Questions Answered by Lawrence James Arnkoff

Q: Does the defendant need legal counsel during grand jury proceedings?

2 Answers | Asked in Criminal Law for Tennessee on
Answered on Mar 15, 2019
Lawrence James Arnkoff's answer
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 or the District Attorney submitted it to the

Grand Jury after a general sessions judge found no probable cause. The defendant will not in most cases appear before the grand jury but there are...

Q: My daughter is 17 and was written a citation to appear in court for shoplifting. What I can I expect to happen?

3 Answers | Asked in Criminal Law for Tennessee on
Answered on Feb 26, 2019
Lawrence James Arnkoff's answer
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 attorney should reduce your stress levels

and hopefully resolve your daughter's case without a conviction.

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.

2 Answers | Asked in Criminal Law for Tennessee on
Answered on Feb 20, 2019
Lawrence James Arnkoff's answer
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 say for sure what is on it but any category that shows

department of corrections would most likely mean he has

spent time in custody. Trust your instincts and ask both of them...

Q: I am a fireman that just got charged with simple possession. I've never been in trouble before and seeking Diversion.

3 Answers | Asked in Criminal Law for Tennessee on
Answered on Feb 13, 2019
Lawrence James Arnkoff's answer
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 conviction. A better alternative would be to seek a retirement of the charge. That does not require a plea of guilt. A retirement

on simple possession can last a year and include conditions...

Q: I am looking for information on how to obtain my Pre sentence investigation report from 2001.

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Feb 6, 2019
Lawrence James Arnkoff's answer
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 se

motion in that court asking the Judge to have the clerk of the court

release a copy of the PSR to you. Since it is not public record the clerk

cannot release it without a...

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

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Dec 30, 2018
Lawrence James Arnkoff's answer
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 for the violation will tell you how much incarceration

is possible. I had a client recently fail several drug screens, testing positive for marijuana.

Probation filed the violation but...

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

3 Answers | Asked in Criminal Law for Tennessee on
Answered on Dec 20, 2018
Lawrence James Arnkoff's answer
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.

Customarily the attorneys for the DMVHS will negotiate what is

considered to be a "buy back" amount based on the offense and the value the vehicle. If you hire an experienced forfeiture...

Q: can a person with no priors, not an addict, be forced into impatient rehab based on an officer judging her looks?

2 Answers | Asked in Criminal Law and Constitutional Law for Tennessee on
Answered on Dec 20, 2018
Lawrence James Arnkoff's answer
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 court

appearance on the drug case a recommendation was made

for residential treatment. Usually those recommendations

come from defense counsel, the prosecutor, or the...

Q: Was assulted in my front yard, resulting in broken bones reconstructive surgery, stitches and concussion.

3 Answers | Asked in Criminal Law and Personal Injury for Tennessee on
Answered on Jun 28, 2018
Lawrence James Arnkoff's answer
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 attorney to file a civil lawsuit and you should consult with one who specializes in personal injury work. Unfortunately many times

you can obtain a judgment against the one who injured you...

Q: Domestic violence effect citizenship

2 Answers | Asked in Domestic Violence, Immigration Law and Criminal Law for Tennessee on
Answered on Jun 18, 2018
Lawrence James Arnkoff's answer
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 you.

Q: I was a passenger in a car when an officer pulled us over. He smelled the odor of marijuana and eventually searched my

1 Answer | Asked in Criminal Law for Tennessee on
Answered on May 29, 2018
Lawrence James Arnkoff's answer
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 you could never successfully navigate

those procedural motions without a skilled attorney.

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

2 Answers | Asked in Criminal Law for Tennessee on
Answered on May 21, 2018
Lawrence James Arnkoff's answer
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 convince the District Attorney's office to keep it in juvenile court.

Q: if ur in jail for improper lane usage nd influence of first offense can you fight your case i they called immigration?

3 Answers | Asked in Criminal Law and Immigration Law for Tennessee on
Answered on May 16, 2018
Lawrence James Arnkoff's answer
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

situations is not to post the bond. When the criminal case is over they will be placed in ICE custody where

they should have sufficient time to fight the deportation. I recommend you hire...

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?

1 Answer | Asked in Criminal Law for Tennessee on
Answered on May 14, 2018
Lawrence James Arnkoff's answer
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.

Q: 3 Juveniles broke in my home and stole some items. The Police have recovered some of the items. Will I get them back?

1 Answer | Asked in Criminal Law and Juvenile Law for Tennessee on
Answered on May 9, 2018
Lawrence James Arnkoff's answer
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 you would like your property returned

as soon as possible.

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?

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Apr 3, 2018
Lawrence James Arnkoff's answer
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

a compensable injury and if so has the statute of limitations passed. Don't assume that since

a year has passed that the SOL has expired. Consult an attorney. Whether you have a civil...

Q: Can someone be charged with theft of equipment if they got the equipment back?

2 Answers | Asked in Consumer Law, Contracts and Criminal Law for Tennessee on
Answered on Mar 27, 2018
Lawrence James Arnkoff's answer
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 good news is returning the property is a significant mitigating factor that prosecutors and judges look at in resolving the case. If you get charged with a crime it would be wise to hire an experienced...

Q: Can I get in legal trouble if my girlfriend and I continue talking after being contacted by an officer of the law?

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Mar 19, 2018
Lawrence James Arnkoff's answer
The answer is YES they can. IF you were told that, then there must be a stay away order

in place. No contact means no contact. If she calls or texts you be sure to keep a record

of the transaction on your phone. You aren't liable if she violates the order by contacting you

but you cannot use that as an excuse to reply. Your best bet is to find an experienced lawyer

who can get the stay away order lifted.

Q: If my sister turns herself in for a felony warrant about how much will her bond be? We want to gather the money before

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Mar 7, 2018
Lawrence James Arnkoff's answer
I would recommend you call the Sheriff's Department in the County where the warrant

originated. They should be able to tell you if there is a standard bond amount for the offense.

After surrendering, your sister might have to make an initial appearance before a magistrate

if there is no standard bond.

Q: Does Tennessee have a drug conspiracy offense

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Mar 6, 2018
Lawrence James Arnkoff's answer
Tennessee has a conspiracy statute that would apply to all offenses not just drugs. I am attaching a copy for you.

2010 Tennessee Code

Title 39 - Criminal Offenses

Chapter 12 - General Offenses

Part 1 - Inchoate Offenses

39-12-103 - Criminal conspiracy.

39-12-103. Criminal conspiracy.

(a) The offense of conspiracy is committed if two (2) or more people, each having the culpable mental state required for the offense that is the object of...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.