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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Tennessee on
Q: Tennessee wants an original police report of a charge I sent a final disposition for from NY 10yrs+ ago for ccw permit

They want to verify that my misdemeanor charge isn't domestic assault or battery but it clearly States on the disposition that it isn't are they allowed because I feel like my rights for fire arms are being suppressed or neglected It's been more than the 60 days they say it takes I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 22, 2020

If necessary you will need to file an Action in General Sessions against the State. It is basically a Declaratory Judgment Action pursuant to Statute, and I believe you will need a competent attorney. This will need to be filed very soon.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was wondering about a small claim procedure on evidence

My ex-boyfriend stole my things and gave them to his new girlfriend I have pictures and I also have text messages saying that he did will that hold up in court

Bennett James Wills
Bennett James Wills answered on Sep 21, 2020

If you took the pictures and can authenticate same, then those may be admissible. Text messages against the ex are also likely admissible as an admission by party-opponent.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can an attorney represent a defendant (Bf) charged with Agg assault against a victim who he represents in another case?

My ex wife’s bf was charged and arrested for Agg assault. Her attorney represented her bf in court against her. The charges were dropped. The Same attorney also represents her in a child custody lawsuit. Is this not a conflict of interest or something?

Cayley Turrin
Cayley Turrin answered on Sep 21, 2020

I would not personally do it. But they can if they both waive a conflict of interest.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can i get my theft under 500 charge from Wal-Mart thrown out on the grounds of being disabled with brain injury

I actually thought my car had been stolen from Wal-Mart parking lot while i was in jail that night. My aunt finally found out that it was at a different walmart. That is how bad my memory is along with many other issues bc of my brain injury disability

Shanone Emmack
Shanone Emmack answered on Sep 21, 2020

If you mental capacity was in question at the time of the event (the theft) then I suggest hiring an attorney to talk to the District Attorney and request a mental evaluation . Good Luck!

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can u obtain exigent ntry based on incident that resulted in a good samaritan law being invoked...3 weeks afterthe fact

Good samaritan law .could exigent entry be made saying defendant had past history of destroying evidendc3... 3weeks later

Anthony M. Avery
Anthony M. Avery answered on Sep 18, 2020

Not sure of your question... But the defendant's attorney may be able to file a Motion To Suppress Evidence obtained by an illegal search. It is difficult to prevail and he needs a competent attorney.

1 Answer | Asked in Criminal Law for Tennessee on
Q: my son was on bail in tn did a crime in nc did his time for that charge still waiting on tn 4 months later to pick up

he waived his extradation right and still have not heard a word about what is going on

Cayley Turrin
Cayley Turrin answered on Sep 16, 2020

I would contact his attorney in NC to see if he can find out. That seems to be taking an extra long time to extradite him but it could be because of COVID as well.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I have a scenario from my political science class. I'm genuinely stumped about how to answer and explain this.

Police officers cannot turn on their emergency lights when they stop to help a motorist. Officer D turned on his when stopping to give possible assistance to Al, who was parked in his van on the shoulder of the road. He saw a beer "in plain sight" and he subsequnetly arrested Al for... Read more »

Cayley Turrin
Cayley Turrin answered on Sep 16, 2020

So reading this I think it would depend on the reasoning of the Judge to why he suppressed the evidence and whether the same reasoning would then apply to say a dead body.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I need help figuring out how many years I would do. Schedule I,II,III,IV mfg/del/sell/pos/cont. I'm in Tennessee.

I was with someone I shouldn't have been around and took the charges for him. I'm trying to use the argument we were in someone's else's vehicle. I'm trying to build my case. I just wanted to know how much time I would be looking at. I also got pulled over again in July... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 14, 2020

Hire a competent attorney today. You probably need a new phone and number. Do not associate with anyone that conducts illegal activities. Work hard and stay out of trouble. Again get a lawyer right now and quit trying to represent yourself as you are in alot of trouble.

1 Answer | Asked in Criminal Law for Tennessee on
Q: A range 1 offender gets sentenced as a range 2 on 2nd felony conviction. Is that legal
Anthony M. Avery
Anthony M. Avery answered on Sep 14, 2020

It is definitely possible. The Sentencing can be appealed but it must be brought up in a Motion For New Trial first. However the difference is 35% instead of 30% to be served prior to Parole Elgibilty, in addition to a larger number of minimum years Sentence.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is assault with intent to go armed a felony in Hamilton county TN if I have no prior record of this

A previous assault is on my record

Anthony M. Avery
Anthony M. Avery answered on Sep 10, 2020

There is no such crime in Tennessee. Either you are talking about a felony assault while displaying or using a weapon, or you are talking about a misdemeanor for carrying a weapon. You have got two different crimes mixed up. Hire a competent attorney to represent you now.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Tennessee on
Q: My gun was taken by police because they claimed to see it in my bf hand although he never had it what to do now

There was a police call made by someone where we were and It was a false report because of underlying family issues so when the police came they grabbed my boy friend and beat on him they also took my weapon because I say it on the ground just for my safety when they arrived my weapon is in my name... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 9, 2020

First make a written demand to the Chief of Police or the Sheriff to return your weapon. Then you need to file suit for Conversion against the City/County and the Officer that took the firearm with a SOL of 3 years. All this costs money and time, and many firearms are not worth the trouble. There... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: What do you need to file an assault charge on someone? Only the person's first name is known.

This would be for the State of Tennessee. I know the company name and address. It is the name of one of their employees. The company refuses to give me the employee's name. I don't know if that's legal or not.

Anthony M. Avery
Anthony M. Avery answered on Sep 9, 2020

If you really want to prosecute the guy, then you will have to start tracking him down. You might hire an investigator, who might also assist you in getting a Warrant or an Indictment issued. Name, address and the main elements of assault will be needed to secure a Charge.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a probation officer make a rule you phone call every single day
Anthony M. Avery
Anthony M. Avery answered on Sep 9, 2020

It is probably not enforceable in Court, but the Probation Officer can find other ways to properly violate you. It is your responsibility to keep the PO happy.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Tennessee on
Q: Can a revoked bond condition be lifted?
Anthony M. Avery
Anthony M. Avery answered on Aug 31, 2020

Not sure of your question. But the Court that issued the Bond Condition can also be moved to modify its Order. It will require filing and arguing a Motion.

2 Answers | Asked in Criminal Law for Tennessee on
Q: Can someone get out of prison if they are doing life
Bennett James Wills
Bennett James Wills answered on Aug 31, 2020

Sure, it's possible. Usually by post-conviction process, parole, or pardon.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Can I file lawsuit against a city for not notifying next of kin of death and not getting consent before doing autopsy?
Anthony M. Avery
Anthony M. Avery answered on Aug 28, 2020

It is possible to file a GTLA suit. But what are your damages? Standing is paramount, so only the close next of kin might sue. A Small Estate Affidavit might get an Administrator for the plaintiff. But again, it is doubtful there is an actionable tort here, even with the Decedent's... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Charged with these: 55-8-136, 55-10-416, 39-17-418, 39-17-425. 1st offense. do I need lawyer?

This is my first offense. Possession charge is for 4.4 grams of marijuana. Would a lawyer be needed for these charges?

Anthony M. Avery
Anthony M. Avery answered on Aug 27, 2020

Absolutely you need a lawyer. Try to get them Diverted, Dismissed and Expunged. A drug conviction will hurt your future.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Tennessee on
Q: Why does the sentence department in Tennessee not have to continue my wife's sentence concurrently

It started off concurrent and then they made it consecutive ( felony while on parole) but had me get an amendmended/corrected sentence order(I did) they still treating it consecutive

Cayley Turrin
Cayley Turrin answered on Aug 26, 2020

The one thing that comes to mind is that they committed a crime while on bond. If this is the case then the department mandatorily runs it consecutive.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is it legal for police in Memphis tn to pick up someone in Arkansas for questioning if you agreed to come in

The police called me and asked if would come in to answer questions I agreed they then came from tn to Arkansas to pick me up for said questioning with a film crew I’m wondering how legal it was

Paul E. Tennison
Paul E. Tennison answered on Aug 26, 2020

If you agreed, it is legal. By giving consent, you allowed it to occur. If you had said no, they would have had to proceed with securing a warrant in order to detain you for questioning. Hopefully you didn't admit to any criminal acts when speaking with the police. I recommend you consult with... Read more »

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