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Questions Answered by Shanone Emmack
2 Answers | Asked in Criminal Law for Tennessee on
Q: My son has had his license revoked over an assault case. DOT can't find the report, County can't find it. What do we do

The case started as a vehicular assault case and was dropped to simple assault. The occupants of the other vehicle denied be the driver due to their soberity. The car belonged to one occupant's recently deceased mother. No accident report was filed by the officers on the scene. The THP has no... Read more »

Shanone Emmack
Shanone Emmack answered on Mar 29, 2020

This is not uncommon. Revoked licenses are tricky and reinstatements can be very expensive. You can research the specific requirements to reinstate the license on https://dl.safety.tn.gov/_/ . There may not be an accident report because it was charged as an assualt not an accident. If there is a... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Tennessee on
Q: My neighbor has several CCTV pointed at my property and he took footage of me an has police thinking I committed crime

Is it legal for him to do that if he didn't actually see who did the crime but he told police I did it an showed them pics of someone driving a vehicle and said it was me they have a warrant for me now an I'm innocent if they watch his cameras they would see me leaving before these other vehicles... Read more »

Shanone Emmack
Shanone Emmack answered on Mar 29, 2020

It is not illegal if your neighbor thought you committed a crime involving his property. If there is a warrant then you are going to need to call the Sheriff's department and see if they want you to turn yourself in. Because of COVID-19 , people with warrants are being booked then released on a... Read more »

1 Answer | Asked in Banking for Tennessee on
Q: my mother takes all of my money from my bank account, can i sue her for financial abuse?

Hi. i’m 19 and still living at home with my parents not by choice. my mother takes all of my money from my bank account preventing me from moving out. she also has forced me into giving her my information to my logins for my college classes and reads all my emails. is there any way i could sue... Read more »

Shanone Emmack
Shanone Emmack answered on Mar 26, 2020

If your name is solely on the checking account then your mom is not allowed to take the money without your permission. If she does, it can be considered theft and you can call the police and report it. If it is a joint checking account with your mom's name then it is her account as much as yours.... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: My boyfriend is locked up in Fayette county TN. Revoked drug court. Red date 1/2020. Could lawyer reinstate probation?
Shanone Emmack
Shanone Emmack answered on Mar 26, 2020

Depends on the charges and situation. A lawyer can discuss his case with the district attorney and possibly negotiation reinstatement of probation. Without knowing more information about the case it's hard to give you a definite answer. Maybe you could ask the question again with more detail.

2 Answers | Asked in Criminal Law for Tennessee on
Q: In the state of tn if u overdose can u be charged and violate state probstion?
Shanone Emmack
Shanone Emmack answered on Mar 25, 2020

Depends. If there were illegal drugs around you when you overdosed then you can be charged with simple possession and possibly drug paraphernalia. A new charge will violate your probation. Depending on the drug, there could be mandatory jail time on top of the jail time you might serve for... Read more »

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1 Answer | Asked in Criminal Law for Tennessee on
Q: If stopped for following too close and drugs are found and you dont get citation for the offense you were stopped for

Does that make it an illegal search

Shanone Emmack
Shanone Emmack answered on Mar 24, 2020

If you were following too closely then the police had a right to stop you for a traffic violation.

Once stopped , the police needed a reason to search your car. If the police saw drugs in plain sight, smelled possible marijuana, you consented to a search of the car , (along with a couple...
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2 Answers | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: My fiance's ex wife is keeping his son from him on his weekends due to the coronavirus. Is there anything we can do?

She is threatening him with child support court and saying he will be in jail all because he wants to see his son and she is scared he will catch the virus. She isn't allowing him to pick his son up this weekend and she didnt give him his 1/2 of spring break. This is not this first time she has... Read more »

Shanone Emmack
Shanone Emmack answered on Mar 24, 2020

We are in new times with the coronavirus and people are scared and anxious. However, if the ex wife is going against the custody agreement then she could be help in contempt. I would suggest talking to a family law attorney and , if needed, set a court date to go in front of a judge and discuss the... Read more »

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1 Answer | Asked in Animal / Dog Law for Tennessee on
Q: is it against the law for my dog to bark in fenced in yard in cleveland tn

i called the law because the naighbor threatened to kill my dog for barking the law told me that they could fine me but she is in my yard with me now im afarid to let her out is this true and how can someone thretin to cause harm to my pet and me be to blamn

Shanone Emmack
Shanone Emmack answered on Mar 23, 2020

It looks like Cleveland, Tennessee does have a noise ordinance that includes pet barking. According to the ordinance It is a violation if it is "frequent or long continued noise that disturbs the comfort or repose of any person in the vicinity". Therefore, you could be fined by a police officer if... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: What are court costs and fees for domestic violence in Tennessee
Shanone Emmack
Shanone Emmack answered on Mar 21, 2020

They vary depend on how many times the case has been reset or people have been subpoenaed. You can call the clerk office and they will be happy to tell you the costs.

1 Answer | Asked in Criminal Law and Juvenile Law on
Q: 17 year old shoplifting, will this go on my record?

I am a 17 year old. I was caught shoplifting an object worth 180 pesos from a grocery store. They asked me my name, age and address, then called my guardian to pay 10 times the amount then took my picture before letting me go. I was wondering am I going to go jail? is this going on my record? will... Read more »

Shanone Emmack
Shanone Emmack answered on Mar 14, 2020

If you were charged with a shoplifting charge then it is possible (but unlikely) you will go to jail. Shoplifting is an A misdemeanor meaning it carries a sentence of 11 months and 29 days in jail but you can possibly get that suspended to probation. If you plea guilty it will be on your record... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: I got 2months on a 2yr sentence at 30percent. How long will it be before I probation out.
Shanone Emmack
Shanone Emmack answered on Mar 9, 2020

You will serve 30% of 2 months ( 60 days) before you will get work credit (two days credit for every one day served, if you qualify). The sheriff at the jail is the official calculator of your "out date" . You should receive that out date within the first week of being in jail. . It will... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: I have a shoplifting charge. First one was expunged and now i have this. Is there a large chance i will get jail time

I have had one shopplifting expunged off my record nearly 4 years ago. I was stupud and did it again and was caught again. When i go to my first court date what should I plea. Also I think I make to much to get a pointted an atterny but i still cant afford it what can I do

Shanone Emmack
Shanone Emmack answered on Feb 17, 2020

If it was truly expunged then the first charge will not show up on your record . Whether you will get jail time depends on a lot of things like the amount stolen and facts of the case If the charge was in Williamson county then you need to know the DAs will try to prosecute to the fullest. You... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: They got me for a drug charge that was somebody else is doing it not me and they charged me for will and I'm on bond and

And they want to put me in jail if I go back on that paper that I didn't know that I signed anyway I didn't know what to say what I signed and they didn't tell me anything about my Chargers and my lawyer said that that the judge could put me in jail until trial

Shanone Emmack
Shanone Emmack answered on Feb 17, 2020

Have you entered a plea for the drug charge ? Was there another person charged as well ? You need to talk to an attorney to help you work through this Matter .

2 Answers | Asked in Criminal Law for Tennessee on
Q: Are police officers required to arrest people with Misd. Violation of Probation Warrants?

What are the consequences if they do not?

Shanone Emmack
Shanone Emmack answered on Feb 14, 2020

Yes they are. If you have a probation violation warrant then police are required to bring you in. You will be served the warrant and if there is a bond, you can pay it and be released.

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2 Answers | Asked in Criminal Law for Tennessee on
Q: I was released under the impression that I had flattened my time but find out 4 months later I am on probation???

I was incarcerated in 2016. I was released on October 19, 2020. When I was released I was under the impression that I had flattened my time. February 5, 2020, a parole officer came to my house to inform me that I was apparently on probation. I was unaware and so was she. My sentence was flatted. I... Read more »

Shanone Emmack
Shanone Emmack answered on Feb 7, 2020

You should go to clerk's office and look at your file and find out what plea agreement you signed . The details of your plea will be in your file. You should hire an attorney to talk to the District Attorney or set a hearing in front of the judge to address parole issue and determine if you did in... Read more »

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Can hiring an attorney help me with a probation violation ?
Shanone Emmack
Shanone Emmack answered on Feb 6, 2020

Yes, you should hire an attorney . A lot of times probation violations result in jail time. How much jail time can depend on the number of probation violations you've had and why you violated your probation. An attorney can help navigate through details of your probation violation, negotiate... Read more »

2 Answers | Asked in Criminal Law for Tennessee on
Q: How long can a case be bound over to grand jury for before a decision has to be made? My case was bound over 1 year ago

Harassment accusation along with order of protection in January, 2019. Order of protection dismissed twice (won initial hearing and appeal hearing). Harassment was bound over to grand jury in March, 2019 and it’s now February, 2020 and it is still showing as bound over. Is there a time limit for... Read more »

Shanone Emmack
Shanone Emmack answered on Feb 3, 2020

When a case is bound over it sometimes gets pushed a few months but a year is a little long. I would first contact the clerks office and see if they have any information about when your case is scheduled to go to the grand jury? The clerk's office usually has updates and sends out letters of grand... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My boyfriend was recently charged with domestic assault, which he did assault me. Tbe state took over the case.

I received a letter from my attorney who handle such cases. My question is do I need to be at the first court date, since the state took it over? I havent been subpoenaed, just the letter from my lawyer stating she wousl be representing me. He's going to plead not guilty anyway, so theyll just... Read more »

Shanone Emmack
Shanone Emmack answered on Jan 31, 2020

If you are required to be present you should receive a subpoena. You are the victim witness in your domestic assault case therefore, the District Attorney will want to talk to you/your attorney before deciding whether to dismiss or move forward in prosecuting the case.

2 Answers | Asked in Criminal Law for Tennessee on
Q: Can a search warrant be issued and served the same day within a few minutes?
Shanone Emmack
Shanone Emmack answered on Jan 30, 2020

Yes it can ..

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1 Answer | Asked in Criminal Law for Tennessee on
Q: currently on probation theft under$500 will public intox violate me if i pled guilty to get out of jail
Shanone Emmack
Shanone Emmack answered on Jan 30, 2020

Receiving a new charge while on probation will likely violate your probation. You should call your probation officer and tell them of your new charge. If your probation officer decides to violate you, a warrant will be issued for a probation violation and you will be arrested and have to bond out... Read more »

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