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I live at a private railroad crossing in Tennessee, and the train frequently blocks our only way in and out for hours at a time. This affects not only me but also other residents in the area, creating a potential hazard since emergency vehicles cannot reach us, and there is no alternative route.... View More 
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answered on Jun 6, 2025
I know of no possible remedy. Railroad either has an easement or owns the land where the road crosses the track. Either way is superior to any access you might claim since it is not blocking access all the time but only when the RR uses that track. Did you not search your title before you... View More
Can the Governor of Alabama grant pardons for federal cases?
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answered on Jun 2, 2025
No
I was walking on a public sidewalk in Tennessee when a police officer stopped me, citing 'suspicious activity' as the reason for the stop. I was not committing a crime nor about to commit one. I refused to identify myself and invoked my 5th Amendment rights. The police mentioned people... View More
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answered on May 31, 2025
You do not have to speak. But lack of cooperation usually results in a lengthier detention. It sounds like you handled yourself well without getting in an argument with the LEO.
I recently learned that someone made false allegations about my family to the Department of Children's Services (DCS) in Tennessee. The allegations have not yet resulted in any actions on my part, as I am primarily interested in identifying the person who made these false accusations. Is there... View More
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answered on May 31, 2025
In Tennessee, reports made to the Department of Children's Services (DCS) about possible child abuse or neglect are generally confidential. This confidentiality exists to protect the safety of those who report suspected abuse, encourage people to come forward, and safeguard ongoing... View More
I am seeking an attorney familiar with proxy marriage laws in Tennessee. A prison system within the Tennessee Department of Corrections (TDOC) is refusing to acknowledge my legal proxy marriage, citing that their internal marriage procedures were not followed. Despite having proper documentation,... View More
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answered on May 17, 2025
This situation is understandably painful, especially when you've followed legal steps and feel that your marriage is not being respected. Proxy marriages are legally recognized in some states under certain conditions, but Tennessee generally requires that both parties be present for the... View More
My boyfriend is currently on state probation for being a felon in possession of a weapon, and his probation papers state that he is subject to search without probable cause. However, my grandmother believes that such a condition goes against constitutional rights. Can the probation condition... View More
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answered on May 2, 2025
He has already been convicted so the probation is part of his sentence. His rights have already been used and a conviction resulted. He can demand a trial of the VOP, but the probation rules are part of the judgment of conviction.
Under the Tennessee Minor Protection Act, is it illegal for anyone to use a VPN to access pornographic content without ID, or to access websites that are not banned but host pornographic material? Additionally, what charges might apply if such actions are considered illegal?
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answered on May 15, 2025
Your concern is understandable, especially with how fast laws are changing around digital access and online safety. The Tennessee Minor Protection Act was designed to prevent minors from accessing harmful material online, often requiring age verification for certain types of content. However, the... View More
In Tennessee, can police officers legally place their foot in my doorway to prevent me from shutting the door, even if they have no warrant and just want to discuss an incident unrelated to me? They claimed they were not inside my home and would not move.
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answered on May 15, 2025
What you’re describing sounds like a clear violation of your rights. In Tennessee—and across the United States—your home is protected by the Fourth Amendment, which guards against unreasonable searches and seizures. If police do not have a warrant, consent, or urgent circumstances (like... View More
I am helping my friend, who was sentenced to life without parole in Tennessee for an offense committed in 1993. We are currently going through an appeals process and need clarification on sentence calculation laws. Specifically, we want to understand if the sentence calculation should be based on... View More
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answered on Apr 23, 2025
Law in effect at time of offense controls.
I am involved in a legal situation where two alleged suspects are being investigated for felony vandalism by a campus police department. Two search warrants for electronic surveillance were granted on August 13 and August 20, 2024, based on the same information for GPS data regarding cellphone... View More
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answered on Apr 17, 2025
If you are charged with a crime then make a motion to suppress evidence. But throwing out SW generated evidence is rare and it does not look good here. Do not discuss this case with anyone but a lawyer, and it was time for a new phone a long time ago. It looks like you are talking to LEOs.
I am involved in a criminal case regarding felony vandalism. A judge granted search warrants for GPS location (electronic surveillance) on August 13, 2024, and August 20, 2024. I recently received a notification from a detective that the GPS records were obtained on April 10, 2025. The case was... View More
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answered on Apr 16, 2025
If no criminal charges have been filed, then there is no remedy for the search warrants. No Court is involved in which to file a motion.
I am involved in a legal case where electronic surveillance search warrants for cellphone location data were granted on August 13, 2024, and August 20, 2024, by the same judge. The warrants are supposed to cover GPS phone location data from April 13, 2024, to the present date. The officer who... View More
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answered on Apr 15, 2025
What kind of legal case are you in? Criminal would involve an indictment and you might file a motion to suppress evidence elicited through the SW. But going after both SWs as illegal will probably fail as they sound based on probably cause. Your lawyer needs to start representing you. You... View More
I received a traffic camera ticket for accidentally running a red light in Kingsport, TN, and I'm wondering what the consequences are if I don't pay it. I received the citation through first-class mail two weeks ago, and I have no prior traffic violations. I believe I might not be... View More
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answered on Apr 15, 2025
Civil Judgment is possible, but no points on your MVR.
I am considering filing a federal lawsuit against TN DCS for violating my civil rights, specifically regarding due process. TN DCS failed to follow the established permanency plan and changed it without my approval as the legal guardian. They have also excluded me from the process, lied to my... View More
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answered on Apr 13, 2025
Filing a federal lawsuit against the Tennessee Department of Children’s Services (DCS) for civil rights violations related to due process and parental alienation is a serious step. You should first exhaust all available administrative remedies, such as filing formal complaints with the agency and... View More
In August 2024, without a warrant, police in Meigs County, TN entered my property and took my daughter based on a false statement from my grandmother. She claimed I was endangering my daughter and was homeless, although I was renting to own 5 acres from Roy Holmes. I have pictures and recordings... View More
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answered on Apr 12, 2025
Tennessee Child Welfare Proceedings Analysis
Your situation involves potential violations of your Fourth Amendment rights under Tennessee law, as warrantless entry to remove a child generally requires exigent circumstances meeting the "imminent danger" standard established in... View More
In 2019, I was arrested for failing to pay court fees without being allowed to demonstrate my inability to pay. I was not informed about any legal options, had no legal representation, and there was no evaluation of my financial status before the arrest. Isn't this unconstitutional?
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answered on Apr 11, 2025
No...You should have hired an attorney to represent you. Outside of the arraignment, there is probably no other requirement to explain what your charges are. The only right that might be required to be explained is if your own speech will be used against you.
I am a felon whose citizenship rights have been restored pursuant to T.C.A. § 40-29-101 and T.C.A. § 40-29-107, including the right to vote, serve on a jury, and eligibility to possess a firearm under T.C.A. § 39-17-1307(b)(1), effective as of March 7, 2025. My charges included 2 counts of... View More
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answered on Mar 23, 2025
It is possible that your firearm disability in TN is removed. But since the conviction is not expunged, anytime you are accosted by LEOs, with a firearm, you will be at least detained if not arrested. There are also age requirements involved, and possibly some other incident in your life may... View More
I am facing a situation in Tennessee where my driver's license has been suspended due to unpaid child support. Despite my financial hardship and lack of legal representation, the child support organization refuses to reinstate my driving privileges. I believe this action infringes on my rights... View More
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answered on Mar 10, 2025
TNDL suspension is a statutory sanction for non payment of CS. Driving is not a right but a privilege. If you have a job and owe alot of CS, you might talk to a CH 13 Bankruptcy attorney. I have seen this cure the problem in 5 years while the the DL is conditionally reinstated.
I am a high school student in Tennessee and have become increasingly worried about the threat of school shooters and escalating violence, such as fights, at my school. I am considering regularly wearing a bulletproof vest to school as a precautionary measure. I have discussed this idea with my... View More
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answered on Mar 23, 2025
In Tennessee, civilian ownership of body armor is generally legal for non-felons. Tennessee law allows any civilian to purchase and use a bulletproof vest unless that adult has been convicted of a felony. However, there are important considerations regarding where and when it can be worn.... View More
I requested a religious exemption for vaccines for my child at a private school in Tennessee, and it was denied because it goes against their policy. The school's handbook includes guidelines for exemptions, and I've communicated with the administration about this issue. Are private... View More
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answered on Mar 23, 2025
Tennessee law does state that children may be exempt from immunization requirements when a parent files "a signed, written statement that the immunization and other preventive measures conflict with the parent's or guardian's religious tenets and practices, affirmed under the... View More
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