Questions Answered by Mr. Kent Thomas Jones Esq.

Q: My 9 yr old was slammed on his back twice by bs gym teacher

1 Answer | Asked in Criminal Law, Personal Injury and Education Law for Tennessee on
Answered on Feb 13, 2019
Mr. Kent Thomas Jones Esq.'s answer
From my experience with DCS, they are fairly active in cases like this. Your other alternative is to file a lawsuit against everybody involved: the school principal, the gym teacher, the school and anyone else involved. When you are dealing with a school system, there may be initial administrative hurdles to overcome first. It will be too complicated to do yourself. You should find an attorney that will consult with you on price and approach.

Q: I work for the state and a contractor. The contractor refuses to train me.

1 Answer | Asked in Employment Law for Tennessee on
Answered on Feb 10, 2019
Mr. Kent Thomas Jones Esq.'s answer
Generally speaking, the State of Tennessee is an Employment at Will State. That means that you can get demoted or terminated for virtually any reason at all. The exceptions to this rule are if you are demoted or terminated for an illegal reason or a reason protected by contract. If you have a contract, then read it carefully. Examples of illegal demotion or termination include, but are not limited to: Termination based on race, sex, age or religion, whistleblower violations (turning in a...

Q: I have been ordered to pay my public defender $200.00 if I fail to pay can I be arrested and jailed until I pay him?

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Feb 4, 2019
Mr. Kent Thomas Jones Esq.'s answer
It really depends on the circumstances and the nature of the order. If he has already defended you, and your case is over, then it seems like more of a civil debtor/creditor situation; however, with a direct order from the criminal court, it is probably more, so arrest is a possibility. You can usually get $200 just about anywhere. I would suggest paying him or her.

Q: What can you do when someone makes false domestic violence reports to police?

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Tennessee on
Answered on Feb 4, 2019
Mr. Kent Thomas Jones Esq.'s answer
That is a difficult issue; however, it is one that occurs regularly. The accuser does something physical to you then calls the police and states that you have done something to him or her. You may get arrested. It is important to document the details of the situations and have witnesses and pictures if possible. If you go to court without an attorney and he or she shows up to prosecute, then it will be difficult to dig yourself out of the situation, especially if you have a criminal record...

Q: If I voluntarily went to the police station for interview for being accused of a crime and my rights weren’t read...

2 Answers | Asked in Criminal Law for Tennessee on
Answered on Feb 3, 2019
Mr. Kent Thomas Jones Esq.'s answer
Miranda rights are procedural in nature. If they are not given, that does not necessarily mean that you cannot be proven guilty, but, yes, statements can be thrown out.

Q: Is there a chance a good lawyer can prove no consent to search was giving if the officer had, no video of traffic stop

2 Answers | Asked in Criminal Law for Tennessee on
Answered on Jan 30, 2019
Mr. Kent Thomas Jones Esq.'s answer
Yes. If there is no evidence of something like a broken taillight or lights being turned off when it is raining or dark, then it is possible that a good lawyer can disprove that the condition occurred.

Q: hi, so this is my first time ever in trouble with the court of law and I’ve beeb charged with possession

2 Answers | Asked in Criminal Law for Tennessee on
Answered on Jan 22, 2019
Mr. Kent Thomas Jones Esq.'s answer
I would hire a criminal defense attorney. If you cannot afford one, the court can appoint an attorney for you. If it is truly your first offense, then you may be able to escape the maximum penalty and qualify for pre-trial diversion. This means that you could get a suspended sentence of 11 months and 29 days. If you commit no other offenses during the next year, then you could possibly get your record expunged. It is important that you speak to an attorney as soon as possible. Don't talk...

Q: I am out on pretrial release for a first offense misdemeanor. Imissed my appointment and have court tomorrow.

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Jan 13, 2019
Mr. Kent Thomas Jones Esq.'s answer
It depends on the judge, but you need to make sure and make your court appointment or there will definitely be a warrant out for you.

Q: If someone dies that is on state probation, do I contact someone in the judicial or correction system and let them know?

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Jan 12, 2019
Mr. Kent Thomas Jones Esq.'s answer
If you have the probation officer's number, you can call them. You can also call the court clerk and let them know.

Q: In Tennessee if someone is supposed to go to jail for 45 days is there any provisions available for that person if

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Dec 28, 2018
Mr. Kent Thomas Jones Esq.'s answer
Yes, typically when a client is put in jail, or before they are put in jail, if planned, then you will meet with the nurse and discuss your medical conditions. You can also give them access to your list of prescriptions from your pharmacy. The jail treats different conditions in an order of priority. For example, if you are diabetic and need insulin, you will probably be at the top of the list. If you are in jail, it usuall takes 3 to 4 days for you to start receiving medications. If you...

Q: What is the punishment for a criminal threat?

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Dec 28, 2018
Mr. Kent Thomas Jones Esq.'s answer
Thanks for the question; however, it is not clear and specific enough to answer. Generally speaking, if you are referring to threatening someone with a criminal charge to achieve a monetary gain, then that is extortion. If you are referring to threatening someone with bodily harm, then it is assault. Simple assault can be a Class A or B misdemeanor. A person commits aggravated assault who: (A) Intentionally or knowingly commits an assault as defined above, and the assault: (i) Results in...

Q: A woman has called me and has threatened to harm me. I want her to leave me alone. She called me from her work phone.

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Dec 27, 2018
Mr. Kent Thomas Jones Esq.'s answer
You should be able to press charges. Call the local sheriff's office and speak with a detective about what information they need.

Q: Could I get rehab and how?

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Dec 23, 2018
Mr. Kent Thomas Jones Esq.'s answer
You should immediately consult with local legal criminal defense counsel. Your probation officer will probably make a recommendation, and the court will make the decision. On these facts, I don't think you will get rehab only, but your best bet is to consult with someone locally and discuss the facts with them. The courts do not look highly on VOP.

Q: I have 4small kids 8yr 5 3 and 2. I am need help I really do I have a problem

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Dec 23, 2018
Mr. Kent Thomas Jones Esq.'s answer
You should retract your question. Never publish personal criminal issues.

Q: Who do I pay the money to to get my car back. I’m trying to see what I have to do. I’m lost! My car got seized

3 Answers | Asked in Criminal Law for Tennessee on
Answered on Dec 20, 2018
Mr. Kent Thomas Jones Esq.'s answer
I've had clients go through the process, and sometimes it is far more difficult than you would realize. One client parked his car at the pool at his neighborhood on a Friday night at 7:00 pm. knowing that there would be a ton of cars there the next day. If I remember, he was low on gas. The police contract with a tow yard to tow and keep the car. They will not release the car until the police give authorization. Over a period of 3 weeks, he called every department that he knew about and...

Q: can a person with no priors, not an addict, be forced into impatient rehab based on an officer judging her looks?

2 Answers | Asked in Criminal Law and Constitutional Law for Tennessee on
Answered on Dec 20, 2018
Mr. Kent Thomas Jones Esq.'s answer
If the charge for misdemeanor possession sticks, then a judge could easily order that she report to a rehab facility. The decision would be made on the charge and conviction and not necessarily on her looks. If she has no priors, then it would be in her best interests to obtain a criminal defense attorney to try to get her pre-trial diversion. If she cannot afford an attorney, a public defender or other attorney can be appointed to represent her.

Q: I was involved in accident the guys insurance company is telling me I'm 20% at fault. He got a ticket for the accident.

3 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Tennessee on
Answered on Dec 16, 2018
Mr. Kent Thomas Jones Esq.'s answer
The Tennessee Supreme Court has abolished the doctrine of contributory negligence. McIntyre v. Balentine, 833 S.W. 52 (Tenn. 1992). Tennessee uses a legal doctrine called modified comparative negligence to assign fault. A negligent plaintiff may recover if his or her negligence is less than the defendant's. In other words, the injured party may recover only if he or she is less than 50% at fault. Each defendant is now liable only for the percentage of the plaintiff's damages occasioned by...

Q: Used a revoked license as an ID during a traffic stop. Passenger, not a driver. Charged with violation of tca 55-50-60.

2 Answers | Asked in Criminal Law for Tennessee on
Answered on Dec 16, 2018
Mr. Kent Thomas Jones Esq.'s answer
The possible consequences are: Class C misdemeanors: Not more than 30 days in jail and up to $50 fine. The best way to resolve is to consult with a local criminal defense attorney. If you cannot afford one, one will be appointed for you.

Q: My son had a felony warrant for vehicular homicide in Tn. He was driving to work when wrecked and killed passenger.

2 Answers | Asked in Criminal Law for Tennessee on
Answered on Dec 10, 2018
Mr. Kent Thomas Jones Esq.'s answer
If a bond was set by the magistrate at court, once he is booked, he has the right to bond out until his court date. Bondsmen usually charge 10% of the bond; however, if he does not show up to court, he owes it all. If he has no bond, then he will have a court date. This is a very serious offense. He needs to consult or have someone consult with and pay a criminal defense attorney as soon as possible. If he cannot afford to pay an attorney, he has a right to a public defender or someone...

Q: I was not given a drug test before starting a job. However after receiving my check stub I see it was tooken out anyway?

1 Answer | Asked in Employment Law for Tennessee on
Answered on Nov 28, 2018
Mr. Kent Thomas Jones Esq.'s answer
If they never incurred a fee for a drug test, then I think that you have a valid point that it would not be your financial responsibility.

I recommend consulting with local counsel on the issue.

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