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Tennessee Criminal Law Questions & Answers
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.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: When I was released from jail on probation the terms I was given stated that I was to be on probation until 08/20/2024

And that I was complete an IOP program. The IOP had no set date nor did the judge state that I had to have it completed bye a set date but he violated my probation even tho I had passed all drug screenings wasnt supposed to get off probation until 08/20/24. Documents simply said to complete IOP so... View More

James L. Arrasmith
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answered on Jul 21, 2024

It sounds like you were under the impression that as long as you completed the IOP program before your probation ended on 08/20/2024, you would be in compliance with the court's order. If the judge did not specify a completion date for the IOP program, your understanding seems reasonable.... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: By law how many days they have to file a petition to see the vehicle for illegal drugs that's a driver had knowledge but
Anthony M. Avery
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answered on Jul 12, 2024

I think you mean seize. Forfeiture Warrant should be issued quickly. But if vehicle is considered evidence, then FW is not necessary. FW will require a Bond and DOS Hearing to recover. It is a civil administrative proceeding and you will need an attorney and money. It has nothing to do... View More

3 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Was this a violation of my 4th amendment right?

I recently was arrested in a hospital for simple possession. The security said they were acting on a tip but could not tell me where the tip came from or what the "tip" was. The did not have a warrant until after the arrest. I did not consent to a search.

Anthony M. Avery
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answered on Jul 11, 2024

You will need to read the Arrest Warrant and see what probable cause for the stop, detention, search and arrest is cited. If it looks questionable, prepare for a Preliminary Hearing. Hire a competent attorney. If indicted, then the Motion To Suppress should be made at that Court.

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3 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Was this a violation of my 4th amendment right?

I recently was arrested in a hospital for simple possession. The security said they were acting on a tip but could not tell me where the tip came from or what the "tip" was. The did not have a warrant until after the arrest. I did not consent to a search.

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

There are a number of considerations to determine whether a warrantless search in a hospital violates the 4th Amendment. You can read the attached article:... View More

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1 Answer | Asked in Criminal Law and Traffic Tickets for Tennessee on
Q: What will happen when my daughter has to go to the county jail for "processing"?

She was stopped for speeding in Jackson TN two days ago. The officer told her that she was driving with a suspended AL license of which she was unaware. Investigating, she found that AL had suspended her license because while getting a speeding ticket last year she showed the officer a picture on... View More

Anthony M. Avery
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answered on Jul 11, 2024

She will probably be booked, involving search, fingerprints, and mug shot. This is more convenient and cheaper than being arrested. The important thing is to take care of that DL. She needs to get all the information she can out of the issuing authority so that she has a DL and possibly get... View More

2 Answers | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: Can a person receiving a new felony charge be careered out over charges that were 35 years older.

I received new charges that are felonies and the state is trying to bring up charges that I plead guilty to over 35 years ago in order to give me a 25-year sentence based on my new charges is that even applicable

James L. Arrasmith
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answered on Jul 21, 2024

When facing new felony charges, the state can sometimes use prior convictions to enhance the sentence, depending on the laws in your jurisdiction. However, the fact that your previous charges are over 35 years old might play a role in whether they can be used against you. Different states have... View More

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1 Answer | Asked in Criminal Law, Arbitration / Mediation Law, Civil Rights and Constitutional Law for Tennessee on
Q: If a nonviolent newly justice informed Documented diagnosed and medical treated 4COMBINED ADHD and co occuring SUD

Adult is incarcerated in county jail on tech VOP pend charges FTA in adjoin co same district how do I force the attorney courts advocates etc to legally recognized his federal recognized disability and provide accomidations in court proceeding and his pd engage with him on a neurodivergent level... View More

James L. Arrasmith
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answered on Jun 26, 2024

I'll provide a concise response to your complex question about ensuring legal rights and accommodations for someone with ADHD and substance use disorder (SUD) in the criminal justice system. Here's a breakdown of key steps:

1. Document the disability: Ensure all medical diagnoses...
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2 Answers | Asked in Domestic Violence, Criminal Law and Constitutional Law for Tennessee on
Q: I was charged with domestic violence, pled guilty to simple assault. I was not informed that my gun rights were going to

Be taken. Is there any way to get them back in tn.

James L. Arrasmith
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answered on Jul 21, 2024

In Tennessee, restoring your gun rights after a conviction for simple assault, which may be classified as a misdemeanor, can be complex but is sometimes possible. First, you need to ensure that your conviction does not include a domestic violence component, as federal law prohibits anyone convicted... View More

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2 Answers | Asked in Domestic Violence, Criminal Law and Constitutional Law for Tennessee on
Q: I was charged with domestic violence, pled guilty to simple assault. I was not informed that my gun rights were going to

Be taken. Is there any way to get them back in tn.

Anthony M. Avery
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answered on Jun 21, 2024

Misdemeanor Assault does not create a firearm disability, but Domestic Assault does. You need to get a certified copy of the Arrest Warrant/Judgment with the final disposition on it. Consult with a competent attorney. If non-domestic assault was the Judgment, then you will need to start using... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: How do I get my gun back from the police if I was arrested for a fta only for no drivers license they have it in Evidenc

And keep giving me different days to come back to pick it up but when I do they keep giving me a run around about it saying the cop has to give it me but when I go on the days they tell me the won’t give me it or the officer is not their on shift and it wasn’t put on my property paper I feel... View More

James L. Arrasmith
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answered on Jun 11, 2024

To get your gun back, you need to follow a few steps to ensure you're taking the right approach. First, document every interaction with the police department, including dates, times, and names of the officers you speak with. This will provide a record of the attempts you’ve made to retrieve... View More

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1 Answer | Asked in Criminal Law for Tennessee on
Q: My husband currently has warrants out of Hamilton county for theft over a thousand and salt however he was in Illinois

I also have messages from messenger on Facebook of her saying that she falsified the charges. She didn't want to go down there and attempt to take them off because she didn't want to get charges of falsifying of a police report. She's also a felon so I don't understand how she... View More

Anthony M. Avery
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answered on Jun 10, 2024

Husband needs to hire a good attorney now. He will need to lower the bond if possible, and definitely prepare for a Preliminary Hearing. Victim might not show up, but Courts usually give the DA 2 0r 3 times to get his witness to testify. Do not talk to the victim/witness again.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a voter registration fraud charge be dismissed if the state error in the charge?

TCA

2-19-109

2--19-107

Anthony M. Avery
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answered on Jun 3, 2024

If you are at General Sessions, then you make a Motion To Dismiss as all elements not shown. If Indicted, then you may have to try it and make a Rule 29 Motion at the end of the State's Case. Hire a competent attorney.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How do i request that the State DA re- review a felony charge because i believe there's an error in the charge.

TCA

2-19- 109

2-19-107

Anthony M. Avery
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answered on Jun 3, 2024

It is up to to the DA to decide what criminal statute he prosecutes under. Do not help him put you in jail. It is up to your lawyer to make a Motion For Judgment Of Acquittal or maybe (a big maybe), a Bill of Particulars.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a person get a 1-8 split after violating on state probation and catching new charges?

My boyfriend is on 4 years and has 26 months done on it plus has caught a drug charge vandelism, assault, and retaliation. He has set in jail for a year now.

Anthony M. Avery
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answered on May 30, 2024

I do not know what a 1-8 split is. But boyfriend needs an attorney now. The retaliation charge alone will merit a large bond if one is set. Any charge, not just a conviction, is a violation of probation. So he will probably at least complete the 4 year Sentence incarcerated, and may get... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Business Law for Tennessee on
Q: If I get a car from a dealership but make payments to another dealership, is something illegal happening?

Filed complaint with tn commissions and car dealership that I make payments to said they never sold me a car...but I believe they have multiple lots was even told by the lot I got car at. Some of the payments was not reported right. I have time recipts of transactions

Anthony M. Avery
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answered on May 28, 2024

Filing a Complaint without knowing most of the facts could get you repossessed. Hire an attorney to look at your financing statement. Then you and him start calling the noteholder, whoever that is. Some corporation searches will also be necessary. Determining the actual lienholder may be a... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: Does a passenger admitting to having drugs on their person give probable cause to search the vehicle after no consent
Anthony M. Avery
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answered on May 16, 2024

I am not familiar with a similar appellate opinion. However admitting that illegal drugs are present is certainly reasonable suspicion and probable cause that drugs are in the vehicle and a warrantless search can be executed. I doubt that a Motion To Suppress Evidence would be successful, but... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: what are the laws for a defendant after having an attorney dismissed from a case

I requested the dismissal of council in writing to the judge I gave legitimate reasons why I wanted the dismissal I also asked for a continuance and a different council judge granted dismissal,and continuance but refused new council and I had to represent myself at a prelim also I told him... View More

Anthony M. Avery
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answered on May 8, 2024

Apparently your case was bound over. When you get indicted by the Grand Jury, Court may arrest you or might allow you to show up at the Arraignment still on Bond. You might ask for a court appointed lawyer then. But that would be a mistake, so hire a real attorney now awaiting Indictment.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Got pulled over and got caught with fentanyl and meth. Agreed to cooperate. Did I really get charged
Carla Grebert
Carla Grebert
answered on Apr 28, 2024

I generally see people getting charges in these situations, but I have no way of knowing what happened in yours based on your question.

Were you arrested and booked? If so, you were charged. Were you not arrested, but you have a booking date to report? If so, you were charged. Do you...
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1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: Can i carry a gun at 18-21 in TN considering the permitless carry laws, private sale, and the court cases about the age?

I know there’s been cases from gun groups during the state to where the agreement made at the conclusion seems to allow 18-21 to carry without prosecution because of age. I also know at 18 you can legally buy a handgun from private sale. I’d rather be judged by a jury then dead, but would i win... View More

James L. Arrasmith
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answered on Apr 16, 2024

The current gun laws in Tennessee regarding permitless carry and the legal age to possess a handgun are somewhat complex due to recent court cases and legislative changes. Here is an objective overview of the situation as of August 2023:

In 2021, Tennessee passed a law allowing most adults...
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