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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Tennessee on
Q: Is it possible to have my public intoxication expunged from 2014?

I was arrested and held for 4 hours. At the end of the 4 hours, someone came in and told me if I signed a document and plead guilty, I would pay a fine and be done with it. I never really thought about it again until I interviewed for a job and it came up. I spoke with the general sessions clerk... View More

T. Augustus Claus
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answered on Dec 4, 2023

Yes, it is possible to have a public intoxication conviction expunged in Tennessee, even if it is from 2014. The Tennessee Expungement Act allows for the expungement of certain criminal convictions, including public intoxication, after a certain period of time has passed.

To be eligible for...
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1 Answer | Asked in Criminal Law, Divorce and Family Law for Tennessee on
Q: my husband is on my bond and we are getting a divorced and he says he going to take hisself off my bond what will happen

The bond is paid and it’s been 4 years been to court couple times then Covid hit and now it’s been 4 years need two know what I need two do will I be put back in jail if he takes his self off my bond live In Tennessee

Anthony M. Avery
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answered on Nov 24, 2023

That is probably up to the bondsman, who you should call as you are his prisoner. If the bondsman asks the Court to exonerate him, then the Judge may set a bond or possibly release you on your own recognizance. But 4 years is a long time not to go to trial. Talk to your lawyer. Be ready with a... View More

2 Answers | Asked in Criminal Law and Landlord - Tenant for Tennessee on
Q: State of TN tenant pull loaded gun and aims the weapon at property owner and owners minor Son, whom was only 8 yrs old

At the time , tenant pointed the loaded weapon at property owner and then owners minor Son. All the while, having her finger on the trigger

James L. Arrasmith
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answered on Nov 24, 2023

In Tennessee, the situation you described is extremely serious and could lead to criminal charges for aggravated assault, especially since a minor was involved. Aggravated assault in Tennessee is defined as intentionally or knowingly causing another to fear imminent bodily injury with a deadly... View More

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2 Answers | Asked in Criminal Law for Tennessee on
Q: Can I just pay my fine and not go to court for simple possession.citation.
James L. Arrasmith
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answered on Nov 19, 2023

In Tennessee, the process for handling a citation for simple possession can vary depending on the specific circumstances and the local jurisdiction. Generally, for certain offenses, including some minor ones, you may have the option to pay a fine instead of appearing in court. However, this... View More

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Cam u b charged for using the life alert system fraudulently as 911
James L. Arrasmith
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answered on Nov 17, 2023

Yes, using a life alert system fraudulently can lead to legal charges, especially if it's used in a manner similar to making a false 911 call. Life alert systems are intended for emergencies, and misusing them can be considered a form of false reporting or misuse of emergency services.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Health Care Law for Tennessee on
Q: My fiancé is currently incarcerated at the Dickson County jail in Tennesse. He feels he is being discriminated against.

He has a medical necessity to be on a bottom bunk due to him having seizures but has been denied a bottom bunk. He's told there aren't any available. There was a new inmate who came in and was given a bottom bunk. We were in the process of getting his health situated when he was taken... View More

James L. Arrasmith
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answered on Nov 12, 2023

In Tennessee, if your fiancé feels he is being discriminated against in jail due to not being accommodated for his medical condition, there are steps you can take. First, document all instances of his seizures and requests for a bottom bunk, including dates and any responses from jail staff.... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: Once you're put on probation do you have to notify your bail bondsmen that you were put on probation?

I wasn't told if they already know but I still call them to check in and they act like they don't know. N I get put on hold everytime I tell them its me and they put me down as checked in.

Anthony M. Avery
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answered on Nov 10, 2023

The appearance bond guarantees your being at Court or jail on certain dates. You can tell the bondsman what the Court ordered but what counts is showing up at Court when the Docket says you are supposed to. A bondsman could require you to report your case's status, but it would be unusual.

1 Answer | Asked in Constitutional Law, Criminal Law and Federal Crimes for Tennessee on
Q: Can someone please tell me if Congress passed the motion for sentencing reduction act in 2018 when is it effective?

I need a lawyer who can file a motion for my son.

James L. Arrasmith
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answered on Oct 18, 2023

Congress passed the First Step Act in December 2018, which included provisions for sentencing reductions. The Act became effective upon its signing by the President on December 21, 2018.

If your son may qualify for a sentencing reduction under its provisions, it would be prudent to review...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: Ex-roommate non-fatally shot someone and ran and now we feel the police are harassing us

While kicking out our former roommate for doing illegal activities and threatening to harm us. He got into an altercation with our guest and shot him in the hip and went on the run. He hasn't been caught yet but has tried to return and when we told him to leave and that we were calling the... View More

James L. Arrasmith
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answered on Oct 15, 2023

In a situation where you feel harassed or targeted by the police, it's essential to take several steps to protect your rights and interests:

Document Everything: Keep detailed records of all interactions with the police, including dates, times, names of officers involved, and the...
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1 Answer | Asked in Criminal Law and Family Law for Tennessee on
Q: My girlfriend gave her keys while in jail & recently her grandmother got power of attorney & trying to say I stole them.

My girlfriend was arrested for violating probation and while she was in there she signed her keys out of her belongings and told me to take care of her car and her things while in jail. Well just recently her grandmother got power of attorney and is trying to get the car and is threatening to press... View More

Anthony M. Avery
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answered on Oct 12, 2023

You cannot prevent the attorney-in-fact swearing out an arrest warrant against you. But be prepared to post bond, hire an attorney and subpoena your girlfriend at jail to testify at the Preliminary Hearing. You could write the mother a letter explaining what has happened. Since she has the... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a person who is a passenger be charged with eluding, wreckless driving with -deadly wepon ( car )?

My son got a ride from someone and was flying at high speed on freeway police gave chase. The guy driving took off and left them in the dirt. They pulled over in a field of a new motel the driver ran and my son was caught going back in the car to get his wallet. The car was a stolen vehicle. My son... View More

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answered on Oct 6, 2023

First, Tennessee law and Georgia have different laws, but it will generally be the same in both cases for a situation like this.

First, keep in mind that the amount of proof police need to arrest someone is much lower than is needed to actually convict someone in court. To arrest...
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2 Answers | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: Can I bound over a misdemeanor domestic assault charge over to the grand jury in tn
Anthony M. Avery
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answered on Oct 5, 2023

You do not want the DA to bind it over to the Grand Jury. DA is worst than some felonies. Hire a competent attorney and prepare for the Preliminary Hearing. Possibly try to divert, dismiss and expunge the charge. This is a very serious charge which will hurt you permanently.

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1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: How do I sue the state of Arkansas I was wrongfully convicted on 3-20-2008 Two correctional officer's assaulted me

How do I sue the state of Arkansas I was wrongfully convicted on 3-20-2008 Two correctional officer's assaulted me

John Michael Frick
John Michael Frick
answered on Sep 28, 2023

If you were wrongfully convicted and have since been exonerated of the crime, you may be entitled to exonoree’s compensation by statute.

Contact a criminal defense attorney in Arkansas who can advise you on the process to claim any statutory compensation you may be entitled to and what...
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1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: what can be done after a guilty plea if the judge and state ignore exculpatory discovery requests?

also there are many clear violations of the rules of judicial conduct and Tenn Sup Ct Rule10B

Anthony M. Avery
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answered on Sep 27, 2023

If the plea just occurred, a motion to withdraw plea should be filed immediately. If the Judgment of Conviction has not been entered, there is a chance of quashing the guilty plea. If later, then withdrawal is iffy. Otherwise an appeal of the Sentence may be the only real option besides a... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Car Accidents and Juvenile Law for Tennessee on
Q: My son 17yrs has pleaded guilty to leaving the scene and has a court date of October 17th. Any advice will help

First offense

T. Augustus Claus
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answered on Sep 19, 2023

If your 17-year-old son has pleaded guilty to leaving the scene, it's important to familiarize yourself with the specifics of the state laws where the incident occurred, as penalties can vary. Before the court date, gather any evidence or testimonies that might be relevant to the incident or... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was charged with 3.2 grams of meth. How long will i do in jail

Morristown Tn. I have never been in trouble for drugs

T. Augustus Claus
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answered on Sep 13, 2023

The penalties for drug-related offenses, including possession of methamphetamine, can vary widely depending on several factors, including your location, prior criminal record, and the specific circumstances of your case. In Tennessee, drug offenses are taken seriously, and penalties can range from... View More

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: iM on a Interstate Compact from Ky to TN. MY parole officer and I have different dates as my EXP. Date by like 4 years?

all paperwork I have from the past says that my Exp. Date is 10/27/23 papers like my old time sheets from being inside, and my discharge papers from where I was released on parole in June of 2020 but Po has 9-1-27. I have a min and Max date that I can be released from depends on programs and... View More

Henry Ambrose
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answered on Sep 11, 2023

Contact the lawyer who represented you and get a copy of the signed judgement. That will have the exact sentence you are to serve. After that will come the method of calculation for that sentence. The state where you were convicted will have that authority and your lawyer should be able to contact... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: I had a felony in Indiana for possession of anhydrous ammonia. It was expunged in 2017. Can I have firearm in Tennessee

The felony conviction was 20 years ago.

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answered on Sep 8, 2023

TN caselaw says that once you are expunged, you return to a person with no outstanding charges related to the expunged charge, nor are you convicted. However Federal law is different, and they do no wish to abide by State expungements. It is very doubtful that a NCIC will produce an... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: What does possion schedule 2 methsentences
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answered on Aug 28, 2023

Misdemeanor Possession is minimum 30 days in jail. Felony starts at 6 years.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What do yóu get in Sullivan county for the first víolation normally for not completeíng community service

Wife has minor traffic violation an then fta for could nót get to the cóurt hóuse no ride an it's been a year or móre in the çouetbsystem but is a violation fírst

T. Augustus Claus
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answered on Aug 22, 2023

In Sullivan County, Tennessee, the consequences for a first violation related to not completing community service can depend on various factors, including the original offense and the circumstances surrounding the failure to complete the required service. Generally, when probation terms are not... View More

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