amended in Tennessee since 1985 regarding this issue, and it can certainly get complicated!

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Tennessee on
Q: Can the states DA issue a "criminal summons" document in lue of an indictment on Tennessee when bound over to Grand Jury

Arrest Date: March 10, 2017. Charge: Domestic Assault / Stop, freeze, frisk. Court Dates: 9x throughout 2017, "victim" never showing in court, DA offering plea of guilty on domestic, stop/freeze/frisk will be dismissed. Defendant: Refused to plea. DA" offered plea of guilty to stop/freeze/frisk,... Read more »

Don Himmelberg
Don Himmelberg answered on Mar 21, 2018

If you are concerned that any of your rights are being violated, including the right to a fair and speedy trial, consider contacting an attorney to review your options

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can u be charged with another crime when u are already getting charged with another one when evidence of another crime

had happen?

Don Himmelberg
Don Himmelberg answered on Mar 21, 2018

Are you asking if additional charges can be levied on top of the original charges? The answer is yes.

If you are confused about charges you are facing, I strongly encourage you to talk to an attorney.

1 Answer | Asked in Criminal Law for Tennessee on
Q: My finance is on probation, he had a month left. He had a firearm that was not registered to him while out walking.

What's next?

Don Himmelberg
Don Himmelberg answered on Mar 20, 2018

What is next is that you need to hire an attorney to represent your fiance.

Failure to comply with the terms of probation means he is probably facing a probation violation charge. The worst-case scenario is the judge will give him the original sentence that was diverted when he went on...
Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: I need to know the total amount of years for eight different charges in Tennessee

Driving on revoked financial responsibility law light law possession of firearm during Commission of felony drug paraphernalia possession of schedule 2 possession of schedule 3 possession of firearm by felon

Don Himmelberg
Don Himmelberg answered on Mar 20, 2018

Those eight charges combine to result in serious jail time - more than a decade. If you or someone you know is facing a charge sheet with all of these on it, I highly recommend hiring an attorney for representation

1 Answer | Asked in Criminal Law for Tennessee on
Q: During a traffic stop can the cops search a locked bag without consent or warrant even if key is there

Can they make you unlock it or can they break the lock to search the container without warrant or consent

Don Himmelberg
Don Himmelberg answered on Mar 20, 2018

Generally, police officers need probable cause or reasonable suspicion to search a vehicle during a traffic stop. If you believe your rights were violated, you should hire an attorney as soon as possible.

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Criminal Law for Tennessee on
Q: I had a person threatened me for trespass for walking my dog on a public sidewalk. What are my rights?

I was walking my dog on a leash with baggie in my pocket just in case. This lady comes out on her mobile chair demanding I keep my dog off her property. I am on the sidewalk. I tell her I don't and show her the container with the baggie in it She then threatened me saying she will have me arrested... Read more »

Don Himmelberg
Don Himmelberg answered on Mar 20, 2018

If you were truly on a public sidewalk (and, say, not on her driveway), then you are not criminally trespassing. As an aside, thank you for cleaning up after your dog!

1 Answer | Asked in Civil Litigation and Criminal Law for Tennessee on
Q: what opportunities do I have if I am accused of RECKLESS ENDANGERMENT POSSESSION OF A HANDGUN WHILE UNDER THE INFLUENCE

I fired the gun in the courtyard of the building where I live

Don Himmelberg
Don Himmelberg answered on Mar 20, 2018

You have the opportunity to go to jail and pay a hefty fine. With that being said, there are defenses available to those accused of crimes while under the influence.

You need to hire an attorney as soon as possible, or ask that one be appointed to represent you.

2 Answers | Asked in Criminal Law for Tennessee on
Q: Do I need a lawyer for a charge of theft for $500 with no prior record?

I am being wrongfully accused of theft by my mother who has Alzheimers or dementia in which she had me sell her property but now claims she didn't authorize it. I have never been in trouble with the law and I have durable power of attorney over her medically and her living will and will for her... Read more »

Don Himmelberg
Don Himmelberg answered on Mar 20, 2018

Regardless of how minor you believe the charges are or how "easy" you think it will be to win a case, you should hire an attorney. You are facing a felony charge with unusual circumstances (you believe the plaintiff has a debilitating mental condition).

Please, hire a good attorney to...
Read more »

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2 Answers | Asked in Employment Law for Tennessee on
Q: In a manufacturing plant is it legal to drug test employees when they produce a product that does not pass quality check

The policy states that an employee who produces parts that do not meet quality check standards and have to remade or reworked in order to pass quality check, said employee will be given a written write up warning as well as be drug tested.

Don Himmelberg
Don Himmelberg answered on Mar 20, 2018

Yes, it is legal for employers to drug test their employees

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