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Tennessee Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Tennessee on
Q: Because of coronavirus is it a favorable time for some one to turn them self in over a probation violation ?
Shanone Emmack
Shanone Emmack answered on Nov 21, 2020

Yes you should turn yourself in but , before you do, call and find out what your bond is or if you will be released on your own recognizance (ROR). That way you can plan ahead and get in and out relatively quickly. Good Luck!

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1 Answer | Asked in Criminal Law for Tennessee on
Q: I am on probation in Tennessee for a class e felony. The charge was a theft over $500. It's now a misdemeanor, but at

The time I committed the crime it was a felony. I got 4 years. I violated for my 4th time. All my violations are technical. The last one was for failing a drug screen. I fled to California and admitted myself in rehab. Which I completed the 6 month program. Is it likely that they will extradite me... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 19, 2020

Yes and those probation violations are not technical. At this rate you will wind up serving a fair amount of your sentence. You might be better off hiring a competent attorney and turning yourself in to Court if there is an outstanding probation violation. Bring your rehabilitation letter.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How could you be charged with intent to sell and delivery in a park zone, if the park isn't a park?

Which is Chilhowee park

Anthony M. Avery
Anthony M. Avery answered on Nov 17, 2020

That qualifies for the felony enhancement, and you only need to be within 1000 feet of the park. Hire a competent attorney immediately. Stop being around anything illegal.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If someone is driving my car and I'm the passenger and the police find drugs and a firearm in the car who's charged

I was the passenger but it was my car,we both said they we're not ours

Cayley Turrin
Cayley Turrin answered on Nov 16, 2020

Probably both of you. If no one says it is theirs then the cops have no choice but to charge both.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Who do I contact when my husband's public defender withdrew from his case and his new attorney won't return phone calls?

My husband has been in jail for 5 months and the court will not set him a bond on 2 possession charges. His public defender withdrew from his case and his new appointed attorney won't return my phone calls. He has not been in a court room, talked to a judge, attorney, or the DA since June. As... Read more »

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

You probably need to hire a competent attorney to represent your Husband. It may be a very bad Case, but at this stage the Defendant should know what is going on. Pretrial Motions are probably needed now if ever, and Trial preparation may need to commence. A Plea Agreement may be possible... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Does any information you have that proves you are innocent have to be given to a defense attorney?

Or if you turn yourself in does it get shared with whomever is defending you?

Anthony M. Avery
Anthony M. Avery answered on Nov 13, 2020

Not sure of your question. If you are charged with a crime and have an attorney, then disclose your evidence of your lack of guilt to him forthwith. Hopefully the evidence will be shared with the Court in a Motion or a Trial. Tell the attorney that the evidence is sensitive, if such. And... Read more »

2 Answers | Asked in Criminal Law for Tennessee on
Q: Are Miranda rights still a requirement when being arrested for a felony

And is there a reasonable time w

In which the official must tell you what your being charged with

Bennett James Wills
Bennett James Wills answered on Nov 12, 2020

Law enforcement is only required to read the Miranda rights when you are in custody and being interrogated.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: My truck was impounded by police can I get it back? Why would I not get it back?

This is in carter county tn

Anthony M. Avery
Anthony M. Avery answered on Nov 2, 2020

If there is a civil forfeiture action, you can post a cash bond and make a written demand for a DOS Hearing for its return. But you will have to act quickly and perfectly.

1 Answer | Asked in Criminal Law for Tennessee on
Q: So I dialed 911 multiple times so that put misuse of 911 system and harassment. First offense ever. What am I facing

This is my first time ever getting in trouble. I am not in Kentucky. I’m located in Springfield, TN. It wouldn’t let me change my location

Anthony M. Avery
Anthony M. Avery answered on Nov 2, 2020

Hire a competent attorney to get you Diverted, Dismissed and Expunged. A Conviction will hurt you for the rest of your life.

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: Is introduction of contraband into a penal facility class c felony able to be expunged in Tennessee?

Only conviction ever if able to do so I’m willing and able to hire legal representation to help me expunge this.

Under 1lb marijuana, conviction 10 years old

Served like 5-7months jail/not prison time, 3 years probation

This charge is affecting my ability to support my... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 29, 2020

Only some Class E Felony Convictions are subject to Expungement in Tennessee. Very Sorry... I am afraid that your lawyer should have told you this. You may wish to apply for a Pardon from the Governor.

2 Answers | Asked in Criminal Law, Family Law and Child Custody for Tennessee on
Q: Are there any documents can grant me permission to make legal decisions on my daughter's behalf?

My daughter has been incarcerated for a while and my 15 year old grandson has been in foster care since February 2020. I am a senior citizen and would like for him to come live with me. We have a court appointed attorney who is no help and refuses to share information! This man does not care how... Read more »

Bennett James Wills
Bennett James Wills answered on Oct 23, 2020

You would be wise to hire your own attorney to guide you through the custody process. There's no one document that a minor could sign to give you what you seek. Find an attorney--this is a good website to use.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: I have a friend im trying to help who violated parole. She failed a drug screen. Now there is a warrant against her.

She is bi polar and shud never have stood trial and any lawyer who spent 5 mins with her wud have known that. Shud she go straight to rehab, call the DA, her PO, or what? Calling her PO hasn't helped with any of this. She and I need help and cannot afford legal defense.

Shanone Emmack
Shanone Emmack answered on Oct 22, 2020

If there is a warrant she needs to go ahead and turn herself in. She can call and find out how much her bond is and arrange to be bailed out immediately. Hopefully a bonding company will help her. Getting into a rehab facility is a smart idea to help minimize jail time and get her some help.... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: How can you get clarification of charges?

I recently moved from one state to another, when I applied for my nursing license an old charge of battery came up. The board is comparing the battery charge with battery in the first degree, I scratched and pushed my spouse, none of which even required first aid. I thought the charges were reduced... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 21, 2020

Those are obviously not Tennessee Charges. You will have to deal with them in the Illinois Court from where they issued. You might find an attorney here on Justia. Hopefully they were dismissed and you can expunge your record. Otherwise you will have to deal with the TN Nursing Board. A... Read more »

1 Answer | Asked in Libel & Slander, Criminal Law, Civil Rights and Communications Law for Tennessee on
Q: Can anything be done to a person who has constantly sent me threatening messages through different apps?

I've been sent threatening messages from the same person through different accounts and they have made fake accounts just to be able to send these messages to me. Does it still count towards harassment even though it's fake accounts and names?

Paul E. Tennison
Paul E. Tennison answered on Oct 20, 2020

Yes, you may want to consider seeking an Order of Protection against this person. You could also consider calling the non-emergency police line and reporting the harassment. Sometimes a cease and desist letter from an attorney is successful in getting someone to stop messaging. If these options... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: I need mug shot of john Dell carr he murdered my aunt in 1990 shirley sturgill and I believe my mom's other kid is carr

My mom has passed away for 15 years and took the truth to her grave

Bennett James Wills
Bennett James Wills answered on Oct 19, 2020

If that person was arrested and booked and you think a mugshot may exist - contact the arresting authority - sheriff, jail, local police, whatever. They may be able to provide you with one. Otherwise, you may need to file a public information request with that same authority for a release of... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: A girl assaulted my girlfriend first and I hit her and her eye became swollen and she went to the hospital.

What charge am I facing?

Bennett James Wills
Bennett James Wills answered on Oct 14, 2020

More facts would be needed to make that determination. But probably assault at the very least. If you have been charged with a crime, you should hire a defense attorney asap or contact the local public defender.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How much time does introduction into penal facility carry?

I was arrested for driving and while booking in less than a half gram of meth fell out my sock. How much time does that carry?

Cayley Turrin
Cayley Turrin answered on Oct 13, 2020

It is a C Felony and so the actual time would be determined by a number of factors.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How do I get hold lifted off husband in carroll co. so he can get to rehab and finish gibson county or least courtdate

He is supposed to leave end of month for rehab so need the hold lifted him a courtdate or a furlough saying he can go to rehab and not have to sit there and do more time already been there a year and just now come up with a hold on him from a warrant in 2015

Cayley Turrin
Cayley Turrin answered on Oct 13, 2020

He needs to be transported to that county for the warrant to be served and then the hold will be lifted and he can go on a furlough.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Hello, I’m a 30 yr old man dating an eighteen year old woman. We met when I was 29 and her 17. We did make out when she

Was still 17 but did not have sex until she was 18. Have i commited a crime and what are the penalties. Thank you

Anthony M. Avery
Anthony M. Avery answered on Oct 12, 2020

The Statute of Limitations for Statutory Rape and other Sexual Batteries has not run out yet. So be careful what you do and say to others.

1 Answer | Asked in Criminal Law for Tennessee on
Q: No harm to child was getting a ride from someone with a lab and gun in car that they were unaware pled guilty can we fix
Anthony M. Avery
Anthony M. Avery answered on Oct 8, 2020

You have not stated enough facts to give any advice. If there is a conviction within a short period, you may be able to set aside the conviction or even appeal (doubtful). Contact a competent attorney today.

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