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Questions Answered by Mr. Kent Thomas Jones
2 Answers | Asked in Criminal Law for Tennessee on
Q: Hi, I have a second charge of petty theft. My first charge was 5 years ago and case was deferred and charges expunged.

What am I looking at with second charge. I was told possible 11/29. Would that be jail time or probation?

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 25, 2019

If your charges were actually expunged, meaning no record of them, then this would technically be a first, and you could get 11/29 probation. Definitely hire a lawyer or have one appointed for you.

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1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: They to find out if I can get my two felonies exponged.

Felonies are all car accident related one is aggravate assault, and the other is vehicular homicide.

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 24, 2019

Your question is difficult to understand; however, I don't see anyway you can get felonies expunged. If you are seriously concerned, you should contact a local attorney in your jurisdiction.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If I have a ankle monitor on and I cut it off is that considered a escape
Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 21, 2019

In our jurisdiction (Hamilton County), it is a Class F Felony for which you will be charged.

1 Answer | Asked in Criminal Law for Tennessee on
Q: My daughter was accused of fraudulent returns at her job and pocketing the money to the sum of $1200.

Other than her login information being used they have no proof that she did the charges

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 19, 2019

I would be careful of making any admissions on a public site. If she did not do it, then I would consult with a local criminal defense attorney.

1 Answer | Asked in Criminal Law and Small Claims for Tennessee on
Q: If I have a misdemeanor theft charge from 7 years ago that was expunged and deferred, does 1st charg I get a 2nd charge,

Does 2nd charge count as 1st charge? Does 1st charge exist? Can the 2nd charge be deferred also?

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 16, 2019

I think that you got it reversed. If you do diversion, then your sentence is deferred, then expunged. Regardless, if a record is expunged, then it is not a charge. So, yes, your next one would be a first.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How do i get a court date for an inmate that violated his parole? Failed drug test.
Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 15, 2019

Unless you are an attorney, then you are going to have problems getting a court date for someone you know. Generally speaking, in some jurisdictions there may be something like a 10 day rule before they have to go before a judge. Only an attorney who knows the judge and the jurisdiction well will... View More

2 Answers | Asked in Criminal Law and Traffic Tickets for Tennessee on
Q: Received a citation for no insurance during a lapse in my policy. The day after I purchased insurance. Court date soon?!

I have never been in an accident/never received a ticket before. I stopped my coverage due to car repairs ~awhile~ back and being a full time university student I let my self slip in the financial responsibility. I didn’t have insurance during the time of being pulled over but not even 24 hours... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 14, 2019

You did the right thing it getting insurance. In most of the courts that I go to, they will be okay with you if you have proof of insurance by your court date. Make sure to bring it with you to court.

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2 Answers | Asked in Criminal Law for Tennessee on
Q: If I got a misdemeanor citation drug charge, will probation definitely be a year long?
Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 7, 2019

There is really no such thing as "definite" in criminal law. In most cases, decisions and plea bargains are only made on the day of court, because district attorneys have an extremely high case load.

Any plea offer will depend on the jurisdiction and the district attorney's...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: I have been to court 6 times in a approximately 18 months I have been offered plea bargains

Each time there is some kind of excuse to put it off it's a no consent search issue no motions to suppress have been filed by my lawyer I'm guilty of having a joint but it was a illegal search each time nothing changes I just get a different date to come back shouldn't it either be... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 6, 2019

Seems like you have not found a plea offer that you agree with. Talk to your attorney and see if he can find some leverage to work with the district attorneys to get it down to where you want it. If not, do a scheduling order and set it for trial.

2 Answers | Asked in Criminal Law for Tennessee on
Q: Can a felon on parole live with family members that owns firearms?
Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 1, 2019

You can't be in a house with firearms if you are prohibited from having them.

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2 Answers | Asked in Criminal Law for Tennessee on
Q: Does not the law have to see you or have video of u before the can charge u with casual exchange
Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Oct 29, 2019

There are a variety of ways that the police can gather information on an exchange, which I am assuming is money for drugs or something like that. Yes, actual sight or video are probably the best evidence; however, their first standard is "probable cause," which is a low standard to meet.... View More

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3 Answers | Asked in Criminal Law for Tennessee on
Q: I have a court appointed lawyer who I would like to replace with a private one concerning a criminal case. How do I ask
Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Oct 28, 2019

All you need to do is contact a new attorney, retain him or her, and terminate the public defender. Your new lawyer can do an Agreed Order of Substitution.

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2 Answers | Asked in Criminal Law for Tennessee on
Q: I am trying to search for a lawyer that can help me with a case where my car was seized for drugs.

I am trying to go through legal aid in Tennessee to find a lawyer that can maybe help me with a case where my car was seized because it was driven by someone that was found to have and arrested for having 14 grams of methamphetamine with them in my car. Can you tell me what keywords I should type... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Oct 27, 2019

www.avvo.com has a Find-a-Lawyer feature.

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1 Answer | Asked in Criminal Law and Probate for Tennessee on
Q: Unsupervised Probation Violation by Probation office.

I was put on probation for 2 counts of Sexual Battery, during my probation period I was able obtain unsupervised probation. There was one probation officer that did not like me and was always trying violation me. While on unsupervised few months into my my probation was to end. She was able to... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Oct 27, 2019

I think that you need to obtain a local attorney to investigate the matter. It is difficult to know all the facts online.

1 Answer | Asked in Employment Law for Tennessee on
Q: Can a former employer use a former employee's photograph on their social media page against the employee's consent?
Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Oct 25, 2019

That is a good question. The answer regarding whether Facebook pages can be admissible evidence is in debate. In Massachusetts, a court unamimounsly decided that they could. I have not seen a decision down here. As a criminal defense attorney, the problem, in my mind, is that you cannot state... View More

3 Answers | Asked in Criminal Law for Tennessee on
Q: I live in Roane County Tennessee can they issue a warrant for disorderly conduct a week after the situation happened

My fiance starter got into a fight at school they banned my fiance from the any school property in Roane County and then took a warrant for her arrest for disorderly conduct a week later

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Oct 25, 2019

Yes. You should consult with a local criminal defense attorney.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: A salesman gave permission for a test drive upon the test drive the car was abandon due to no gas the key left in it

The car comes up missing is it theft on the person who left it

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Oct 23, 2019

Why did you leave the key in the car and leave it instead of calling the salesperson?

2 Answers | Asked in Criminal Law for Tennessee on
Q: I am trying to find how "theft by deception" is defined and proven in Tennessee.
Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Oct 22, 2019

§ 39-14-127. Deceptive business practices.

Universal Citation: TN Code § 39-14-127 (2016)

(a) A person commits an offense who, with intent to deceive, in the course of business:

(1) Uses or possesses for use a false weight or measure, or any other device for falsely...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: How long can someone be held in booking that doesn’t have a bond?

My mom has been in booking since 11:30pm 10/19/2019

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Oct 21, 2019

Usually, you have to seee a Judge within 10 days.

2 Answers | Asked in Employment Law for Tennessee on
Q: Can a charge that was withheld adjudication be seen as a conviction on a employment background check

The charges where in Florida I live in Tennessee now. I have disclosed it on my application but was wondering do I have to and how it shows on a background check ? The judge withheld adjudication I plead no contest if that’s the proper saying and the judge with held adjudication in the case

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Oct 19, 2019

What do you mean by "withheld adjudication"? Generally, only convictions and pleas (which are convictions) show up as convictions.

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