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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Tennessee on
Q: Can a lawful conceal carry permit holder carry their firearm loaded?
Anthony M. Avery
Anthony M. Avery answered on Oct 16, 2019

In Tennessee we have "Handgun Carry Permits", not concealed carry permits. But yes, you can carry your weapon loaded with ammunition, including in the chamber, as long as you have a Handgun Carry Permit. Possession of the weapon can be open or concealed. The possible issue has to do with... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can the law take our camper if we own it and have the title?

We didn't register it cause we weren't going to have it on the road we used it for a temp home, couple years later loaned to man and 6 or 7 yrs later it's for sale by someone that said they bought it from the man we loaned it to.

Bennett James Wills
Bennett James Wills answered on Oct 14, 2019

Consult a local attorney to assist you with getting the camper back, if that's what you want to do. If you hold the title, then the camper should not have been sold. And the buyer would not have good title.

2 Answers | Asked in Criminal Law for Tennessee on
Q: Ok I got a good one...my friend is sitting in Louisville and the federal medical prison due to a parole violation since

January. I ran across an newspaper article online that said he was indicted bu a grand jury for more charges then article was written in April it is now October and he had absolutely no idea nor would he if I had t ran across that article. What does he do

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Oct 10, 2019

You are going to have to get a ruling from the judge on the length of sentencing for VOP. He needs an attorney. He can't do it himself. If he cannot afford one, then he should ask for a public defender to be appointed or contact Legal Aid and see if he can get an attorney there.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: If a mother is 17 and she an unruly and assault charges what will happen to her?

She hit her dad only because she wanted him to stop grabing her arm amd she doesnt want anything to happen to her or get her daughter taken away

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Oct 10, 2019

I'm not certain that I understand the question. Why do you identify the person as "mother" if she hits her Dad? If someone files assault charges, and you are convicted, your child can be taken away. Usually, that type of action goes through the Department of Children's services.

1 Answer | Asked in Criminal Law and White Collar Crime for Tennessee on
Q: In Criminal Case is there just one discovery or is there multiple for defendant to recieve before trial or indicted
Cayley Turrin
Cayley Turrin answered on Oct 6, 2019

There may be more once the DA discovers more evidence or receives it.

2 Answers | Asked in Criminal Law for Tennessee on
Q: My husband passed away on the 20th of September, and I still have yet to recieve a death certificate.

The physician said she has not signed it, nor does she have it. I believe the funeral director never sent it in. I've sent him an email, and he has yet to respond. What can I do

Anthony M. Avery
Anthony M. Avery answered on Oct 4, 2019

That is not too long a period of time yet. It can easily take a month to issue some Death Certificates. With no response in a week, I would go to the County Health Department and inquire about the Certificate's status. On occasion the Sheriff may be of some assistance. If there is an autopsy... Read more »

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Charges pending for Class C felony of introduction of contraband into a penal facility (cellphone). Offered diversion

Offered 2 yrs diversion outside of courtroom. Signed an agreement for diversion and immediately paid for the TBI application. I was told to wait a few weeks to a month for my paperwork which would have my court date then immediately call my attorney so I can be placed on the docket. That same day... Read more »

Gary Kollin
Gary Kollin answered on Oct 3, 2019

You should be discussing all this with your lawyer

1 Answer | Asked in Criminal Law for Tennessee on
Q: my boyfriend private attorney told him he would give him 2years of papers but he sets him off again what to except
Gary Kollin
Gary Kollin answered on Oct 3, 2019

I have no idea what you are asking

Perhaps you can speak directly to the attorney

1 Answer | Asked in Criminal Law and Juvenile Law for Tennessee on
Q: So a juvenile in Tennessee. Rutherford County. Was trialed as and adult with only misdemeanor charges and one felony.

The felony charges was only theft over $1,000-$10,000

And the Juvenile is an American Indian

Claimed His tribe and is a sovereign body.

How could the court system go against the laws and the rules of the courts.

And the Juveniles deliquency background is clean.

Anthony M. Avery
Anthony M. Avery answered on Oct 3, 2019

Apparently the Defendant underestimated the seriousness of the Charges against him. He should have hired a competent attorney. When he is in Rutherford County, Tennessee, subject matter jurisdiction exists to prosecute him under the Laws of Tennessee. Even illegal aliens are subject to our... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can my wife recant her verbal statement without penalty?

I was charged with bui and now aggrivated child endangerment bc I said I was driving our jetski drunk and my daughter was injured. My wife was driving and had only one beer. I was scared she would loose her license and told them I was driving. She is our only ride and way to take care of our... Read more »

Marcus Lipham
Marcus Lipham answered on Oct 2, 2019

There will likely be consequences if she recants. It's considered under the filing a false report statute. This is charged as a felony, so she needs to carefully consider how she proceeds.

2 Answers | Asked in Criminal Law for Tennessee on
Q: My son just got charged with aggravated robbery they dont have enough proof but he was with them i need help
Gary Kollin
Gary Kollin answered on Sep 30, 2019

Then he needs an attorney and to stop talking until he gets one

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Is it considered 'Abandonment' when the retained Attorney sends in a Firm Colleague on a very critical court appearance

The retained, very high profile, Attorney sent his son to represent the Defendant without informing the Defendant nor his family beforehand. The court appearance was critical. The representative Attorney was a novice and indicated to the Defendant that his Dad had to travel and couldn't be present.... Read more »

Cayley Turrin
Cayley Turrin answered on Sep 30, 2019

You can complain to the Bar if you don’t feel that they were competently represented.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If im not a felon and I've recently bound all my shoplifting charges over to criminal Court will I get offered probation

I can complete probation but sessions court always puts me n jail. Yes i have alot of shoplifting charges but most of them werent my faukt and this last one I never past point of sale and i had money to pay.

Gary Kollin
Gary Kollin answered on Sep 26, 2019

How can the charges and convictions not be your fault?

1 Answer | Asked in Criminal Law for Tennessee on
Q: I have a hearing for a criminal simulation charge for passing a bill that was fake but I had no idea it was not real

The bill was play money not counterfeit does that make a difference

Frank J. Steiner
Frank J. Steiner answered on Sep 26, 2019

Criminal offenses require intent. You need to speak to an attorney.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a male cop search a female they pulled over or do they have to get a female cop to do it
Gary Kollin
Gary Kollin answered on Sep 20, 2019

There is nothing illegal about it. There may be policy but that is not required by law

1 Answer | Asked in Criminal Law for Tennessee on
Q: A friend of mine has been given the run around over a felony charge before 2013, with state probation...see below plez

A friend of mine was convicted of 2 counts of sale of .5 grams of cocaine and his sentence was 8 years community corrects. He had a car accident back in 2003, that resulted in him having a closed head injury and has a hard time with remembering dates, but this has been ongoing since before 2013.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 20, 2019

Your Friend needs to hire a competent attorney to investigate the Judgment of Conviction. Then start adding up jail time and probation. He can probably at least get unsupervised probation for the remainder of whatever the Sentence is. Again hire a lawyer.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How long can a misdemeanor case stay open in court?

I’m on 11/29 probation which was up July this year but I’m being kept on it indefenately while I’m going to court I’ve been to court 7 times over the past 14 months and it was continued again on the 18th for another 4 months

Anthony M. Avery
Anthony M. Avery answered on Sep 20, 2019

The SOL applies only to the institution of the charge. So it can stay pending forever. You need a competent attorney to make a Motion To Dismiss.

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: TN code 39-17-305 is disorderly conduct, why does this charge prevent me from purchasing firearms?

TBI has told me it is a domestic violence charge. And that I cannot have it expunged even though I have an up to date list of excluded charges for expungement. It is nowhere on there. Hawkins county DA gave me the run around, and the US DA asked why I came to them it is a claim towards my county... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 19, 2019

I do not know your exact situation, but I have some advice. Hire a competent attorney to first get certified copies of any and all criminal convictions that you have. Also any charges which were brought but did not become convictions need to be examined, as they are just as bad for background... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is the charge of sale of schedule I (heroin) probatable in the state of Tennessee?
Cayley Turrin
Cayley Turrin answered on Sep 19, 2019

Talk to your lawyer about the sentencing options for this charge. If you don’t have a lawyer hire one immediately.

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: I was told by officer was stopped cause left friends house, no citation, searched after repeatedly telling them not to

Then contaminated by opening bag and taking dirt into it. Might been max. .02. Charged with .27 cause told they can weigh bag as dope also. Improper search, stop charge and tampering with evidence. Am I correct.

Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2019

You have not stated what you are questioning. What drug was involved? What was the purported reason for the stop? What was the charge? Obviously you are unsure of what has happened, but apparently you are in trouble. Hire a competent attorney now. Do not contact the "friends" that got you... Read more »

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