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
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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


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.