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Questions Answered by Shanone Emmack
2 Answers | Asked in Criminal Law and Agricultural Law for Tennessee on
Q: Will a out of state mistermeanor warrant get you arrested in a different state
Shanone Emmack
Shanone Emmack answered on Jul 13, 2020

Yes, an out of state warrant will get you arrested in another state. It usually happens when a police officer calls in your information during a traffic stop. The police will arrest you and wait for the state who issued the warrant to come get you.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: My friend and neighbor gave me their debit card and the pin and I have proof then later reported it lost/stolen ???

If I have proof will I get in trouble

Shanone Emmack
Shanone Emmack answered on Jul 3, 2020

It depends on the details surrounding why they gave you the card and the how long you kept the card. If you were suppose to use it to buy something then you should have given it back to them immediately after the purchase. More information is needed to determine if the facts support a criminal... Read more »

3 Answers | Asked in Criminal Law for Tennessee on
Q: In Criminal Court after the arraignment,if you don’t show up to court with a lawyer present could your bond get revoke?
Shanone Emmack
Shanone Emmack answered on Jul 3, 2020

Your bond could be revoked if you personally don't show up to court . It is smart to have an attorney , especially in a circuit court case, but if you don't have an attorney you wont get your bond revoked.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: what is the penalty of being a party in a harassment charge?

A friend was on the phone with me when her neighbor claimed she was harrasing her. Because I was on the phone she's accused me too even though I said nothing

Shanone Emmack
Shanone Emmack answered on Jun 22, 2020

Harassment is an A Misdemeanor in Tennessee meaning you could be sentenced to 11 months and 29 days in jail or probation. However, if the facts you stated are true and you did not communicate with the victim then , in my opinion, the case against you is weak. Harassment requires communication.... Read more »

2 Answers | Asked in Estate Planning for Tennessee on
Q: . Grandfather died without a will and no beneficiary on alife insurance policy.What do you do Hamilton County,Tn
Shanone Emmack
Shanone Emmack answered on Jun 22, 2020

It depends on what the life insurance policy says happens upon death. It will likely go into his estate which means someone will need to open the estate and start the probate process. You should hire an attorney to assist you.

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1 Answer | Asked in Domestic Violence for Tennessee on
Q: My boyfriend was just recently charged with domestic violence because a so-called witness said they seen him punch me

In my face which was not true at all ! & I had stated right then to the police that he didn't do that & they wouldnt listen to me & still said they were giving him domestic violence we already have court in 2 months , & I don't want to press any charges against him at this... Read more »

Shanone Emmack
Shanone Emmack answered on Jun 7, 2020

I'm unsure whether he will be able to bond out but you can call the jail and see if there is a bond. Keep in mind that if he is bonded out he will likely have bond conditions that forbid him from having contact with you (the victim). He will need to hire an attorney to gather all the... Read more »

1 Answer | Asked in Uncategorized for Tennessee on
Q: Do eviction laws apply to my son?

My son is an alcoholic and has been in residential treatment for 30 days and I was going to evict him but I was told by a paralegal that since he's been gone for 30 days I don't have to evict him that I just don't have to let him back in.

Shanone Emmack
Shanone Emmack answered on Jun 6, 2020

To be safe, I suggest a written 30-Day Notice to evict . If your son remains on the property after 30 days , then you may proceed with the eviction process by filing a Summons and Complaint with the court.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Hey I question for you guys! I recently had a a breakup with my girl which ended in a door being broken.

We don’t necessarily live together but I’m always there and I have a key. We were both running upstairs to the apartment which she can attest to this and closed the door in my face and when I tried to run inside the door was locked and it cracked the frame. She then unlocked the door and let me... Read more »

Shanone Emmack
Shanone Emmack answered on May 28, 2020

Make sure you save the text messages from her. Take a screen shot of them and save them to a file or print them out. You will need them as part of your defense. I recommend hiring an attorney to fight for you. Your attorney will discuss your case with the DA and hopefully come to a resolution.... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is it a crime for A security officer to dress and pass themselves off as police w/o saying they are?
Shanone Emmack
Shanone Emmack answered on May 26, 2020

It could possibly be criminal impersonation but, more facts are needed.

You can contact the police office and DA and they can decide if there's enough information to bring the criminal charge.

2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Tennessee on
Q: My 20 yo son got a citation (first) for simple possession of marijuana. Do we need an atty to get the charges dropped?

He was sitting in a car in the street in front of his friend's parents' house. The officer said he smelled marijuana and took a small amount of marijuana from my son. His friend's parents confirmed that he was staying with them. His citation is for simple possession (39-17-318). Now... Read more »

Shanone Emmack
Shanone Emmack answered on May 19, 2020

If Marijuana was found on your son then he could be charged with Simple Possession of a schedule VI drug. These type of cases are not usually dropped. It sounds like his first court date is an appearance date which is a formality to give defendant's their trial dates and possibly apply for an... Read more »

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1 Answer | Asked in Divorce and Domestic Violence for Tennessee on
Q: I have plenty of evidence for grounds for divorce from my husband but how can I file for divorce we both live in my hous

He can be explosive destructive and violent and I fear him receiving the paperwork would set him off and make things worse

Shanone Emmack
Shanone Emmack answered on May 19, 2020

When you file the complaint for divorce your husband will be served the papers. If you fear he will get violent then I wouldn't be alone with him. Try to make arrangements to stay somewhere else. Don't put yourself in a potentially dangerous situation.

2 Answers | Asked in Criminal Law for California on
Q: How to find out if felony still exist on record?

Would it be off record if it was over 25yrs?

Shanone Emmack
Shanone Emmack answered on May 19, 2020

Felony charges usually stay on your record for life until expunged. Call the District Attorney's office in the county you received the charge and see if you can get it expunged off your record. Certain criteria have to be met before it can be expunged.

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3 Answers | Asked in Criminal Law for Tennessee on
Q: When does low class misdemeanor deferred judgement end (how soon after agreed upon fine paid)

Asked to pay fine, if fine paid , was told that charge would be expunged . What else to be done to clear a background check?

Shanone Emmack
Shanone Emmack answered on May 19, 2020

I agree with Mr. Avery. If it was judicial diversion you will have to complete conditions of probation including paying all fines and court costs. If you can't pay them all you can ask the court to waive some of them. Once your probation officer says you have completed probation you can go to... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I was in an altercation with someone they were trying to rob me and had beaten me pretty badly I shot them they died

Their partner shot me twice once in my elbow and once in my lung that collapsed it they took my car as evidence what do I need to do and can I get my car back was this self defence

Shanone Emmack
Shanone Emmack answered on May 14, 2020

According to your facts it appears to be self defense however, this is a serous situation and an experienced attorney is needed to help and protect you.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Can I be prosecuted for taking a picture of a turkey someone else killed and send it to my friend and say I killed it
Shanone Emmack
Shanone Emmack answered on May 14, 2020

No you cannot be prosecuted for telling your friend that you killed a turkey that you did not kill.

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Federal Crimes for Tennessee on
Q: I am facing a citation for driving on revoked the first part of June. Looking for a lawyer around Columbia tn

I do have a past record.dui in2011 over alcohol. DUI second offence was in 2012. Driving on suspended....... I wasn't ordered to have the interlock untill the second one. I paid all my probation, fines, and my reinstatement fee. But i just got a job right before i was pulled over. So... Read more »

Shanone Emmack
Shanone Emmack answered on May 13, 2020

Yes it is possible to get things worked out. If you can afford an attorney then it is smart to hire one to help walk you through the process and make sure everything is completed to obtain your license. An attorney can help you obtain a waiver of the interlock device fees as well as negotiate... Read more »

2 Answers | Asked in Criminal Law for Tennessee on
Q: Can any jail in tn hold withput bond for resisting arrest for a period of time if so how long
Shanone Emmack
Shanone Emmack answered on May 13, 2020

There should be a bond listed unless its a second or more probation violation. If not, then I agree with Mr. Avery in that a motion to set bond should be filed immediately. It's important to hire an attorney to help .

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1 Answer | Asked in Domestic Violence for Tennessee on
Q: Follow up to question about girlfriends case. So even though I made a signed statement that is still the case ?
Shanone Emmack
Shanone Emmack answered on May 11, 2020

It is now the State's case and it is up to them whether they want to dismiss or prosecute. It's important that you call the DA's office and talk to them and see what they plan to do with the case.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: My girlfriend got arrested for domestic assault but I didn’t tell the whole truth in my statement. Could I go to jail

I signed my statement and I actually started the altercation. If I say that in court could I be facing jail time ?

Shanone Emmack
Shanone Emmack answered on May 9, 2020

You will probably not go to jail but you do need to call and straighten out the details. I would call the DA office and talk to the DA or witness coordinator about the issue. If they wont talk to you then make sure to give all the details on the defendant's court date. You will be the main... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: A pregnant woman in TN goes to a long term rehab for momandbaby, would she go to jail or get to keep her baby in rehab?

This woman already has 1 child endangerment charge.

Shanone Emmack
Shanone Emmack answered on May 8, 2020

It depends on the facility. Some rehabilitation facilities allow for the mother and baby to stay together. Your best bet is to hire an attorney to help find the best rehabilitation place and to defend you in the child endangerment charge. Good Luck.

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