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Tennessee Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Tennessee on
Q: Is it a felony to sleep in your car in a city or state park?

A police officer recently threatened to take me to jail if he found my car parked overnight at a small municipal park in Selmer, TN. I currently have business out there and live about 3 hours away, so I like to charge my electric car at the 240V outlet there overnight and sometimes sleep in my car... View More

0 Answers | Asked in Criminal Law for Tennessee on
Q: Can an officer from a neighboring county pull me over and make an arrest if I never entered into their jurisdiction?

I never entered into this officers county of jurisdiction.

1 Answer | Asked in Criminal Law for Tennessee on
Q: My husband was picked up for FTA while on community corrections he has been in jail since may 8 th 2024 he has not seen

Judge or anyone within 72 hours shouldn't he be released

Anthony M. Avery
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answered on May 22, 2024

There is a good chance that there is a probation violation involved, and he will now have to serve most if not all of his Sentence. Hire a lawyer to look into it. A quick Hearing may not help him at all.

1 Answer | Asked in Criminal Law and Identity Theft for Tennessee on
Q: I need advice on a recent charge , I am 100% innocent.
Anthony M. Avery
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answered on May 21, 2024

What is your question? Hire a competent attorney; do not talk to anyone about the incident; might be time for a new phone and number; work and stay out of trouble; and prepare for a rigorous Preliminary Hearing.

1 Answer | Asked in Criminal Law for Tennessee on
Q: In the state of TN after granting someone parole how long do they have to release them?

If someone is serving TDOC time in the county jail and they get a parole hearing which later comes back as approved how long does it take for the inmate to be released?

Anthony M. Avery
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answered on May 21, 2024

There is no certain time period. If it takes too long, defendant's lawyer can move the Court that gave the conviction for the Sentence to be enforced or modified with notice to TDOC.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I got a criminal summons served on me for theft over 1000 TCA#39-14-103, didn't have to go to jail.will this violate me

I'm on parole will this violate me

Anthony M. Avery
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answered on May 20, 2024

Not getting arrested but only a Citation has nothing to do with it. Yes, that is a violation of Parole. Hire an attorney to get it Dismissed with or without Restitution, fast...

1 Answer | Asked in Criminal Law, Employment Law and Gov & Administrative Law for Tennessee on
Q: Can I obtain an insurance producer license in TN with a drug felony conviction in 2009?

I have a felony criminal record in Florida from 2002-2009. There are drug related felonies. I satisfied all terms of sentences in Oct. 2010. I've not been convicted of a crime since May of 2009. Is there a path in which I am able to acquire an insurance producer license in the state of... View More

Anthony M. Avery
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answered on May 20, 2024

Contact a FL attorney about what might be done with the conviction. Then contact the appropriate Commerce & Insurance Department in Nashville for eligibility.

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0 Answers | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: Can Federal Probation require a probationer to answer questions on a polygraph outside his conviction?

I am required by my federal supervised release conditions to submit to a polygraph as directed by the Probation Officer for treatment. They are requiring me to fill out a questionnaire about my sexual history prior to my conviction. It is my understanding that the US Courts have ruled that... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: Does a passenger admitting to having drugs on their person give probable cause to search the vehicle after no consent
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answered on May 16, 2024

I am not familiar with a similar appellate opinion. However admitting that illegal drugs are present is certainly reasonable suspicion and probable cause that drugs are in the vehicle and a warrantless search can be executed. I doubt that a Motion To Suppress Evidence would be successful, but... View More

0 Answers | Asked in Criminal Law, Personal Injury, Landlord - Tenant and Libel & Slander for Tennessee on
Q: My Landlord/ roommate has tried to make me her caretaker, my kindness has been high jacked and she slanders and threaten

When we moved in she was independent and her own POA. She had to go to hospital and returned in a wheelchair. She had refused to go to a facility. I helped her get home care because I felt for her but suddenly she began demanding more and if I refused she slander me, adult services came out and... View More

0 Answers | Asked in Criminal Law for Tennessee on
Q: Can you have two indictments on the same offense and the prosecutor makes you a plea deal on one indictment and then

forces and threatened if I don't take that deal or offer you'll be tried on the second degree murder indictment. This is too in violation of my fifth amendment but I want to ask justia before consulting with an attorney. I'm innocent of the charges it was an accident. But since there... View More

0 Answers | Asked in Criminal Law for Tennessee on
Q: Can I have two indictments for the same offense,how do I get tried on the lesser offense? How to reverse a forced plea?

I was involved in fatal crash with a drunk and drug driver on suspended license

There are two witnesses that came from nowhere and said I road the rage. I'm a credentialed caregiver / nurse essential worker and I'm a trained on incidents of road races through domestic violence... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: My background check came back with a charge I was unaware of: “FY continuing criminal enterprises”. What does that mean?

I have googled it pretty extensively and everything I find comes back to drug related items. I have no drug or trafficking type charges on my record.

Anthony M. Avery
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answered on May 10, 2024

Hire an attorney to search out the initiating Court that put that pending charge or conviction on your record. If you applied for a handgun permit, there is a statutory process in Sessions. Otherwise it is either an expungement or declaratory judgment action.

1 Answer | Asked in Criminal Law and White Collar Crime for Tennessee on
Q: What's the typical bail for embezzlement/fraud?

I spent $22,107 off of my company issued credit card. The company demanded that I pay the money back but I do no have it. Will I be arrested? And how much would bail be for a situation like this? I don't have a criminal history, not so much as a traffic ticket.

Cayley Turrin
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Cayley Turrin
answered on May 10, 2024

There are a variety of factors that a Judge needs to consider. I would be prepared to be arrested.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What's the sentence for conspiracy ×3 in Tennessee?
Anthony M. Avery
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answered on May 9, 2024

Conspiracy to commit what crime? The actual or attempted crime is what the crime class and sentencing is derived from.

1 Answer | Asked in Criminal Law for Tennessee on
Q: what are the laws for a defendant after having an attorney dismissed from a case

I requested the dismissal of council in writing to the judge I gave legitimate reasons why I wanted the dismissal I also asked for a continuance and a different council judge granted dismissal,and continuance but refused new council and I had to represent myself at a prelim also I told him... View More

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answered on May 8, 2024

Apparently your case was bound over. When you get indicted by the Grand Jury, Court may arrest you or might allow you to show up at the Arraignment still on Bond. You might ask for a court appointed lawyer then. But that would be a mistake, so hire a real attorney now awaiting Indictment.

1 Answer | Asked in Criminal Law for Tennessee on
Q: what are the laws for a defendant after having an attorney dismissed from a case

I requested the dismissal of council in writing to the judge I gave legitimate reasons why I wanted the dismissal I also asked for a continuance and a different council judge granted dismissal,and continuance but refused new council and I had to represent myself at a prelim also I told him... View More

Cayley Turrin
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Cayley Turrin
answered on May 10, 2024

I would honestly hire your own attorney that you are comfortable with.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Tennessee on
Q: In TN can you withdraw guilty plea and or appeal conviction. Based on inadequate counseling and threaten by said counsil
Anthony M. Avery
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answered on May 6, 2024

You can file a Post Conviction Petition for ineffective assistance of counsel. SOL is a year.

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