Questions Answered by Mr. Kent Thomas Jones Esq.

Q: Is it legal to search someone walking alongside the road having commited any apparent crime

1 Answer | Asked in Criminal Law and Constitutional Law for Tennessee on
Answered on Apr 22, 2019
Mr. Kent Thomas Jones Esq.'s answer
Generally speaking, a police office has to have probable cause to search and arrest you. This is a low standard. However, if you appeared to be on drugs, then it may have been public inoxication. I would suggest that you obtain a crimainal defense attorney as soon as possible.

Q: What is the penalty for filing a false arrest warrant?

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Apr 18, 2019
Mr. Kent Thomas Jones Esq.'s answer
I suppose that you may want to get an attorney.

Q: Does a 30 suspended jail sentence stay in your permanent record?

1 Answer | Asked in Criminal Law and Animal / Dog Law for Tennessee on
Answered on Apr 15, 2019
Mr. Kent Thomas Jones Esq.'s answer
You can't make a determination simply on those facts. If it is pre-trial diversion, because the individual didn't have a prior record, then they probably have the capability to apply to have it expunged at the end which would take it off the record. If it was not a pre-trial diversion situation, i.e., there have been prior convictions, then it is possible that it could go down on the record forever if it was a conviction or plea of guilty. You really need to consult with an individual...

Q: is discussing local news that involves someone at work classifiable as gossip and fire able offense.

1 Answer | Asked in Employment Law for Tennessee on
Answered on Apr 14, 2019
Mr. Kent Thomas Jones Esq.'s answer
I think that you have partially answered your own question. Generally speaking, Tennessee is an employment-at-will State, which means that you can get terminated for any reason or no reason at all, so long as the reason is not illegal or you are protected by contract. Examples of "illegal" activity include, but are not limited to whistleblowing (i.e., turning in the company for illegal activities), being terminated for filing a workers' compensation claim, race, age, sex or religious...

Q: What to do abut my husbanD assault me an one of our children and the judge gives him temporary custody

1 Answer | Asked in Child Custody, Criminal Law and Divorce for Tennessee on
Answered on Apr 13, 2019
Mr. Kent Thomas Jones Esq.'s answer
At this point in time, your case is far more factual than legal. On this question and answer forum, we attempt to help individuals by providing simple explanations about the law. Your issue needs the attention of local counsel, who can ask you the appropriate questions to communicate with the judges and other officials involved to resolve the crisis in your favor. You have a constitutional right to counsel. If you cannot afford an attorney, one can be appointed for you.

Q: Can my husband be sent back to prison for a technical violation while on parole for a long period of time?

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Apr 8, 2019
Mr. Kent Thomas Jones Esq.'s answer
There is simply not enough information to answer this question clearly. If he was called in, there was a reason. I can certainly tell you from experience that the courts and district attorneys do not like it when people do not report. Ultimately, if he keeps proceeding down that path, he could end up with more jail time that could even be close to the sentencing for the original crime. If he cannot determine why they want him back, he needs to consult with a local criminal defense attorney.

Q: If a defendant is charged with 1st degree murder initially is it true that the prosecution can only offer a plea deal of

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Apr 4, 2019
Mr. Kent Thomas Jones Esq.'s answer
The answer to your question has many dimensions. There are minimums and maximums that any District Attorney must abide by. That being said, the nature of a plea offer is going to vary from jurisdiction to jurisdiction. When you are talking about 1st or 2nd degree murder and serious about it, a clean record outside of a DUI is really not going to mean that much. I would suggest that you seek assistance of educated local criminal defense counsel as soon as you can.

Q: I want to know about suspended sentence

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Apr 3, 2019
Mr. Kent Thomas Jones Esq.'s answer
If he was convicted or plead, then he had 10 days to appeal. Generally, I would say no; however, criminal law differs from jurisdiction to jurisdiction, so your best bet is to consult with a local criminal defense attorney in that area to see if anything can be done.

Q: If while incarcerated I catch my 2nd violation of bond conditions in TN what am I facing in sentencing?

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Apr 2, 2019
Mr. Kent Thomas Jones Esq.'s answer
I don't think that I will be the first person to tell you that courts don't like this. Skipping out on bond and Violation of Probation really puts you in a bad place. In a VOP situation, a sentence will be based loosely on your original charge and conviction, even if you completely served all of your jail time for it. I would consult with a local criminal defense attorney.

Q: What is the punishment for theft in TN if the amount stolen is unknown?

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Mar 29, 2019
Mr. Kent Thomas Jones Esq.'s answer
Like most other crimes, theft is graded in the State of Tennessee, according to amount. I would think that ultimately a determination is going to have to be made as to how much was stolen.

Q: Will I face jail time on a misdemeanor shoplifting charge in Tennessee?

2 Answers | Asked in Criminal Law for Tennessee on
Answered on Mar 21, 2019
Mr. Kent Thomas Jones Esq.'s answer
Maybe, but I think you will get a fine. You need to consult with a local attorney. Avvo has a good Find a Lawyer feature.

Q: Does TN offer house arrest or good behavior sentence reduction for misdemeanors? Serving 6 mths of 11/29 sentence.

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Mar 20, 2019
Mr. Kent Thomas Jones Esq.'s answer
Yes. You may have an initial jail period, but is available.

Q: I want to drop charges dimastic and fauls inprisment charges drop

2 Answers | Asked in Criminal Law for Tennessee on
Answered on Mar 14, 2019
Mr. Kent Thomas Jones Esq.'s answer
That is not a question.

Q: I'm located in Bledsoe county Tennessee. My husband was in court Friday and the judge revoked his bond for no reason.

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Mar 9, 2019
Mr. Kent Thomas Jones Esq.'s answer
I'm not sure what your question is. Usually there is a reason. I would consult with a local criminal defense attorney. If you cannot afford one, the Court can appoint one for you.

Q: Can employer just stop scheduling or schedule you outside availability when you were hired for specific job?

1 Answer | Asked in Employment Law for Tennessee on
Answered on Mar 4, 2019
Mr. Kent Thomas Jones Esq.'s answer
Generally speaking, the State of Tennessee is an Employment-at-Will State, which means that you can be terminated or demoted for any reason whatsoever, so long as it is not illegal or protected by contract. I would look to see if you have a contract with the employer. Examples of illegal activities include, but are not limited to, being fired for turning in a workers' compensation claim, violations of the Americans with Disabilities Act, violations of the Family Medical Leave Act, termination...

Q: If E-mail or US mail is sealed or unopened is it protected from search and seizure?

1 Answer | Asked in Criminal Law and Constitutional Law for Tennessee on
Answered on Mar 1, 2019
Mr. Kent Thomas Jones Esq.'s answer
No. If there is suspicion leading that there is probable cause that there is something in it than should be, then it can be searched.

Q: My daughter is 17 and was written a citation to appear in court for shoplifting. What I can I expect to happen?

3 Answers | Asked in Criminal Law for Tennessee on
Answered on Feb 26, 2019
Mr. Kent Thomas Jones Esq.'s answer
It is not uncommon for someone of her age to be tried as an adult. In Tennessee, theft from $500 to $1000 is a Class E felony. TCA Section 39-14-105(2). It is punishable from 1 year to 6 years in prison. The fine is up to $3000.

A felony conviction is very serious. Yes, she should obtain local counsel.

Q: Hello, I am just asking for some legal advice to help a friend. They have/had a warrant that's over 10 years old.

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Feb 25, 2019
Mr. Kent Thomas Jones Esq.'s answer
Warrants are sometimes difficult. I did have one situation where the guy had 2 five year old warrants. He had an excuse. He had been in another state having heart treatment. The warrants were for costs. We worked out a deal where he agreed to a payment plan on the warrants, and the judge did away with them. In another case a guy had paid restitution, but the court would not allow him out of a capias warrant that was over 3 years old without turning himself in to be arrested. So, it seems...

Q: What is the Penalty of unlawful possession of firearms And it’s the first charge ever in Tennessee

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Feb 22, 2019
Mr. Kent Thomas Jones Esq.'s answer
Tennessee Code

Title 39 - Criminal Offenses

Chapter 17 - Offenses Against Public Health, Safety and Welfare

Part 13 - Weapons

39-17-1307 - Unlawful carrying or possession of a weapon.

39-17-1307. Unlawful carrying or possession of a weapon.

(a) (1) A person commits an offense who carries with the intent to go armed a firearm, a knife with a blade length exceeding four inches (4²), or a club.

(2) (A) The first violation of...

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