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Questions Answered by Mr. Kent Thomas Jones
1 Answer | Asked in Criminal Law for Tennessee on
Q: What is the punishment for a criminal threat?
Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Dec 28, 2018

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... View More

1 Answer | Asked in Criminal Law for Tennessee on
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.

I have taped the calls with an iPhone app. Can I press charges.

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Dec 27, 2018

You should be able to press charges. Call the local sheriff's office and speak with a detective about what information they need.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Could I get rehab and how?

I got my 2nt vilation state probation and I have got a possession of schedule 2 mistmener and possession of schedule 4×2 and failed a drug test could I get rehab

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Dec 23, 2018

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... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: I have 4small kids 8yr 5 3 and 2. I am need help I really do I have a problem

I am on state probation I vilated about six months ago for a theft. I got reinstated and now I have vilated again this to time for possession of a misdemeanor of schedule 2 and misdemeanor possession of schedule 4 x 2 and trying to carry pee I got caught with the pee so I got in trouble for that... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Dec 23, 2018

You should retract your question. Never publish personal criminal issues.

3 Answers | Asked in Criminal Law for Tennessee on
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

I would like to hire a lawyer

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Dec 20, 2018

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... View More

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2 Answers | Asked in Criminal Law and Constitutional Law for Tennessee on
Q: can a person with no priors, not an addict, be forced into impatient rehab based on an officer judging her looks?

She has Excema, and an officer suggested she go into a rehab facility based on her skin condition that day. No prior arrests, and she isn’t an addict. Was only charged with misdemeanor possession bc it was at her friends that she lives with. This is unfair and unconstitutional.

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Dec 20, 2018

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... View More

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3 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Tennessee on
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.

He was ticketed for straddling lanes and improper lane change. I'm I responsible for getting my vehicle repaired as I'm being given the run around by his insurance company. I was also told I'd be responsible for 20% of a rental or cab fees.

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Dec 16, 2018

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... View More

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2 Answers | Asked in Criminal Law for Tennessee on
Q: Used a revoked license as an ID during a traffic stop. Passenger, not a driver. Charged with violation of tca 55-50-60.

What are the possible consequences of this charge? What is the best way to resolve?

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Dec 16, 2018

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.

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2 Answers | Asked in Criminal Law for Tennessee on
Q: My son had a felony warrant for vehicular homicide in Tn. He was driving to work when wrecked and killed passenger.

What rights does he have?

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Dec 10, 2018

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... View More

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1 Answer | Asked in Employment Law for Tennessee on
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?

The job site also did not require a background check but that was tooken out my check as well. I was told to come back to the temp service and take the drug test even though I quit a couple days ago. I was also told it was the law to be charged for a drug test that I did not take and I will not be... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 28, 2018

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.

1 Answer | Asked in Employment Law for Tennessee on
Q: I was fired from my job a month ago and just now received a separation letter after I made 3 request for one.

The reason given was poor job performance however I received no warnings and received a $2.50 raise just a couple weeks before that. The person that fired me is an African American and she replaced me with an African American in fact her whole team is African American. My job performance has always... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 18, 2018

It could be. I think that you need to consult with a local employment discrimination attorney. Race discrimination is illegal. Also, you are in a protected class being over 40 years old.

These cases can be very complicated. From my experience, there are 2 things that really make a case....
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1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: I have a pending claim with the EEOC on my employer for wrongful termination. They offered 18500?

Should i accept this offer and ask for more?

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 6, 2018

Thanks for your question; however, it is impossible to tell you what to accept in settlement, because we don't know all of the facts. In 2002 and 2003, I practiced employment discrimination law exclusively. As I recall, if the case was very good, we would demand what a typical jury verdict... View More

1 Answer | Asked in Civil Litigation and Insurance Defense for Tennessee on
Q: can agent be held responsible for writing up bad life policy

parent had life insurance policy since 80"s and the agent agreed to pay the difference yearly because he wrote policy wrong. he is retired now and said he couldn't due it now. Can he be held accountable

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 1, 2018

That is the most ridiculous thing that I have ever heard of. You need to consult with local counsel immediately.

2 Answers | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: My husband hit a big dip in the street lost control on a rainy wet day.He is being charged with reckless driving and

Aggravated assault.my husband is hospitalized until farther notice.he has broken his hip leg back and neck.why is a he being charge for that after a simple loosing control on a wet day?

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 1, 2018

You have not supplied near enough facts to even comment at this point. I hope that you have a local attorney.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: My aunt borrowed my car in June of 2017. I have been asking for it back since. I've just found out that she sold it.

She forged the title. Is this criminal or civil? Do I need a lawyer or the police?

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Oct 29, 2018

This is criminal, and you should file a claim with the police. The attorney that will handle it should be a District Attorney. Please remember that you or any attorney that you are considering hiring cannot use the prospect of criminal prosecution to obtain monetary gain from her, because that is... View More

2 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: i borrowed 1500.00 and paid 600.00 back. i missed a few payments and they took collateral. and are now suing me for

1400.00. how can they do this legally? is there anyway i can fight it?

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Oct 17, 2018

You need to look to the terms of your agreement with the lender. If they had the right to take collateral after a few missed payments, then they may do so without court order. They cannot "breach the peace" when using self help. Breaching the peace has been defined differently; however... View More

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1 Answer | Asked in Criminal Law for Tennessee on
Q: How is it possible to get a "conviction by forfeit " without being present in a court hearing

My ex-wife made an accusation of assault resulting in a charge of domestic assault. After I was arrested, she admitted to the officers that she lied. The next morning when I baled out, the desk officer informed me that she told them she lied, then he told me that the charge would be dropped that I... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Oct 12, 2018

I am a Tennessee attorney and not sure about South Carolina criminal law; however, in the State of Tennessee you can have items expunged that were dismissed. I would consult with South Carolina counsel about whether this is possible.

1 Answer | Asked in Employment Law for Tennessee on
Q: Is it unlawful to keep a bartender as an employee in a restaurant without providing them with any shifts/hours?

I am a bartender, however, my employer has not given me any shifts this week even though I need it. I have seen the employer do this multiple times before as a way to fire /let go of employees that she does not want / need anymore, even if they have not done anything wrong. I have been an employee... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Oct 4, 2018

Generally speaking, Tennessee is an employment-at-will state. That means that an employer can change your hours, demote you or terminate you for any reason that is not illegal or protected by contract. Examples of illegal reasons are age, race, sex or religion discrimination, whistleblowing,... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: How much time am I looking at if any MY charges are helping a felon escape from jail, manfraction, meth, contraband
Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Sep 28, 2018

You honestly said "if any." Your looking at a long time depending on the DA and the Judge. You need to consult with a local Criminal Defense attorney. You cannot survive those charges by yourself.

1 Answer | Asked in Employment Law, Personal Injury and Libel & Slander for Tennessee on
Q: Do I have a legitimate case against my former employer for defamation of character, lost wages, emotional damages, etc ?

On 7/27 I was unexpectedly directed to a back office by my boss where the door was closed and I was told to sit down. I was completely unaware of what was going on and I was in this small office with my direct supervisor and a woman xxx from the HR department. xxx and my boss proceeded to... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Sep 26, 2018

I have not researched that issue legally, because I have had no cases on that subject. However, when I was a senior partner at a large, multi-state law firm, it was very important, based on our lawyers' advice, that the CEO only disclose the date of hire and the date the employee left. That... View More

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