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Tennessee Juvenile Law Questions & Answers
1 Answer | Asked in Juvenile Law and Criminal Law for Tennessee on
Q: HiI’m asking this for a friend she’s 15 about to turn 16 she’s dating a guy who just turned 19 and she might be pregnant

What could happen to him or her if she is?

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 21, 2018

If there is not more than 4 years of age difference, he will not be charged with statutory rape. There could be other charges that could result from their relationship though.

1 Answer | Asked in Civil Rights, Education Law and Juvenile Law for Tennessee on
Q: Could a friend of mine legally leave her parents house @ 17 and go to college if her parents dont approve?

She wants to attend UCF in Florida. She is a senior in high school, and graduates this year in May. She turns 18 in Sept, but school starts before that time. Could she legally leave her house and go to school if her parents want to keep her at home? She really wants to further her education, but... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 20, 2018

She can't leave without her parents' permission unless she is emancipated. In order to be emancipated, she will need to petition the court and demonstrate that she is capable of supporting herself independently and making adult decisions. She should consult an attorney if that is... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Tennessee on
Q: I am 17 and have a newborn baby. Can my parents charge me as a runaway if I leave Home and stay somewhere els

There is not enough room for me at the house. I do not have my room. I want to put my daughter in a better situation. I want to raise her freely. I will also continue my education.

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 16, 2018

Yes, your parents can file a runaway petition against you if you leave without their permission. If you truly feel like your situation is not appropriate for your baby, then you can call DCS. Otherwise, you should make the best of the situation until you turn 18. A baby and you don't... View More

1 Answer | Asked in Juvenile Law for Tennessee on
Q: Can i still be in Law Enforcement with a Juvenile Pretrial Diversion? PLEASE HELP!!!

Im 20 years old now. I made a dumb mistake when i was 16, got arrested, saw the judge, and was released on OR. I was offered a pre trial diversion in lieu of conviction as long as the terms of the diversion were met satisfactorily. I met the requirements and got the diversion successfully. I... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 14, 2018

Any guilty plea as a juvenile doesn't count as a conviction. If you are asked on an employment application if you have ever been convicted of a crime, you can answer honestly no. If the application asks about juvenile offenses (which they usually don't), that is a different story. In... View More

1 Answer | Asked in Family Law and Juvenile Law for Tennessee on
Q: Is it illegal to live with my boyfriend and his mom if im only 16 and he's 16 too, and I have my parents permission?
Marjorie A Bristol
Marjorie A Bristol
answered on Jan 12, 2018

If you have your parents' permission, it is not illegal, but DCS may get involved if there is not appropriate supervision of you and your boyfriend.

1 Answer | Asked in Juvenile Law and Criminal Law for Tennessee on
Q: What are the charges for a 22 year old having sexual relations with a 16 year old?

Are there different charges for intercourse as opposed to other actions, and if so what are the differences?

What age (compared to 22) does the class of the felony increase?

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 11, 2018

I am not sure what other actions you mean. Mitigated statutory rape applies to an adult engaging in "sexual penetration" of a minor who is at least 4, but no more than 5 years younger than the adult and is at least 15. Aggravated statutory rape is sexual penetration by an adult who is... View More

1 Answer | Asked in Juvenile Law for Tennessee on
Q: 17 y/o ran away from a level 3 dcs facility and wants to resurface at 18

He wants to be free from running all the time and his birthday is nearing really fast. But he's afraid that in the state of Tennessee (Chattanooga) they won't leave him alone until he's 19. Can he come out of hiding at 18 or will they just keep trying to come after him. Ps he... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 11, 2018

The answer depends on how he was committed to DCS and specifically which facility he ran from. If he was committed to DCS because he committed a delinquent offense, then the juvenile court can exercise jurisdiction over him and keep him in DCS custody until he turns 19. If he ran from a YDC, he... View More

1 Answer | Asked in Civil Rights and Juvenile Law for Tennessee on
Q: Hey I’m almost 18 but I’m a junior in highschool I was wondering if I could legally move out of my parents house
Marjorie A Bristol
Marjorie A Bristol
answered on Jan 7, 2018

You can when you turn 18. Until then, you will need your parents permission or to ask a court to emancipate you. In order to be emancipated, you will have to be able to show that you are capable of supporting yourself financially, living independently, and making mature, adult decisions.

1 Answer | Asked in Juvenile Law for Tennessee on
Q: 17 searched at school, found roach, simple possession charge but officer still hasn't signed petition, if he doesn't?

The ofgicer called with the court date but never got served a summons, went to court & my name wasn't on the docket because the officer hasn't signed the petition, he only found a roach but it's still a simple possession charge. What happens if he never signs it? Will it stay an... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 6, 2018

Eventually, it would be dropped if the officer doesn't sign it. However, I wouldn't count on that happening. You need to have an attorney represent you on these charges. If you can't afford to hire one, ask the court to appoint you one.

1 Answer | Asked in Probate, Criminal Law and Juvenile Law for Tennessee on
Q: Can jouvinile charges be switched over to adult charges if the jouvinile is now 18 but still on jouvinile probation
Marjorie A Bristol
Marjorie A Bristol
answered on Jan 3, 2018

No, not the same charges. Once the child is adjudicated delinquent on those charges, only the juvenile court has jurisdiction over them. The juvenile court can exercise jurisdiction over the child until he or she is 19.

1 Answer | Asked in Juvenile Law and Criminal Law for Tennessee on
Q: Questions about Romeo and Juliet law in TN.

I’m 17 my girlfriend is 16. Birthdays are 11/14/01 and 01/07/00. I turn 28 in a week. Am I protected?

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 29, 2017

If you mean you turn 18 in a week, then you should not be charged with statutory rape. In TN, there must be a 4 year age difference to qualify. However, you could put yourself at risk for other charges, like contributing to the delinquency of a minor.

1 Answer | Asked in Juvenile Law for Tennessee on
Q: What could happen to a 14 year old if they get charged with curfew and unruly?
Marjorie A Bristol
Marjorie A Bristol
answered on Dec 27, 2017

They could face probation or even removal into DCS custody. Removal into DCS custody is usually only for situations where services have been provided and the youth is not improving his or her behaviors. However, once the juvenile court is involved, the entire family is under the microscope and... View More

2 Answers | Asked in Juvenile Law for Tennessee on
Q: is it legal in tennesse to handcuff a 14 year old who is not under arrest for anything

they also put a gun to his head

Bennett James Wills
Bennett James Wills
answered on Dec 21, 2017

Without knowing the facts and circumstances of the situation the answer is it depends. Can the police handcuff a 14 year old? Yes. They can detain a person for many reasons even if ultimately there is no arrest.

View More Answers

1 Answer | Asked in Juvenile Law and Education Law for Tennessee on
Q: Son admitted to principal using marijuana at school , he wasn't caught by any faculty or in possession of anything.

He is being sent to alternative school for a full calendar year. Is there anyway to get this reduced or have it removed from his record?

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

You should be able to challenge the school discipline. Does your son have an IEP? Other due process protections attach if he does. You should consult an education law attorney to discuss challenging the school discipline.

1 Answer | Asked in Juvenile Law for Tennessee on
Q: In TN can a minor refuse birth control?
Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

Yes. Tennessee follows the mature minor doctrine, meaning that children over the age of 14 are presumed to be capable of making decisions regarding their health. They have the right to consent or refuse medical treatment.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Tennessee on
Q: If I am 18 and still in high school am I still considered a minor?
Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

No. You are considered an adult.

1 Answer | Asked in Juvenile Law for Tennessee on
Q: Is it legal for a 17 year old to date someone who is 13 it’s a 4 year difference and I didn’t know how all that works
Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

Date, yes, with her parent's permission. Kiss, touch, or have sex with--no. The 4 year age difference is grounds for statutory rape and other sex offenses. I highly recommend that you not date someone when there is that amount of age difference.

1 Answer | Asked in Juvenile Law for Tennessee on
Q: Is it technically possible for an 8 year old to be charged as an adult for murder in TN.

I just read an article that TN is one of some 13 or 14 states where there is no minimum age for children to be charged as an adult. This means that children of any age could possibly be sentenced to hefty and extremely severe punishments in TN such as life imprisonment. Is this true?

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

An 8 year old could be transferred to be tried as an adult for murder. I am not aware of any case where that has occurred. I am not aware of any cases where an 8 year old has been charged with murder in the juvenile system either, but I do know of a couple of cases involving 10 year olds.

1 Answer | Asked in Car Accidents and Juvenile Law for Tennessee on
Q: Can a policeman question a 16 year old if a parent is not present at an accident?

Son had a wreck and there was damage to a house. The police put him in handcuffs and questioned him before a parent was contacted and present. Is this legal?

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

Tennessee law does not require parents be present during police questioning.

1 Answer | Asked in Juvenile Law and Criminal Law for Tennessee on
Q: Could a child that is 17 and a runaway, resurface from being one after he or she's 18th birthday

In the state of Chattanooga a friend of mine is a runaway, he thinks that once he turns 18 the state wont leave him alone, what should I tell him

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

Once he turns 18, the court loses jurisdiction to prosecute him for runaway which is a status offense (offenses that only apply to minors). However, if he commits any crimes or has any other charges against him (or was on probation), the juvenile court can exercise jurisdiction over him until he... View More

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