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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Tennessee on
Q: Can I get my charges dropped if my name is misspelled
Anthony M. Avery
Anthony M. Avery answered on May 18, 2021

Usually not. A new indictment or an alias will go down.

1 Answer | Asked in Criminal Law and Wrongful Death for Tennessee on
Q: can a person with any amount of meth in system be arrested and charged if they hit a pedestrian and pedestrian dies
Anthony M. Avery
Anthony M. Avery answered on May 13, 2021

There could be numerous criminal charges generated by such a scenario. If you know who the defendant is, tell him to not talk to anyone and hire a competent attorney immediately. An insurance company may need to be notified by your attorney.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Im charged with identity theft. Police came to my house 3 times. holding 2 white paper . didnt announce who or why

I would like to know how to find out whats going on

Anthony M. Avery
Anthony M. Avery answered on May 13, 2021

Apparently you already know the general nature of the criminal charges. Hire a competent attorney immediately. Do not talk to anyone about this, especially on the internet.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I am on informal probation for alcohol. I just had an overdose, which is now my 2nd. How likely is prosecution?

I went to the hospital, I was not charged or arrested, yet, I did not have anything on me, keys were not in ignition. Overdose was for opiates(fentanyl). Will a probation office be contacted? Should I get a lawyer? How do I know if they will decide to prosecute or not? Probation is for reckless... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 10, 2021

If no criminal charges were made, then probably no violation has occurred. It is possible the State will learn of violating your Probation Order, but stay away from drugs, work, and you will probably be alright for the next 11/29.

1 Answer | Asked in Products Liability, Criminal Law and Appeals / Appellate Law for Tennessee on
Q: Is there anyway to get back my vehicle after Tennessee seized it for transportation of illegal narcotics?

I have filed an appeal but because I was unable to afford an attorney I was forced to represent myself and since I didn't know what I was doing the judge ruled for Tennessee to keep it. I have the option now to ask for a stay and file another appeal to thebest of my understanding. If anyone... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 10, 2021

You will need an attorney and money, or forget about it.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is there anyway to get back my vehicle after Tennessee seized it for transportation of illegal narcotics?
Anthony M. Avery
Anthony M. Avery answered on May 10, 2021

If it was seized pursuant to a Forfeiture Warrant, then you must immediately demand a Hearing with the DOS, posting Bond. You will need a competent attorney.

1 Answer | Asked in Criminal Law for Tennessee on
Q: My daughters car was seized 4 days after her boyfriend was pulled over and arrested on drug charges. How does she get it

They had her come and get car from spot they arrested him and then seized car 4 days later from her apartment parking lot

Anthony M. Avery
Anthony M. Avery answered on Apr 29, 2021

If it was a Drug Forfeiture Warrant, then you must immediately demand a DOS Hearing and post Bond. But if it was seized as evidence, then the State has it and you will not get it back until the Criminal Court Judge orders it, upon Motion.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If a person has 3 drug misdemeanor' s expunged,will it count as a felony if he gets a new drug charge?
Anthony M. Avery
Anthony M. Avery answered on Apr 20, 2021

If the Misdemeanor Charges are Dismissed and Expunged, noone is going to know about the arrests/charges in first place. Those are not Convictions. Further they would have nothing to do with a new drug Charge. But drug Charges are usually Felonies anyway, as rarely do LEO's charge for... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is tampering with evidence a felony in Tennessee
Anthony M. Avery
Anthony M. Avery answered on Apr 20, 2021

Class E Felony

1 Answer | Asked in Criminal Law for Tennessee on
Q: If they said I had to sign a ticket for criminal trespassing but then did not have me sigh can they still charge me
Anthony M. Avery
Anthony M. Avery answered on Apr 14, 2021

Misdemeanor Charges must be initiated within 1 year of the offense. So yes, you can still be charged by Citation or Arrest Warrant.

1 Answer | Asked in Criminal Law for Tennessee on
Q: In Tennessee what's the sentencing on charges for a felon in possession of meth (1.2 grams) and possession of a firearm
Anthony M. Avery
Anthony M. Avery answered on Apr 8, 2021

That would probably be around 8 years, at least 35 percent. The Judge could definitely sentence you to at least 12 years. However without any other facts, I cannot be any more specific. You need to ask your attorney who apparently is working out a plea for you. The firearm charge is either 3... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a suspect be charged on a first overdose if the other drugs found are not the drug he overdosed on?
Anthony M. Avery
Anthony M. Avery answered on Apr 7, 2021

Not sure of the question, but anyone suspected of supplying drugs to a victim can be charged with homicide. The actual drug causing death would be a defense possibly. That defense does not keep a DA from going after anyone involved in the drug transaction, but might be used at Trial.

2 Answers | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If I was arrested for domestic battery but got a misdemeanor charge how does that affect my gun rights
Anthony M. Avery
Anthony M. Avery answered on Apr 6, 2021

The Charge is probably Domestic Assault. A conviction means you cannot touch a firearm or ammunition. Without fail hire a competent attorney to get the Charge Diverted, Dismissed and Expunged. The end result is what counts, not whether you are guilty or not.

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1 Answer | Asked in Criminal Law and Collections for Tennessee on
Q: What if my offender was paying me restitution and passes away
Anthony M. Avery
Anthony M. Avery answered on Apr 5, 2021

You might check to see if there is an Estate to file a Claim against. Otherwise, you might call the DA and see if there are any remaining paid in funds to receive. Finally you may check to see if the Defendant had assets which would justify a suit for Damages, if within the SOL.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is a 3 year sentence good if your not on probation or anything, on a theft of a vehicle- charged theft over $2,500.

Vehicle not damaged, it stayed in the same county, and had a key

Anthony M. Avery
Anthony M. Avery answered on Apr 2, 2021

Not sure of your question, which really ought to be addressed to your lawyer. If no Probation then you must be serving 3 years in the Penitentiary. Your Range status is not mentioned which is critical. Most important does the State have enough evidence to convict you? Do not be making... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Under the influence while in poscion of fire harm marajana no blood work no evdince .while driving my car ,He followed

The officer followed me two miles and when I crossefd the county line and drove another 1/4 of a mile turned on lights in I pulled over he found a pice of a hemp CIG in my front set and then hand cuffed me and ask if anything eles in the car he should know about and I tolled him about my gun .At... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 29, 2021

You have not stated the asserted reason for the stop. Motion to Suppress may be in order. You will need a competent attorney to prepare for the Preliminary Hearing, the Suppression Motion and possibly Trial.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Looking at Tennessee's firearms laws, where does it say that it is illegal to carry a loaded long gun?

Carry what is the definition of carry for firearms, on your person, in a vehicle, where?

Anthony M. Avery
Anthony M. Avery answered on Mar 29, 2021

The crime is Carrying a Weapon With Intent to Go Armed. Class A Misdemeanor. Legal carrying is described.

1 Answer | Asked in Criminal Law for Tennessee on
Q: As a land owner, do I have to register no trespassing signs at the courthouse to enforce the no trespassing law?
Anthony M. Avery
Anthony M. Avery answered on Mar 26, 2021

No, they cannot be made of record. Posted signs need to be completely filled out with the name and address of the owner. Be careful displaying firearms when confronting trespassers. Call the law and do not give them an opportunity to claim you assaulted them.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can sentences run concurrently on different cases in the state of Tennessee?

My son was found guilty in one case and has been sentenced. He has another case in which a plea deal has been offered but he has to make parole for the first sentence and then complete the second. Can this sentences not run together?

Anthony M. Avery
Anthony M. Avery answered on Mar 25, 2021

Different criminal convictions can have the sentences run concurrently. But it is very difficult to get all the DA's and Judges to so agree, which needs to be specifically stated in all the Judgments of Convictions. Usually they will not agree and the sentences run consecutively. If all... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: My husband was charged with a Demostic Assault charge and they took him to jail and when he got off on bond they did a

Temporary restraining order that I did not but on him and I told them not to lock him up but they did they told be it was a Tennessee law and I did not press any charges this the first time this done happened we been married for three years and this just blew out of proportion and in trying to see... Read more »

Cayley Turrin
Cayley Turrin answered on Mar 16, 2021

You can hire him a lawyer to modify the bond conditions but this is normal in Tennessee.

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