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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My boyfriend was arrested on Aggravated Domestic Assault against me. If I skip court will he be released from jail?

My boyfriend of 9 months was arrested and I am the alleged victim. We were fighting that night but I didn'tcall the police. My mom called them after I called her for a ride. She hates my bf. I was on the balcony fuming after our fight and he says when I stood on the side of the chair looking... Read more »

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

It will not be that easy for the charges to be dropped. And they are very serious. He needs a competent attorney today, and you do not need to communicate with him in any way. You may need your own attorney if you are not careful. Without proof the State's Case will be dismissed. But... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: How can I be charged with tampering with evidence when there is no evidence
Anthony M. Avery
Anthony M. Avery answered on Feb 22, 2021

Yes, especially when LEO believes you have destroyed evidence of a crime. It is a Felony, so hire a competent attorney.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Should the jury be instructed that jury must find defendant guilty of the predicated felony for conviction

With regards to 39-17-1324 employing a firearm during commission of a dangerous felony where indictment stated attempted first degree murder as the predicated dangerous felony but jury were given instructions between attempted first degree murder , attempted second degree murder or attempted... Read more »

Cayley Turrin
Cayley Turrin answered on Feb 22, 2021

It depends. I would ask the attorney on the matter your questions.

1 Answer | Asked in Criminal Law for Tennessee on
Q: could a class a misdemeanor be increased to a felony

39-17-418

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

Yes and it often is. That charge may be felony depending on your record. Or you might get indicted on a felony drug charge if it is not disposed of at General Sessions. Hire a competent attorney.

1 Answer | Asked in DUI / DWI and Criminal Law for Tennessee on
Q: My husband was arrested on feb13 for dui..sheriff took him for blood draw. I bonded him out on 14th. Yes he had

Heroin in his system.Came to our home and arrested him on. Feb 18 for a drug charge. Why did they rearrest him? He had no drugs in car or on his person on dui arrest. Can they file a warrant for what was in his blood?

Shanone Emmack
Shanone Emmack answered on Feb 20, 2021

No they cannot arrest him for a drug charge because he had drugs in his system. He had to be in possession of them. There must be more to it. I recommend you call the clerk's office and get a copy of the affidavit of complaint and see what it says. I also recommend you hire an attorney to... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was arrested and now out on pretrial release with conditions.

One is that I am not allowed to contact her in any way. She likes to create fake Facebook accounts under other names. If I were to accidentally message one of those accounts and it happen to be her on the other end of it, would this be a violation?

Anthony M. Avery
Anthony M. Avery answered on Feb 19, 2021

Yes and it happens alot. Stay away from FaceBook, it will put you in jail. If you communicate in anyway that can be construed with her or through a friend, you go to jail regardless of the truth. Your criminal charge is serious and if you do not deal with it properly, it will hurt you the rest... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was charged with aggravated trespass and public intoxication for mistaking being at wrong house. I wasn't on anything.

I spent 24 hours in jail. I've never been arrested and they had me under a different name. I'm due to go to court March 3rd. I'm 54 and have never been arrested no tickets. I don't drink or do drugs. Officer stated I was rambling. I only answered his questions and asked why I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 18, 2021

What is your question? You do not want this affecting the rest of your life. Hire a competent attorney to make it as painless as possible, with maybe Diversion, Dismissal and Expungement. A Conviction will go on your record forever, making you look like a drunk.

1 Answer | Asked in Criminal Law and Business Law for Tennessee on
Q: How many shares is authorized for a corporation in tennessee?
Anthony M. Avery
Anthony M. Avery answered on Feb 17, 2021

As many as the incorporators and/or directors want.

1 Answer | Asked in Criminal Law, Elder Law, Estate Planning and Probate for Tennessee on
Q: Sister's attorney knowingly deeded an diagnosed mentally incapacitated aunt's entire estate to his client, is he liable?

Attorney conspired with his client, knowingly accepted $4,000 in checks written by his client directly from their elderly vulnerable victim's embezzled bank account. A financial exploiting, poverty stricken niece hired an attorney to become aunt's POA and assist her in taking deed to... Read more »

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

There may be presumptive fraud if the Attorney In Fact deeded the principal's property to himself, or possibly his client. There are SOL's which you may have breached, and you may not have standing. Hire a competent attorney to examine the facts and title. You may or may not have a case.

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: if a person commits a bad enough reckless arson would they get a death sentence or just a life sentence?

for example the whole forest gets caught on fire and it damages everything bad enough is it still a life sentence or a death sentence and if not a death sentence what would be a situation where it will be a death sentence or even if its possible to get one?

Anthony M. Avery
Anthony M. Avery answered on Feb 12, 2021

Aggravated Arson is a Class A Felony, so no death penalty. If a death occurs, then a possible homicide charge could result in addition to the arson charge.

1 Answer | Asked in Criminal Law for Tennessee on
Q: After pro se petitioner turns in paperwork in a timely manner. How long does the court have to turn it in??

Is the pro se pettinor suppose to go to probation during the time waiting on the courts to hear back from the courts?

Cayley Turrin
Cayley Turrin answered on Feb 8, 2021

Once your guilty plea is entered that is when you are on probation.

2 Answers | Asked in Criminal Law for Tennessee on
Q: What if I was supposed to be paid restitution from a carjacking that happened in Oct 2014? But haven t received anything
Cayley Turrin
Cayley Turrin answered on Feb 8, 2021

I would call the district attorneys office in that county.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: What can I do about unlawful search and seizure

I was arrested for shoplifting at Walmart and they went to truck I drove which was only time I drove it it’s my brother n laws truck they found bag with substance I told them that was sugar or salt my sister had got from her ex husbands house because we was in process of moving to our house they... Read more »

Cayley Turrin
Cayley Turrin answered on Feb 8, 2021

Hire an attorney immediately.

1 Answer | Asked in Business Law and Criminal Law for Tennessee on
Q: Should I file a police report to have charges pressed against my former business partners for fraud/theft?

In 2020, I joined a couple opening a business for a 25% share of the company. Since that decision I was working full time on the business putting in 80 hours a week average. My business partners told me their capital investment was through spending money on the business out of their personal... Read more »

Frank J. Steiner
Frank J. Steiner answered on Feb 3, 2021

Yes, but better to sue them for fraud and go for civil damages.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was stopped for using phone officer run me was clean instead of letting me go he bought dog to sniff is this legal

He search my. Purse found drugs . No drugs in car

Anthony M. Avery
Anthony M. Avery answered on Jan 29, 2021

It does not sound like you were clean, and apparently purse was in the car. You did not describe the charges, but it sounds extremely serious. The LEO will be articulating one or more reasons for the search, which may or may not be legal. You need a competent attorney to prepare for a... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: My boyfriend got a gun pulled on him&he shot first being scared that the guy was going to shoot him.what can happen 2him
Shanone Emmack
Shanone Emmack answered on Jan 19, 2021

I don't know what could happen without knowing more facts. He "could" have a case of self-defense. It's important that he gets an attorney immediately. To prove his case he will need witnesses and any other evidence that it was self defense. You can help by gathering as much... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: Would I have to sell my home that my father had bought me during the marriage

I left the home cause of treats of violence against me. He is demanding $20,000 to leave my house. What can I do. He has also told my children he would burn house down. We do not have any children together

Ross Matuszak
Ross Matuszak answered on Jan 15, 2021

Thank you for your question. From what you said, it seems that you may be in danger. If you feel threatened or are actually threatened with physical violence, call the police immediately. It would also be a good idea to file an order of protection against your husband due to threats of violence and... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: I have a long criminal law related questions so I typed it below. Please see below.

This question is a hypothetical. Im over the age of 18 and I'm talking to a 15 year old girl from Tennessee. If she was to send me an explicit photo without me asking for it or soliciting it in any way, what kind of legal trouble would I be in? If I immediately deleted the photo or told law... Read more »

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

Those are both State and Federal Felonies involved. You should forget about the girl, and get a new phone and number...Today

1 Answer | Asked in Criminal Law, Products Liability, Real Estate Law and Civil Litigation for Tennessee on
Q: I need a good lawyer

Greeneville Tennessee area reason 73 state statutes violated. I want to get them. landlord tenant AC stolen property violation harassment

Bennett James Wills
Bennett James Wills answered on Jan 13, 2021

Use the search function on this website, or any other website, to find an attorney local to you. I would recommend you interview as many attorneys as you need to determine who may best be able to serve you and your needs.

1 Answer | Asked in Criminal Law for Tennessee on
Q: was arrested in tn first time offender poss. Of prohib weapons and explosives for drain cleaner and foil. Any loops?

On family property. I had made a "works bomb" and now I have 2 felonies poss of prohib weapons and explosives. Poss of explosive components. For normal household items and no bad intentions and my life is ruined because of 1 bad decision and curiosity. Is there any way of expunging or... Read more »

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

Hopefully you have not been convicted yet. If not, then hire a competent attorney today, as there should be some ways to maybe get Diversion or Misdemeanors. If convicted, th en you may need to file for a new trial or some other motions.

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