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Tennessee Criminal Law Questions & Answers
3 Answers | Asked in Criminal Law and Legal Malpractice for Tennessee on
Q: Can't receive discovery documents after guilty plea in TN case.

I was charged and pled guilty to a criminal case in Tennessee in August 2020. Since then, I have tried to obtain my discovery documents. Despite contacting my lawyer multiple times, I have not received any paperwork, and the state hasn't provided anything either. What can I do to obtain my... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on May 14, 2025

With respect to your attorney, your file is your property, and you should be able to receive it from him/her upon request. If you are having trouble obtaining your file, you can contact the Tennessee Board of Professional Responsibility.

As far as receiving your file materials from the...
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1 Answer | Asked in Criminal Law, Employment Law and Gov & Administrative Law for Tennessee on
Q: Does a s** offender in Tennessee need permission to leave the state or inform Virginia before entering for work?

I want to know if a s** offender in Tennessee on active parole requires permission to leave the state. Additionally, does the offender have to use his legal name when advertising his business, which involves custom-built computers, laptops, upgrades, and gaming PCs? There is no indication in the... View More

Anthony M. Avery
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answered on May 12, 2025

Sex offender needs to talk to his attorney and read his Judgment of Conviction. There will be several requirements and the Tennessee Statutes include many others. Violation means imprisonment. Do not act without doing this or you will be violated and serve a good portion of your Sentence... View More

2 Answers | Asked in Criminal Law, Car Accidents and Personal Injury for Tennessee on
Q: Can I pursue charges for a hit and run in Tennessee without filing an insurance claim?

My vehicle was involved in a hit and run with no injuries and minor damages. We reported the incident to the police, and there is an eyewitness who can identify the other driver. We do not wish to file a claim with our insurance because we are concerned that our rates would increase. Can we pursue... View More

Anthony M. Avery
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answered on May 7, 2025

You do not have to make a claim on your policy. But expect any future claim on the incident to be denied or even the policy cancelled. Later on your insurance will find out about the incident due to any reports given to the DOS, so a rate increase is very possible. Apparently LEOs are not... View More

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2 Answers | Asked in Consumer Law and Criminal Law for Tennessee on
Q: Steps to prosecute someone who scammed me in Tennessee.

I believe I have been scammed by an individual who claimed to be handling a "high court" case for me. I paid him $2,000-$3,000, and he promised that the court ordered the reps to pay me $6,500, which has not happened. He now claims the money was sent via JPay, but I have not received it.... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Apr 26, 2025

I would think that your biggest problem will be finding him. You have some options. You can file a report of theft with the local police department. You can file a civil action. You can go to regulatory agencies. A civil action will cost you a filing fee. In any of the situations, you are... View More

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2 Answers | Asked in Criminal Law for Tennessee on
Q: Charged with aggravated assault after disagreement with fiancé's mother.

My fiancé and I got into a verbal disagreement. Her mother threatened me with a gun and pulled a knife. I grabbed a knife, scraped them together, and threw them down. Now I’m charged with two counts of aggravated assault, despite not threatening or advancing. There were no witnesses, just us... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Apr 17, 2025

Yes. Regardless of what you did with the knives, they will be considered a deadly weapon. There is nothing that can stop the State from charging you with asault. The lack of witnesses can work both ways. Essentially, it is a "he said, she said" situation.

I think that your...
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2 Answers | Asked in Criminal Law, Civil Rights and Legal Malpractice for Tennessee on
Q: Inquiry about indictment for sale/delivery of drugs, school zone charges, ineffective counsel, and financial assistance for legal fees in TN.

I have been indicted for the sale and delivery of a Schedule II substance and two school zone charges, though I believe I am innocent. An informant entered my home without a warrant and recorded me without my knowledge, during which drugs were sold by someone else. Despite the dealer admitting in a... View More

Anthony M. Avery
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answered on Mar 28, 2025

You need to hire an attorney now. Keep calling criminal lawyers until you can find one that will accept your payment plan. In the meantime work at least one job or more. Get a new phone number, avoid the persons you have been dealing with and stay out of trouble. That will be a case for a... View More

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3 Answers | Asked in Criminal Law for Tennessee on
Q: Can an address violate TCA Section 39-17-417?

How can a physical address be mentioned as being in possession of or violating laws related to controlled substances, according to TCA Section 39-17-417, when referring to a warrant?

Carla Grebert
Carla Grebert
answered on Mar 22, 2025

It is likely that the address is included to establish jurisdiction.

For a case to be brought within a certain county, the offense must have occurred within the county. Jurisdiction is one of the things that the state has to prove in the case against you. So, the address would show that...
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2 Answers | Asked in Criminal Law for Tennessee on
Q: In Tennessee, how long can a store press theft charges under $500?

In Tennessee, how long can a store go back and press charges for theft if the charge is under $500? On April 22, I was arrested for an incident at Walmart involving items that were mis-scanned, totaling $242. This charge occurred before a previous charge for which I was not arrested but received a... View More

Anthony M. Avery
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answered on Mar 20, 2025

Misdemeanors must be initiated within 1 year of the incident. Getting a Citation is irrelevant, you are still charged the same but do not go to jail immediately. I recommend that you do not self scan anymore, so go to cash register. Hire a competent attorney to represent you now. Try to get... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Was my roadside stop in Tennessee legally handled considering the charges and behavior?

On November 16, 2023, I was pulled over in McMinnville, Warren County, Tennessee, allegedly because a 911 call claimed my white vehicle was running people off the road. However, the arrest warrant stated the reason was officers allegedly witnessing me cross the double yellow line. During the stop,... View More

Anthony M. Avery
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answered on Mar 18, 2025

It does not sound like an illegal stop. However you will need to hire a competent attorney to file a motion to suppress evidence due to potential illegality of the stop, detention, arrest and search. I would guess they were careful with you. Get a new phone and number, and work without... View More

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Statute of limitations for unaware shoplifting citation in TN

I recently found out that I was issued a citation for shoplifting in Tennessee that supposedly occurred in March 2024. I only became aware of the citation today and have not had any contact with law enforcement or received any communication about it since I don't live in Tennessee. Is there a... View More

Anthony M. Avery
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answered on Mar 4, 2025

That is probably a misdemeanor citation for theft of property, but could be something else. Since the Citation was issued initiating the prosecution for a crime, it is timely unless not issued until March 1 or 2, 2025. Hire a TN attorney to turn you in off the docket, get it diverted and make... View More

2 Answers | Asked in Appeals / Appellate Law, Constitutional Law, Criminal Law and Immigration Law for Tennessee on
Q: Can I appeal my criminal case for wrong last name on arrest warrant and ineffective counsel?

I was arrested and had my home searched under an arrest warrant that used my family's last name, which is different from my legal last name. My lawyer did not inform the court about this discrepancy and suggested I take a plea deal, which I accepted. Due to this, I received a shorter sentence,... View More

Anthony M. Avery
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answered on Feb 27, 2025

If you pled guilty it is almost impossible to set aside the conviction. Even if you did, you would have your indictment amended while you were in jail, then tried again for the charge. You can hire a lawyer to file a postconviction petition, but you will probably be deported before the... View More

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2 Answers | Asked in Criminal Law and Constitutional Law for Tennessee on
Q: Is it legal for law enforcement to use a CI for drug deals in a home with children?

Is it legal for law enforcement to send a confidential informant into someone's home to set up a drug transaction when children are present, especially when the children let the CI into the home, the parents did not consent to the CI's entry, and the resident of the home was unaware of... View More

Anthony M. Avery
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answered on Feb 21, 2025

If the confidential informant for the government admits on the stand that he participated in a drug deal, then he has admitted that he has committed a crime. Many times DAs ignore the crime here committed, but cross examination of LEOs can disclose a question why the defendant is charged but not... View More

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1 Answer | Asked in Criminal Law for Tennessee on
Q: In TN, am I liable for shoplifting charge from 2023 without prior filing?

I was accused of shoplifting from a Walmart in Tennessee in October 2023 with charges never filed at the time as police were present and banned me from the store on the same day. On a recent day, a sheriff attempted to serve me with a class A misdemeanor ticket, claiming it involved $25 worth of... View More

Anthony M. Avery
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answered on Feb 21, 2025

It is possible the SOL is busted. But you will need a TN attorney represent you, bring you in off the Docket, and set a hearing . Even if no motion to dismiss, you will need to get charge diverted, dismissed and expunged, with possible restitution.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I've been on probation for half my sentence and paid the fines. Will I get dismissed when I go back to court next month?

I'm on it for two assault charges and I've only had a civil no contact since I got on probation. Also wondering if I'll be drug tested since I just got moved to unsupervised probation?

Anthony M. Avery
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answered on Feb 11, 2025

If you pled guilty to crimes then those are permanent convictions. If you got Diversion, then completion of the suspended sentence, costs, restitution, etc. should get them dismissed where you could expunge your record. Read your Warrant Disposition/Judgment of Conviction verbatim, or better,... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a judgment be changed w/o defendant notified for Probation violation that has not been to court?

My son was given a 30 day sentence, w/work release (he paid for) and probation on a Friday and to report to PO the following Monday. That Saturday he was arrested w/unrelated charges and the court date was set a month later. He went to that court date which was rescheduled for another month so... View More

Anthony M. Avery
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answered on Jan 24, 2025

His Sentence would probably have been 11 mo/ 29 days, with 30 days to serve on work release. But new charges violated the probation. Nothing unusual here, just that he is involved in many crimes and they are starting to prosecute him. More charges may follow. I doubt work release will ever be... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: Criminal Law. So there is 12 ppl on a federal indictment and every one except one person is taking a plea but one person

Who has the most charges on the indictment, trafficking cocaine, meth and other illegal drugs plus money laundering is going in front of the jury is that the best thing to do?

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answered on Jan 23, 2025

Noone can know what is the best voluntary disposition without being his lawyer and investigating his Case. Defendant and his lawyer need to investigate the disclosed facts, examine witnesses and prepare for trial. The lawyer should also examine the possible federal Sentences involved. Then... View More

2 Answers | Asked in Criminal Law for Tennessee on
Q: I failed a drug screen on mistamenor probation what will happened to me when I go to court

It would be my 1st violation

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Dec 10, 2024

Younever exactly know what will happen when you go to criminal court. Usually, it depends on the jurisdiction.

If this is truly your first criminal offense, then you can ask for diversion, which allows you to have your record expunged if you don't get in trouble for a year....
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1 Answer | Asked in Criminal Law, Estate Planning and Probate for Tennessee on
Q: I live in TN. Sister kept my portion of 1 quarter of my stiil living dads house, one of them at that time 2013.

He got temporarily remarried in late 2012?. Said he wanted me to have one fourth of the sell of his cabin and he was letting my half sisters be over the sell. The girls sold it in 2013 for 168k and they never gave me a penny. He's still alive and recently been put into hospice care in FL.... View More

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answered on Dec 2, 2024

I know of no cause of action that has a long enough statute of limitations for suits against any of them. If you are an heir to any real property then you can sue for partition. Search titles to see if anything still in the family. Sometimes conveyances are made which forgets about some of... View More

1 Answer | Asked in Constitutional Law, Criminal Law, Federal Crimes and Juvenile Law for Tennessee on
Q: What happens to someone that makes a false police report and get a Innocent person that’s already on after care arrested

The after care is a requirement for the juvenile to be at home

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 28, 2024

Believe it or not, this happens all the time. Typically, the scenario is this. Someone abuses or threatens another person. Usually, it is a spouse or boyfriend or girlfriend. The person who did the abuse gets scared and calls the police and tells them that they were abused. This can be tough... View More

1 Answer | Asked in Estate Planning, Family Law, Probate and Criminal Law for Tennessee on
Q: My step son gave my horse away, I had been given me a pair of Belgian mares to me for Christmas. Can I get him for horse

theft. My husband sent numerous emails to people that he knew telling them about this. With a picture of me and the horses. During and after my husbands death, the step son has repeatedly sold off everything left to me in the will. He has since given my horse to someone else. I had tried moving... View More

Diedre Wachbrit Braverman
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answered on Aug 2, 2024

You need to file a police report for the theft of your horse and the tracking device he put on your vehicle. Tell the cops everything he has done to harass you. You may get a restraining order. He may go to jail.

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