Questions Answered by Marcus Lipham

Q: Does the defendant need legal counsel during grand jury proceedings?

2 Answers | Asked in Criminal Law for Tennessee on
Answered on Mar 15, 2019
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.

Q: My dad gave a false report, police came with a search warrant for a person who was in our home without his knowledge

1 Answer | Asked in Civil Rights and Criminal Law for Tennessee on
Answered on Sep 28, 2018
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...

Q: What is meant by the clause "with intent to go armed" in Tennessee carry law pertaining to firearms and knives?

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Aug 26, 2018
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

Q: There was a murder for hire and my friend was at the scene of the crime. He was given 2 life sentences. His appeal

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Aug 16, 2018
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...

Q: Can police officer search my glove box after I tell them specifically no you cannot? He said that with or without a

2 Answers | Asked in Civil Litigation, Civil Rights and Criminal Law for Tennessee on
Answered on Jul 8, 2018
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.

Q: Say someone gets pulled over and they find a firearm in the car and they are a felon how much time are they facing in Te

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Answered on Jun 4, 2018
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.

Q: How can I find lawyers in the state of Tennessee that can represent someone in New York City. I’ve tried every option

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Jun 4, 2018
Marcus Lipham's answer
Most states have a provision for an attorney licensed in another jurisdiction to take an occasional case (Pro Hac Vice) in their district.

Q: Is it legal to carry a registered gun in the glove box of your car

1 Answer | Asked in Criminal Law and Traffic Tickets for Tennessee on
Answered on Jun 4, 2018
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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