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Questions Answered by Shanone Emmack
1 Answer | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Civil Rights for Tennessee on
Q: i received citation but cop has no info on pink copy except the court date which is dated for1/20 & its1/21 is it via?
Shanone Emmack
Shanone Emmack answered on Jan 11, 2021

you will need to call Maury County clerk's office. Your case will likely be reset because the courts are closed to most in-person proceedings until the end of January. The clerk's office will give you the correct court date.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What can I do if court appointed attorney won't return phone call or set up appointment and I can't afford an attorney?

My husband has been incarcerated for 7 months. His court appointed attorney has only seen him one time and that was when he was in front of the judge. She has not asked him what happened or gotten his side of the story. Her assistant said for my husband to call and give them the ok to discuss the... Read more »

Shanone Emmack
Shanone Emmack answered on Jan 9, 2021

The best solution is going to be to hire an attorney. I know you said you cannot afford one, but I would try to find a way to hire private counsel because they will give your husband and his case the attention it deserves.

Public defenders are busy and usually have a heavy case load. That...
Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: I havent mafe a restitution payment in 3 months with court coming up will o go to jail

Judge told me to contact a prob officer upon each. Payment but havent been able to make payment yhetefore havent contacted officer

Shanone Emmack
Shanone Emmack answered on Dec 12, 2020

You could receive a probation violation if you haven't abided by your probation conditions. I recommend calling you probation officer as soon as possible and make some type of arrangement. Ask you probation officer if they are going to issue a violation. Good Luck !

2 Answers | Asked in Criminal Law for Tennessee on
Q: Because of coronavirus is it a favorable time for some one to turn them self in over a probation violation ?
Shanone Emmack
Shanone Emmack answered on Nov 21, 2020

Yes you should turn yourself in but , before you do, call and find out what your bond is or if you will be released on your own recognizance (ROR). That way you can plan ahead and get in and out relatively quickly. Good Luck!

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1 Answer | Asked in Criminal Law for Tennessee on
Q: I have a friend im trying to help who violated parole. She failed a drug screen. Now there is a warrant against her.

She is bi polar and shud never have stood trial and any lawyer who spent 5 mins with her wud have known that. Shud she go straight to rehab, call the DA, her PO, or what? Calling her PO hasn't helped with any of this. She and I need help and cannot afford legal defense.

Shanone Emmack
Shanone Emmack answered on Oct 22, 2020

If there is a warrant she needs to go ahead and turn herself in. She can call and find out how much her bond is and arrange to be bailed out immediately. Hopefully a bonding company will help her. Getting into a rehab facility is a smart idea to help minimize jail time and get her some help.... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was charged with patronizing prostitution and unlawful carry about a year ago. do i get my money the police stole???

case was dismissed

Shanone Emmack
Shanone Emmack answered on Oct 6, 2020

Yes, you should get all your property back. You need to go down to the police station and request it. If they refuse then you may need a release order from the District Attorney.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can i get my theft under 500 charge from Wal-Mart thrown out on the grounds of being disabled with brain injury

I actually thought my car had been stolen from Wal-Mart parking lot while i was in jail that night. My aunt finally found out that it was at a different walmart. That is how bad my memory is along with many other issues bc of my brain injury disability

Shanone Emmack
Shanone Emmack answered on Sep 21, 2020

If you mental capacity was in question at the time of the event (the theft) then I suggest hiring an attorney to talk to the District Attorney and request a mental evaluation . Good Luck!

2 Answers | Asked in Estate Planning, Landlord - Tenant and Probate for Tennessee on
Q: we live in my wife's father's house for more than 20 years. when he dies can the family throw us out?

he has no will

Shanone Emmack
Shanone Emmack answered on Sep 7, 2020

If there is no will, and the father is not married , and the house is not jointly owned, then the house should vest in the children when he dies. If your wife becomes joint owner she cannot just be thrown out of the house. I suggest talking to an attorney to understand the whole process.

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1 Answer | Asked in Criminal Law and Traffic Tickets for Tennessee on
Q: I was wondering if there's a statute of limitations on misdeamenor court fines in TN it's been 8 years

it's been 8 years and they are now trying to collect even though I was found indigent. Also is there a statute of limitations on traffic fines? it's been 10 plus years and I still can't get my license

Shanone Emmack
Shanone Emmack answered on Aug 18, 2020

I'm not sure about the statute of limitations. However you may be able to get some fines and costs waived by the court if you are found to be indigent. You will need to get a court date and fill out an affidavit of indigency and ask the judge to waive your costs and fees. Some costs can't... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: My boyfriend got picked up and had been bonded out of Blount county, house long does sevier county have to pick him up?

He has a warrant for probation violation in sevier county Tennessee

Shanone Emmack
Shanone Emmack answered on Aug 18, 2020

They usually take 3-7 days. If he is released from Blount County he will still need to go to Sevier County and turn himself in for the warrant .

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Charges were filed for domestic assault July 20th. He was arrested. Court date is September 10th.

My daughter was abused for 2 years. Old scars from being whipped with a belt and scars on her legs from being beaten with a piece of wood. She has face damage that is being addressed. No one has contacted us since, a Domestic Violence Advocate was supposed to contact either me or my daughter, but... Read more »

Shanone Emmack
Shanone Emmack answered on Aug 18, 2020

Nothing right now. Your daughter will need to appear on the court date as the main victim/witness. The domestic assault charge will hopefully be addressed on Sept 10th. If he pleas guilty he will likely be required to do jail time or probation and to stay away from your daughter. He will (... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: My father who recently passed away I was his caregiver he gave me a few things before passin he had no will no POA

A sibling is threaten to get probate

Shanone Emmack
Shanone Emmack answered on Aug 9, 2020

If your father died without a will (intestate) then your father's estate will be divided among his wife and children.

You can petition the court to be the personal representative and handle your father's estate. If your sibling becomes the personal representative then he/she will...
Read more »

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.

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