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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Tennessee on
Q: How long is a criminal tresspass for when. It is a manager at a walmart who called the cops on you.
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Feb 15, 2020

I'm not sure that I understand your question. There would be a reason that you would be guilty of trespass at Walmart, like a prior theft. If there is a warrant out for you, you will need to consult with an attorney to help you with it, because it will not just go away.

2 Answers | Asked in Criminal Law for Tennessee on
Q: Are police officers required to arrest people with Misd. Violation of Probation Warrants?

What are the consequences if they do not?

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Feb 14, 2020

Yes. Violation of Probation is treated seriously in the State of Tennessee. If you have a warrant out, then you should consult with local counsel.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Is it a common practice in TN to submit unsigned & undated subpoenas requesting user records?

A Judicial Subpoena for Documents, an Application for Judicial Subpoena, & general cover letter were faxed by a police detective to a major phone/internet company in FL requesting a user's records. This company responded by faxing the user's records to the police detective. Both subpoenas faxed... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 14, 2020

If there is a Case ongoing, criminal or civil, then if you are an interested party, you can file a Motion To Quash with the Court. But if this is only an investigation, then there is nothing you can do but complain to the Florida Company that received the Subpoena Duces Tecum. Later on, if... Read more »

2 Answers | Asked in Criminal Law for Tennessee on
Q: What physical or mental disabilities would allow a defendant to avoid jail?

Can a defendant avoid jail time if they had a bona fide disability that could not be treated in jail?

Cayley Turrin
Cayley Turrin answered on Feb 12, 2020

Unfortunately none. The jails can handle about anything and will handle them.

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2 Answers | Asked in Criminal Law for Tennessee on
Q: Are there any lawyers who will take on a criminal defense case pro bono or with affordable payment plan options?
Bennett James Wills
Bennett James Wills answered on Feb 11, 2020

If you cannot afford a lawyer the public defender's office may be able to assist.

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2 Answers | Asked in Criminal Law for Tennessee on
Q: Can I hire a lawyer with an outstanding warrant?or do I have to turn myself in first?
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Feb 9, 2020

You can and should hire an attorney at any given point. Some courts will require you to turn yourself in, and in others, the attorney may be able to get you out of the warrant.

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1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I was found guilty of criminal contempt for violating an ex parte order of protection. Can it be expunged?

On the court website the charge shows as violation of a protection order, but it should have been criminal contempt. I know violating a order of protection is not expungeable, but I don’t know if criminal contempt is expungeable. I’m not sure if I should be worried that the charge may have been... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Feb 7, 2020

Generally speaking, in the State of Tennessee, anything that shows you are guilty will stay on your record forever. A plea bargain is an admission of guilt. If it was a first time offence, then you may be eligible for diversion. If you get that, then you will have a suspended sentence for one... Read more »

2 Answers | Asked in Criminal Law for Tennessee on
Q: I was released under the impression that I had flattened my time but find out 4 months later I am on probation???

I was incarcerated in 2016. I was released on October 19, 2020. When I was released I was under the impression that I had flattened my time. February 5, 2020, a parole officer came to my house to inform me that I was apparently on probation. I was unaware and so was she. My sentence was flatted. I... Read more »

Shanone Emmack
Shanone Emmack answered on Feb 7, 2020

You should go to clerk's office and look at your file and find out what plea agreement you signed . The details of your plea will be in your file. You should hire an attorney to talk to the District Attorney or set a hearing in front of the judge to address parole issue and determine if you did in... Read more »

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Can having a paid attorney help with a probation violation?
Anthony M. Avery
Anthony M. Avery answered on Feb 6, 2020

Well if the attorney is unpaid, he is not going to help with the probation violation. Very often, a competent attorney can mitigate the damage from violating a probation order. The amount of jail time that is saved could be substantial.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can hiring an attorney help me with a probation violation ?
Shanone Emmack
Shanone Emmack answered on Feb 6, 2020

Yes, you should hire an attorney . A lot of times probation violations result in jail time. How much jail time can depend on the number of probation violations you've had and why you violated your probation. An attorney can help navigate through details of your probation violation, negotiate... Read more »

1 Answer | Asked in Business Law, Criminal Law and Federal Crimes for Tennessee on
Q: I was called by a police officer and told that he didn’t want to put out a warrant but was only investigating.

Gave me the number of a “victims” dad to call and work things out. I feel like I’m being scammed

Anthony M. Avery
Anthony M. Avery answered on Feb 5, 2020

Hire a competent attorney to negotiate any prospective restitution to victims. Talking to victims directly is always bad, and make a bad situation much worse.

1 Answer | Asked in Criminal Law for Tennessee on
Q: So a friend of mine overdosed and the cops found the drugs and needle and put 2 warrants out on him. Never arrested him

They let him go and said turn yourself in. What is this ?

Anthony M. Avery
Anthony M. Avery answered on Feb 4, 2020

It sounds like the Cops gave him a break. But Citations are just as much charges as Arrest Warrants. He needs a decent lawyer and needs to start a drug program today. Then go to Court and start working towards either Dismissals and Diversion, or at least no jail Misdemeanors.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Does a defendant have a right to address/testify before a grand jury in Tennessee?

Doesnt TCA 40-12-104 allow a defendant to testify? Do the footnotes not say that a potential defendant has the right?

Bennett James Wills
Bennett James Wills answered on Feb 3, 2020

Nope. Grand juries are one-sided where the prosecution presents evidence/witnesses and then the grand jury decides whether to indict the defendant. Subject to very limited and rare exceptions, a defendant cannot even compel the prosecution to produce a grand jury transcript.

2 Answers | Asked in Criminal Law for Tennessee on
Q: How long can a case be bound over to grand jury for before a decision has to be made? My case was bound over 1 year ago

Harassment accusation along with order of protection in January, 2019. Order of protection dismissed twice (won initial hearing and appeal hearing). Harassment was bound over to grand jury in March, 2019 and it’s now February, 2020 and it is still showing as bound over. Is there a time limit for... Read more »

Shanone Emmack
Shanone Emmack answered on Feb 3, 2020

When a case is bound over it sometimes gets pushed a few months but a year is a little long. I would first contact the clerks office and see if they have any information about when your case is scheduled to go to the grand jury? The clerk's office usually has updates and sends out letters of grand... Read more »

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1 Answer | Asked in Criminal Law for Tennessee on
Q: I asked for discovery of evidence from state 3 times to collect all evidence against me

Is it legal for the state of tennessee not to give me every piece of evidence they have against me after i have requested it? I have asked for the evidence they say they have against me 3 times now because i keep finding out that they have more than they was giving me in the original discovery... Read more »

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

Your lawyer will need to make a Motion To Compel Discovery. It can be difficult. Occasionally the State is sanctioned.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My boyfriend was recently charged with domestic assault, which he did assault me. Tbe state took over the case.

I received a letter from my attorney who handle such cases. My question is do I need to be at the first court date, since the state took it over? I havent been subpoenaed, just the letter from my lawyer stating she wousl be representing me. He's going to plead not guilty anyway, so theyll just... Read more »

Shanone Emmack
Shanone Emmack answered on Jan 31, 2020

If you are required to be present you should receive a subpoena. You are the victim witness in your domestic assault case therefore, the District Attorney will want to talk to you/your attorney before deciding whether to dismiss or move forward in prosecuting the case.

2 Answers | Asked in Criminal Law for Tennessee on
Q: If a police officer tells family that they have wanted to arrest the accused, does that make a search warrant invalid?
Bennett James Wills
Bennett James Wills answered on Jan 30, 2020

There are many factors that may invalidate a search warrant and/or an arrest warrant. Consult local counsel to determine any issues related to the service of one or the other.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: currently on probation theft under$500 will public intox violate me if i pled guilty to get out of jail
Shanone Emmack
Shanone Emmack answered on Jan 30, 2020

Receiving a new charge while on probation will likely violate your probation. You should call your probation officer and tell them of your new charge. If your probation officer decides to violate you, a warrant will be issued for a probation violation and you will be arrested and have to bond out... Read more »

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