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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Domestic Violence for Tennessee on
Q: Please describe what happens when charges are bound over to the grand jury.

My husband has been convicted of domestic violence and is serving 11 months and 29 days after failing to comply with an agreement he made with the court. The charges had been set in abeyance awaiting completion of the agreement. He chose not to complete the agreement. The judge has now sentenced... Read more »

Anthony M. Avery
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answered on Jun 8, 2023

If the Judge ordered a Sentence then there was a Conviction, and it was a Misdemeanor at General Sessions Court which was not bound over. Apparently he has one or more charges that were initiated by an Arrest Warrant at Sessions which were not disposed of, that is no conviction nor dismissal. DA... Read more »

3 Answers | Asked in Civil Litigation, Criminal Law, Personal Injury and Traffic Tickets for Tennessee on
Q: In Sevier county Tennessee how do I get the 911 tapes and the officers video cameras from their uniforms?

If another driver has falsely accused us of being active shooters can we Sue that driver?

Anthony M. Avery
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answered on Jun 7, 2023

You have to file a lawsuit and demand Discovery.

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1 Answer | Asked in Criminal Law, Family Law, Federal Crimes and Juvenile Law for Tennessee on
Q: Four years ago, my mother made me have a bath naked with two 12-year-old girls when I was 14 years old, can I sue?

I'm 18 and male. Four years ago when I was 14, my mother was going to visit her friend who lived in the countryside for a few days and she took me with her. While we were walking over to her friend's house, I slipped and fell in the mud. When we arrived at her friend's house, my... Read more »

John Michael Frick
John Michael Frick
answered on Jun 5, 2023

Generally, you cannot successfully sue someone unless their actions or inactions caused you to suffer actual legally compensable injuries. Your question does not mention any such injuries, and it is difficult to imagine how the facts you describe would likely result in any such injury.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is it legal to be held without a bond and no set new court date?

My dad is being held in Claiborne County TN with no bond and also doesn’t have any court date set for anytime in the future according to jail records when called and asked about it. How is such a thing like this even legal, if it is?!?

Anthony M. Avery
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answered on Jun 5, 2023

Has his attorney looked into this? An inquiry could be made to the pertinent Court Clerk, Sessions or Criminal Circuit. But most importantly, his lawyer should be working on this.

1 Answer | Asked in Federal Crimes, Contracts and Criminal Law for Tennessee on
Q: What can you do if ups worker steals your package? A 42,000$ package!!!

I took it to ups access point last Thursday evening and yesterday tracking still hadn't updated so I sent my husband to the UPS store and she told him that the tracking number didn't look right it needed more numbers ok so I called them and they hung up on me and I called them back the... Read more »

Anthony M. Avery
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answered on Jun 1, 2023

That may be either a conversion, breach of contract or bailment action, possibly others. You will need a TN attorney if the delivery of the parcel was in a TN County. Probably a Circuit Court action. Be prepared to give alot more details than what you have posted, which is nowhere near... Read more »

2 Answers | Asked in DUI / DWI, Civil Rights and Criminal Law for Tennessee on
Q: If you are arrested for DUI doe you have to be read your rights? If you request your medical Power of attorney and they

Ignored my multiple requests, doesn’t that violate my rights?

Jay Moreland
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Jay Moreland
answered on Jun 3, 2023

Police only have to read you your rights (Miranda rights) if they intend on questioning you after your arrest. Once you are detained, the officers should mirandize you and only get a statement from you after you've waived your rights to an attorney and against self-incrimination. Anything you... Read more »

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Can u be charged a felony in TN if u don't return from a furlough while being incarcerated on misdemeanor charges
Anthony M. Avery
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answered on May 30, 2023

It will definitely be an Escape, and probably a Felony. A FTA Warrant might also be issued. The Judge that granted Furlough will handle the Case and will be very unhappy. The Defendant should immediately turn himself in at jail or at Court with his attorney if a charge has issued. Otherwise... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law, Divorce and Immigration Law for Tennessee on
Q: Hello, if the husband discovered after his marriage that his wife deceived him and the law to come to America under the

America under the pretext of marrying him and divorcing five months after her arrival, what is the difference in the law or legislation in this matter?

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on May 26, 2023

Please finish your question since it got cut off

1 Answer | Asked in Criminal Law for Tennessee on
Q: I need help with a criminal case in Grainger Co. I'm being followed around by the sheriff and detective and made to sit

With the inmates they have lost evidence and had the plaintiff bring copies that they submitted in place of the lost evidence I'm not going to get a fair trail because someone called anonymous and said I told them I was gonna shoot the judge and DA if my case didn't go right my court... Read more »

Anthony M. Avery
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answered on May 26, 2023

Apparently you have the LEOs, DAs and possibly the Judge, already against you. You need to hire an attorney to represent you. Most importantly, you need to keep quiet and do as your counsel advises.

This is a public forum and may hurt further. Motions To Suppress Evidence are serious...
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0 Answers | Asked in Legal Malpractice, Criminal Law, Employment Law and Gov & Administrative Law for Tennessee on
Q: A Tennessee Film Commissioner is appointed by a governor, what responsibilities do commissioners have to report crime?

With a Tennessee Film Commissioner being appointed by a governor and the entity of the commission being a government agency, what responsibilities and/or Abilities do film commissioners have to report illegal activities reported to them by local film crew to the appropriate regulatory agencies?

1 Answer | Asked in Criminal Law for Tennessee on
Q: What are the laws in Tennessee concerning pursuit of a motorcycle by law enforcement
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answered on May 24, 2023

LEOs stop all motor vehicles. There are no specific pursuit laws for pursuing bikes. What is your specific question?

1 Answer | Asked in Criminal Law for Tennessee on
Q: Ok I've been on bond since July 2022 during this time I have caught more charges that I'm not guilty of such as domestic

Assault aggravated assault and drug charges the victim in the assaults already dropped the domestic and told the judge she wanted the other charges dropped on the new drug charges for the first prelim hearing the officer did not show up the charges are made up against me but the district attorney... Read more »

Anthony M. Avery
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answered on May 25, 2023

You need a competent attorney to represent you in all of those Cases and Counties. It is the State's Case's, not the victims', and your lawyer must make Motions and Cross Examine witnesses. It appears that you are about to be incarcerated without a finding of guilt, so get an... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Ok I've been on bond since July 2022 during this time I have caught more charges that I'm not guilty of such as domestic

Assault aggravated assault and drug charges the victim in the assaults already dropped the domestic and told the judge she wanted the other charges dropped on the new drug charges for the first prelim hearing the officer did not show up the charges are made up against me but the district attorney... Read more »

Anthony M. Avery
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answered on May 25, 2023

Those are at least two Felonies, so the State is trying to put you in prison for years. Hire an attorney now, even if you have to make weekly payments. You will not be able to adequately represent yourself.

1 Answer | Asked in Criminal Law, Employment Law, Business Formation and White Collar Crime for Tennessee on
Q: I am founder of a new nonprofit in TN. I have felony from 2013 (UE).repaid all monies, no other criminal record.

Can I be an officer/manger on my board if I have felon from another state? I had an over payment for unemployment of 11,033.38 (including a $5,000 fine) ALL of which I REPAID in full. the nonprofit that I am starting is a community building project teaching beginning farmers from low income and... Read more »

Anthony M. Avery
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answered on May 23, 2023

I am not aware of any disability from running a TN non-profit entity. If you already formed it, then apparently the TN Secretary of State has no problem. Since it is from another State, noone here may know about it at this time, and who would want to remove you anyway? You might look into... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Say someone is accused and charged for a crime and the physical and biological evidence that was presented and used at

Trial all were gathered by the family members of the alleged victim and placed in family members vehicle in the trunk compartment and remained there for three days until it was a convienent time for the family members to deliver said evidence to law enforcement and evidence was presented and used... Read more »

Anthony M. Avery
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answered on May 18, 2023

On its face, nothing illegal there. An argument of tampering with evidence could be made on cross examination of whatever witness is putting it in. Evidence is evidence, and is gathered by the DA from various sources. If there was an illegal search then it might be excluded.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If my vehicle was seized for the sell of 3.5 grams of meth in TN. And the courts dismissed it can I get my vehicle back
Anthony M. Avery
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answered on May 17, 2023

Maybe...Was a Forfeiture Warrant issued? If so, you must go through DOS which does not need a conviction to forfeit property. If no FW, then your lawyer may want to move the Court to return former evidence to you. Ask your lawyer or hire a competent one.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How can i explain that what im charged w as brass knuckles was a novelty costume

I boughy them at a little thrift store that day and was pulled over on way home

Anthony M. Avery
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answered on May 12, 2023

Hire an attorney to get that illegal weapon charge Diverted, Dismissed and Expunged. Possession of the knucks is a crime in TN.

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