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Tennessee Criminal Law Questions & Answers

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on

Q: Where would I call to file a criminal charge for official misconduct on tn city employee, no response from demand letter

We sent a demand letter to the city a few weeks ago and recieved no response. Whom do we contact to file a criminal complaint on a city employee for official misconduct.

Anthony M. Avery answered on Jun 26, 2019

Your demand letter in conjunction with a criminal complaint could possibly be construed as extortion. If you still wish to pursue, then call the Sheriff, then Police, then District Attorney General. Finally you have a statutory right to file an affidavit in support of being heard before the next... Read more »

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1 Answer | Asked in Criminal Law for Tennessee on

Q: Can I pick up my friends 13 yr old son and give him a ride to the jail where his mother wil, be gettingreat bonded out

He has the bail money and noon e will go get her mom out ifor I go get him and 5ake him can I get in trouble

Cayley Turrin answered on Jun 26, 2019

If the son is making the bail at 13 is the question then no I believe you have to be 21 to post someones bond.

1 Answer | Asked in Criminal Law for Tennessee on

Q: Can they drop 2 counts of child abuse felony type A to a misdemeanor?

Broken ribs . Since I’m mother the blame me .

Mr. Kent Thomas Jones Esq. answered on Jun 26, 2019

I'm not fully certain that I understand your question. In a generic sense, it is possible to drop felony charges to misdemeanor charges; however, it sounds like you are in a tough situation, just base upon what you said. You need to consult local criminal defense counsel as soon as possible.

1 Answer | Asked in Criminal Law for Tennessee on

Q: What are my options if I received a citation for 39-17-418 while in town from out of state.

It was an illegal search with no probable cause. The DTF officers claimed they watched someone in our party hand cardboard boxes to others in the party.

Anthony M. Avery answered on Jun 25, 2019

Your only decent option is to hire a competent attorney to represent you as soon as possible. It will be important to conduct a good Preliminary Hearing, then later at Circuit Court file your Motion To Suppress Evidence. You were very fortunate that you received a Citation instead of being... Read more »

1 Answer | Asked in Criminal Law for Tennessee on

Q: In Tennessee i was charged with possession of paraphernalia when calling ambulance for an overdose is this a legal charg

I chose not to go with down to the hospital but my blood pressure was 80 / 60 they strongly advise me to but I chose not to I didn't want to walk back and could not afford it plus I felt better after I threw up a few times in their presence It also says in the paper that they gave me when they... Read more »

Mr. Kent Thomas Jones Esq. answered on Jun 25, 2019

If you had parafernalia, you had it. I would consult with a local criminal defense attorney.

1 Answer | Asked in Criminal Law for Tennessee on

Q: Are you legally allowed to carry a gun if you were in a mental health institute, not appointed by a judge?

Mr. Kent Thomas Jones Esq. answered on Jun 23, 2019

Probably not. Go to a local gun dealer that does checks through the TBI and find out whether you can qualify or not.

3 Answers | Asked in Criminal Law for Tennessee on

Q: Im considered a career criminal and i got a felony evading charge and they are trying to give me 6 @ 60% but the whole.

But the whole reason i ran is i have ptsd and it triggered a flash back and subsequently a panic attack so i freaked drove off,is not a way i can recieve probation instead of prison bc of my mental condition

Mr. Kent Thomas Jones Esq. answered on Jun 23, 2019

Criminal law is difficult to judge as providing an answer. If you are going for probation instead of prison, then you will have to provide affidavits, depositions, or live testimony from your provider. I would not enter into a plea bargain without first contacting a local criminal defense... Read more »

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1 Answer | Asked in Criminal Law and Probate for Tennessee on

Q: First probation violation what will my wife get?

Ok my wife got interstate probation transfered to Indiana from Tennessee there was a domestic issue in the home probation officer told her she had to go live with her uncle in Kentucky gave her a travel permit on her visit to probation she failed a drug test and probation officer call her uncle ask... Read more »

Mr. Kent Thomas Jones Esq. answered on Jun 23, 2019

First of all, violation of probation is treated seriously. It really depends on the PO and the judge. Some of my clients get violated after 4 times, and for others it is earlier. There are a lot of scenarios. Jail time is common; however, a lot of time if you are working, you can do it on... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Tennessee on

Q: How do these laws apply to out of state law enforcement.

Regarding carry in national parks and places (eg restaurants ) that display no carry signs

Cayley Turrin answered on Jun 19, 2019

Best rule of thumb don’t carry if you don’t know the rules.

1 Answer | Asked in Criminal Law for Tennessee on

Q: I am 16 and was caught stealing gifts cards at walmart, so they fired me and said they would file a police report

The amount is over $1000, so they said it classifies as a felony. I do not know anything about this. I would mainly like to know if this would involve my parents in any way.

Lawrence James Arnkoff answered on Jun 19, 2019

Due to your age you should be charged as a juvenile although they have the ability to

charge you as an adult. If you are charged as a juvenile I don't see any realistic way

your parents will not be involved. Where in Tennessee did this happen?

1 Answer | Asked in Criminal Law for Tennessee on

Q: If I ask someone to not call,text,or bother me on my cell phone and they violated that warning is this a criminal matter

None

Mr. Kent Thomas Jones Esq. answered on Jun 18, 2019

You've given them notice, but if you are serious about it, in a criminal sense, then you need to file for an Order of Protection with your local police department. If they bother you then, you have the right to call the police and have them arrested. As always, I suggest consulting with a local... Read more »

1 Answer | Asked in Criminal Law for Tennessee on

Q: How likely is it to get paroled out on your first parole hearing if charged with a class C felony for aggrevated assault

There was bodily harm done to the victim but no death nor any hospital stay for the victim

Cayley Turrin answered on Jun 17, 2019

There is no way to know. I would suggest participating in as many programs at the prison as possible.

1 Answer | Asked in Criminal Law and Animal / Dog Law for Tennessee on

Q: Where can I report someone illegally killing a snake in Tennessee to (specifically Shelby County)?

Gary Kollin answered on Jun 15, 2019

Call the police. If not handled, I am sure they will direct you

1 Answer | Asked in Criminal Law for Tennessee on

Q: Is it possible to get a warning for criminal trespassing I was homeless walked to cookeville from smithville

An was really tired an walked passed a apartment door open an it looked empty so i walked in an was gonna rest for the night roughly 10 mins later heard voices outside an seen shadows moving got scared an left out the back door i didnt take anything when i was arrested I had only a cell phone... Read more »

Bennett James Wills answered on Jun 14, 2019

If you have been charged and it's a first offense then the State may offer you a favorable plea deal such as diversion or even retire the case with terms. You may want to consider contacting the public defender for representation.

2 Answers | Asked in Criminal Law and Immigration Law for Tennessee on

Q: Adjustment of Status I-485 with arrest or criminal record and attorney fees

My petition for national Interest Waiver and has been approved. I was arrested on domestic violence charges after I received my approval. I am in the state of Tennessee and there is a law here called "retirement" meaning if I do not commit any crime, the case will be automatically dismissed. In my... Read more »

Dayna Lally answered on Jun 13, 2019

The I-485 specifically asks: "Have you EVER been arrested, cited, charged, or detained for any reason by any law enforcement officer (including but not limited to any U.S. immigration official or any official of the U.S. armed forces or U.S. Coast Guard)?

Since you have been arrested, you...
Read more »

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1 Answer | Asked in Criminal Law for Tennessee on

Q: My sister charged me with theft of a ring. I'm charged with theft under $500 for a ring that I had pawned

Mr. Kent Thomas Jones Esq. answered on Jun 13, 2019

I'm not sure what the question is, because this is a statement. In Tennessee, shoplifting is formally called Theft of Property $500 or less. Theft in Tennessee is graded by dollar amounts–$500, $1000, $10,000, and anything over $10,000. Theft $500 or less is a Class A misdemeanor, punishable up... Read more »

2 Answers | Asked in Criminal Law and Juvenile Law for Tennessee on

Q: My 16 year old brother lives with me but our older sister has guardianship of him; who has to be at court for his felon

I was the one who spoke to the cops and dealt with it with them. Our sister can’t take off work as easily as I can. Since he lives with me, does she have to be at court too?

Anthony M. Avery answered on Jun 12, 2019

If there is a Case at Juvenile Court, then the Guardian must appear with her Ward. But if the Case has already been transferred to Criminal Court, then the Defendant and his attorney must appear. Possibly your assistance is needed, but not necessary. Be very careful what you say if anything,... Read more »

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1 Answer | Asked in Civil Litigation, Criminal Law, Insurance Bad Faith and Insurance Defense for Tennessee on

Q: When your license gets suspended for not being insured Do they revoke all registrations in the vehicle owners possession

I was in an accident and i was uninsured. So i got a ticket and license suspended. Does this on affect the vehicle that was in the accident?Or does that include both of my vehicles?

Leonard Robert Grefseng answered on Jun 12, 2019

If I understand your question correctly, I think you misunderstand the difference between your LICENSE and the vehicle REGISTRATION. these two things are not the same. Your license is for you only- it is the authorization that you can legally drive a vehicle ( ANY vehicle, even one you don't... Read more »

1 Answer | Asked in Criminal Law for Tennessee on

Q: I HAVE A CLASS E FELONY FAILURE TO APPEAR -39-16-609(e) Failure to appear (felony) IN MEMPHIS WANT TO KNOW BOUT EXPUNGE

COULD I GET IT EXPUNGE

Mr. Kent Thomas Jones Esq. answered on Jun 11, 2019

Likely not considering the charge. You should consult with local criminal defense counsel to help you out.

1 Answer | Asked in Criminal Law for Tennessee on

Q: Could I ever be eligible for unsupervised probation on an 8 yr sentence for manuf, sales and delivery?

I've completed 3 yrs with no violations. I do owe court fees and fines which add up to $3000. But if I were to pay those fines, would I be eligible to be unsupervised? I look forward to hearing from you.

Anthony M. Avery answered on Jun 10, 2019

In Tennessee I usually move the Court to modify the Sentence to Unsupervised Probation after all Court Costs are paid and over half the Sentence is completed. Even if not granted then, the Courts usually will hear the Motion again about a year later.

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