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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Tennessee on
Q: Got pulled over and got caught with fentanyl and meth. Agreed to cooperate. Did I really get charged
Carla Grebert
Carla Grebert
answered on Apr 28, 2024

I generally see people getting charges in these situations, but I have no way of knowing what happened in yours based on your question.

Were you arrested and booked? If so, you were charged. Were you not arrested, but you have a booking date to report? If so, you were charged. Do you...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: Judge adjourned trial and announced defense atty mother died. I feel the jurors were sympathetic to defense
Anthony M. Avery
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answered on Apr 24, 2024

Your lawyer can move more a mistrial. And now is an excellent time to file for it. However it is doubtful it will be granted. Hopefully there are other grounds to either win case without a jury verdict. Talk to your lawyer now.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Judge adjourned trial and announced defense atty mother died. I feel the jurors were sympathetic to defense.
Carla Grebert
Carla Grebert
answered on Apr 24, 2024

You haven't asked a question or given much information, so I have to assume some things to respond to you.

You have posted this question in "criminal law," so I am assuming that you are the victim of a crime and that you feel that the defendant has some unfair advantage...
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1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: If I drank a miller lite beer 15 min before a blood alcohol test, what would my level on the test show

And if a wreck occured would I be charged with a dui for that amount of Alcohol in my system

Anthony M. Avery
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answered on Apr 24, 2024

Any amount of alcohol or other drugs in your system can be used as evidence for DUI. .08 is only an evidentiary presumption. So never take an implied consent test.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If I gave permission for cop to search car does he have to have probable cause to even ask me

My license was suspended so I figured he had right to search it but he didn't even charge me for that he was with a cop who pulled me over a week before is why they really stopped me. Also if I had a locked combination box does he have right to open it in Tennessee

Anthony M. Avery
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answered on Apr 23, 2024

If you give permission for a search, no warrant, much less probable cause to believe a crime has been committed, is needed. LEO might claim he had permission to search everything, including the lock box. Here a Motion To Suppress is not going to work.

2 Answers | Asked in Criminal Law and Securities Law for Tennessee on
Q: My son borrowed my truck got pulled over and they seized my truck .haven't got any paper work hoe do I get my truck bac

He was takin a guy home that jyst showed up at his house . The guy had parole violation on him and tried yo take control of the truck .when my son got it stopped and tried to tell police what happened they didn't care the guy threw all his drugs in the floor. They took my son to jail and let... View More

Anthony M. Avery
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answered on Apr 18, 2024

Son needs an attorney now. There may be a Forfeiture Warrant on the truck, so then DOS is involved requiring a bond and a hearing. Son needs to prepare for a Preliminary Hearing. The truck is probably the least of your worries.

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0 Answers | Asked in Criminal Law, Products Liability, Civil Litigation and Civil Rights for Tennessee on
Q: I got a driving on revoked in 2013. When I was 22 the dui came back negative , so I never paid it nor signed to plea. I

I got pulled over. When I went to court I got 6 month probation or until fines and fees were paid in full. Heather Bogess had my brother and upon metting her she told me she didn't think she would like me and would give me a hard time . She made the comment my brother would die and I... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: Can i carry a gun at 18-21 in TN considering the permitless carry laws, private sale, and the court cases about the age?

I know there’s been cases from gun groups during the state to where the agreement made at the conclusion seems to allow 18-21 to carry without prosecution because of age. I also know at 18 you can legally buy a handgun from private sale. I’d rather be judged by a jury then dead, but would i win... View More

James L. Arrasmith
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answered on Apr 16, 2024

The current gun laws in Tennessee regarding permitless carry and the legal age to possess a handgun are somewhat complex due to recent court cases and legislative changes. Here is an objective overview of the situation as of August 2023:

In 2021, Tennessee passed a law allowing most adults...
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1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: How many times can your name go up against the grand jury before a no bill is issued
Anthony M. Avery
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answered on Apr 15, 2024

Many times until the SOL has run.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How do I file for the return od confiscated property

An order has been given to return confiscated property within 30 days. The 30 days has been completed and I've not received the property.

Anthony M. Avery
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answered on Apr 12, 2024

Order from who? Usually you take a copy of the Order to whoever has the property and present it before leaving with the item. If refused, hire an attorney to sue.

2 Answers | Asked in Criminal Law and Municipal Law for Tennessee on
Q: What are the penalties / punishments / consequences for failure to report a dead body?

I understand that it is called a Class A Misdemeanor. What does that mean?

James L. Arrasmith
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answered on Apr 13, 2024

The specific penalties for failing to report a dead body vary by jurisdiction, but in general, a Class A misdemeanor is one of the more serious types of misdemeanors. Here is some general information about Class A misdemeanors and the typical consequences:

- Class A misdemeanors are...
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2 Answers | Asked in Civil Rights and Criminal Law for Tennessee on
Q: Is it lawful for police to seize a car in which the driver was not in possession of drugs but the passenger was and the

Car did not belong to driver either

James L. Arrasmith
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answered on Apr 5, 2024

The lawfulness of a police seizure of a vehicle in this scenario would depend on the specific circumstances and the applicable laws in the jurisdiction where the incident occurred. In general, under the legal doctrine known as "civil asset forfeiture," law enforcement can seize property,... View More

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0 Answers | Asked in Criminal Law for Tennessee on
Q: If u charged with a changing a Vin but u did not n only covered it with a piece of paper and another tag can u b convict

The car is our car and was up for repo they're trying to say my husband is a range 3 offender because he stole a car 20 years ago. The car was not took apart the Vin is still intact and never Removed. How can this da say he is career criminal? Please help

1 Answer | Asked in Criminal Law for Tennessee on
Q: How do I get a judge to issue an order to let an investigator look at a car in impound?

The investigator has been denied access to the car multiple times by the local sheriff's department.

Anthony M. Avery
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answered on Apr 2, 2024

If there is a criminal charge then you get an order from the Judge to allow inspection, compelling discovery. If still at Sessions Court, it could be a problem as Discovery is not a procedural right. Usually this would occur at Criminal Court after the Indictment is returned. Is there a... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: I was arrested for a first time public intoxication I spent 4 hrs in jail and was a $100 fine can I have it expunged?

I have had no previous record before

Carla Grebert
Carla Grebert
answered on Apr 1, 2024

The short answer is "not yet." Any offense that was dismissed is immediately expungable. However, convictions are different.

This conviction will be expungable five years after you complete the sentence for it, provided you meet certain requirements. You must have no...
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1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If I have missed court due to not being provided summons or any notice of court dates how can I resolve w/o jail time?

Protection order violation. Arrested, was homeless due to this false allegation. When out of jail I was not provided a court date and never was sent a summons or information on my next court date. The protection order was dropped due no one showing in court. However the violation was picked up by... View More

Anthony M. Avery
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answered on Mar 27, 2024

Hire a TN attorney to take you to Court, probably off the Docket. If possible, get it dismissed.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is it legal for my hearing to be held 2 days after I am indicted on criminal charges
Anthony M. Avery
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answered on Mar 20, 2024

Yes.. You are probably getting Arraigned.

1 Answer | Asked in Criminal Law, Employment Law and Business Law for Tennessee on
Q: Can you be prosecuted for something you did not know was wrong?

Can you be prosecuted for something you did not know was wrong?

I work at A rent to own place and I put items on rent for a coworker in my deceased grandmother’s name. The coworker makes on time payments never missed one. It’s not for a ridiculous cheaper price they still pay more than... View More

Anthony M. Avery
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answered on Mar 20, 2024

Yes... If charged with theft, etc., hire an attorney to represent you. Also be prepared to make bond. Do not talk about it, but you have already admitted it.

2 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: I am convicted of 2 felony is it possible for me to get the right to use a gun to hunt?

One felony aid assault 6 years ago and the circumstance was I was in an argument with my girlfriend she asked me to leave and I tried to get in the car and go she kept yelling and after I backed up she jumped on the hood , I drove off she fell off and was injured. I was not the aggressor, the... View More

James L. Arrasmith
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answered on Mar 19, 2024

In the United States, particularly in Tennessee, felony convictions generally restrict an individual's right to possess firearms. However, there are paths to potentially restoring these rights, though they can be complex and vary by state. In your case, specific factors of your past... View More

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