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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Tennessee on
Q: I have been charged with indecent exposure in Tennessee and am a first time offender. What are my options for defense?

I have no criminal record

Anthony M. Avery
Anthony M. Avery answered on Jan 18, 2022

Hire an attorney to represent you now. I think that crime is not expungeable. You need it dismissed. Do not get in any more trouble and bring enough cash to pay everything off at Court the first hearing.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I understand that there are two ways a theft can turn into a felony. One is if an adult is paired with the theft. The 2?
Anthony M. Avery
Anthony M. Avery answered on Jan 12, 2022

There are several different Felony Thefts. Several are for varying amounts of $1K or more of property stolen.

1 Answer | Asked in Criminal Law for Tennessee on
Q: on indictments does the law half to arrest a person on them indictments before you are charged with a bench warrent

was arrested on a bench warrent first then found out that meant i missed a court date that i didnt know about because i was never arrested on the indictments, a month after the arrest i went to talk to a lawyer about my rights ,he said copy of papers from court house was faxs to his office ,that he... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 11, 2022

You are under many mistaken assumptions. Hire a competent attorney now. Usually

Warrants issue after an arrest, and if not disposed of at General Sessions, result in an Indictment. If you do not show up to Court, a Capias (for your body) issues. Your lawyer can give you the Indictment...
Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: My daughter's driver's license was suspended in a Va court for 6 months. she is a Tn resident. Can she drive in Tn

Charged with underage possession and consumption

Anthony M. Avery
Anthony M. Avery answered on Jan 10, 2022

Does she have TNDL? If so, yes she can drive in TN, until VA sends some notice to

TN DOS, which might have some unusual consequences with her being an underage drinker. If a VA DDL, no.

1 Answer | Asked in Criminal Law for Tennessee on
Q: arrested on renovation whith no bond how long till he goes to court in Hamilton county TN
Anthony M. Avery
Anthony M. Avery answered on Jan 5, 2022

Call the Court Clerk, and maybe the Jail, and ask.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Do I need a lawyer if I have been subpoenaed in a criminal case

I'm not sure if I have been subpoenaed by the state or by the defendant.

Anthony M. Avery
Anthony M. Avery answered on Jan 5, 2022

It depends on what happened. You may wish to consult an attorney and tell him what happened. You might have criminal liability and need to plead the Fifth Amendment.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What if the officer is not issuing a citation, and a crime was not committed, do I still have to show my id ?
Anthony M. Avery
Anthony M. Avery answered on Dec 29, 2021

No you do not unless you are trying to enter a restricted facility. But you need to be respectful to the LEO. Politely inform him that you are not talking to him about anything. If he arrests you or gives you a Citation, then cooperate without talking to him.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Nursing Home Abuse for Tennessee on
Q: What type of firm represents a hospital in-patient that was abused by hospital security?

Patient has diagnois of cognative mental disorder and was admitted due to a fall resulting in an additional head injury.

Tim Akpinar
Tim Akpinar answered on Dec 28, 2021

A Tennessee attorney could advise best, but your question remains open for two weeks. It would be a firm that handles personal injury, and possibly med mal if the incident was related to the patient's care. It's difficult to say with exactness, based on this brief description. Good luck

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: A person (grown child) of defendant. Called 911 and had someone ( the mother) arrested for false allegations of assault.

The daughter later decides to not prosecute the defendant (her mother), but once she gets to the court to waive prosecution she is informed that the State has picked up the charge for no other reason but cruel and unusual punishment.

If this legal in general sessions court of Tennessee?

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

It is always the State's Case, not the victim's. The Mother may get indicted, unless she has already plead guilty. The victim will be subpoenaed to the Grand Jury. If her allegations were false, she should hire an attorney for advice.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I am on misdemeanor probation and was admitted the beginning of last week into a 72-hour crisis unit due to trauma recov

I was evaluated by psychiatrist yesterday morning they said I was not well the meds they put me on at the stabilization unit did not go through the pharmacy electronically I wasn't able to ever take them since I was discharged the doctor thinks that is part of the problem however I have faced... Read more »

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

Call the PO today, or better, go see him. In fact I would make the Probation appointment over the treatment. Mental treatment will not be as important as not going to jail.

1 Answer | Asked in Criminal Law and Land Use & Zoning for Tennessee on
Q: What is the code or statute in Tennessee for someone removing the iron pin and property markers on a lot?
Anthony M. Avery
Anthony M. Avery answered on Dec 14, 2021

TCA § 39-14-406 might apply to trespass destruction of a fence or gate... Survey monuments might involve Vandalism. No specific survey marker destruction crime exists in TN except State Boundaries. Survey Markers usually involve more than one landowner, so monuments are usually on common... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: If you a 17 years old and you fight a 18 year old pregnant woman because she swung on you can you go to jail ?
Anthony M. Avery
Anthony M. Avery answered on Dec 14, 2021

Yes...That is very easily an Assault.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How can I find out if I have outstanding warrants?

I think I might have outstanding warrants for my arrest but could also be paranoid. I don't have a criminal record and have never been arrested. I don't notice suspicious activity I see cops all the time and they don't notice me. I just want to know if there is a way to find out for sure

Anthony M. Avery
Anthony M. Avery answered on Dec 14, 2021

Usually the Sheriff will not tell you there are outstanding warrants until they are executed upon your body. Sometimes a good lawyer can represent you and find out about them when he turns you in at Court, with a bailsbondsman waiting around.

1 Answer | Asked in Criminal Law for Tennessee on
Q: In 2013 I got reckless endangerment w/deadly weapon on my record as a class e felony. Clean record otherwise

Was a plea bargain in 2013 than landed my this conviction. Is this expungeable???

Cayley Turrin
Cayley Turrin answered on Dec 9, 2021

I would talk to TBI or an attorney.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: What to do if I was pressured into a statement?

I was in the shower and my husband was asleep when police arrived. They said they got a call for a welfare check. They noticed I had marks on my neck( spotty from shower). They questioned me and I tried to explain but they asked to speak to my daughter who is 5 and she started talking about us... Read more »

Cayley Turrin
Cayley Turrin answered on Dec 9, 2021

I would hire an attorney immediately.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Are you liable if you accidentally back into mail carrier illegally parked in a hospital fire lane in greeneville tn

It parked after I had parked, the officer called it no fault

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

Tennessee is a Comparative Negligence State. So if the Court finds you over 50 % negligent, then some damage award will be adjudged against you. It could go the other way, but you are talking about litigating with the Federal Government.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a judge ethically give legal analysis on a search warrant and affidavit that was never returned to the court?

The affidavit was sworn to a different individual and the police officer used white out to change it after its issuance and execution to reflect my name.. The affidavit only contains a conclusory statement without presenting any facts.. The search warrant does not particularly describe the person... Read more »

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

You have done a pretty good job of looking into the SW. There are Statutes and Criminal Court Rules which control here. But it is usually meaningless until there is an Arrest Warrant or Indictment. Upon instigation of criminal charges, your lawyer needs to ask to suppress any evidence generated... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: passenger being charged for what was in the driver's car
Anthony M. Avery
Anthony M. Avery answered on Dec 2, 2021

What is your question? Constructive Possession of contraband allows charging you as the principal criminal. Hire a competent TN criminal attorney now.

1 Answer | Asked in Criminal Law and Personal Injury for Tennessee on
Q: Can I get a lawyer to represent me in a criminal aggravated assault case in Memphis, TN?

I was attacked by two patients and a male staff worker while I was a patient myself at this local hospital in Memphis, TN. I sustained several injuries to my head, leg, and left shoulder. I am in need of further medical care due to some pain I am still experiencing in my left shoulder and headaches... Read more »

Cayley Turrin
Cayley Turrin answered on Dec 1, 2021

You can google and get an attorney out of Memphis.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If arrested second time for domestic assault what happens

My daughter child father was arrested for domestic assault however he still have been sneaking picking her up an it's a no contact order on him he just got arrested again for another domestic assault what will happen if he was on probation for the same thing an supposed to no contact with her

Cayley Turrin
Cayley Turrin answered on Dec 1, 2021

His probation will be violated so he will be facing the new charges plus the probation violation.

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