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Tennessee Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: What would be the charges on me if I am buying a car and I sell it for scrap before it's paid for

I sold a financed car to a junk yard what's my charges

Anthony M. Avery
Anthony M. Avery answered on Oct 26, 2021

Theft of Property or Hindering a Secured Creditor are definite possibilities. Do not publish criminal acts on public forums.

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Does accepting pretrial diversion preclude me from suing police in civil rights case

I was arrested for first time in my 61 yrs for assault of police, resisting arrest, and disorderly conduct. I had called 911 after being the victim of road rage and simply ask police to put on their masks due to COVID. I was injured in arrest and refused medical care. That evening after released... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2021

From your facts I do not see a §1983 cause of action. But Diversion is usually the best disposition. Prior to the plea you will want to talk to an experienced attorney who knows how to file a Government Tort Liability Action. Again I would not file the suit as it is not a perfect... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: TN Convicted of Domestic Assault years ago. My Fiance owns several firearms. Is it OK for her to keep them in our house?

I live in Tennessee and I pled guilty to a misdemeanor Domestic Assault about five years ago. I was forced to sign a piece of paper stating that I must surrender all of my firearms and that I would never be able to own a firearm again. My question is this: I am getting married soon and my fiance... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 3, 2021

Your future Wife does not lose her rights by marrying you. You should not touch the firearms nor ammunition, and it would be better for her to have a safe for most of it. I suspect she carries one or more firearms. I am sorry that you got talked into pleading to a crime worse than many... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Tennessee on
Q: What happens when the prosecutor doesn't turn over body cam footage as requested by the defendant's attorney?
Cayley Turrin
Cayley Turrin answered on Aug 16, 2021

Your attorney should file a motion to compel.

1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for Tennessee on
Q: I have a family member whom gave me property and has passed away. I have a notorized quit claim for it and never had it

recorded into the county. now im wanting to sell it. how do I go about doing this now they have passed. there are no other living relatives or family members either.

Anthony M. Avery
Anthony M. Avery answered on Aug 9, 2021

Recording the Deed and paying Taxes on the property would be required. Someone else may be claiming ownership, so your Deed may be Champertous. Hire a competent attorney to search the Title and cure yours if possible.

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: I lost my right to own a firearm in 1998 what do I have to do to get it back

I was convicted of a drug felony in 1998. My right to vote back and I would like my rights to own a firearm I have never been in any more trouble

Anthony M. Avery
Anthony M. Avery answered on Aug 2, 2021

Generally that kind of Conviction is permanent. There are a very few, obscure exceptions. Have your Judgment of Conviction checked by a competent attorney. But usually you need to consult with an experienced firearms attorney to see what are your legal weapon choices.

1 Answer | Asked in Personal Injury, Immigration Law and Civil Rights for Tennessee on
Q: How long would it take to settlement a lawsuit how long it take to win a case if they go to trial on a Risperdal case.

The doctor have paperwork on my case

Tim Akpinar
Tim Akpinar answered on Aug 1, 2021

A Tennessee attorney could advise best, but your question remains open for a week. These product-based actions are sometimes mutli-district cases with heavy dockets. If you have an attorney on the case already, they would know best, based on how far along the case has already progressed. But if the... Read more »

1 Answer | Asked in Civil Rights, Federal Crimes and Gov & Administrative Law for Tennessee on
Q: Can I carry a concealed weapon in the state of Alabama if I have a lifetime carry permit issued in Tennessee?

I am a Tennessee resident.

Anthony M. Avery
Anthony M. Avery answered on Jul 22, 2021

You should be able to as reciprocity should apply. Go to the AL forum and ask as laws do change. Remember there may be different restrictions than TN.

1 Answer | Asked in Civil Rights for Tennessee on
Q: I was charged with a class a felony on a child custody case in which I'm not the parent or do I have any legal rights

I was charged with a class a felony on a child custody case in which I'm not the parent or do I have any legal rights to. I was arrested for a vouluntary drug test in which I was never given any results to or was I ever shown. I was mentioned in a child custody case in which I was never... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 20, 2021

If there is still time, hire an attorney to file a Government Tort Liability Act suit. It is a one year SOL, with no extensions.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Transfer to Civil court..??

Pro Se, 2 court dates already, did not plead, no contract signed, talk to DA, told me if I wanted to transfer to "Civil Court" (Jurisdiction..??).. Is discovery motion not allowed on a speeding ticket (radar) in TN...??

Anthony M. Avery
Anthony M. Avery answered on Jul 16, 2021

Not sure of your question, but it appears you do not know what you are doing. If a speeding ticket, then it is a criminal case.... Appeal De Novo is to Circuit Criminal Court, but a jury is not an option. Discovery is possible but the Court will not actively force the State to comply. A Bond... Read more »

1 Answer | Asked in Civil Rights for Tennessee on
Q: Can the police take my gun for a domestic if it’s in my name and was not used to harm or scare alleged victim

My fiancé got physical with me and threatened to kill me so I call the police when they arrived we were outside and my firearm was in the house de cocked and unloaded she asked to see the fire arm then took it claiming it was for safekeeping then I was arrested on a domestic charge and I was the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2021

Yes... You need a competent attorney immediately. That Charge is worse than some Felonies. If this does not go right, you will have a permanent Firearm Disability.

1 Answer | Asked in Civil Rights for Tennessee on
Q: I just received a civil summons on 5-27-2021, with a court date on 6-11-2021. The summons was also issued on 1-11-2021

I feel as though the summons has expired past 90 days and I was not given proper notice before court.

Anthony M. Avery
Anthony M. Avery answered on Jun 11, 2021

Since it has been served, you could suffer a default if you do not appear in Court. That sounds like a General Sessions Warrant, so the Rules of Civil Procedure do not apply. Hire an attorney to defend you on the merits as it appears you have been afforded your due process notice.

1 Answer | Asked in Civil Rights for Tennessee on
Q: If 911 says they lost a recorded emergency call for "technological reasons" what can I do to enhance my search?

They (911) have been implicated in a series of violations alone with implicating the police involved. In addition I'm worried that they will exhaust a "timeline" for keeping these recordings. I need immediate help in moving forward to avoid what I might think will happen. Please help.

Anthony M. Avery
Anthony M. Avery answered on Apr 27, 2021

You will need to hire an attorney to file a lawsuit in Federal Court. There you ask for discovery and possibly an injunction.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Is it illegal for a detective to interview a person with a mental disability without a third parfy witness

I was arrested but interview by a detective. Without a third party witness or lawyer i also have a mental disability. Plus im the victim of the crime. How is that possible

Anthony M. Avery
Anthony M. Avery answered on Apr 20, 2021

It is not an illegal interview and happens alot. You were not required to say anything. Sometimes the absence of, or waiver of, Miranda Warnings will suppress any testimonial evidence acquired by the LEO's.

1 Answer | Asked in Civil Rights and Landlord - Tenant for Tennessee on
Q: My husband who is a vet and works for a firing range got off work went upstairs and asked them to be quite

He did have a gun in him because he just got off work but never put his finger on the trigger or threatened to hurt any of them. Can we fight this till we can find a place

Anthony M. Avery
Anthony M. Avery answered on Mar 24, 2021

What happened? Assuming no criminal charges, you may wish to make the landlord go through the entire process for eviction. A Detainer Warrant must be filed, served or posted, a Judgment for Possession rendered, and if you are not out or appeal within 10 days, a Writ of Possession is issued and... Read more »

2 Answers | Asked in Appeals / Appellate Law and Civil Rights for Tennessee on
Q: Is there a statue of limitation on appealing procedure subject matter jurisdiction?

options on appealing subject matters jurisdictiion.

Charles William Michaels
Charles William Michaels answered on Feb 27, 2021

First, I am not a Tennessee lawyer. That being said, whatever are the issues you intend to raise on appeal, the time to appeal is the same. Usually, it's 30 days from the final judgment of the court below. Once the appeal is noted, when you file your brief, you can raise the issue of subject... Read more »

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1 Answer | Asked in Civil Rights and Domestic Violence for Tennessee on
Q: i file order of protection and its signed by a judge but the respondant hasnt been served by police is it in affect?

i filed for order of protection does the other party have to be served before its active?

Anthony M. Avery
Anthony M. Avery answered on Feb 15, 2021

The ex parte order is effective when issued. However it would be difficult or impossible to enforce it if it is never served.

1 Answer | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Civil Rights for Tennessee on
Q: i received citation but cop has no info on pink copy except the court date which is dated for1/20 & its1/21 is it via?
Shanone Emmack
Shanone Emmack answered on Jan 11, 2021

you will need to call Maury County clerk's office. Your case will likely be reset because the courts are closed to most in-person proceedings until the end of January. The clerk's office will give you the correct court date.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Can I possess a handgun in my vehicle at 19 in Tennessee?

I work in a gun store and carry on private land separate from where I reside. I am wanting to know if I can keep a handgun in my vehicle for protection at work and at any time I must go to our farm on the private land during these times under the Castle Law or any other law.

Anthony M. Avery
Anthony M. Avery answered on Dec 31, 2020

As a general rule no. If you are military, you might get a HCP. Or you might carry it in the locked trunk unloaded to a firearm instruction class (but I do not advise this). Unfortunately you are two years too young to carry a handgun, so do not do it. A criminal charge will mess you up so... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Tennessee on
Q: If I'm unlawfully stopped by police, under my protected constitutional rights am I required to present my id?

I'm? In Tn.

Paul E. Tennison
Paul E. Tennison answered on Dec 16, 2020

I am unaware of which specific Constitutional right you are referring to. Assuming you mean to invoke the 4th Amendment right against unreasonable searches and seizures. I am unaware of any precedent that states citizens are not required to produce identification when requested to do so. 4th... Read more »

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