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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Tennessee on
Q: I live in Memphis TN, but my license got suspended in NC. I can’t get my licence now, DMV is closed due to the pandemic

Will i get out the same day or will i be incarcerated for a certain amount of time or pay a fine? If i have to pay fine, approximately how much do they range from?

Shanone Emmack
Shanone Emmack answered on Apr 1, 2020

If you have a citation for driving on suspended then you will need to be booked before your court date.

But, things are different right now with the coronavirus. You should call the jail and ask them what they want you to do. I would also call the clerk's office to get your court date. It...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: what id the process when i appear in court for a misdemeanor citation in lieu of continued custody of an arrested person

i got pulled over for driving while my license was suspended in the state of NC, officer gave me a ticket and i signed. it stated that i had to appear in court for a misdemeanor citation in lieu of continued custody for arrested person

Anthony M. Avery
Anthony M. Avery answered on Mar 31, 2020

Obviously this is a North Carolina matter, so you need a competent North Carolina attorney. You definitely need an attorney today, and someone to drive you to Court. Try to get your License reinstated immediately. Take Insurance, Registration and your TNDL to Court with you.

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Tennessee on
Q: I'm being wrongfully accused I am innocent there is witnesses an proof but the sheriff's won't accept any of it

They say 3 witnesses say I did it but I have 5 witnesses that can say I didn't and the video footage they have from my neighbor showing a vehicle leaving my driveway not being drove by me can show that I left 30 mins to an hour before it did what can I do when they seem determined to arrest me for... Read more »

Cayley Turrin
Cayley Turrin answered on Mar 31, 2020

You should hire an attorney immediately for your case.

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2 Answers | Asked in Criminal Law for Tennessee on
Q: My son has had his license revoked over an assault case. DOT can't find the report, County can't find it. What do we do

The case started as a vehicular assault case and was dropped to simple assault. The occupants of the other vehicle denied be the driver due to their soberity. The car belonged to one occupant's recently deceased mother. No accident report was filed by the officers on the scene. The THP has no... Read more »

Shanone Emmack
Shanone Emmack answered on Mar 29, 2020

This is not uncommon. Revoked licenses are tricky and reinstatements can be very expensive. You can research the specific requirements to reinstate the license on https://dl.safety.tn.gov/_/ . There may not be an accident report because it was charged as an assualt not an accident. If there is a... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Tennessee on
Q: My neighbor has several CCTV pointed at my property and he took footage of me an has police thinking I committed crime

Is it legal for him to do that if he didn't actually see who did the crime but he told police I did it an showed them pics of someone driving a vehicle and said it was me they have a warrant for me now an I'm innocent if they watch his cameras they would see me leaving before these other vehicles... Read more »

Shanone Emmack
Shanone Emmack answered on Mar 29, 2020

It is not illegal if your neighbor thought you committed a crime involving his property. If there is a warrant then you are going to need to call the Sheriff's department and see if they want you to turn yourself in. Because of COVID-19 , people with warrants are being booked then released on a... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: My boyfriend is locked up in Fayette county TN. Revoked drug court. Red date 1/2020. Could lawyer reinstate probation?
Shanone Emmack
Shanone Emmack answered on Mar 26, 2020

Depends on the charges and situation. A lawyer can discuss his case with the district attorney and possibly negotiation reinstatement of probation. Without knowing more information about the case it's hard to give you a definite answer. Maybe you could ask the question again with more detail.

2 Answers | Asked in Criminal Law for Tennessee on
Q: In the state of tn if u overdose can u be charged and violate state probstion?
Shanone Emmack
Shanone Emmack answered on Mar 25, 2020

Depends. If there were illegal drugs around you when you overdosed then you can be charged with simple possession and possibly drug paraphernalia. A new charge will violate your probation. Depending on the drug, there could be mandatory jail time on top of the jail time you might serve for... Read more »

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1 Answer | Asked in Criminal Law for Tennessee on
Q: what law in tennessee states if the passenger of a vehicle is not arrested that the vehicle is to leave with them

me and my boyfriend were pulled over and he was arrested. because the truck did not leave with me when I wasn't arrested all of the evidence that was found was surpressed and the cases were dismissed for failure to presecute. this being said, would anything that the police found at that time be... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 24, 2020

I do not believe there is a Statute or Case Holding as you state. However it appears that the State was not prepared to prosecute your Boyfriend, so the Case was Dismissed. Statute of Limitations can vary from 1 year to several, as it depends upon the Crime alleged. It is odd you are concerned... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: If stopped for following too close and drugs are found and you dont get citation for the offense you were stopped for

Does that make it an illegal search

Shanone Emmack
Shanone Emmack answered on Mar 24, 2020

If you were following too closely then the police had a right to stop you for a traffic violation.

Once stopped , the police needed a reason to search your car. If the police saw drugs in plain sight, smelled possible marijuana, you consented to a search of the car , (along with a couple...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: If stopped for following too close and drugs are found and you dont get citation for the offense you were stopped for

Does that make it an illegal search

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

It helps to support a Motion To Suppress for an illegal stop. But issuing the Citation then is not absolutely dispositive. Suppression Motions are difficult. If the Defendant is still at Sessions, then his lawyer needs to get ready for a thorough Preliminary Hearing.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If pulled over for following too close and then drugs are found in vehicle and no citation was given for the offense you

Were stopped for does that make it an illegal search

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Mar 19, 2020

THE STANDARD FOR A SEARCH IS PROBABLE CAUSE, WHICH IS A LOW STANDARD. IT COULD BE THAT THEY SMELLED SOMETHING OR SAW SOMETHING.

YOU CAN FIGHT IT; HOWEVER, IT IS A TOUGH BATTLE.

2 Answers | Asked in Consumer Law, Criminal Law, Business Law and Civil Rights for Tennessee on
Q: What is the most interest that can be charged for a pawn ( loan ) Tn ? Are finger prints required ? Nashville

I think that I am seriously being taken advantage of .I'm being charged thousands of dollars for a loan I have.

Mr. James Charles Wright
Mr. James Charles Wright answered on Mar 18, 2020

I believe a pawn shop can charge 2% per month.

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2 Answers | Asked in Consumer Law, Criminal Law, Business Law and Civil Rights for Tennessee on
Q: What is the most interest that can be charged for a pawn ( loan ) Tn ? Are finger prints required ? Nashville

I think that I am seriously being taken advantage of .I'm being charged thousands of dollars for a loan I have.

Mr. James Charles Wright
Mr. James Charles Wright answered on Mar 18, 2020

I believe a pawn shop can charge 2% per month.

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1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Tennessee on
Q: can The state legally request more documents

I filled for a concealed carry permit through the state of TN. After my background check was conducted they found that I was convicted of criminal damages to property- misdemeanor when I was 17, this was 14 years ago. The state has now asked for certified court documents on the case. However the... Read more »

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

You will have to provide the State the requested documents. The Department of Safety issues the HCP, and if they do not want to, they don't. If denied, you can file a declaratory action in General Sessions Court very soon after the denial. Denial of a HCP does not mean you necessarily have a... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: How much jail time can you get for attempting to bribe a police officer in the state of Tennessee?
Cayley Turrin
Cayley Turrin answered on Mar 14, 2020

Depends on a variety of factors. I highly suggest having an attorney by your side to give you more detailed information.

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: If found in your possession of 28 grams of crack cocaine and also a pipe what can they charge for

What can they charge with

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

Possession With Intent To Distribute Schedule II Controlled Substance (Cocaine) Class B Felony

Eight to Thirty Years The pipe is a Misdemeanor, Drug Paraphernalia

2 Answers | Asked in Criminal Law and Juvenile Law for Tennessee on
Q: 15 yes old being accused of theft but no prove? And now cop wants to charge him for pictures of girls on phone?
Anthony M. Avery
Anthony M. Avery answered on Mar 11, 2020

He needs to quit talking to the LEO's and hire an attorney today.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: I got 2months on a 2yr sentence at 30percent. How long will it be before I probation out.
Shanone Emmack
Shanone Emmack answered on Mar 9, 2020

You will serve 30% of 2 months ( 60 days) before you will get work credit (two days credit for every one day served, if you qualify). The sheriff at the jail is the official calculator of your "out date" . You should receive that out date within the first week of being in jail. . It will... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: In general sessions court out on bond for same charges that where indicted and had to bond out on same charges that I'm

Still out on bond for in general sessions judge never signed to be dismissed in gs court so I'm in both and the cop that arrested me originally took it upon himself to get charges indicted now noone know exactly what to do.what do I do

Cayley Turrin
Cayley Turrin answered on Mar 4, 2020

Hire an attorney ASAP!

1 Answer | Asked in Criminal Law for Tennessee on
Q: I got into a fight with my aunt. Self defense she hit me first and I was 100% defending myself.

I have never had any priors, never been into trouble before. She called and I served 12 hours and got bonded out. I have went to now 4 court dates. It bound over to the grand jury and I'm guessing they sent it back to the court. I have another court date Mar 4. I have a CAL and he has been on my... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 3, 2020

Hire a competent attorney now, no PD's. Do not plead guilty to Domestic Violence under any circumstances, unless there is Diversion. You apparently have already messed up by not conducting a thorough Preliminary Hearing. With the Indictment, you have very little time and opportunity to prepare... Read more »

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