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I was arrested for DUI in November of 2019, and have yet to be convicted. The case keeps getting reset due to Covid and other issues within the court. It’s now been almost 4 years since my arrest. Does this count as being past the 1 year statute of limitations?
answered on Jun 20, 2023
Unfortunately, the answer is likely no. However, there are a few potential ways the length of time may become relevant and result in a resolution of your case. The first question is dependent on whether the case is still in general sessions or in criminal court. If the case is still in general... View More 
can they get a warrant out on someone without facts after threatening other parties. making accusations
answered on Mar 27, 2023
Unfortunately he said/she said occurs in far too many criminal cases but the allegations of one individual is enough for the police to get a warrant for your arrest if it is enough evidence to support probable cause of the offense. If the individual is making threats to you and/or other individuals... View More
My son got a dui in my truck. He asked if I could pick it up. It was walking distance for me. It was denied. It cost me 250 to get out. Just to towe a few miles. What are the laws
answered on Mar 27, 2023
Yes, the Tennessee Supreme Court has actually held that a police officer must provide an individual the opportunity to make their own arrangements for their vehicle rather than inventory search the vehicle and tow it in a case called Drinkard. However, this issue only becomes relevant as far as any... View More
I have not had a drink in over 40 years
answered on Jan 12, 2023
If you were arrested for DUI it is imperative that you hire a DUI lawyer. Officers routinely write "strong odor of alcohol, slurred speech, unsteady on feet, red watery and bloodshot eyes" in nearly every arrest warrant for DUI. The only recourse is to question him on the witness stand in... View More
Can I beat these charges for illegal stop
answered on Jan 10, 2023
Without probable cause that you committed a criminal or traffic offense, an officer cannot initiate his or her blue lights to seize your person and cause you to pull over. The officer needed specific and articulable facts to establish probable cause and seize you. However, unfortunately, the case... View More
After being released on bond, he immediately entered into a rehab program and will be back for the hearing. I’m not sure what happens since I’m not the one who called the cops. The big issue is alcohol and I would love for him to continue treatment. When sober, he doesn’t show any signs of... View More
answered on Jan 11, 2023
Generally, the defense attorney will set the case for a preliminary hearing and the State will subpoena you as their witness at the hearing. However, before the hearing takes place, the ADA assigned to the case will be in negotiations with your husband's attorney. Your husband's attorney... View More
answered on Dec 29, 2022
Yes, you have an obligation to appear at every court date if you are a defendant in a case. It is imperative that you call your lawyer immediately to explain why you missed court so that your attorney can reach out to the ADA on your case to request they lift the attachment for your arrest that the... View More
I was trying to pump gas and cop smelt weed coming from my car so she came up to me as I was trying to leave. Also on my citation she wrote the wrong date
answered on Dec 28, 2022
Simple possession is a Class A misdemeanor punishable by 11 months and 29 days in the detention facility. Realistically, if you were released on a citation and do not have a criminal history it is likely that you would get probation. However, you do not want to simply plead guilty to the simple... View More
answered on Dec 27, 2022
I definitely recommend hiring an attorney since your son has been criminally charged and depending on the nature of the charges he could be facing serious jai time, probation, becoming a felon and other potential consequences.
Additionally, if he is currently being held and unable to make... View More
I was arrested 12/3/21 for dui. Since my 1st court date my case has been postponed because the arresting officer has been away on military leave. I'm getting ready to go back to court soon. When I go back it will have been over a year. Is it possible to ask to have the case dismissed?
answered on Dec 13, 2022
The SOL may have been met by the Arrest Warrant. However, you should have your lawyer review the arrest warrant to make sure each element of the offense is supported by factual details. If an element of DUI is not supported factually within the arrest warrant then your lawyer can move for the court... View More
DUI was 3 yrs ago. No accident or any damage. I was very compliant. Was given absolute minimum punishment including unsupervised probation from day one. In the states database I am eligible to get my license. But I don’t have a vehicle in my name to put the interlock device on so TN will not even... View More
answered on Dec 9, 2022
Unfortunately, although an ignition interlock is not a requirement of a DUI conviction in Tennessee, as the other attorney eluded to, it is a requirement that you have an ignition interlock on a vehicle for one year to be eligible to get your license reinstated. As such, to get your license back... View More
answered on Oct 26, 2022
The answer depends on the disposition of the case and which misdemeanors were committed. Some misdemeanors are not eligible to be expunged, such as a DUI, but the majority of misdemeanors are expungeable. The legislature amended the expungement statute years ago to allow individuals to expunge up... View More
I was arrested for public intoxication and I gave them my maiden name which I use more frequently. I thought they’d be able to look me up with either. I then gave them my legal name. Now I’m being charged with criminal impersonation?
answered on Mar 27, 2023
I suggest hiring a criminal defense attorney to represent you through these allegations. Criminal impersonation requires that you used that false name with the intent to defraud the police. Of course, if it is your maiden name there was no attempt to defraud and your lawyer should be able to work... View More
answered on Jul 17, 2020
Yes, you have a few options to attempt to resolve this issue if the company knew that the vehicle was in an accident but concealed that information from you and you were not able to determine that the vehicle was previously involved in an accident through the carmax or a similar report.... View More
Unable to contact other party as they were inside at work and I do not know the individual. I left at the end of my shift. A officer called me 6 days later to speak with me and cited me
answered on May 14, 2020
In short, yes. Leaving the scene of the accident with damage to another vehicle that appears to be less than $1,500 is a Class B Misdemeanor. A Class B Misdemeanor carries a maximum jail time of 6 months and fines up to $500. The court in addition to or in lieu of those penalties can require you to... View More
answered on May 14, 2020
If you do not have your parents' permission to leave your house, I would advise against it. If you leave your home without your parents' consent and they call the police, you will be known as a runaway and the court can find that you are an "unruly child" in need of treatment... View More
My cousin is 18 and his girlfriend is a minor. She doesnt want to go home but instead stay with him. Can my cousin still get into trouble even tho it's her choice?
answered on May 14, 2020
Whether your cousin can get in trouble or convicted for allowing his girlfriend to stay with him depends on a few factors. To start, it is a class A misdemeanor to harbor or hide a minor, with knowledge that the child is a runaway, if your cousin either (1) fails to notify the child's parents,... View More
answered on Nov 3, 2019
I would explain to your step-son that he can be charged and convicted of a DUI for driving while smoking marijuana. It is a common misconception that you can only be convicted of DUI for drinking and driving. The DUI statute makes it a crime to drive or be in physical control of a motor driven... View More
The towing company gave me a $75 quote on towing service and I accepted. Once they got there, they said it was going to be harder than they had expected to get my car out of a ditch. They also needed to call a police offer to direct traffic. Before the officer arrived and before they even towed my... View More
answered on Oct 27, 2019
To start, it sounds like you originally had an oral contract for your vehicle to be towed for $75. As such, generally speaking, the towing company was required to tow your vehicle for the agreed upon price. The price is usually offered based on the distance that the vehicle will be towed and the... View More
answered on Oct 27, 2019
In a criminal case the defendant usually receives discovery from the State multiple times as the State continues to accumulate more evidence against the defendant. To start, before a defendant is indicted and while the case is in general sessions court, the defendant usually receives limited... View More
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