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Tennessee Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: what can be done after a guilty plea if the judge and state ignore exculpatory discovery requests?

also there are many clear violations of the rules of judicial conduct and Tenn Sup Ct Rule10B

Anthony M. Avery
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answered on Sep 27, 2023

If the plea just occurred, a motion to withdraw plea should be filed immediately. If the Judgment of Conviction has not been entered, there is a chance of quashing the guilty plea. If later, then withdrawal is iffy. Otherwise an appeal of the Sentence may be the only real option besides a... View More

0 Answers | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Police ask for ID and I ask why. Without telling me why they handcuffed me for asking. Were my rights violated?

I was at the Laundromat doing wash and while i was waiting fir it to be done I went across the street to a store when I came out the cops were waiting for me asking for id. I very politely asked why and they grabbed me forcibly and handcuffed me saying "When law enforcement in Tennessee ask... View More

1 Answer | Asked in Civil Rights for Tennessee on
Q: Minor with citation for trespassing on school grounds. School board is not pressing charges. Police officer is.

Minor (student) entered school premises through an unlocked door during the weekend. The police officer on duty reviewed the footage and charged the student with trespassing. The school suspended the student but did not plan on further action. The police officer is not dropping the citation. Is... View More

Anthony M. Avery
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answered on Sep 12, 2023

Hire a competent attorney to represent him in Juvenile Court. It should not be serious, but defendant needs to be respectful and remorseful. Juvenile Records are sometimes used against you later. Diversion and Dismissal may be advisable.

2 Answers | Asked in Bankruptcy, Foreclosure, Agricultural Law and Civil Rights for Tennessee on
Q: How can I find a lawyer pro bono ?

I have identity theft that has effected every thing about me and financially

White collar crime in my name that seems to have followed me from The State of Florida

Timothy Denison
Timothy Denison
answered on Sep 7, 2023

Contact your local Bar association or legal aid society. They maintain lists of pro Bono lawyers.

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0 Answers | Asked in Civil Rights, Collections and Landlord - Tenant for Tennessee on
Q: we have several guests in our hotel that owes us $500 - $2500. What are the penalties for leaving hotel without paying?

What are the guidelines we must follow in collecting money owed by guests who leave without paying.?

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: iM on a Interstate Compact from Ky to TN. MY parole officer and I have different dates as my EXP. Date by like 4 years?

all paperwork I have from the past says that my Exp. Date is 10/27/23 papers like my old time sheets from being inside, and my discharge papers from where I was released on parole in June of 2020 but Po has 9-1-27. I have a min and Max date that I can be released from depends on programs and... View More

Henry Ambrose
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answered on Sep 11, 2023

Contact the lawyer who represented you and get a copy of the signed judgement. That will have the exact sentence you are to serve. After that will come the method of calculation for that sentence. The state where you were convicted will have that authority and your lawyer should be able to contact... View More

1 Answer | Asked in Civil Rights and Criminal Law for Tennessee on
Q: Do you have to open a hotel room door for the police if they are looking for a friend that is not listed as a hotel gues

If my friend Peter has a hotel room in his name only and the police come looking for his friend James who is not listed as a hotel guest does Peter have to open the door for the police?

Cayley Turrin
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Cayley Turrin
answered on Aug 22, 2023

That is a very broad question and would depend on a variety of factors.

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: I was served a summons last Wednesday from 2004 for a $43 dollar check was the statue of limitations not up?

I was arrested according to Tennessee code section 40-6-206 says for a misdemeanor 5 years to serve and I told them that at the county court house here and they said they just work there even the sheriff that booked me said it was a illegal arrest i need some help please

Anthony M. Avery
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answered on Aug 11, 2023

If it was initiated within 1 year of the offense, then charge is probably timely. Cheapest, easiest action is to bring cash to Court. If no victim appears, ask to dismiss. If victim there, ask DA to make restitution, costs, and get it Diverted, Dismissed, and then Expunge it. Might hire an... View More

1 Answer | Asked in Criminal Law, Civil Rights and Libel & Slander for Tennessee on
Q: How long can TN hold you with no indictment or conviction on a A class felony offense?

They are innocent being prosecuted in a racist hick town with little evidence and bad sources so any loop holes to avoid my family dying a martyr would be ever so helpful

Anthony M. Avery
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answered on Aug 7, 2023

Indictment for an A Felony usually garners a large Bond. If not made, defendant stays in jail until trial. Defendant needs an attorney to move to reduce Bond. Sometimes special Bond Conditions can be ordered besides just cash.

1 Answer | Asked in Civil Rights and Insurance Defense for Tennessee on
Q: what is the penalty for a courts failure to appoint a guardian adlightum for a minor with infant? /
Anthony M. Avery
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answered on Jul 17, 2023

That is the Court's prerogative. The minor can file a request for a rehearing or even an appeal, but was the motion made? The minor apparently either needs an attorney or represent himself.

1 Answer | Asked in Civil Rights, Criminal Law and Health Care Law for Tennessee on
Q: How long does a jail have to give a mental health person there medicine?
T. Augustus Claus
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answered on Jul 13, 2023

A jail is required to provide prescribed medication to an individual with mental health needs within 24 hours of admission. The jail is responsible for ensuring that necessary medications are administered as prescribed, taking into account any medical or mental health conditions of the individual.

2 Answers | Asked in Civil Rights for Tennessee on
Q: Can police or sheriff enter a locked gate that is posted no trespassing without a warrant or emergency

Then proceed to open the screen door then front door

John Michael Frick
John Michael Frick
answered on Jul 7, 2023

In the absence of consent, probable cause, or exigent circumstances, any evidence police or a sheriff recover under the facts presented cannot be used as evidence in a subsequent criminal proceeding. In addition, the officers involved may be liable in civil court for any damages they caused, for... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: If someone has been incarcerated since February 23rd and has only had their arraignment in TN is it lawful
Anthony M. Avery
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answered on Jun 27, 2023

It is probably a legal detention. Has a bond been set? Does he have an attorney? Is he at General Sessions or Criminal Circuit Court? If the Bond is too high, has he moved to lower it? These are all questions that should be addressed to his attorney. He probably needs to be... View More

1 Answer | Asked in Traffic Tickets and Civil Rights for Tennessee on
Q: Do I have to hand a police officer my ID in Tennessee or can I display it?
Anthony M. Avery
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answered on Jun 8, 2023

You will want to comply with LEO's request for whatever documents he asks for. If he does not ask for an item, then do not give it to him. Compliance with reasonable and lawful demands of LEOs at traffic stops helps alot with not being charged. Have vehicle documents ready to present to... View More

2 Answers | Asked in Personal Injury, Traffic Tickets, Civil Rights and Libel & Slander for Tennessee on
Q: If I'm sitting at a RED light & the driver in front of me backs up, hitting me, why am I getting tickets?

The driver's ball hitch hit our front tag, no damage. Driver continued on. We went to the ATM & are surrounded by approx 5 officers pointing guns at our heads. I got 2 tickets, 1 for leaving the scene & tailgating. We were STOPPED. WE WERE HIT. We were at our bank's drive-thru... View More

Anthony M. Avery
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answered on Jun 7, 2023

Since no arrest, only a short stop and detainment, damages are minimal. The Tickets(Citations) must be dismissed by the Court. So you need an attorney to go to Court on the Rule Of The Road Violations, and an attorney that knows GTLA law so a Federal Civil Rights Suit can be brought, or at... View More

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2 Answers | Asked in DUI / DWI, Civil Rights and Criminal Law for Tennessee on
Q: If you are arrested for DUI doe you have to be read your rights? If you request your medical Power of attorney and they

Ignored my multiple requests, doesn’t that violate my rights?

Jay Moreland
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Jay Moreland
answered on Jun 3, 2023

Police only have to read you your rights (Miranda rights) if they intend on questioning you after your arrest. Once you are detained, the officers should mirandize you and only get a statement from you after you've waived your rights to an attorney and against self-incrimination. Anything you... View More

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1 Answer | Asked in Employment Law and Civil Rights for Tennessee on
Q: Disability discrimination

I got a job offer from Toyota which I signed. I took a drug test and brought my epilepsy medicine with me. The drug testing place (who works directly for Toyota) is now refusing to release my test results to Toyota Hr until I provide them with a letter from my doctor acknowledging that I am capable... View More

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

Both the Federal government and many states have laws protecting the employment rights of disabled individuals, epilepsy is considered a disability. Often employers are required to undergo a discussion with the employee before making any decision that would deny them rights. It sounds like the... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Rights, Energy, Oil and Gas and Probate for Tennessee on
Q: The electric company will not turn on service. I showed them a will. The house goes to us 3 daughters.

I am one but they will not turn on service even through I'm on oxygen at night. The excudar is my one sister that is still alive. They want her to sign a document saying whe is the owner and I am a tenant. She refused to sign anything. I am in the process of doing the title transfer but in the... View More

Anthony M. Avery
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answered on May 17, 2023

If the will is not probated it has no effect, including sister not being an executor. If no will then you might be an heir, so a recorded Affidavit of Heirship might help (both as a source of title and to get the power in your name). Hire an attorney to determine heirship and draft an... View More

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