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Questions Answered by Lawrence James Arnkoff
2 Answers | Asked in Criminal Law for Tennessee on
Q: what happens if i couldn't get a lawyer in time for court

i paid my bail for both selling beer to a minor and misdemeanor of a firearm, but i couldn't get a lawyer in time for court. what will happen to me.

Lawrence James Arnkoff
Lawrence James Arnkoff answered on Jul 8, 2019

Don't panic. If the Court determines you are indigent and cannot afford to hire

counsel an attorney will be appointed. If you are not indigent or you

prefer to hire private counsel most likely the judge will give you a

reasonable amount of time to hire one. Be prepared to...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: I am 16 and was caught stealing gifts cards at walmart, so they fired me and said they would file a police report

The amount is over $1000, so they said it classifies as a felony. I do not know anything about this. I would mainly like to know if this would involve my parents in any way.

Lawrence James Arnkoff
Lawrence James Arnkoff answered on Jun 19, 2019

Due to your age you should be charged as a juvenile although they have the ability to

charge you as an adult. If you are charged as a juvenile I don't see any realistic way

your parents will not be involved. Where in Tennessee did this happen?

1 Answer | Asked in Criminal Law for Tennessee on
Q: My son is in fed prison however he has a hold on him in blount co for probation violation. His time is done there.

I have all paperwork where his time was figured in nashville. Is there any way to get this resolved so that when released from prison he doesn't have to turn himself into blount co. To wait for this issue to be resolved.

Lawrence James Arnkoff
Lawrence James Arnkoff answered on Jun 7, 2019

This is a fairly common situation. It is very difficult to get the state authorities

to resolve an outstanding case prior to the federal prisoner completing his

federal sentence. The Federal Bureau of Prisons is required to transfer

a prisoner to the state authorities if...
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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 »

Lawrence James Arnkoff
Lawrence James Arnkoff answered on Mar 15, 2019

My answer may be little unconventional but I think it is practical. I have represented quite a few clients

in federal grand jury matters. In state cases the defendant either agreed to bind the case over voluntarily,

a general sessions judge bound it over at a probable cause hearing...
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3 Answers | Asked in Criminal Law for Tennessee on
Q: My daughter is 17 and was written a citation to appear in court for shoplifting. What I can I expect to happen?

It was under $1,000. We live in TN. She has never been in trouble before. However, the officer who wrote the citation accidentally listed her as 18 and she is only 17. So, the citation is written for her to appear in adult court. I am extremely scared for her and do not know if I need to spend... Read more »

Lawrence James Arnkoff
Lawrence James Arnkoff answered on Feb 26, 2019

I agree with my fellow counsel who have already posted that

you should seek out an experienced criminal attorney for

your daughter. In today's world if someone has criminal history

it can impact them in in a negative manner for years to come.

Finding the right...
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2 Answers | Asked in Criminal Law for Tennessee on
Q: My roommate wants her boyfriend to move in with us. I have a young daughter so Did an arrest and backgroun check on him.

I am a 39 single mom, I formed a mother daughter like bond with a sweet very lonely lady in her late 60’s that I have worked with for a few years . I trust her completely and let her move in when she needed a place to stay, plus I worry about her health. Well... 6 months after moving in she met... Read more »

Lawrence James Arnkoff
Lawrence James Arnkoff answered on Feb 20, 2019

Your intuition regarding letting this man move in is correct.

Nothing about the situation or his background would lead

you to conclude it would be prudent to expose your daughter

and yourself to take that risk. Not having his criminal history in front of me

I can't...
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3 Answers | Asked in Criminal Law for Tennessee on
Q: I am a fireman that just got charged with simple possession. I've never been in trouble before and seeking Diversion.

My job is very clear that i cannot have any drug charge on my record. Will this charge appear during the Diversion? My 15 yr career is at stake!

Lawrence James Arnkoff
Lawrence James Arnkoff answered on Feb 13, 2019

Diversion requires a plea of guilty however the Court withholds adjudication

of guilt while you complete the conditions of your supervision. If you are successful

the case eventually gets dismissed and you can seal your record. If you are

unsuccessful you will wind up with a...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: I am looking for information on how to obtain my Pre sentence investigation report from 2001.

I am needing all my information from my case so I can apply for a pardon from the president. I will be needing this for the mandatory information required for the application.. please help and thank you

Lawrence James Arnkoff
Lawrence James Arnkoff answered on Feb 6, 2019

I am assuming from your question that you have a federal conviction.

If so your PSR should be available at the U.S. probation office

in the district your were sentenced. Also the attorney who represented

you at the time should have a copy. If that fails you could file a pro...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: In federal court, if violated for failure to report with 11 months left on a 5 year term, how much time can they receive

It is first violation, the individual has had one dirty ua over the span of 4 yrs, but did not get violated on it. Was put on color code random drug screens for several months and had no issues.

Lawrence James Arnkoff
Lawrence James Arnkoff answered on Dec 30, 2018

I would need more information to answer this with any certainty. I do not practice

in the Eastern District where the violation occurred but in the Middle District

it would be highly unlikely any period of incarceration would be imposed. Knowing

what the guideline range is...
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3 Answers | Asked in Criminal Law for Tennessee on
Q: Who do I pay the money to to get my car back. I’m trying to see what I have to do. I’m lost! My car got seized

I would like to hire a lawyer

Lawrence James Arnkoff
Lawrence James Arnkoff answered on Dec 20, 2018

In Tennessee if you have to pay anything to have your vehicle returned

in a forfeiture procedure it will be to the seizing law enforcement

agency for the settlement and the administrative costs are paid

to the clerk of the Department of Motor Vehicles and Highway Safety....
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2 Answers | Asked in Criminal Law and Constitutional Law for Tennessee on
Q: can a person with no priors, not an addict, be forced into impatient rehab based on an officer judging her looks?

She has Excema, and an officer suggested she go into a rehab facility based on her skin condition that day. No prior arrests, and she isn’t an addict. Was only charged with misdemeanor possession bc it was at her friends that she lives with. This is unfair and unconstitutional.

Lawrence James Arnkoff
Lawrence James Arnkoff answered on Dec 20, 2018

I don't think you have a complete understanding as to what is going

on in the criminal matter you have questioned. A law enforcement officer

has no authority to compel an individual into residential rehabilitation. From what little facts you have given I will guess that that at some...
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3 Answers | Asked in Criminal Law and Personal Injury for Tennessee on
Q: Was assulted in my front yard, resulting in broken bones reconstructive surgery, stitches and concussion.

He is being charged with aggravated assault. What legal recourse do I have?

Lawrence James Arnkoff
Lawrence James Arnkoff answered on Jun 28, 2018

You have two avenues available to you. The first has already commenced because the state has filed criminal charges. That is crucial to any possibility of your recovering for your damages. If the person is convicted the Judge must impose restitution for your injuries. The second avenue is hiring an... Read more »

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2 Answers | Asked in Domestic Violence, Immigration Law and Criminal Law for Tennessee on
Q: Domestic violence effect citizenship

Me and my wait had an argument and her son called police and i spend the day in the jail and got out next day and after 6 month i went back to the cour and the judge told me the case will end like it has nothing coz it was first time and they followed through 6 monthes everything was fine now im... Read more »

Lawrence James Arnkoff
Lawrence James Arnkoff answered on Jun 18, 2018

I agree with Carl you should seek the services of an experienced immigration

attorney. It sounds like your case was either diverted or retired which means

that possibly you never admitted guilt. I am not familiar with Indiana law so

I can't tell you how this played out for...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: I was a passenger in a car when an officer pulled us over. He smelled the odor of marijuana and eventually searched my

Purse by unzipping it and finding a grinder and scale. Charged with possession of an instrument of crime and drug paraphernalia. What can I do? Was this search legal?

Lawrence James Arnkoff
Lawrence James Arnkoff answered on May 29, 2018

The best thing you could do is hire an experienced criminal defense attorney.

Any conviction be it a misdemeanor or felony can have adverse consequences in

your future. You may have a viable motion to suppress the search of your purse

and maybe the stop of the vehicle but...
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2 Answers | Asked in Criminal Law for Tennessee on
Q: If a 17 year old is caught with 149.5 grams of marijuana and scales in Rutherford county can they be charged as an adult

They were booked into juvenile but will be 18 at time of court date.

Lawrence James Arnkoff
Lawrence James Arnkoff answered on May 21, 2018

Yes they could be charged as an adult regardless of when they turn 18. Since it appears

this is more than a simple possession case the chances of it being removed to adult

court would be greater. They should hire an experienced criminal defense attorney

who might be able to...
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3 Answers | Asked in Criminal Law and Immigration Law for Tennessee on
Q: if ur in jail for improper lane usage nd influence of first offense can you fight your case i they called immigration?

i think they have him on hold there no date when will immigration take him they might send him to luisiana is there a chance he can be released or he will be deported

Lawrence James Arnkoff
Lawrence James Arnkoff answered on May 16, 2018

Sounds like someone has a DUI and is in custody with an ICE hold. Their criminal case

will have to be resolved first and then ICE will pick them up. If you post bond for the

criminal offense they will not be released they will go into ICE custody. My recommendation in those...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: If a 17 year old is caught with 149.5 grams of marijuana and scales can they be charged as an adult after being charged?

They were booked into juvenile but will be 18 at time of court date.

Lawrence James Arnkoff
Lawrence James Arnkoff answered on May 14, 2018

A juvenile can be charged as an adult regardless of when they turn 18. Not knowing

what county in Tennessee this happened in it is hard for me to give you an opinion

as to whether that is likely to happen.

1 Answer | Asked in Criminal Law and Juvenile Law for Tennessee on
Q: 3 Juveniles broke in my home and stole some items. The Police have recovered some of the items. Will I get them back?
Lawrence James Arnkoff
Lawrence James Arnkoff answered on May 9, 2018

Yes but you might have to wait awhile before you get them back. As long as

they are evidence they will be held by the prosecuting authority. Find out

who the lead officer is on the case and respectfully ask him to keep you advised

of the progress on the case and remind him...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: I was the victim of a crime last year on Feb 1st. The criminal case is still ongoing. How long do I have to sue in TN?

My leg was severely broken by someone. I had to have surgery to have my leg repaired. I will have issues forever because of this. The district attorney has been handling my case and I was under the impression that I had to let the criminal case unfold before filing suit against him. Am I too... Read more »

Lawrence James Arnkoff
Lawrence James Arnkoff answered on Apr 3, 2018

Your question seems to be has the statute of limitations run on your possible civil claim.

I would need to know if your leg was broken negligently or as a result of an intentional act.

I recommend you find an experienced negligence attorney to help you determine if you have...
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2 Answers | Asked in Consumer Law, Contracts and Criminal Law for Tennessee on
Q: Can someone be charged with theft of equipment if they got the equipment back?
Lawrence James Arnkoff
Lawrence James Arnkoff answered on Mar 27, 2018

I am assuming when you say "they" you are referring to the rightful owners. The answer to your question

is absolutely yes you can be charged with the theft if you unlawfully deprived the owner of their property

for any length of time. Returning the property is not a defense. The...
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