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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Tennessee on
Q: Can my boyfriend drop charges for aggravated assault against me, if he did not actually press charges only made a statem

My boyfriend and I had a fight, he tried to grab me and I threw my coffee mug at him but missed and it shattered on the floor; he tried pulling me down and cut himself on the broken mug. I called police to him but let the house before police arrived. The next day I went back home to my boyfriends... View More

Anthony M. Avery
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answered on Oct 4, 2024

Those are State charges, not BF's. Hire a competent attorney as those are serious charges which will destroy your life. Prepare for a rigorous preliminary hearing, and possible trial. Do not plead guilty to DA except with diversion under any circumstances. BF and you need to keep quiet.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How can I request video and court exhibits from a trial in Shelby County Tennessee
Anthony M. Avery
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answered on Oct 3, 2024

It will be expensive and difficult. Start with contacting the Clerk of the Court where the Case was.

2 Answers | Asked in Criminal Law, Traffic Tickets, Civil Litigation and Civil Rights for Tennessee on
Q: A cop has my phone from a stop when he search me and took it, it's been two days and is till can not get it back.

I had been stopped about a prior warrant I already served time over, while being stopped and searched the officer took my phone and personal belongings and sat them in his car while waiting on NCIC to come back clean and when it did he left and never returned my property. It's been two days... View More

Anthony M. Avery
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answered on Oct 2, 2024

You can call the LEO and ask for your property back. Or call the chief or sheriff and complain. Ultimately you would have to sue the LEO and the County for conversion, which is not worth it. You might get a phone.

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2 Answers | Asked in Appeals / Appellate Law, Civil Rights and Criminal Law for Tennessee on
Q: Should I rescind my guilty plea or appeal or something else? Was my civil rights violated w immediate bond revocation?

I was pulled over in Overton and arrested for violating bond conditions. A bond of $5000 was set, and paid. I should have been released. But, immediately after making the bond, the judge revoked the bond and held me. At the time, I had a capias in Sevierville, TN (which was for the original charge... View More

Anthony M. Avery
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answered on Sep 29, 2024

It is almost impossible to set aside a guilty plea. There are both direct and collateral attacks. Both are time sensitive, expensive and doubtful. Both you and your attorney did not know what was going on, which are not good reasons. Post Conviction Ineffective Assistance of Counsel might... View More

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1 Answer | Asked in Criminal Law for Tennessee on
Q: In 1997 a life sentence was given. The order clearly states with parole under the 1989 Reform Act and Range 1

Standard 30%. The defendant also pled guilty to this understanding.

In response to a filed motion, in 2017 an order was issued stating life without parole.

In 2021 a corrected judgment was reissued showing life with parole under the 1989 Reform Act.

Currently, the TN Dept... View More

Cayley Turrin
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Cayley Turrin
answered on Oct 3, 2024

You need to contact an attorney to review this matter closely.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is it extortion if a construction residential framer, breached contract, quit and renegotiated money. Left, took lien

Hired house framer, he breached contract and quit, renegotiated for more money. He left without completing and needed repairs then obtained a lien on my property for final payment.

Cayley Turrin
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Cayley Turrin
answered on Oct 3, 2024

Depends on a variety of factors. I would first consult with a civil attorney.

2 Answers | Asked in Criminal Law for Tennessee on
Q: Why would an assault charge have a $70,000 bond
Anthony M. Avery
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answered on Sep 20, 2024

Any number of reasons. It is probably Aggravated Assault, and possibly several charges. Hire a competent attorney, keep quiet, and prepare for a rigorous Preliminary Hearing. Bond might get lowered with a Motion.

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1 Answer | Asked in Real Estate Law, Criminal Law, Estate Planning and Elder Law for Tennessee on
Q: Can a power of attorney block and or control visitation on his property from the principals children against his wishes?

The power of attorney built a home on the principals property the principals had no conflict with his children and planned for his daughter to spend the week for his birthday the power of attorney has blocked all communication from the principals other children against his wishes and told them to... View More

Cayley Turrin
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Cayley Turrin
answered on Oct 3, 2024

Depends on the specific power of attorney. I would consult with the attorney that drafted it.

1 Answer | Asked in Criminal Law, Admiralty / Maritime, Child Support and Civil Litigation for Tennessee on
Q: Is unlawful possession of firearm the correct charge for a felon in possession and firearm and if not. Whats the Correct

A felon in possession was officially charged and is being tried on Unlawful possession of handgun. I thought one was a misdemeanor and the other was a felony charge.

Anthony M. Avery
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answered on Sep 18, 2024

DA has discretion on the criminal charge. So if he chooses a misdemeanor, that is his prerogative.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was Cited for public indecency in a restroom for rubbing my private area , can I get this case dismissed ,
Cayley Turrin
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Cayley Turrin
answered on Oct 3, 2024

Depends on a variety of factors. I would consult with a criminal attorney immediately.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Are there any attorneys that take pro Bono cases
Cayley Turrin
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Cayley Turrin
answered on Oct 3, 2024

The Public Defenders but you have to qualify under the financial poverty guidelines. A Judge will determine if you qualify.

2 Answers | Asked in Contracts, Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: If an order or judgment doesn’t comply with TN civil procedures rule 58, can it be enforced? Is it final?Is it effective
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answered on Sep 16, 2024

It will be enforced unless a timely motion is made to that Court.

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2 Answers | Asked in Bankruptcy, Contracts and Criminal Law for Tennessee on
Q: Since an attorneys first duty is to the court and the public, not his client whenever duty conflict he must yield to

The latter. Is that not a conflict of interest in the courts? Your paid attorney obligated to the courts? How can the client get a fair chance?

7 Corpus Juris Secundum 4

Presentments according to the U.C.C. are negotiable instruments. Since the presentment is issued for value, can... View More

Anthony M. Avery
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answered on Sep 16, 2024

Presentment is presenting a negotiable instrument for payment, not an instrument itself. Like taking a check to a bank for payment: it is either honored or not.

This is not a forum for general treatises on law. If you have a specific question, post it.

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1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I lied about my fiancé choking me until I passed out. Now he’s in jail. Can I go to jail now for lying on him?
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answered on Sep 13, 2024

Yes ... Hire a lawyer to represent you on how to stay out of Court and trouble. It is delicate.

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: traffic stop. driver passenger comply w officer request exit car. Officer seizes cig pack from pass' hand. Finds contra.

Is this a legal search and seizure? Affadavit of complaint: "Passenger had two packs of cigarettes in her hand gripping them tightly. I asked passenger if they were just cigarettes to which she stated they were. Inside....."

thank you for your attention in this matter of grave... View More

James L. Arrasmith
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answered on Sep 13, 2024

In a situation like this, whether the search and seizure are legal depends on the specific circumstances and the officer's justification for the search. Generally, officers need probable cause or reasonable suspicion to search a person or their belongings. If the officer believed the cigarette... View More

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1 Answer | Asked in Criminal Law for Tennessee on
Q: If I was arrested before I went to court for speeding and now I have a warrant out for my arrest

Do I have to turn my self in even if I was in jail on the court date?

Anthony M. Avery
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answered on Sep 11, 2024

Something is wrong or you do not know what is going on. Hire an attorney to go to Court and represent you. Another charge may have been made and/or there are two different Courts and charges involved. Your attorney should figure it out.

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