Get free answers to your Constitutional Law legal questions from lawyers in your area.
I have it in writing via text, I said do not enter my residence without me being present. Now I have a valuable coin collection missing along with several hundred dollars
Pro Se, 2 court dates already, did not plead, no contract signed, talk to DA, told me if I wanted to transfer to "Civil Court" (Jurisdiction..??).. Is discovery motion not allowed on a speeding ticket (radar) in TN...??
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answered on Jul 16, 2021
Not sure of your question, but it appears you do not know what you are doing. If a speeding ticket, then it is a criminal case.... Appeal De Novo is to Circuit Criminal Court, but a jury is not an option. Discovery is possible but the Court will not actively force the State to comply. A Bond... View More 
I was arrested but interview by a detective. Without a third party witness or lawyer i also have a mental disability. Plus im the victim of the crime. How is that possible
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answered on Apr 20, 2021
It is not an illegal interview and happens alot. You were not required to say anything. Sometimes the absence of, or waiver of, Miranda Warnings will suppress any testimonial evidence acquired by the LEO's.
I work in a gun store and carry on private land separate from where I reside. I am wanting to know if I can keep a handgun in my vehicle for protection at work and at any time I must go to our farm on the private land during these times under the Castle Law or any other law.
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answered on Dec 31, 2020
As a general rule no. If you are military, you might get a HCP. Or you might carry it in the locked trunk unloaded to a firearm instruction class (but I do not advise this). Unfortunately you are two years too young to carry a handgun, so do not do it. A criminal charge will mess you up so... View More
I'm? In Tn.
answered on Dec 16, 2020
I am unaware of which specific Constitutional right you are referring to. Assuming you mean to invoke the 4th Amendment right against unreasonable searches and seizures. I am unaware of any precedent that states citizens are not required to produce identification when requested to do so. 4th... View More
What about the 2005 display act .
answered on Nov 16, 2020
If you are renting, the the terms of your lease would determine what you can and can't put in a window. The Display Act of which you cite is applicable to homeowners - not renters.
answered on Nov 12, 2020
One place to start your research is 42 USC 1983 and Bivens v. Six Unknown Agents
They want to verify that my misdemeanor charge isn't domestic assault or battery but it clearly States on the disposition that it isn't are they allowed because I feel like my rights for fire arms are being suppressed or neglected It's been more than the 60 days they say it takes I... View More
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answered on Sep 22, 2020
If necessary you will need to file an Action in General Sessions against the State. It is basically a Declaratory Judgment Action pursuant to Statute, and I believe you will need a competent attorney. This will need to be filed very soon.
There was a police call made by someone where we were and It was a false report because of underlying family issues so when the police came they grabbed my boy friend and beat on him they also took my weapon because I say it on the ground just for my safety when they arrived my weapon is in my name... View More
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answered on Sep 9, 2020
First make a written demand to the Chief of Police or the Sheriff to return your weapon. Then you need to file suit for Conversion against the City/County and the Officer that took the firearm with a SOL of 3 years. All this costs money and time, and many firearms are not worth the trouble. There... View More
Who would I contact near Crossville, Tennessee?
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answered on Aug 24, 2020
You did not say what Charge. But alleged victims are often charged with filing a false police report or 911 call. With no subpoena, I doubt that it was contempt of Court.
Who does the possessions go to. He had no will. He had a daughter and my mother gave her his vehicles . what else is his daughter entitled to.
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answered on Aug 4, 2020
If no surviving spouse, then the daughter issue takes everything that was your brother's. The real property may descend one -half to her if the mother and brother were tenants in common. But it would be very different if it was a LE/REM deed or to the survivor. You will need a lawyer to... View More
I have tried to rent a home from 3 different rental MGMT companies and was refused because I draw unemployment right now. All of them said I had to have a job or be employeed and could be verified. Why will they rent to someone that draws disability that is verifiable, and they do not have a job,... View More
answered on Jun 21, 2020
I'm sorry for your frustrating ordeal. Your post remains open for three weeks, and at this point, you could try reaching out to Tennessee landlord-tenant attorneys. From a practical standpoint, L-T attorneys would probably have the best insight into your situation among all the practice areas... View More
The police took my cell phone without my or my fiances consent. Were my rights violated and how do i get my property back?
Edit: no charges have not been filed.
answered on May 26, 2020
It does sound like the police should not have taken your phone. Were charges filed? If so, that phone may be in evidence. If not, I would contact the police department and ask to get it back.
Yes Walmart tried 2say my hubs stole a tote from there store yes a plastic tote which he didnt nd have receipt 2 prove it. Wasnt arrested the day we purchased it. We went back to get computer software which we bought nd as my husband was leaving was stopped by loss prevention nd cops I was in car... View More
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answered on May 25, 2020
Both of you need competent attorneys now. You need to put on a good Preliminary Hearing, possibly with your Sister as a Witness. Remember the Victim will have Video Tapes.
Especially if the violation results in extended social isolation. This would discriminate against a person with a disability (in this case mental illness), provoking to harm by suicide, self-mutilation, drug overdose, or violence. What is the law here?
answered on Apr 24, 2020
The law regarding citizens' arrest is located in Tenn. Code Ann. 40-7-109. Arrest by private person Grounds.
(a) A private person may arrest another:
(1) For a public offense committed in the arresting person's presence;
(2) When the person arrested has... View More
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answered on Apr 20, 2020
Firearm Confiscation by who? When Firearms are seized for whatever reason (if any), then you usually have to go to Court to either sue or move for the return of your property. This happens frequently, and you take a copy of the Order to the Evidence Room to obtain your weapons. On occasion one... View More
answered on Apr 8, 2020
It is like Violation of Probation. It means that you have violated the terms of your agreement. Depending on your agreement, the jurisdiction, the DA and the Judge, many things could happen. If it is your first time, nothing may happen. You could get a fine. You could be in a situation where... View More
They say 3 witnesses say I did it but I have 5 witnesses that can say I didn't and the video footage they have from my neighbor showing a vehicle leaving my driveway not being drove by me can show that I left 30 mins to an hour before it did what can I do when they seem determined to arrest me... View More
Is it legal for him to do that if he didn't actually see who did the crime but he told police I did it an showed them pics of someone driving a vehicle and said it was me they have a warrant for me now an I'm innocent if they watch his cameras they would see me leaving before these other... View More
answered on Mar 29, 2020
It is not illegal if your neighbor thought you committed a crime involving his property. If there is a warrant then you are going to need to call the Sheriff's department and see if they want you to turn yourself in. Because of COVID-19 , people with warrants are being booked then released... View More
I filled for a concealed carry permit through the state of TN. After my background check was conducted they found that I was convicted of criminal damages to property- misdemeanor when I was 17, this was 14 years ago. The state has now asked for certified court documents on the case. However the... View More
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answered on Mar 17, 2020
You will have to provide the State the requested documents. The Department of Safety issues the HCP, and if they do not want to, they don't. If denied, you can file a declaratory action in General Sessions Court very soon after the denial. Denial of a HCP does not mean you necessarily... View More
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