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Questions Answered by Kent Thomas Jones
4 Answers | Asked in Criminal Law, Traffic Tickets and Personal Injury for Tennessee on
Q: Can I negotiate with prosecutors for a lesser charge or diversion for a misdemeanor under TN code 55-8-123?

I was charged under Tennessee code 55-8-123 in Robertson County, near Springfield, Tennessee, after I fell asleep while driving a truck, ran off the road, and hit a mailbox. The insurance company covered the vehicle damage, and the mailbox owner replaced it themselves and stated it was okay. I have... View More

Kent Thomas Jones
Kent Thomas Jones
answered on Sep 2, 2025

You really need an attorney, even if TCA 55-8-123 is a misdemeanor. As the old saying goes, it is a fool that represents himself.

By my experience, if you do not have a prior record, you can beligible for diversion. Diversion is like a one year probation. At the end, if you have not done...
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2 Answers | Asked in Criminal Law and Collections for Tennessee on
Q: Is my dismissed criminal case considered open due to unpaid court costs?

I have a criminal case that was dismissed in 2022, but I still have outstanding court costs. I have not made any payments, and I haven't received any notifications or correspondence about these costs. Is my case considered open because of these unpaid court costs?

Kent Thomas Jones
Kent Thomas Jones
answered on Jul 27, 2025

On the positive side, you are not subject to relitigation of the underlying criminal charges. However, the case is not fully closed until court costs are paid. You need to contact the court clerk and pay your costs. If you cannot pay them all at once, then talk to the clerk about a payment plan.... View More

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4 Answers | Asked in Criminal Law for Tennessee on
Q: Am I looking at jail time for shoplifting a $6 spice bottle misdemeanor charge in Tennessee?

I was stopped in a Target for shoplifting a $6 spice bottle. They told me they have caught me on camera doing this before. The police were called, and I received a citation for shoplifting the spice bottle, with the charge noted as a misdemeanor. This is the first time I have been in trouble with... View More

Kent Thomas Jones
Kent Thomas Jones
answered on Jun 19, 2025

The answer to your question is it depends. You first indicate that you have have had no other confrontation with the law than a speeding ticket. Then, you stated that you had past shoplifting incidents. Which was it? If there were no previous shoplifting incidents, then you would probably get a... View More

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2 Answers | Asked in Divorce, Child Custody, Domestic Violence and Family Law for Tennessee on
Q: How can I pursue divorce and seek custody or visitation rights for my child after a domestic violence incident?

I am dealing with a situation where my wife, who has a serious mental illness and refuses therapy, left last year with our child and cut off communication in April. A domestic violence report was filed in Alabama when she knocked me unconscious. I've contacted her mother, who described our... View More

Kent Thomas Jones
Kent Thomas Jones
answered on Jun 10, 2025

I am a Tennessee lawyer. For there to be jurisdiction in the State of Tennessee for a divorce, you must have lived with your spouse for the last 6 months in a county in Tennessee before you seperated. You need to consult with a divorce attorney in that county. You can file a Complaint for... View More

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2 Answers | Asked in Criminal Law, Traffic Tickets and Personal Injury for Tennessee on
Q: Is speeding justified in a life-or-death emergency situation?

In a situation where I had to drive my elderly grandpa to the hospital because he was about to die, is there any case evidence or legal precedent that allows speeding in such a life-or-death emergency? I have heard that calling the police during an emergency might make it okay to speed. My grandpa... View More

Kent Thomas Jones
Kent Thomas Jones
answered on Jun 10, 2025

No. In the State of Tennessee, speeding is only justified for appropriate vehicles, such as a certified ambulance and someone with a proper license.

Speeding is not justified for a doctor or a nurse case manager.

However, speeding in an emergency may be considered a mitigating...
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2 Answers | Asked in Employment Law for Tennessee on
Q: I didn't get promoted despite fulfilling conditions and no vehicle.

I've been working at a store where I was promised a promotion to kitchen manager by a manager for over a year. I was told the only requirement was to change my availability, which I did, but I did not receive the promotion and wasn't given a reason. Instead, a new manager was brought in... View More

Kent Thomas Jones
Kent Thomas Jones
answered on Jun 7, 2025

Generally speaking, the State of Tennessee is an Employment at Will State, which means that an employer can terminate you or fail to promote you for virtually any reason, so long as it is not illegal. Some examples of illegal activity are discriminating against you due to your race, age,... View More

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3 Answers | Asked in Divorce, Real Estate Law, Business Law and Family Law for Tennessee on
Q: How to divide joint property in divorce after 25 years in Tennessee?

I have been married for 25 years, and my wife has asked for a divorce. We own real estate, investments, and vehicles, all in joint names. I brought certain properties into the marriage. We do not have any prenuptial or postnuptial agreements, and there are no debts associated with our properties.... View More

Kent Thomas Jones
Kent Thomas Jones
answered on Jun 6, 2025

Generally speaking, in the State of Tennessee, marital property is divided, but separate property is not. All of the property is identified, classified and valued. Tennessee is an “equitable distribution” state, which means that once the property is classified as marital or separate, the trial... View More

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2 Answers | Asked in Criminal Law and Civil Litigation for Tennessee on
Q: Facing assault charges despite self-defense and misleading police report.

I've been charged with assault (Class D) after defending myself from an attacker at my home. The police report alleges that I stabbed him due to losing the fight, but there are inaccuracies, and I believe I'm being railroaded as the attacker might be a police informant. I provided my... View More

Kent Thomas Jones
Kent Thomas Jones
answered on Jun 5, 2025

There are many variables in your case that could make it either difficult or easy. On your side, you do have the fact that you were stricken by the bar. It does not help that the police report did not include that. You will have to get that in with witness testimony and certified records. Are... View More

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2 Answers | Asked in Divorce, Child Custody, Business Law and Family Law for Tennessee on
Q: Seeking legal options for divorce and relocation with job offer

I moved from Texas to Tennessee for my husband’s job while I was 6 months pregnant, leaving behind two stable, high-paying jobs. The move was supposed to be temporary—1–2 years—before returning to our support system and life in Texas. After having the baby, I struggled to find work and took... View More

Kent Thomas Jones
Kent Thomas Jones
answered on May 23, 2025

The jurisdictional requirement for divorce in the State of Tennessee is that it must be the state where you lived together the six months before your separation. I do not know what Texas law is on this subject, and you should contact a good divorce attorney about the requirement in Texas. With... View More

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2 Answers | Asked in Criminal Law, Civil Litigation and Real Estate Law for Tennessee on
Q: How can I address burn permit and reckless burning charges in court?

I started a brushfire that accidentally damaged two of my neighbor’s trees, resulting in charges for not having a burn permit and reckless burning. My neighbor called the authorities, and I am now in court. I plan to replace the damaged trees and would prefer to perform community service instead... View More

Kent Thomas Jones
Kent Thomas Jones
answered on May 21, 2025

You have the right to an attorney. You have the right to not say anything incriminating against yourself. You just came on a public website, which is not good. You should wait for the hearing. At the preliminary hearing, the standard is Probable Cause. That is very easy for the District... View More

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3 Answers | Asked in Criminal Law and Legal Malpractice for Tennessee on
Q: Can't receive discovery documents after guilty plea in TN case.

I was charged and pled guilty to a criminal case in Tennessee in August 2020. Since then, I have tried to obtain my discovery documents. Despite contacting my lawyer multiple times, I have not received any paperwork, and the state hasn't provided anything either. What can I do to obtain my... View More

Kent Thomas Jones
Kent Thomas Jones
answered on May 14, 2025

With respect to your attorney, your file is your property, and you should be able to receive it from him/her upon request. If you are having trouble obtaining your file, you can contact the Tennessee Board of Professional Responsibility.

As far as receiving your file materials from the...
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3 Answers | Asked in Real Estate Law, Landlord - Tenant and Civil Litigation for Tennessee on
Q: Seeking compensation from pipeline company for septic system damage and increased costs.

I own a rental home where pipeline workers damaged the septic system before Easter, leading to sewage flooding. This has occurred twice now. The pipeline company has acknowledged responsibility and is covering cleaning and home repair costs. However, my tenants will need to connect to the sewer,... View More

Kent Thomas Jones
Kent Thomas Jones
answered on May 13, 2025

I would get a good local attorney. You are probably sue them for negligence and recklessnes. You may be suing them for an intentional action, depending on whether they saw your sewer and just ignored it. The damages could be extream. Either they need to reconstruct your sewer or put them on the... View More

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2 Answers | Asked in DUI / DWI and Employment Law for Tennessee on
Q: How to explain pending DUI during job interviews for a sports writer position?

I was arrested for a DUI last month, which I am currently contesting in court. I believe the charges will be dropped once the blood work returns negative. I am interviewing for sports writer positions, with offers requiring background checks from both a newspaper and TNT. How should I explain the... View More

Kent Thomas Jones
Kent Thomas Jones
answered on May 8, 2025

There are many potential angles to your situation. It starts with the application. Most applications ask if you have ever been convicted of a felony or a crime involving dishonesty. Your answer would be no, because a DUI is not a felony or a crime involving dishonesty. However, when you check... View More

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4 Answers | Asked in Consumer Law and Criminal Law for Tennessee on
Q: Steps to prosecute someone who scammed me in Tennessee.

I believe I have been scammed by an individual who claimed to be handling a "high court" case for me. I paid him $2,000-$3,000, and he promised that the court ordered the reps to pay me $6,500, which has not happened. He now claims the money was sent via JPay, but I have not received it.... View More

Kent Thomas Jones
Kent Thomas Jones
answered on Apr 26, 2025

I would think that your biggest problem will be finding him. You have some options. You can file a report of theft with the local police department. You can file a civil action. You can go to regulatory agencies. A civil action will cost you a filing fee. In any of the situations, you are... View More

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2 Answers | Asked in Criminal Law for Tennessee on
Q: Charged with aggravated assault after disagreement with fiancé's mother.

My fiancé and I got into a verbal disagreement. Her mother threatened me with a gun and pulled a knife. I grabbed a knife, scraped them together, and threw them down. Now I’m charged with two counts of aggravated assault, despite not threatening or advancing. There were no witnesses, just us... View More

Kent Thomas Jones
Kent Thomas Jones
answered on Apr 17, 2025

Yes. Regardless of what you did with the knives, they will be considered a deadly weapon. There is nothing that can stop the State from charging you with asault. The lack of witnesses can work both ways. Essentially, it is a "he said, she said" situation.

I think that your...
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2 Answers | Asked in Divorce and Child Support for Tennessee on
Q: Uncontested divorce with child support agreement and no 401(k) division in Tennessee.

I am going through an uncontested divorce after 7 years of marriage. We have two young children and have already put a child support agreement in place. We are not seeking to divide either party's 401(k). What should we be aware of in the divorce process given these circumstances?

Kent Thomas Jones
Kent Thomas Jones
answered on Mar 20, 2025

Typically the courts in the State of Tennessee will sign off on a property division agreement. It should be in a Marital Dissolution Agreement that is signed by each party before a notary. A child support agreement will be more heavily scrutinized. You need to download a Tennessee child support... View More

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4 Answers | Asked in Divorce, Estate Planning, Probate and Personal Injury for Tennessee on
Q: How to challenge a will amendment after husband's passing in TN?

I was married to my husband, Robert Edwin Atchley, for 37 years until he passed away during surgery. Since his passing, I've faced hostility from his family, who have stated I'm no longer recognized as part of the family and have refused to support me financially, despite my ongoing... View More

Kent Thomas Jones
Kent Thomas Jones
answered on Mar 13, 2025

In the State of Tennessee, a will must have signatures from 2 witnesses that will attest that the person is of sound mind and body. Some of the better wills have a notary sign off on the person's signature and the two witnesses. An amendment to a will is a codicil. For a codicil to be... View More

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2 Answers | Asked in Criminal Law for Tennessee on
Q: I failed a drug screen on mistamenor probation what will happened to me when I go to court

It would be my 1st violation

Kent Thomas Jones
Kent Thomas Jones
answered on Dec 10, 2024

Younever exactly know what will happen when you go to criminal court. Usually, it depends on the jurisdiction.

If this is truly your first criminal offense, then you can ask for diversion, which allows you to have your record expunged if you don't get in trouble for a year....
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1 Answer | Asked in Constitutional Law, Criminal Law, Federal Crimes and Juvenile Law for Tennessee on
Q: What happens to someone that makes a false police report and get a Innocent person that’s already on after care arrested

The after care is a requirement for the juvenile to be at home

Kent Thomas Jones
Kent Thomas Jones
answered on Nov 28, 2024

Believe it or not, this happens all the time. Typically, the scenario is this. Someone abuses or threatens another person. Usually, it is a spouse or boyfriend or girlfriend. The person who did the abuse gets scared and calls the police and tells them that they were abused. This can be tough... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for Tennessee on
Q: How long is the tolling law good for that is past the statue of limitations of 6 years on credit card debt in Tennessee?

This is on a credit card from 18 years ago that I have no records of.

Kent Thomas Jones
Kent Thomas Jones
answered on Nov 26, 2024

In the State of Tennessee, the statute of limitations for breach of contract is six (6) years. There are certain ways that the creditors can obtain proof that you admitted the debt within 6 years. It could be a writing that you sent or it could be a recorded call with an admission. If it has... View More

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