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Tennessee Constitutional Law Questions & Answers
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
PREMIUM
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 and Constitutional Law for Tennessee on
Q: Hello. I am looking to file a civil suit against a Towing Company. My moving truck was towed from my apartments.

The leasing office did not call them. They still have the moving truck and will not release it. The police was called but due to this being a private company, there is nothing further they can do. Any suggestions?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 11, 2023

Figure out who the defendant is, and how to serve them. Sue in General Sessions for either Action To Recover Property and/or Conversion. Might want a lawyer.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: I got arrested for asking if I was being detained or arrested cause I didn’t show id
Michael Hollins Sr.
Michael Hollins Sr.
answered on Jan 1, 2023

Anytime you get arrested, it should be taken seriously. You should definitely get a competent defense attorney working on your behalf with the district attorney in this case.

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
PREMIUM
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
PREMIUM
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, Constitutional Law and Criminal Law for Tennessee on
Q: If I was given my civil rights back in both states I was charged (TN&KY), do I qualify for a class e felony?

I was not on parole/probation; I received my rights back in June of 2020; I’m being charged with a class b felony or a c right now; I’m hoping it can be mended down to a class e which carries 1-6 yrs @30%.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 17, 2022

That would be a very large reduction in the criminal charge. Hire a competent TN attorney to represent you.

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Tennessee on
Q: My husband's probation came to our home four probation officers and searched our 3 and a half acres. He was arrested for

A single bullet to a gun I don't own ,misdemeanor weed misdemeanor meth after they arrested husband they wanted in my she shed where I had my 2 22 rifles wrapped and hid away from husband under lock and key. They charged me with tampering. Was I tampering I asked for my 4th amendment rights... Read more »

Cayley Turrin
PREMIUM
Cayley Turrin
answered on Nov 15, 2022

You should hire an attorney and that will give you the best chance to get out of this.

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
PREMIUM
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
PREMIUM
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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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
PREMIUM
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: Do police have to log anything taken from my house after searching it.

After they left I had 3500.00 in a lock box they priced open and the money was gone and I didn't sign anything saying they took anything

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 10, 2022

There should be an inventory in the Return on the Search Warrant. It is very possible there will be a Forfeiture Warrant issued against any proceeds from illegal activities.

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Tennessee on
Q: My daughter's mom burned her social security card in a fire on purpose. Is that a federal offense? My daughter is 19

She admitted to it in child support court and the judge said it was a federal offense..

Cayley Turrin
PREMIUM
Cayley Turrin
answered on May 10, 2022

I would consult with a federal attorney.

1 Answer | Asked in Constitutional Law and Criminal Law for Tennessee on
Q: I'm in TN if I'm at a hotel an a police officer knocks on door an I open it can he just walk into my room without warran
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 9, 2022

He can if you allow him in. My recommendation is to ask what he wants, and then not say anything except you cannot come in without a Search Warrant. If he has an Arrest Warrant or Capias for you, then he will arrest you.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Tennessee on
Q: What is the statute of limitations for a civil rights lawsuit when the a cause of action is fraud by the court?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 2, 2022

Not sure of your "Court" fraud, but a Governmental Tort Liability Action is 1 year from injury. Probably any other applicable cause of action will also be 1 year, except some property torts are 3 years.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: I'm fill out the civil division info. Sheet. I'm on the type of case section. The non jury, 6 person, or 12

And what to put in the lawyer section if I'm defending myself

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 3, 2022

That would be "Pro Se". But most of the time you should not represent yourself. I recommend calling around for competent attorneys who might be creative in getting compensated. You might call around in other Counties in your District and ask for possible referrals.

1 Answer | Asked in Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: If a domestic assault case the state picked up postpones a trial 3 times, will it be thrown out?

The state of TN picked up a domestic abuse case on him, regardless of my own testimony redeeming him innocent during our public verbal dispute in our residential

Community. Despite the initial arraignment, the trial has been put off twice now because of me not being sepenaed to go. Numerous... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 2, 2022

You need to hire an attorney to tell you what the consequences are. This is a public forum, and it is always the State's case, not the victim's.

1 Answer | Asked in Constitutional Law for Tennessee on
Q: What happens when the police doesn't return the warrant to the court and the State still uses the document to prosecute?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 16, 2021

Apparently it did finally show up in Court for the Judge to peruse. Search Warrants do have to be returned with the execution annotated thereon, but Arrest Warrants can be used in a variety of ways. It can easily be dismissed, yet you can still get Indicted at Criminal Court. You may wish to... Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for Tennessee on
Q: I was ride through Brentwood tn and a Brentwood police pulled me over in nashville tn. Is there possible?
Cayley Turrin
PREMIUM
Cayley Turrin
answered on Sep 27, 2021

Simple answer yes. It really does depend on the circumstances.

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
PREMIUM
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 Landlord - Tenant, Criminal Law, Civil Litigation and Constitutional Law for Tennessee on
Q: Can my landlords brother enter my residence without notice after I told them not to enter via text cause I wasn’t there?

I have it in writing via text, I said do not enter my residence without me being present. Now I have a valuable coin collection missing along with several hundred dollars

Cayley Turrin
PREMIUM
Cayley Turrin
answered on Aug 16, 2021

I would call the police and report this.

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