Franklin, TN asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee

Q: (Franklin, Tennessee) Does "39-16-510. Retaliation for past action" apply in the situation described below.

My sister Maureen was pulled over in Franklin, TN because her tabs were expired by 14 days. Maureen knows her rights very well and she calmly and politely stated her rights to the police officer. This upset him and he entered her vehicle, physically removed her from her car, handcuffed her and took her to the Williamson County Jail. A $1500 bond was charged for her release. With the assistance of a friend with years of legal experience, a counterclaim was drawn up and sent to the police officers. They officers never responded to the counterclaim.

More than a year passed.... now, Maureen is being charged with a felony for 'Retaliation" 39-16-510 - 'retaliation for past action'. Common sense tells you that this is wrong; Maureen was only trying to redress wrongs -- there was no criminal intent whatsoever.... just a pursuit of justice for having her rights violated.

1 Lawyer Answer
Anthony M. Avery
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Answered
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Maureen is charged with a serious Felony. She needs to hire a competent attorney now. It appears that she knows nothing about her rights and now the DA is after her. More than likely her suit lacked any merit, and definitely was not a counterclaim. This could get much worse and has been made this bad by unauthorized persons trying to practice

law.

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