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Questions Answered by Anthony M. Avery
1 Answer | Asked in Criminal Law and Military Law for Tennessee on
Q: My case has been sent over to the local Veterans Court. If approved, what can I expect? Can I get my charges dismissed?

I am a 62 y/o Veteran with no prior criminal record. Upon advice from my court appointed lawyer, who did not want to take my case to court.

Anthony M. Avery
Anthony M. Avery answered on Jan 22, 2020

Veterans' Court is a great privilege, so consider yourself fortunate. Many Courts dismiss the charges upon completion of the entire Veteran protocol. It will involve doing things other Defendants do not have to worry with. Your lawyer should answer your questions, but the important thing is to... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I was placed on probation for 8 years. My crime was aggravated domestic assault

Since then the order of no contact was lifted and signed by Judge Vance. I have completed my ordered classes, paid off my fines and court costs. I still reside with the "victim".

I am at the halfway mark in terms of my probation.

How can I go about filing a motion for termination... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 21, 2020

You can file a Motion to Modify your Sentence to Unsupervised Probation for the remainder. You need all costs paid perfectly, and the PO or DA can oppose it if they want. These Motions are usually granted if not immediately, then later. I recommend you have a competent attorney file it and... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: 2 property’s sharing well, 1 property sales without being told they must share well. Are we bond to share well now?

Well sets on my property, other property is planning on building 2 more homes and use my well do we have to comply

Anthony M. Avery
Anthony M. Avery answered on Jan 21, 2020

Have you performed a title search? Because of permissive use over time there may be a prescriptive use easement for the benefit of the other property, or you may be able to assert none exists. Be prepared to litigate by hiring a competent attorney to look into it. The burdening water use... Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I got a speeding ticket and paid it but got 4 points added to my MVR is there any way I can get that removed?

Or would I have to wait 2 years for it to fall off?

Anthony M. Avery
Anthony M. Avery answered on Jan 21, 2020

Evidently you pled guilty and paid the Citation. The DOS puts points against your MVR for the last year, and you are only allowed 11. If you get a Notice of Suspension from DOS, hire a competent attorney to get an admin hearing. You cannot remove MVR points.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: title insurance company didnt find the original owners last Will, leaving it to family, now they have and she is losing

My niece bought a house in NC, it was sold and bought 4 times before she bought it. No one ever found the Will from 2003 leaving it to family. But now that she is selling it they found it and they want her to cut the price. Is this legal or not?

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

Unless the Will is Probated, it has no effect. But apparently you have a NC Title problem, not in TN. She may wish to walk away from the deal or find someone else to close the transaction.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: If officer doesn’t check my registration and insurance and he gives me speeding ticket is it valid ticket?

Troopers

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

The LEO must have gotten your information from his computer check of your tag. The Citation may or may not have errors, but its validity is not an issue, irregardless how the LEO drafted it prior to issuance.

1 Answer | Asked in Uncategorized for Tennessee on
Q: how can i find out a court date for a friend that is locked up in Catoosa County Jail?

They was arrested on a felony probation violation and has some misdemeanor chargers.

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

Start calling the Criminal Court Clerk there in that County and State and ask by the Defendant's Name and Birthdate.

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: Can someone else legally have my land surveyed without my permission in the state of Tennessee
Anthony M. Avery
Anthony M. Avery answered on Jan 20, 2020

Absolutely. A TN Registered Licensed Land Surveyor has a License to allow him to survey virtually anywhere in TN. He is not trespassing. Obviously every landowners' property has common corners to someone else's land.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: Will a dismissed speeding ticket In GA be reinstated due to speeding ticket 7 months later in NC?

My GA speeding ticket (84 in a 70) was dismissed through community service and traffic school. I now got another ticket in NC for going 72 in a 55. Will my first ticket be reinstated since it’s only been seven months?

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

Hopefully not, but where is your License issued? You should hire a competent NC attorney to get the Ticket there dismissed or reduced. Then it has no effect on any DL. It is doubtful NC will talk to GA until the Citation has a disposition, and hopefully will never talk to GA.

1 Answer | Asked in Federal Crimes for Tennessee on
Q: Can my title 40 be used on a felony charge that I was never convicted of?

I was charged with aggravated assault but the case got dismissed in court. I believe the DA used my title 40 to erase the charge from my record even though I wasn’t convicted.

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

What is your question? You do not have a "title 40". That comprises hundreds of Statutes. Hopefully your charge was actually dismissed, which allowed you to expunge the records. It is not automatic, and it can be extremely difficult with lesser included offenses, etc. Hire a competent TN... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Taken my Dui to criminal Court and told there is additional jail time past my 48hrs how much time if conv. 7 days min?

Told there was additional jail time because I decided to fight it in criminal Court, and if I don't take the guilty plea and still found guilty I will have to finish my 48hrs and have more time added? bac wasn't over.20 so what am I looking at 7 days minimum. I know the max

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

You already know...7 days to serve, on a 11 mo/29 day Sentence. But you also have all the First Offense DUI requirements which are extensive and expensive. At Criminal Court you can file Motions, like Suppression, Discovery, Bifurcated Trial, etc. Giving BAC was a mistake, but maybe consent... Read more »

2 Answers | Asked in Car Accidents for Tennessee on
Q: Is there anything I can do to get out of accident liability because new owner didn't register the vehicle I sold them.

Sold a friend a vehicle, he supposedly register it but some how only got temp plate, no insurance and got in accident, turns out vehicle still is register to me. Now the other insurance seeking liability from me since its still under my name. Friend stated he title it but never receive new title.... Read more »

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

Whatever proof you have of selling the vehicle needs to be put together now. You might have a witness or a bank deposit. You will have to defend yourself and it will not be easy. The alleged negligence of your purchaser is also an issue, as well as that of the plaintiff. Comparative... Read more »

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My mother has dementia and my sister is her POA. My father recently passed and my mother is executrix..

The will states if my mother passed things go on to be split between my sister and I does this make my sister executrix or would that be us

Anthony M. Avery
Anthony M. Avery answered on Jan 15, 2020

The sister is not the executrix here. If there is an actual Probate, then the substitute executrix takes charge, or the Court will appoint someone. If no Probate, then that Will has no effect. Your problem is that your

sister is now in control of both Parents' property due to intestate...
Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: May I please get the latest TN Code Ann. S39-13-102?

My 20 year old son threatened suicide by holding a rifle to his throat, but instead shot into the ceiling (we live in a one-family home out in the country) and one other time in the floor. The gun was NEVER pointed at myself or his dad. He was charged with reckless endangerment and aggravated... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 15, 2020

Son is charged with serious felonies. This is not something you should try to represent him on. Hire a competent attorney today, and prepare for a Preliminary Hearing where you are a witness for the

State. He probably needs to plea to a misdemeanor or request diversion.

1 Answer | Asked in Child Custody for Tennessee on
Q: How do I stop support pmts and insurance garnishment from my check, I am the CP? Court said they would stop but have no

I was ordered to pay support and provide insurance when my son lived with his father for a year. He has been back home with me for almost a year and still paying child support. We went to court and confirmed that he lives with me and at that time I was told I would still have to pay any arrears... Read more »

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

You need a competent TN attorney now. You are still subject to the old Order. It will require a Motion and New Order to reflect what the facts are now.

1 Answer | Asked in Criminal Law and Constitutional Law for Tennessee on
Q: My son was the last person to see someone. Now his a suspect and are insinuating he did something when he didn't. Theve

Lied a lot to us . soddy daisy police department specially on Facebook

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

Son needs a competent TN attorney now. Maybe he will never be indicted, but if he does, he will be ready.

2 Answers | Asked in Criminal Law for Tennessee on
Q: I was indicted in a august 2018 meth trafficking charge. I pled to a plea of criminal facilitation to man/del/del <300g

I received criminal corrections probation but some of my cgarge partners were granted state supervison. I want to know why and if I can appeal it. Have had no prior offenses what so ever and served a year of incarcerated time.

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

You have probably violated the SOL, and probably have no grounds anyway. Motion for New Trial had to be filed within 30 days of the Judgment of Conviction, although you might appeal the Sentencing only within the same period. You might hire a competent TN attorney to look at it.

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1 Answer | Asked in Family Law, Civil Litigation and Elder Law for Tennessee on
Q: What is the extent of Filial Law in Indiana?

My Wife's mother lives in Indiana, we live in Tennessee. She is stating that she is able to sue us for Filial Law so that we have to support her??

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

You have not been sued nor served yet, so no suit exists at this time. When you get sued, if ever, then you will need an Indiana Attorney. Hopefully whatever is the disposition will not be enforceable here. If a judgment goes down there, then you need a very competent Tennessee attorney to... Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: Is there a difference in a Traffic Ticket and a Citation?
Anthony M. Avery
Anthony M. Avery answered on Jan 13, 2020

No, and the other way of being charged with a crime is an Indictment. Citation is the proper name for Summons to Court where you are not taken into custody, but go to Court!

2 Answers | Asked in Banking, Identity Theft, Criminal Law and Civil Rights for Tennessee on
Q: My caretaker took $30,000 out of my bank account using my pin number after he his my medication and made me bed ridden.

The bank denied my despute. What can I do?

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

You need to go to the LEO's today. Take your Bank Statements and whatever Prescription evidence you have for relevant periods. You probably need to complain to the Hospital Administrators also, but everyone is going to question why you have waited so long to complain, especially the Bank. A... Read more »

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