Tennessee Criminal Law Questions & Answers
Q: I need help loming for a case in tennessee i need to find the court date
1 Answer
| Asked
in
Criminal Law and Appeals / Appellate Law
for
Tennessee
on
Answered on Apr 23, 2019
Answered on Apr 23, 2019
Anthony Marvin Avery's answer
Not sure of your question. But start by figuring out what County or Federal District the Defendant is before. Then hire a competent attorney in that County/District to at least look into the matter, and possibly represent her.
Not sure of your question. But start by figuring out what County or Federal District the Defendant is before. Then hire a competent attorney in that County/District to at least look into the matter, and possibly represent her.
Q: Is it legal to search someone walking alongside the road having commited any apparent crime
Mr. Kent Thomas Jones Esq.'s answer
Generally speaking, a police office has to have probable cause to search and arrest you. This is a low standard. However, if you appeared to be on drugs, then it may have been public inoxication. I would suggest that you obtain a crimainal defense attorney as soon as possible.
Generally speaking, a police office has to have probable cause to search and arrest you. This is a low standard. However, if you appeared to be on drugs, then it may have been public inoxication. I would suggest that you obtain a crimainal defense attorney as soon as possible.
Q: I am confused on excessive force and unlawful search and seizure how does it constitute response to resistance only?
1 Answer
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in
Civil Rights, Constitutional Law, Criminal Law and Federal Crimes
for
Tennessee
on
Answered on Apr 15, 2019
Answered on Apr 15, 2019
Anthony Marvin Avery's answer
You may have a Government Tort Liability Action against the City/County and the Law Enforcement Agency. Contact a competent attorney to file suit, which is not a Jury Trial. However you may not have enough damages nor evidence. You have less than 1 year to build your Case and find an attorney.
You may have a Government Tort Liability Action against the City/County and the Law Enforcement Agency. Contact a competent attorney to file suit, which is not a Jury Trial. However you may not have enough damages nor evidence. You have less than 1 year to build your Case and find an attorney.
Q: Does a 30 suspended jail sentence stay in your permanent record?
Mr. Kent Thomas Jones Esq.'s answer
You can't make a determination simply on those facts. If it is pre-trial diversion, because the individual didn't have a prior record, then they probably have the capability to apply to have it expunged at the end which would take it off the record. If it was not a pre-trial diversion situation, i.e., there have been prior convictions, then it is possible that it could go down on the record forever if it was a conviction or plea of guilty. You really need to consult with an individual...
You can't make a determination simply on those facts. If it is pre-trial diversion, because the individual didn't have a prior record, then they probably have the capability to apply to have it expunged at the end which would take it off the record. If it was not a pre-trial diversion situation, i.e., there have been prior convictions, then it is possible that it could go down on the record forever if it was a conviction or plea of guilty. You really need to consult with an individual...
Q: What to do abut my husbanD assault me an one of our children and the judge gives him temporary custody
1 Answer
| Asked
in
Child Custody, Criminal Law and Divorce
for
Tennessee
on
Answered on Apr 13, 2019
Answered on Apr 13, 2019
Mr. Kent Thomas Jones Esq.'s answer
At this point in time, your case is far more factual than legal. On this question and answer forum, we attempt to help individuals by providing simple explanations about the law. Your issue needs the attention of local counsel, who can ask you the appropriate questions to communicate with the judges and other officials involved to resolve the crisis in your favor. You have a constitutional right to counsel. If you cannot afford an attorney, one can be appointed for you.
At this point in time, your case is far more factual than legal. On this question and answer forum, we attempt to help individuals by providing simple explanations about the law. Your issue needs the attention of local counsel, who can ask you the appropriate questions to communicate with the judges and other officials involved to resolve the crisis in your favor. You have a constitutional right to counsel. If you cannot afford an attorney, one can be appointed for you.
Q: If I had a court date an wasn't able to make it cause I was in the hospital but the court was notified in time
Anthony Marvin Avery's answer
Even if you die, missing Court is not okay, and that is the way it is. Hire a competent attorney to set aside the probable Default Judgment, and set it for a firm Trial Date. Your time is very limited, so do it Monday. Get prepared for Court and actually try your Case, with no excuses.
Even if you die, missing Court is not okay, and that is the way it is. Hire a competent attorney to set aside the probable Default Judgment, and set it for a firm Trial Date. Your time is very limited, so do it Monday. Get prepared for Court and actually try your Case, with no excuses.
Q: Can your arresting officer contact your employer and inform them of your arrest and reason for arrest?
1 Answer
| Asked
in
Employment Law, Personal Injury, Criminal Law and Traffic Tickets
for
Tennessee
on
Answered on Apr 12, 2019
Answered on Apr 12, 2019
Anthony Marvin Avery's answer
Yes, most certainly. If the Officer lies then slander may occur on possibly a personal level, as well as by the Department.
Yes, most certainly. If the Officer lies then slander may occur on possibly a personal level, as well as by the Department.
Q: Does drug free zones have to have a sign posted stating that it's a drug free zone? Or how does a person suppose to know
Cayley Turrin's answer
Well one way to know is to not sell drugs but if you are going to then make sure that you are not within 1000 ft near a daycare, school or childcare facility. No signs need to be posted.
Well one way to know is to not sell drugs but if you are going to then make sure that you are not within 1000 ft near a daycare, school or childcare facility. No signs need to be posted.
Q: Does defendant qualify for immunity under TN 63-1-156?
Anthony Marvin Avery's answer
That medical care defense to a charge might work, and is definitely something that should be used at a Preliminary Hearing. If no Hearing was held and only Bound Over, then he missed his opportunity to raise the Defense. But it can be used again after Indictment, but possibly only at Trial. Habeas Corpus might get it going, but I doubt it will be a successful Constitutional challenge. Hire a competent attorney immediately.
That medical care defense to a charge might work, and is definitely something that should be used at a Preliminary Hearing. If no Hearing was held and only Bound Over, then he missed his opportunity to raise the Defense. But it can be used again after Indictment, but possibly only at Trial. Habeas Corpus might get it going, but I doubt it will be a successful Constitutional challenge. Hire a competent attorney immediately.
Q: Under government issued ID does that include ID drivers license issued by other countries or does that mean US issued
Anthony Marvin Avery's answer
Not sure of your question but the requirement for United States Citizens will be that they have a Identification Card issued by their State of Residence.
Not sure of your question but the requirement for United States Citizens will be that they have a Identification Card issued by their State of Residence.
Q: Can my husband be sent back to prison for a technical violation while on parole for a long period of time?
Mr. Kent Thomas Jones Esq.'s answer
There is simply not enough information to answer this question clearly. If he was called in, there was a reason. I can certainly tell you from experience that the courts and district attorneys do not like it when people do not report. Ultimately, if he keeps proceeding down that path, he could end up with more jail time that could even be close to the sentencing for the original crime. If he cannot determine why they want him back, he needs to consult with a local criminal defense attorney.
There is simply not enough information to answer this question clearly. If he was called in, there was a reason. I can certainly tell you from experience that the courts and district attorneys do not like it when people do not report. Ultimately, if he keeps proceeding down that path, he could end up with more jail time that could even be close to the sentencing for the original crime. If he cannot determine why they want him back, he needs to consult with a local criminal defense attorney.
Q: If a defendant is charged with 1st degree murder initially is it true that the prosecution can only offer a plea deal of
Mr. Kent Thomas Jones Esq.'s answer
The answer to your question has many dimensions. There are minimums and maximums that any District Attorney must abide by. That being said, the nature of a plea offer is going to vary from jurisdiction to jurisdiction. When you are talking about 1st or 2nd degree murder and serious about it, a clean record outside of a DUI is really not going to mean that much. I would suggest that you seek assistance of educated local criminal defense counsel as soon as you can.
The answer to your question has many dimensions. There are minimums and maximums that any District Attorney must abide by. That being said, the nature of a plea offer is going to vary from jurisdiction to jurisdiction. When you are talking about 1st or 2nd degree murder and serious about it, a clean record outside of a DUI is really not going to mean that much. I would suggest that you seek assistance of educated local criminal defense counsel as soon as you can.
Q: Can a police officer legally look inside your vehicle if not engaged in an active traffic stop with no probable cause?
2 Answers
| Asked
in
Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets
for
Tennessee
on
Answered on Apr 3, 2019
Answered on Apr 3, 2019
Q: Does drug free zones have to be posted in tennessee?
Anthony Marvin Avery's answer
I am not sure of your question. But a serious enhancement factor of one class is added to Drug Felonies if a Defendant is transferring drugs within 1000 feet of a school, park, day care, etc. The Statute does not require signs all around the protected area, but usually there is some kind of sign in front of the building.
I am not sure of your question. But a serious enhancement factor of one class is added to Drug Felonies if a Defendant is transferring drugs within 1000 feet of a school, park, day care, etc. The Statute does not require signs all around the protected area, but usually there is some kind of sign in front of the building.
Q: I want to know about suspended sentence
Mr. Kent Thomas Jones Esq.'s answer
If he was convicted or plead, then he had 10 days to appeal. Generally, I would say no; however, criminal law differs from jurisdiction to jurisdiction, so your best bet is to consult with a local criminal defense attorney in that area to see if anything can be done.
If he was convicted or plead, then he had 10 days to appeal. Generally, I would say no; however, criminal law differs from jurisdiction to jurisdiction, so your best bet is to consult with a local criminal defense attorney in that area to see if anything can be done.
Q: If while incarcerated I catch my 2nd violation of bond conditions in TN what am I facing in sentencing?
Mr. Kent Thomas Jones Esq.'s answer
I don't think that I will be the first person to tell you that courts don't like this. Skipping out on bond and Violation of Probation really puts you in a bad place. In a VOP situation, a sentence will be based loosely on your original charge and conviction, even if you completely served all of your jail time for it. I would consult with a local criminal defense attorney.
I don't think that I will be the first person to tell you that courts don't like this. Skipping out on bond and Violation of Probation really puts you in a bad place. In a VOP situation, a sentence will be based loosely on your original charge and conviction, even if you completely served all of your jail time for it. I would consult with a local criminal defense attorney.
Q: PLEASE HELP AND PLEASE READ. Is there a way to find out who called dcs on me?
1 Answer
| Asked
in
Criminal Law, Civil Litigation and Libel & Slander
for
Tennessee
on
Answered on Mar 30, 2019
Answered on Mar 30, 2019
Q: Can the DA sucessfully fulfill a petition to revoke a bond because of someone potentially being a career offender?
Anthony Marvin Avery's answer
Not sure of your question. If there are no other potential risks except that the Defendant might be later convicted as a Career Criminal, then most likely a Court will not revoke a Bond it already set. What is very possible is an increase in the Bond amount. It sounds like new charges are being prosecuted after the Defendant has made Bail on the original charged offenses. The Defendant needs to be very careful to observe all Bond Conditions, and his lawyer should respond in writing if a...
Not sure of your question. If there are no other potential risks except that the Defendant might be later convicted as a Career Criminal, then most likely a Court will not revoke a Bond it already set. What is very possible is an increase in the Bond amount. It sounds like new charges are being prosecuted after the Defendant has made Bail on the original charged offenses. The Defendant needs to be very careful to observe all Bond Conditions, and his lawyer should respond in writing if a...
Q: What is the punishment for theft in TN if the amount stolen is unknown?
Mr. Kent Thomas Jones Esq.'s answer
Like most other crimes, theft is graded in the State of Tennessee, according to amount. I would think that ultimately a determination is going to have to be made as to how much was stolen.
Like most other crimes, theft is graded in the State of Tennessee, according to amount. I would think that ultimately a determination is going to have to be made as to how much was stolen.
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