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Questions Answered by Anthony M. Avery
1 Answer | Asked in Criminal Law for Tennessee on
Q: what id the process when i appear in court for a misdemeanor citation in lieu of continued custody of an arrested person

i got pulled over for driving while my license was suspended in the state of NC, officer gave me a ticket and i signed. it stated that i had to appear in court for a misdemeanor citation in lieu of continued custody for arrested person

Anthony M. Avery
Anthony M. Avery answered on Mar 31, 2020

Obviously this is a North Carolina matter, so you need a competent North Carolina attorney. You definitely need an attorney today, and someone to drive you to Court. Try to get your License reinstated immediately. Take Insurance, Registration and your TNDL to Court with you.

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Tennessee on
Q: I'm being wrongfully accused I am innocent there is witnesses an proof but the sheriff's won't accept any of it

They say 3 witnesses say I did it but I have 5 witnesses that can say I didn't and the video footage they have from my neighbor showing a vehicle leaving my driveway not being drove by me can show that I left 30 mins to an hour before it did what can I do when they seem determined to arrest me for... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 31, 2020

Quit talking to the Police or anyone else about this. Talk to some competent criminal attorneys about their possible fees, and start putting that money together now. Also decide upon a possible Bonding Company to use. You may need a new phone and number. If arrested, demand a Preliminary... Read more »

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1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I was pulled over with expired tags and speeding. I was going 70 in a 65. What can I do to defend myself?

I don't know if this matters but it's also the last of the month.

Anthony M. Avery
Anthony M. Avery answered on Mar 30, 2020

Immediately register your vehicle, and place the new sticker on your plate. Then go to Court, be respectful, and explain to the Judge or DA that you have got your Registration up to date. The best that can happen is either or both Violations are dismissed, with or without costs. At worst, you... Read more »

2 Answers | Asked in Criminal Law for Tennessee on
Q: My son has had his license revoked over an assault case. DOT can't find the report, County can't find it. What do we do

The case started as a vehicular assault case and was dropped to simple assault. The occupants of the other vehicle denied be the driver due to their soberity. The car belonged to one occupant's recently deceased mother. No accident report was filed by the officers on the scene. The THP has no... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 30, 2020

The Son should have immediately hired an attorney when he got notice of the revocation from DOS, as well as the Criminal Charge. He should have requested an Administrative Hearing on the License, and demanded a Preliminary Hearing on the Warrant. Filing a Declaratory Judgment Action now will be... Read more »

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2 Answers | Asked in Real Estate Law and Probate for Tennessee on
Q: How do I sell land in Tennessee that is still in my deceased father's name 15 years after his will was probated in NY?

I am looking for advice on how to sell a piece of land that is still in my deceased father’s name. My father passed away in 2005. He was a resident of NY and his will was admitted to probate in the state of NY in 2005. Letters testamentary were issued with my sister and I named as executors of... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 30, 2020

I recommend hiring a competent Tennessee attorney to represent you all, and sell the property. He will be able handle the arrangements much more readily, and with no house involved, alot less disclosure is involved. He should be able to search the title, then construct proper derivation of title... Read more »

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1 Answer | Asked in Criminal Law for Tennessee on
Q: what law in tennessee states if the passenger of a vehicle is not arrested that the vehicle is to leave with them

me and my boyfriend were pulled over and he was arrested. because the truck did not leave with me when I wasn't arrested all of the evidence that was found was surpressed and the cases were dismissed for failure to presecute. this being said, would anything that the police found at that time be... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 24, 2020

I do not believe there is a Statute or Case Holding as you state. However it appears that the State was not prepared to prosecute your Boyfriend, so the Case was Dismissed. Statute of Limitations can vary from 1 year to several, as it depends upon the Crime alleged. It is odd you are concerned... Read more »

1 Answer | Asked in Business Law for Tennessee on
Q: I was contracted by a 3rd party to do work. 3rd party no longer in business. Can I contact owner for payment?
Anthony M. Avery
Anthony M. Avery answered on Mar 24, 2020

You are missing alot of facts which will be important. But if you are careful in deciding exactly who to sue and where to serve them, you might sue both of them for breach of contract in General Sessions Court. Also it may be worth your while to hire an attorney to file a Mechanics and... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: In Unicoi. TN can a landlord change locks after lease is up

No eviction notice was given

We were actually buying the house and making payments and she up and said you have to move next month your lease is up and we didnt see it coming. Yes, there was a lease, but we were actually buying, so we never really planned to move.

Anthony M. Avery
Anthony M. Avery answered on Mar 23, 2020

Apparently you were not buying anything unless you have a Deed. A Lease with Option To Purchase is only a Lease. However you still have possession, so the Owner will have to file and prosecute a Detainer Warrant to get you physically out of the premises.

1 Answer | Asked in Child Custody, Divorce and Family Law for Tennessee on
Q: Can I file a subpoena to obtain criminal trial transcripts for the use in a custody battle ???

In 2015, I was charged with aggravated sexual battery which led to divorce. The criminal charges went to trial where I was found not guilty. The allegations were made by my ex-stepdaughter in which I was found not guilty. I believe that my ex-wife is still pushing at the belief that I am still... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 23, 2020

Go to the Criminal Court where you were prosecuted and ask the Clerk to help you go through the entire Court File. Be patient. The Court Reporter's name may be there, or ask the Clerk who it might have been. But most importantly, get a certified copy of the Acquittal. It is self-authenicating... Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I slid on black ice in Dec. 2018. I hit a guardrail. My front end was damaged, and I was later billed for the guardrail

by Jackson County. No ticket was issued. A state trooper witnessed the accident as he was en route responding to another driver who slid off the road in the same location a few minutes before me. Because I saw the officer approaching with lights activated, I had already slowed down and was not... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 23, 2020

More than likely a Citation was issued and somehow you did not get a copy. THP gets away with all kinds of things. Call Jackson County General Sessions Court and inquire for December 2018 through March 2019. The MVR is only for the last twelve months, so there may be a conviction in March... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: I am heir to an estate of my friend that left his 2 dogs to me. The section of the will that would detail the money to

care for what he called his "boys" is missing. He left a voicemail stating he is leaving money to last the rest of their lives. 15 years life left for Butch and 2.5 for Bear. These of course are guesstimates. Where can I get reports , scientific or previous cases similar to mine to show the courts... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 20, 2020

The audio recording of a bequest is not enforceable. Only the written Will that is probated can be enforced. Apparently you have made a very serious mistake in assuming you were an "heir" and taking it upon yourself to care for Estate assets. If there is a funded Trust for the benefit of... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can I sue the seller for not specifying something on the seller disclosure agreement?

Seller never stated that home was on sceptic. Seller marked city and the home is actually sceptic

Anthony M. Avery
Anthony M. Avery answered on Mar 20, 2020

It is very possible to sue the Seller for a false Tennessee Residential Real Estate Disclosure. But you must have some damages and file within a year (I believe). Even then you need to think about whether you can collect. It helps if the realtor also signed it.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: How soon can a hospital put a lien on your property in Tn. ?

My wife just passed away from cancer, was on Medicare A & B plus Plan G thru Mut. of Oma. I started receiving bills for well over $ 100,000.00 even before she died. Her will has left me all her property, House and nearly 6 acres. I haven't gotten a death cert. yet and was wondering if they ( the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 19, 2020

Medical Providers will have to get a Judgment prior to a Lien except on a related personal injury/wrongful death suit. The will has no effect without probate, and probate would not be a good idea. But creditors can file probate too, and it would be for their benefit. You need a competent... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: If stopped for following too close and drugs are found and you dont get citation for the offense you were stopped for

Does that make it an illegal search

Anthony M. Avery
Anthony M. Avery answered on Mar 19, 2020

It helps to support a Motion To Suppress for an illegal stop. But issuing the Citation then is not absolutely dispositive. Suppression Motions are difficult. If the Defendant is still at Sessions, then his lawyer needs to get ready for a thorough Preliminary Hearing.

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Tennessee on
Q: can The state legally request more documents

I filled for a concealed carry permit through the state of TN. After my background check was conducted they found that I was convicted of criminal damages to property- misdemeanor when I was 17, this was 14 years ago. The state has now asked for certified court documents on the case. However the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2020

You will have to provide the State the requested documents. The Department of Safety issues the HCP, and if they do not want to, they don't. If denied, you can file a declaratory action in General Sessions Court very soon after the denial. Denial of a HCP does not mean you necessarily have a... Read more »

1 Answer | Asked in Consumer Law for Tennessee on
Q: Debt started in one state, then moved to a different state when payments started to fall behind.

Which state's SOLs do you go by?

Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2020

The Note, Security Agreement, etc probably contains a term which states which State's Laws apply. If not, then probably the State where the Contract was consummated controls, unless there is another agreement.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Signed property over to state of tn in order to get health care for my mom now she is deceased how do we get it back
Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2020

You may be an Heir At Law, and the Heirs are now the owners as Tenants In Common of the real property. Someone that knew her can execute and record an Affidavit of Heirship. This tells the world who the titled owners are, that is it becomes their source of title.

1 Answer | Asked in Probate for Tennessee on
Q: TN probate has 2 yr for will contest. Does this mean final probate and distribution of assets wait the 2 years?
Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2020

No. But closing an Estate can easily exceed two years and often does. Will Contests will affect the ongoing Probate obviously, and the Executor must defend the Will while maintaining, not dissipating, Estate Assets. This happens often and makes Probate expensive.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: If a farm subdivided has a warranty deed amendment, do all adjoining property owners plus mort co’s need to sign as well

This land has always been a farm, but now is 53 acres with smaller subdivided lots adjoining. The restrictions said no other activity and the current 53 acre owner and the owner who split the lots originally are the only ones who signed the corrected deed to include agriculture.

In... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2020

If all property owners do not execute a covenant which runs with the land forever, whoever violates it may be able to ignore the restriction. You need an attorney.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I’m asking for my new landlord she’s older and is renting a trailer

They will not leave they had 30 days to get out the was suppose to be out the last day of last month they won’t come to the door when she goes there she doesn’t know what to do know

Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2020

The landlord or owner must file a Detainer Warrant in Sessions Court for possession only. It must be served or posted. She gets judgment for possession and they have 10 days to leave or appeal.. If still there, she must get a Writ of Possession issued and executed. I recommend she hire a... Read more »

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