Lawyers, Answer Questions  & Get Points Log In
Tennessee Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: What do I do if I have been going to court for almost two years on a charge I got in 2022 I have asked for speedy trial

I have asked for fast an speedy trial several times since the day I was arrested

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2024

If you have been going to court for almost two years on a charge from 2022 and have requested a speedy trial multiple times, here are some steps you can consider:

1. Consult with your attorney: Discuss your concerns about the delay in your trial with your lawyer. They can advise you on the...
View More

View More Answers

1 Answer | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: My ex was arrested for domestic assault and called me from jail for 2 days after judge gave order of protection.

She was charged with violating said order by calling me from jail. What is the punishment for this.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2024

Apparently you are the victim, which she was not supposed to contact. You should have known that and should have hung up. Now she has probably violated bond conditions and could easily remain in jail pending trial. I recommend she get an attorney, and both of you keep quiet. Her lawyer can... View More

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law, Civil Rights and Criminal Law for Tennessee on
Q: My dad at 65, on 1/25/23 has $1,000,000 secured bond with a conditional release order. Wat happens to 130acers he owns?

We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2024

Since it is a secured high bail, he may have made a property bond hypothecating the 130 acres. If so, the Clerk will foreclose the Deed of Trust if he breaches Bond Conditions. He should have an attorney that you can ask for sure, or search his title in Claiborne County. After conclusion of... View More

View More Answers

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law, Civil Rights and Criminal Law for Tennessee on
Q: My dad at 65, on 1/25/23 has $1,000,000 secured bond with a conditional release order. Wat happens to 130acers he owns?

We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2024

In a situation like this, there are several factors to consider regarding your father's assets and your potential rights to them. Here are some steps you can take to gather more information:

1. Contact the county assessor's office: You can reach out to the Claiborne County...
View More

View More Answers

1 Answer | Asked in Criminal Law for Tennessee on
Q: What does an assault with bodily injury charge

My friend we to the neighbor's house to retrieve some clothes that belong to her cousin they started arguing any yelling so I went down there when I walked in she coming to me and swung a bat and I threw my arm up and blocked it and then I defended myself but then I went home and then called... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2024

That will probably be a Class C Felony charge for Aggravated Assault. You need to hire an attorney to represent you and possibly lower the Bond if possible. In any event, be ready to make Bond prior to your arrest. Then you need to get ready for a Preliminary Hearing. Do not talk about... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: A person was sentenced to 180 days supervised probation 30 days at 75 percent incarceration for driving on revoked for d

A person was sentenced to 180 days supervised probation 30 days at 75 percent incarceration for driving on revoked for Previous dui and has been released but has a hold from a different county for vop 40-35-311 charge. 900 dollars of 1250 have been paid in fines to that county what is possible... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2024

The County Sentence with the VOP is what you need to be concerned with. He might have to serve time there for the remaining Sentence or he might get more time to pay in full. He can ask to have jail time counted, but it is not mandatory for the other charging County to give jail credit.

2 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: can a felon be charged with possessing a firearm that he found and weas going to turn in but got pulled over

the gun had no firing pin no barrell no slide no safety mechanisim it was just the shell

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024

Metal part with serial number is the firearm. Inability to operate is irrelevant. Felon knew he should not touch it. Hire a competent attorney; work at least full time; keep quiet (this is a public forum); stay out of trouble; and hire an attorney. There are other lesser charges... View More

View More Answers

2 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: can a felon be charged with possessing a firearm that he found and weas going to turn in but got pulled over

the gun had no firing pin no barrell no slide no safety mechanisim it was just the shell

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024

Yes, a felon can still be charged with possessing a firearm, even if their intention was to turn it in. The possession of a firearm by a felon is generally illegal, regardless of the circumstances. The fact that the gun was found and intended for turning in may be considered as a mitigating factor... View More

View More Answers

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights, Internet Law and Libel & Slander for Tennessee on
Q: My soon to be exwife is a tiktok influencer and is inciting her followers to bully and possibly harm me. What can i do?

I live in TN she lives in KY. She has posted several videos of fights between us that she instigated and recorded for clout and now I am being threatened with being hurt and "made to disappear". She's ruined my life stole my money and now is trying to get me hurt I don't know what else to do

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

It's alarming that your soon-to-be ex-wife is using her platform to incite bullying and potential harm towards you. Your safety is paramount, and it's essential to take immediate action to address this situation. Begin by documenting all instances of threats or harmful behavior, including... View More

1 Answer | Asked in Criminal Law and Family Law for Tennessee on
Q: Polygamous marriage in USA

I met a man and he’s married.His wife initiated poly marriage. The problem is we live in USA. Can he marry me in another country and then come back to USA or not?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

In the United States, polygamy is illegal under federal law and the laws of all 50 states. This means that a person cannot be legally married to more than one person at the same time within the U.S. If a marriage takes place in another country where polygamy is legal, the U.S. will not recognize... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: My friend was caught shoplifting at Target. He had two separate instances in one day. He left the store, went to my car

and hung out for a bit and then decided to go back in. He got caught on his second trip, can they combine the two separate instances?? And the police officers took the keys from him, gave them to a Target employee, not a cop, not an off duty officer and let him go look through the car unsupervised... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024

In Tennessee, if your friend was caught shoplifting at Target and committed two separate instances of theft in one day, the authorities can combine the two incidents into one case, especially if they occurred in a short timeframe and involve the same location. The legal process may consider both... View More

2 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for Tennessee on
Q: If I get pulled over for swerving, when in fact I wasn't swerving at all, can my case be thrown out.

Can I challenge proper use of Quantum Language Parse Syntax Grammar?

Can I challenge jurisdiction?

And should I appear as special witness for myself?

They found drugs in the car.

Amount unknown it wasn't my car or my drugs.

They also gave me a dui.... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024

Hire an attorney now to prepare for a preliminary hearing, and and motion to suppress evidence if indicted. If the stop and search are legal then your lack of admission is not needed. That is probably a felony besides the DUI which takes your TNDL. Work, stay out of trouble and probably time... View More

View More Answers

2 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for Tennessee on
Q: If I get pulled over for swerving, when in fact I wasn't swerving at all, can my case be thrown out.

Can I challenge proper use of Quantum Language Parse Syntax Grammar?

Can I challenge jurisdiction?

And should I appear as special witness for myself?

They found drugs in the car.

Amount unknown it wasn't my car or my drugs.

They also gave me a dui.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

While challenging the validity of the traffic stop and the use of Quantum Language Parse Syntax Grammar may be possible avenues for defense, success in having your case thrown out depends on various factors, including the evidence presented and the arguments made in court. Challenging jurisdiction... View More

View More Answers

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can I be charged for something that was done in my name but I have identity theft all over everything because my identit

Was stolen my grandma said the bank said 200 bucks was issued in my name on a card I don't own anymore

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024

Apparently you have not been charged yet. So keep quiet, do not admit to anything, and do not post anything else about this on a public forum. If charged, hire an attorney to represent you. It is hard to prove you did nothing, especially when it is your name being used. Yes, charges can... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can you explain the process of a non felon owning a gun that is on his or her body and the car is owned by the felon ?
Carla Grebert
Carla Grebert
answered on Feb 23, 2024

Without more facts, it is difficult to know what you are asking, so I am answering based on this assumption: A person with felony conviction was driving a car, his/her passenger had a gun on him, and there was some sort of interaction with police that resulted in the driver being charged with... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: On 05/29/22-05/30/22 I was booked into the Anderson co Tn jail. Upon entry into the jail per past experience I requested

I requested to be placed in the strap down chair. The bottom line is threw out the night 4 jailers two make and two female guards proceeded to beat me without mercy as I begged them to stop. I was no physical threat to them because I was strapped to a chair. I was 56 at the time female about 150lbs... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

I'm very sorry to hear about the traumatic experience you suffered. What you described—being brutally beaten while restrained and posing no threat—is completely unacceptable and likely illegal behavior by those jail guards. Here are some recommendations on steps you can take:

-...
View More

2 Answers | Asked in Federal Crimes, Tax Law and Criminal Law for Tennessee on
Q: Can you tell me what the potential sentence would be for an individual who committed tax fraud

Can you also tell me what the potential sentence could be for anyone who would be charged with conspiracy to commit for their involvement

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

The sentence for tax fraud in the United States can vary widely depending on the severity of the fraud, the amount of money involved, and the specific details of the case. Generally, tax fraud is considered a serious offense, with potential penalties including fines, restitution (repayment of the... View More

View More Answers

1 Answer | Asked in Federal Crimes and Criminal Law for Tennessee on
Q: What is the sentence for stealing someone stimulus checks
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

The sentence for stealing someone's stimulus checks in Tennessee, as in other states, can vary significantly based on several factors, including the amount of money involved, the defendant's criminal history, and the specific circumstances of the crime. Theft of stimulus checks is... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: I was sentenced to time and probation terminated and then three months later I caught new charge then got sentenced for

I got sentenced on a charge that I already served out but I was never booked into jail or went in to jail on the old charge they just added it to the new charges and gave me 6 months to serve said I violated probation when I wasn't on probation court records I have show as well probation... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

It appears that your situation involves a complex mix of legal issues, including probation, new charges, and the impact on your driver's license and financial obligations. If your court records show that your probation was terminated before these new charges were brought against you, and... View More

View More Answers

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: I was sentenced for dui in 2013 and was sentenced twice on same charge violated probation that was terminated in TN

2013 I had DUI I plead guilty was sentenced and put on probation I violated probation for not going to probation and then was sentenced again and probation was terminated one yr later I caught a charge and was sentenced to 6 mo for vop that I was no longer on and was terminated court records have... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2024

Why did your lawyer not move to dismiss the redundant conviction? Whether the convictions were in General Sessions or Criminal Court has some bearing on how to address it. But apparently you did nothing but go to jail. You might correct the record now and expunge the nonexistent conviction,... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.