Marcus Lipham's answer Typically, the defendant is completely excluded from the grand jury process and shouldn't need an attorney until the grand jury indicts them. Here's the lawyer part... however, I have heard of technical issues where an attorney for a defendant was allowed to set in during the grand jury process. I've never verified that but was told that by a respected Tennessee attorney. But the typical process is sit back and wait on the grand jury process.
Marcus Lipham's answer What county are you in? Did your father give them permission to search the house? Sorry, but like a lot of similar situations, they require a lot of details in order to give a fair answer. The crime of “False Reports” in general is a specific intent crime, being that your father had to know he was providing false information. That can be more difficult to prove than it sounds. Personally, I would for a stronger angle of defending the case and use your father’s intent or lack there of as a...
Marcus Lipham's answer “Intent to go armed” references the mens rea or mental state the government must prove along with the act to convict someone of a crime. Technically I guess everyone with a permit has that intent, of course it’s lawful with a permit. I think you’re good as long as your Florida permit is valid. The poss. of a deadly weapon statute should not apply to you. https://www.tn.gov/safety/handgunmain/hgreciprocity.html
Marcus Lipham's answer If Your friend was charged with felony murder there are several situations that could potentially make him criminally responsible. You may have to share the nature of the evidence for a more accurate answer. I must caution you that not only criminal defense attorneys participate in these forums but I'm certain government prosecutors do to. Saying that you may need to "keep a lid" on the type of evidence you have in a public forum. If you'd like give me a call about 1:30 at my office...
Marcus Lipham's answer Not just no but “hell no”, if the search was based on your consent. You may limit a consensual search. However if the officer developed his own probable cause and exigent circumstances then you have a problem.
Marcus Lipham's answer If charged by the state the severity of the charge is based on the original felony (what the person was originally convicted of to become a felon). Secondly we need to know if "the feds" are picking up the case and the amount of coke and weed. There is a federal enhancement called the "trigger lock" law that can greatly increase the length of a jail sentence in cases where firearms and drugs are both involved.
Marcus Lipham's answer Yes, T. C. A. § 39-17-1307 was amended in July of 2017 to allow for the possession of a handgun in a vehicle. The usual restrictions still apply. i.e. no felon in possession, must be in lawful possession of car, etc.
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