Lawyers, Answer Questions  & Get Points Log In
Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Tennessee on
Q: What exactly is the title law 40 in Tn for first offense
Anthony M. Avery
Anthony M. Avery answered on Oct 18, 2021

Generally that deals with Sentencing, but includes hundreds of different Statutes.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: can my cousin he's a lawyer defend a plaintiff in a case against me?
Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

That is not a per se ethical conflict. But if he has provided legal advice to you, then you want to ask him to recuse himself (and all information about you). I would be most worried about him using information he knows about you to collect a Judgment. The lawyer is treading on dangerous... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: I want to know why I am the only one getting charged with aggravated burglary and I wasn't by myself in the crime
Cayley Turrin
Cayley Turrin answered on Oct 11, 2021

There could be numerous reasons why that is the case.

1 Answer | Asked in Criminal Law for Tennessee on
Q: My son was found in a vacant home that did have things in the home from my understanding it was uninhabited for several

U hibitated for several years he had no items on him at the time is this aggravated burglary

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

Hire a competent attorney. That may only be a Trespass as no Habitation involved. Felony Burglary is still possible though. He needs to prepare for a Preliminary Hearing.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What exactly does 39-13-524 mean in a criminal matter?
Anthony M. Avery
Anthony M. Avery answered on Oct 6, 2021

That is a Sentence for a Sex Offender for Lifetime Supervision.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If my son who is 30 texted a13 yr asking her to show him what her body looks like.what kind of charge is this

He was kidding around last night and he text my 13 yr old niece to show him what her body looks like.playing around. Now the cops are looking for him. What kind of charge is this

Anthony M. Avery
Anthony M. Avery answered on Oct 6, 2021

An extremely serious Felony. He needs to hire an attorney for advice and should not talk to the LEO's at all. Do not post anything else on a public forum.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Tennessee on
Q: How was I charged with vandalism at my former residence after moving, what was the purpose of my $1000 deposit?

Paid $800 deposit plus $200 for pet. The warrant said a broken window, already broken, missing shelves and closet rods, and damage to cabinets. There was only 1 closet rod when I moved in, and the drawer was taped in 1 cabinet because it kept falling apart. That being said, I'm confused as to... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 6, 2021

You need an attorney to represent you to prove Restitution has already been made.

1 Answer | Asked in Criminal Law, Personal Injury and Family Law for Tennessee on
Q: Can you miss circuit court due to the fact you are in drug rehab (voluntary) or will I be considered contempt of court?
Anthony M. Avery
Anthony M. Avery answered on Oct 4, 2021

That will be a failure to appear. Get your lawyer to ask for a continuance on those grounds. Do something besides getting a mittimus or capias issued.

2 Answers | Asked in Criminal Law for Tennessee on
Q: I was pulled over by Brentwood tn police in nashville for my tint being to dark. Is that a good circumstance ...
Anthony M. Avery
Anthony M. Avery answered on Sep 27, 2021

I do not know what a good circumstance is. But Tinted Glass can be a Rule of the Road violation, and is thus a legitimate reason for a stop.

View More Answers

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
Cayley Turrin answered on Sep 27, 2021

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

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Does accepting pretrial diversion preclude me from suing police in civil rights case

I was arrested for first time in my 61 yrs for assault of police, resisting arrest, and disorderly conduct. I had called 911 after being the victim of road rage and simply ask police to put on their masks due to COVID. I was injured in arrest and refused medical care. That evening after released... Read more »

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

From your facts I do not see a §1983 cause of action. But Diversion is usually the best disposition. Prior to the plea you will want to talk to an experienced attorney who knows how to file a Government Tort Liability Action. Again I would not file the suit as it is not a perfect... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: does the state have to have the gun for it to be a possession?
Anthony M. Avery
Anthony M. Avery answered on Sep 21, 2021

Do you have a question, as the State possesses many thousands of firearms.

1 Answer | Asked in Criminal Law and Family Law for Tennessee on
Q: Is the charge of aggravated child abuse to a child 9-17. Expungable in the state of Tenn?
Anthony M. Avery
Anthony M. Avery answered on Sep 20, 2021

A Dismissable could be expunged. Conviction is permanent and no expungement.

2 Answers | Asked in Criminal Law for Tennessee on
Q: i am charged with possesion of marajuana with intent to resell and possesion of methampedamine withing 500ftof a school

first offense only about 3.5lbs of marajuana and 7.5 grams of meth..what am i facing

Anthony M. Avery
Anthony M. Avery answered on Sep 20, 2021

Probably 8 to 12 years. Maybe more.

View More Answers

1 Answer | Asked in Consumer Law, Criminal Law and Personal Injury for Tennessee on
Q: herlp with idenity theft personal freedom violations forgery fraud illigeal financial transactions theft cryptocurtency

im west tn it is ongoing and expanding to point cell numbers emails stolen every sigle aspect my life affected hidden cam ease dropping- extensive.. point i am complete prisioner who would i contact to help stop and convict these individuals thanku respectfully jg MD

Tim Akpinar
Tim Akpinar answered on Sep 15, 2021

A Tennessee attorney could advise best, but your question remains open for two weeks. You could reach out to attorneys who handle identity theft matters. It could also be worth considering reaching out to financial institutions who handle your banking and credit cards to find out if the identity... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Should the indictment read theft of property over 1000 instead of simply theft of 1000 .
Anthony M. Avery
Anthony M. Avery answered on Sep 13, 2021

Probably... But that is the State's Burden of Proof, and is simple to meet as the victim can testify to the value of property stolen.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How can a person be charged with second degree murder and voluntary manslaughter?
Anthony M. Avery
Anthony M. Avery answered on Sep 13, 2021

Those two homicide charges can be very factually related, and are often different Counts of the same Indictment. Second Degree appears more intentional without provocation.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What is a judge's ability in the State of Tennessee to expunge or otherwise modify a conviction of Class C robbery?

Conviction was under 39-13-401. Defendant will have completed 6 years probation on October 12, 2021.

Anthony M. Avery
Anthony M. Avery answered on Sep 10, 2021

You might modify the Sentence to Unsupervised Probation. The Conviction is probably permanent outside of a Pardon.

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
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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.