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Questions Answered by Anthony M. Avery
1 Answer | Asked in Criminal Law for Tennessee on
Q: I am on probation in Tennessee for a class e felony. The charge was a theft over $500. It's now a misdemeanor, but at

The time I committed the crime it was a felony. I got 4 years. I violated for my 4th time. All my violations are technical. The last one was for failing a drug screen. I fled to California and admitted myself in rehab. Which I completed the 6 month program. Is it likely that they will extradite me... Read more »

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

Yes and those probation violations are not technical. At this rate you will wind up serving a fair amount of your sentence. You might be better off hiring a competent attorney and turning yourself in to Court if there is an outstanding probation violation. Bring your rehabilitation letter.

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: Being taken to court For a loan that was unpaid right before covid hit and we were laid off.

We were laid off and the courts want 16,17,18 tax returns, bank/financial statements none of those years were when the loan took place. Why do they need that? My husband is still unemployed and makes 412 a month I just got a job and wasn't employed up until that point

Anthony M. Avery
Anthony M. Avery answered on Nov 18, 2020

That type of document production usually occurs in conjunction with post-judgment discovery in order for the judgment creditor to collect from you. You need to check with the Court to see if a Judgment has already went down against you two. Otherwise the creditor must anticipate a problem... Read more »

1 Answer | Asked in Elder Law for Tennessee on
Q: Help with mother's estate

My mother is almost 89 with dementia my sister is 70 she lives with mom she also has dementia.My mom has no will or power of attorney. My younger sister and I need help to figure out what we need to do to sell my moms home. Both need to go into assistant living. It will take what money my mom has... Read more »

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

This is the Tennessee side of Justia. Ask for help from Mississippi attorneys.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How could you be charged with intent to sell and delivery in a park zone, if the park isn't a park?

Which is Chilhowee park

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

That qualifies for the felony enhancement, and you only need to be within 1000 feet of the park. Hire a competent attorney immediately. Stop being around anything illegal.

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: Can Tenncare estate recovery take part of my mother’s house proceeds if she wants to sell?

My dad had a stroke 4 years ago and had lived in a nursing home until the the day he died. We recently received an estate recovery letter from Tenncare. Since my mother is the spouse, she can live in the house without fearing collection from Tenncare. However, if she wants to sell the house, will... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 16, 2020

Absolutely.... There is probably a TennCare Lien filed at the Register of Deeds. The State will get paid before anyone else. The Mother may be able to Homestead part of it, but it is doubtful. Before she thinks about selling, hire a competent attorney to conduct a title search, and look at... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: Precedent winning Phoenix and Scottsdale, AZ cases against adverse possession claims

Recently it was found the fence between 2 properties was placed by the developer many years ago in the wrong way, intruding several feet on one side along the fence. The owner of the missing land has always paid the property tax, according to the deed

Anthony M. Avery
Anthony M. Avery answered on Nov 16, 2020

What is your question? It appears adjoining landowners over the years acquiesced to the tangible and visible boundary line. This is generally the law in the United States. The Deed legal descriptions do not control over historical acquiescence to a physical boundary.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: So I'm a tennessee resident and went to nc and got a seatbelt ticket I'm 17 can I just pay it online and be done with it

My ticket has a court date on it do I have to appear to that or can I just pay it and be done with it I'm 17 years old

Anthony M. Avery
Anthony M. Avery answered on Nov 16, 2020

Apparently that is a NC violation. You will need to contact a NC attorney for advice. A conviction will probably be added to your TN MVR for the last year.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Why would a police officer let someone go if they believe their dui and they fail the field sobriety test
Anthony M. Avery
Anthony M. Avery answered on Nov 16, 2020

There may be many reasons. I doubt that you know what exactly occurred. Ask again if you know the facts.

1 Answer | Asked in Small Claims for Tennessee on
Q: What can I do if I purchased a vehicle from a private party and they agreed to have it ready by a date but now refuses

We purchased a vehicle from a private party and it needed work so the private party agreed to do the work themselves and have it ready so we began paying on it. After the private party pushed the date of completion by 2 months and we really need a vehicle so we asked for a loaner or for our money... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 16, 2020

That is a potential breach of contract. If no money has been paid, I would forget about it. Otherwise you might sue yourself in General Sessions Court. If you obtain a judgment, hire an attorney to collect.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Who do I contact when my husband's public defender withdrew from his case and his new attorney won't return phone calls?

My husband has been in jail for 5 months and the court will not set him a bond on 2 possession charges. His public defender withdrew from his case and his new appointed attorney won't return my phone calls. He has not been in a court room, talked to a judge, attorney, or the DA since June. As... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 14, 2020

You probably need to hire a competent attorney to represent your Husband. It may be a very bad Case, but at this stage the Defendant should know what is going on. Pretrial Motions are probably needed now if ever, and Trial preparation may need to commence. A Plea Agreement may be possible... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: How can my ex boyfriend be on my deed and he never signed the deed but to get him off my deed he has to sign quitclaim

deed to get him off my deed.

Anthony M. Avery
Anthony M. Avery answered on Nov 14, 2020

You should search the title for at least the last two conveyances. Apparently he was deeded the property, for which he would not usually sign the Deed himself. Even if it was a mistake, if he has some estate then to extinguish it he will need to convey his interest by deed to you or someone... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law on
Q: My mother passed away 2 years ago and did not have a will, I’m the only living heir and my question is how do I go about

Putting her house in my name, it’s paid for, we also owe taxes on it

Anthony M. Avery
Anthony M. Avery answered on Nov 13, 2020

Hire an attorney to search the title and determine heirship. Then record an Affidavit of Heirship which becomes your source of title to the world as the heir at law. Check with the taxing authority about what taxes have to be paid immediately if you cannot pay all at once.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Does any information you have that proves you are innocent have to be given to a defense attorney?

Or if you turn yourself in does it get shared with whomever is defending you?

Anthony M. Avery
Anthony M. Avery answered on Nov 13, 2020

Not sure of your question. If you are charged with a crime and have an attorney, then disclose your evidence of your lack of guilt to him forthwith. Hopefully the evidence will be shared with the Court in a Motion or a Trial. Tell the attorney that the evidence is sensitive, if such. And... Read more »

1 Answer | Asked in Real Estate Law for South Carolina on
Q: I've entered into a Purchase and Sale Agreement to purchase an acre of land.

I've had the land surveyed and have a plat map. The seller is also in the process of selling additional land adjacent to the property I'm buying. Because there is nothing recorded showing that I am in the process of buying the land, the buyer of the other property has had all of... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 12, 2020

You could very well lose the prospective property transfers. Without a Deed conveyance over to you, the owner is still free to convey to others. You might be able to sue him for breach of contract, but you better read your contract verbatim. It sounds like you do not have a set closing date.... Read more »

3 Answers | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for Maryland on
Q: Is Adverse Possession And And Squatting Two Different Things And Is Lottering Trespassing Breaken In Entey ( BNE )

The Same As Or As In Squatting Or Adverse Possession

Anthony M. Avery
Anthony M. Avery answered on Nov 12, 2020

Squatting is a slang term for the legal status of Adverse Possession. Anything to do with Trespassing is not Adverse Possession because the Defendant is cognizant that someone else is entitled to exclusive possession of the premises.

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2 Answers | Asked in Real Estate Law for North Carolina on
Q: I bought a 2 acre wooded lot in western NC at a bankruptcy sale, under $2,500. Looks cut & dry. Should I hire a Lawyer?

Seller pays back taxes and supplies a Trustee's Non Warranty Deed.

Anthony M. Avery
Anthony M. Avery answered on Nov 12, 2020

At least hire an attorney at a nominal fee to contact a title search. He should also advise on taxes and zoning. More than likely he will be able to describe exactly what estate the Trustee is conveying, if he will also review the Bankruptcy Schedules (A, C & D)

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2 Answers | Asked in Criminal Law for Tennessee on
Q: Are Miranda rights still a requirement when being arrested for a felony

And is there a reasonable time w

In which the official must tell you what your being charged with

Anthony M. Avery
Anthony M. Avery answered on Nov 12, 2020

If the LEO's are not using the Defendant's own statements as evidence against him, then it is irrelevant whether the Defendant was advised of his rights earlier.

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1 Answer | Asked in Traffic Tickets for Tennessee on
Q: What are the odds I will be able to get a speeding ticket for 101 in a 70 removed from my driving record?

I'm 19 with no tickets

I was pulled over by TN highway patrol going 101 in a 70 at night. The officer said he got me by radar. My cars registration also expired just over a month ago too so he wrote that on the ticket too. I'm not able to pay any increases in insurance so I'm... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 10, 2020

I advise hiring a competent attorney to represent you. You definitely need to go to Court and act in a respectful manner. Apparently you acted appropriately or the LEO would have arrested you. Get the Registration renewed immediately and take it to Court. It may be possible to plead to a... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law on
Q: Hi I bought a wooden garage years ago and I thought that I bought the land aswel? But recently I found a note stating

Stating that the land had been sold! Now they are asking me to leave eighter taking my 2 garages with me or he will get rid of them. I run a business from 1 and have paid for electricity to be installed! Were do I stand. Pls can someone advise me thanks

Anthony M. Avery
Anthony M. Avery answered on Nov 9, 2020

It appears that you did not check out the property before you bought it. Do you have a Deed? Have you been paying taxes? You may have bought property, but not correct where you thought it was. Hire a competent attorney today to conduct a title search. A survey may be needed as there may be... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: I was handed a piece of paper informing me of a 3 day eviction for a violation of noise complaint

Never have I been given a notice and bills paid monthly by trustee of my money

Anthony M. Avery
Anthony M. Avery answered on Nov 9, 2020

Not sure of your question. But the landlord will have to file a Detainer, get it served/posted, and obtain a judgment for possession. Then if you are not out in 10 days, a Writ will be executed by the Sheriff to remove you. You may be able to defend that there exists no breach of contract. at... Read more »

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