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Tennessee Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: How can the officer add deadly weapon to my reckless endangerment charge after my paperwork States reckless endangerment

They added it after I bonded out of jail.

Anthony M. Avery
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Anthony M. Avery
answered on Apr 12, 2023

That was probably at General Sessions Court initially. LEO swearing out AWs can easily ask Judge to amend it or issue more AWs. It becomes a more formal process when Grand Jury Indictments are returned. Any defenses need to be brought up at the Preliminary Hearing on the Warrants.

1 Answer | Asked in Constitutional Law, Criminal Law and Traffic Tickets for Tennessee on
Q: I got pulled over mid Jan for driving on revoke an the police officer that pulled me over ask me snitch an he let me go

I told him yes an he let me drive off an continue driving until he pulled me over Feb 6 an charged me with driving on revoked again. I'm currently pulling my jail sentence for the Feb 6 revocation. They came today an said I have court for the driving on revoked from Jan because I was unable to... Read more »

James L. Arrasmith
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answered on Mar 11, 2023

It is not legal for law enforcement to coerce or threaten someone to provide information or act as an informant in exchange for leniency in their own criminal case. This is a violation of the individual's rights and can lead to further legal consequences for the officer.

If you were...
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1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Yes, I want to know if I can do anything about being discriminated against more than 2 times. One time the guy quit

The other few times I was made to drive a tow motor without knowing how, so my boss then taught me, another discrimination was the driver for the company ask me what my husband & i was going to do for Black History month. I treated these kids as my own and was hurt really bad. They would tell... Read more »

James L. Arrasmith
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answered on Mar 2, 2023

It is possible that you may have a legal claim for discrimination and/or retaliation under federal and/or state laws. Discrimination based on race, gender, or other protected categories is illegal in employment, and you have the right to file a complaint or lawsuit if you believe your rights have... Read more »

1 Answer | Asked in Domestic Violence, Appeals / Appellate Law and Constitutional Law for Tennessee on
Q: How do i get my right to own a firearm back with an old (2017) misdemeanor domestic charge. For personal & home defense

Old charge from 2017. No weapons involved were involved at all. No other relating charges. Long since separated from significant other (at time). I now live alone and have my daughters off\on. I want to own one for personal and home defense because of this.

James L. Arrasmith
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answered on Mar 2, 2023

The process to restore your right to own a firearm after a domestic violence conviction varies depending on the state you reside in. Generally, if you have a domestic violence misdemeanor conviction, you are prohibited from possessing a firearm under federal law. However, some states have... Read more »

2 Answers | Asked in Contracts, Criminal Law, Personal Injury and Constitutional Law for Tennessee on
Q: Can I challenge people to mutual combat if I loan them the nessicary protective gear and offer a waiver in TN?

Recently I was booted by my school, then told if I didn't sign an agreement to pay their parking fees they would keep the boot on my car. I'd like to challenge that staff member and campus officer to mutual combat via fisticuffs (with the nessicary PPE provided by myself).

James L. Arrasmith
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answered on Mar 2, 2023

No, it is illegal to engage in mutual combat in Tennessee, even if both parties consent to it. Mutual combat is considered a form of assault and is prohibited by law. Engaging in mutual combat can result in criminal charges and other legal consequences. Additionally, attempting to challenge a... Read more »

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1 Answer | Asked in Constitutional Law and Domestic Violence for Tennessee on
Q: I pleaded guilty to a domestic violence charge 25 years ago in Tennessee,Why can’t I get my constitutional right back?

I would like to hunt and protect myself but I feel helpless.

Anthony M. Avery
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Anthony M. Avery
answered on Jan 31, 2023

Domestic Assault is worse than some Felonies, and you should have known that 25 years ago prior to pleading. I assume that conviction is on your NCIC. You may wish to examine the legal weapons you can possess. There are muzzleloaders that can kill an elephant.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: (Franklin, Tennessee) Does "39-16-510. Retaliation for past action" apply in the situation described below.

My sister Maureen was pulled over in Franklin, TN because her tabs were expired by 14 days. Maureen knows her rights very well and she calmly and politely stated her rights to the police officer. This upset him and he entered her vehicle, physically removed her from her car, handcuffed her and took... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Dec 19, 2022

Maureen is charged with a serious Felony. She needs to hire a competent attorney now. It appears that she knows nothing about her rights and now the DA is after her. More than likely her suit lacked any merit, and definitely was not a counterclaim. This could get much worse and has been made... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Tennessee on
Q: I was pulled over for expired tabs (only expired by 14 days). The officer physically entered my vehicle, pulled me out..

..handcuffed me, took me to jail. I filed a counter-claim which was never replied to/answered; I gave them 30 days...no reply/so I gave them ANOTHER 30 days/STILL NO REPLY. They ACQUIESCED so I recorded the judgement. Over 1 year passed, NOW they say I am guilty of: 39-16-510. Retaliation for past... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Nov 28, 2022

There is no counterclaim to a criminal charge. If the criminal charge was dismissed, you might have had a civil rights action for an illegal arrest. But from the facts given, it does not look like that was the case. You will need to hire an attorney.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: The Police wouldn’t arrest the burglar that tried to break in. Is that a violation of Equal Protection?

The Police quickly caught a burglar that tried to break into my apartment. The Officer said that burglar was homeless and likely had schizophrenia. He wouldn’t arrest, didn’t want to fill out a Police report and only wanted to take him across town and drop him off.

The same burglar... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Oct 4, 2022

You can try to contact a Magistrate yourself by going through the General Sessions Court Clerk, but you probably do not have sufficient information. You can also complain to the Knox County District Attorney General, who might arrange for you and the LEO to swear out a Warrant. Hopefully you at... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law and DUI / DWI for Tennessee on
Q: If someone was charged with 2nd DUI in 2007,can police seize car for driving revoked,but never charge them for it,

My dad's car was taken for driving on revoked from a 2nd DUI he got in 2007, they never charged him & the police drove off in his car, is that legal??

Anthony M. Avery
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Anthony M. Avery
answered on Sep 29, 2022

If no charge was made by the LEO's, and no Forfeiture Warrant was issued, then it is an unlawful taking. But did Dad own the vehicle? I suspect more occurred here than what facts are stated. Driving on Revoked TNDL may be a charge in the making, which can take 1 year to initiate. The owner... Read more »

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2 Answers | Asked in Civil Rights, Constitutional Law and DUI / DWI for Tennessee on
Q: If someone was charged with 2nd DUI in 2007,can police seize car for driving revoked,but never charge them for it,

My dad's car was taken for driving on revoked from a 2nd DUI he got in 2007, they never charged him & the police drove off in his car, is that legal??

Jon David Rogers
Jon David Rogers
answered on Oct 27, 2022

Unfortunately, the U.S. Supreme Court has ruled that the statute regarding civil forfeiture of property used in the commission of certain crimes, including a 2nd DUI is not a violation of the Double Jeopardy Clause.

The forfeiture statute, which changed in 2015, states that the vehicle...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: Can police show up at your house and say because your on comm correc. That you have no rights and they search home
Anthony M. Avery
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Anthony M. Avery
answered on Jun 21, 2022

Yes...You are on Probation so you have to abide by the Probation terms. Any violation can mean you could be incarcerated for the remainder of the Sentence. There should be some kind of Probation Order in your file at Court. Read it.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Police brutality help
Anthony M. Avery
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Anthony M. Avery
answered on May 24, 2023

What is your question?

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Tennessee on
Q: Can I get my license back while making payments on fines from a dui twelve years ago?

I'm now unable to work and disabled but still need to go to doctor visits and the store.

Henry Ambrose
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answered on May 22, 2023

You likely need a lawyer for this. If you have fulfilled the requirements of the law at the time of your conviction you may be able to get your license again. If you were required to have an interlock device on your car and did not, you might have to do that and get a restricted license while its... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Tennessee on
Q: Am I eligible for the current Facebook class action settlement?

I received a FB notice about this settlement: Facebook, Inc. Consumer Privacy User Profile Litigation, Case No. 3:18-md-02843-VC, United States District Court for the Northern District of California. After several tries by phone & email, I cannot get a suitable answer to my question from their... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Apr 28, 2023

https://www.facebookuserprivacysettlement.com/#home

Cut and paste this link - Review this page and then there is a link to fill in a claim.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: are cops allowed to take our phones
Anthony M. Avery
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Anthony M. Avery
answered on Apr 19, 2023

Very often they take them as evidence of crimes, so yes. If you are not charged with a crime, then you can ask for them back or sue the LEO for conversion.

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Constitutional Law for Tennessee on
Q: Can a former admin law judge for TN Dept of HHS, act on behalf as Guardian for a disabled teen in the 10 grade

My son was removed from his grandmother's house illegally without a signed court order from the judge. and his wife who also is an attorney was a assistant Council for the Department of Children Services is that legal or is that a conflict of interest. I know what my answer is but I want to... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Apr 5, 2023

No obvious conflicts shown. It sounds like he is practicing law in an area he knows well. Hire your own attorney.

1 Answer | Asked in Constitutional Law for Tennessee on
Q: I had gone to a motel to give a friend of mine money to help him either get out of or purchase another night. Was in the

Parking lot no more than 5 min friend got into car with a lap full of things and my car was surrounded drug dog was called, hit on car. While searching car I was taken into room that was being raided strip searched and taken back outside nothing found on me took me to jail seized car wasn't... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 29, 2023

Hire a competent criminal attorney to represent you quickly. You will at least need a Motion To Suppress Evidence filed if indicted. At General Sessions, prepare for a Preliminary Hearing. PDs are not going to do this. This is a public forum and you have already stated too many facts.

1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Constitutional Law for Tennessee on
Q: Can a volunteer fire department suspend or terminate a firefighter in tennessee over claims of hearsay
Anthony M. Avery
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Anthony M. Avery
answered on Mar 28, 2023

That is not employment related, but organizations can govern themselves. If some organization guideline or handbook rule has been violated, then the offended member/former member can assert his rights under those rules. But Tennessee Law rarely applies, and Court action rarely interferes.

1 Answer | Asked in Gov & Administrative Law, Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: I have documentation stating that my husband is innocent. the judge is refusing to let him out, need help please

My Husband is being detained on charges that he did not commit. I have the documentation, also a compact disk showing my husband was set up. the charges are as follows (1) capias, out of criminal court (2) bond revocation. I have all documents. Hancock County court and Claiborne County court have... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 27, 2023

Documentation is usually Heresay, but leads to Witnesses. Husband needs an attorney to represent him, so hire a competent one. Having charges in multiple Counties is difficult and expensive, as reaching a disposition in one Court just puts in jail in another County. Whatever he has been doing... Read more »

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