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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Tennessee on
Q: If you did not assault anyone how can they charge you with aggravated assault. The person was never touched or harmed.

A toy gun was pointed at the victim but he was not touched or harmed. Also the victim ran us off the road and a toy gun was pointed out the window

Anthony M. Avery
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answered on Jul 26, 2024

That is an aggravated assault. Display of a deadly weapon is all that is needed. You definitely need an attorney to represent you on that class C Felony.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a default judgement be issued against a defendant in a felony case if plaintiff knew they were deceased at the time?
Anthony M. Avery
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answered on Jul 26, 2024

There are no default judgments in criminal prosecutions. Default Judgments in civil matters against a deceased party happen alot. The heirs and next of kin might want to contest the default. If so, hire a competent TN attorney.

0 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Tennessee on
Q: I was sentenced to one year tdoc website states that my sentence end date was 5/24/2023, but I was released on 9/6/2023

So they kept me for an extra 5 months which caused me to lose a bed at an inpatient rehab facility that I had gotten myself into, also losing the job I had lined up, and my living arrangements due to the fact I was anticipating being released on 5-24-2023 but I wasn't released until September... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: Have two class c felony charges and 2 class a misdemeanor can I stay out of jail
Anthony M. Avery
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answered on Jul 22, 2024

Maybe... Hire a competent attorney, then prepare for a Preliminary Hearing. Work at least one job. Stay away from other criminals. And it might be time for a new phone.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can I avoid jail been charged with burglary intro of contoban in a penal facility theft under 1000 and poss of meth
Anthony M. Avery
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answered on Jul 22, 2024

Probably not if you are convicted. Meth alone has a mandatory minimum Sentence.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: When I was released from jail on probation the terms I was given stated that I was to be on probation until 08/20/2024

And that I was complete an IOP program. The IOP had no set date nor did the judge state that I had to have it completed bye a set date but he violated my probation even tho I had passed all drug screenings wasnt supposed to get off probation until 08/20/24. Documents simply said to complete IOP so... View More

James L. Arrasmith
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answered on Jul 21, 2024

It sounds like you were under the impression that as long as you completed the IOP program before your probation ended on 08/20/2024, you would be in compliance with the court's order. If the judge did not specify a completion date for the IOP program, your understanding seems reasonable.... View More

0 Answers | Asked in Criminal Law for Tennessee on
Q: TN-TIS LAW(Senate Bill 2248) effective 07/01/22. sentence BEGIN date: 2/22 sentence EFFECTIVE date: 11/23

Vehicular Homicide by Intoxication (plea deal). Sentenced to 10 years, to serve 30%, with credit for time served. (should be 3 years). Will this new law prevent the release eligibility date from occurring sooner than 02/2025?

0 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Tennessee on
Q: I subpoena to court which took off from work. The victim that cause this against my son was also subpoena and did not.

The judge dismissed it but she did not get fined nor held in contemp. He is still in jail. I want to know what should be done about this. She also violate his protection order against her. The case was dismissed without any action done to her.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Iwas called for jury duty in a county in a state I no longer live in. I give them an address for an apartment I'm leavin

I live in an apartment in TN but I'm a GA resident. Got called to GA jury duty and told them I no longer live in GA. I am trying to build a house in TN so I will no longer be in the apartment I live in now. I am changing my residence to TN today with a different address than what I gave the... View More

Anthony M. Avery
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answered on Jul 15, 2024

Call the Clerk of the Court that summoned you. Explain that you are no longer a GA citizen.

1 Answer | Asked in Criminal Law for Tennessee on
Q: My daughter stole 9 checks from my dad who had cancer. She forged his signature on all 9 checks with his signature.

My daughter forged my dad’s name on 9 checks starting on 7-2020 through 9-2020. The total sum was $ 4,870.00. I am no lawyer but, the way I have read the statutes, this would be a class D felony. A class D felony has a 4 year statute of limitations. I would like to seek counsel on this matter.... View More

Anthony M. Avery
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answered on Jul 15, 2024

Call KCSO today and talk to a Detective. Civil SOL for conversion is 3 years, so no cause of action by Father. Your Father is the victim, but there might be an Elderly Abuse crime also. Daughter will need to make restitution also as part of Probation.

1 Answer | Asked in Criminal Law and Collections for Tennessee on
Q: If your sentence expires can tN hold you to a fine

Does fine collection expire

Anthony M. Avery
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answered on Jul 12, 2024

Yes, Court can maintain jurisdiction and incarcerate you. DOS can suspend TNDL.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is it mandatory for a parole officer to violate because I had been violated and made to serve 10 days in jail for violat

Of probation

Anthony M. Avery
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answered on Jul 12, 2024

That is the Officer's job. Your lawyer can defend you on the VOP.

1 Answer | Asked in Criminal Law for Tennessee on
Q: By law how many days they have to file a petition to see the vehicle for illegal drugs that's a driver had knowledge but
Anthony M. Avery
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answered on Jul 12, 2024

I think you mean seize. Forfeiture Warrant should be issued quickly. But if vehicle is considered evidence, then FW is not necessary. FW will require a Bond and DOS Hearing to recover. It is a civil administrative proceeding and you will need an attorney and money. It has nothing to do... View More

2 Answers | Asked in Criminal Law for Tennessee on
Q: If I go to jail for a crime I did not commit, bond out, and proven to be Innocent. Can I get my bond money back?

I used a bondsman

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

No. Since you did not post your own money as your bond and instead paid a fee to a bondsman to post his money as a bond, your bondsman will get his money back.

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2 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Was this a violation of my 4th amendment right?

I recently was arrested in a hospital for simple possession. The security said they were acting on a tip but could not tell me where the tip came from or what the "tip" was. The did not have a warrant until after the arrest. I did not consent to a search.

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

There are a number of considerations to determine whether a warrantless search in a hospital violates the 4th Amendment. You can read the attached article:... View More

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1 Answer | Asked in Criminal Law and Traffic Tickets for Tennessee on
Q: What will happen when my daughter has to go to the county jail for "processing"?

She was stopped for speeding in Jackson TN two days ago. The officer told her that she was driving with a suspended AL license of which she was unaware. Investigating, she found that AL had suspended her license because while getting a speeding ticket last year she showed the officer a picture on... View More

Anthony M. Avery
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answered on Jul 11, 2024

She will probably be booked, involving search, fingerprints, and mug shot. This is more convenient and cheaper than being arrested. The important thing is to take care of that DL. She needs to get all the information she can out of the issuing authority so that she has a DL and possibly get... View More

2 Answers | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: Can a person receiving a new felony charge be careered out over charges that were 35 years older.

I received new charges that are felonies and the state is trying to bring up charges that I plead guilty to over 35 years ago in order to give me a 25-year sentence based on my new charges is that even applicable

Anthony M. Avery
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answered on Jul 11, 2024

Yes old felonies affect new felony sentences. Hire a competent attorney, as you may need to try the case if there is little to lose.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: In a criminal case,if a case has two files for the same charge,and one judge’s ruling disposes of the case,what happens?

In a criminal felony case, if a case has to two files for the same charges, and one judge’s ruling disposes of the case due to lack of prosecution, is the other file/case supposed to be thrown out? Just to say again, one case with two court dockets/files for the same charges. It may have been a... View More

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answered on Jul 11, 2024

No help here. DAs can dismiss charges and recharge the same crime all the time until the SOL runs out. You lawyer should be able to get a good plea with those procedural problems.

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Traffic Tickets for Tennessee on
Q: I was wondering if I should plead not guilty for having marijuana in my car when it was not real weed it was cBd
Anthony M. Avery
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answered on Jul 10, 2024

Do not plead straight up guilty! It will ruin your life. Hire an attorney to get it Diverted, Dismissed and Expunged.

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