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Questions Answered by Marcus Lipham

2 Answers | Asked in Criminal Law for Tennessee on

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

Example: A felony case bound over to the Grand Jury to determine an indictment. It's my understand that the defense will not be allowed to be present. The Prosecutor, witnesses and grand jury members are the only persons present at the grand jury proceedings is my understanding. Can you clarify if... Read more »

Marcus Lipham answered on Mar 15, 2019

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.... Read more »

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1 Answer | Asked in Civil Rights and Criminal Law for Tennessee on

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

He didn't know this person was here, (she has a warrant for theft of property) and so he told the police that she wasn't, and where he thought she might be. This was early in the morning and the house was quiet as usual, she was asleep in a room he doesn't generally enter, with the door locked and... Read more »

Marcus Lipham answered on Sep 28, 2018

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... Read more »

1 Answer | Asked in Criminal Law for Tennessee on

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

I am travelling to TN from Florida. I hold a Concealed Weapon Permit and will be traveling with a firearm. I have looked up all restrictions and regulations for all states that I will be passing through. Georgia and South Carolina were very easy to interpreting the law and the reciprocation of my... Read more »

Marcus Lipham answered on Aug 26, 2018

“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... Read more »

1 Answer | Asked in Criminal Law for Tennessee on

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

Was denied due to lack of evidence. He was not the shooter or the one who ordered the hit. He now has documents and evidence to prove his innocence. When presented, what are some of the outcomes we can expect

Marcus Lipham answered on Aug 16, 2018

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... Read more »

2 Answers | Asked in Civil Litigation, Civil Rights and Criminal Law for Tennessee on

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

Warrant because his k9 supposedly hit on the drugs

Marcus Lipham answered on Jul 8, 2018

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.

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1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on

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

Plus they had coke and weed with an open container

Marcus Lipham answered on Jun 4, 2018

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... Read more »

1 Answer | Asked in Criminal Law for Tennessee on

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

Marcus Lipham answered on Jun 4, 2018

Most states have a provision for an attorney licensed in another jurisdiction to take an occasional case (Pro Hac Vice) in their district.

1 Answer | Asked in Criminal Law and Traffic Tickets for Tennessee on

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

Marcus Lipham answered on Jun 4, 2018

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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