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Tennessee Questions & Answers
1 Answer | Asked in Criminal Law and Divorce for Tennessee on
Q: How do you find a pro bono lawyer for Warren Tennessee? I have had no luck in finding a lawyer.
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 2, 2020

Try calling the local bar association, or the judge should be able to appoint one for you.

1 Answer | Asked in Immigration Law for Tennessee on
Q: If I am in the US under an L visa, will I be able to reenter the US from a trip to Mexico under current COVID guideline
Kyndra Mulder
Kyndra Mulder answered on Jul 2, 2020

You do take a risk of higher scrutiny by leaving the country.

A current valid visa - provided you are in compliance with the terms of your visa - should be honored.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How do I apply for a pro bono lawyer?
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 1, 2020

You can ask the judge to be appointed a District Attorney or other lawyer. You can probably call your local bar association and see who is doing pro bono work.

2 Answers | Asked in Criminal Law for Tennessee on
Q: Does a warrant for arrest ever expire?

Misdemeanor charge with no conviction & defendant lives out of state across the country

Anthony M. Avery
Anthony M. Avery answered on Jul 1, 2020

The Misdemeanor SOL requires institution of the criminal prosecution within 1 year of the alleged incident. There is no SOL for the prosecution to occur. Some DA's will actually conduct Trials In Abstentia, just to get a conviction and a maximum sentence to be served when the defendant is... Read more »

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1 Answer | Asked in Criminal Law for Tennessee on
Q: I have an old criminal case I am trying to resolve, and I need to speak with a lawyer
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 1, 2020

This is a question and answer forum. I would go through your local bar association and consult with a lawyer.

1 Answer | Asked in Estate Planning for Tennessee on
Q: my children’s trustee refuses to give me any information regarding my children’s trusts and also has refused to pay any

installments claiming they can only be for educational and medical when it clearly includes maintenance and adequate care she has put in writing that she is aware now if ever the kids need disbursements because of our financial impact with the covid situation but says she isn’t allowed for any... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 1, 2020

There is at least a 50% chance that what the children’s trustee is telling you is correct, but if you want a second opinion, you can take the trust to an attorney to review it. Look for an estate planning attorney or an attorney who does fiduciary litigation.

1 Answer | Asked in Uncategorized for Tennessee on
Q: I have a friend who fail to appear in court today.

Their court date was today but they also went to a funeral today and it slipped their mind so would it be better to turn themselves in in the morning or now

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

Your Friend needs an attorney, who will bring him to Court at the first available Hearing day. Then his file can be located and the situation explained. He wants to do this before a capia or fta issues, or worse, a bounty hunter comes after him.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: If you had a dui. Do you have to go through all of that stuff if you don't want a driver license just an id?
Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

Not sure of your question. But DOS issues ID Cards and will require Birth Certificates or your old TNDL, at least. And completing a DUI Sentence is usually not required, but could cause other problems.

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: A builder wants to run his personal utility lines through my property against my protestations, can I prevent this?

The builder has purchased land behind my property to build his personal residence, and rather than follow the road to install his utilities he wants to cut through my property to shorten the distance and cost of installation. I've informed him we will not allow this action, and he is... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

You will need to hire a competent attorney now to conduct title searches on each tract. Then request Chancery to issue an Injunction after you post a Bond. It will be expensive and difficult, and you could lose due to his necessity. Once the lines go up, you have effectively lost.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Deed to property has my name and my fiance's name on it. What are my legal rights to the property

If he passes away before we are married, with or without a will... What are my rights to the property? Both our names are on the deed.

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

You did not give the exact granting clause. But I assume both of you are Tenants In Common of One/Half Undivided Interests each. Have a lawyer, even in OH look at the Deed and tell you what it says. If T in C then the 1/2 Interests go to the respective Decedents' Heirs or Devisees. Other... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: My 29yr old daughter passed away and she lived with her grandparents. Can I retrieve her belongings?

She was disabled and had nothing of real value. The grandparents are refusing to give me any of her possessions. What is my recourse?

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

Small Estate Affidavit might work with you as the Administrator.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Is it lawful to wear a mask while carrying a concealed weapon?
Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

Certainly since we have no concealed weapon laws in Tennessee. Handgun Carry Permits work with or without the virus mess.

1 Answer | Asked in Criminal Law and Traffic Tickets for Tennessee on
Q: 2 days ago I was pulled over, because they were looking for owner of car

When I was pulled the officer simply stated " oh you are not ( name of person car is registered to) " the officer then asked my name and dob, apologized and let me go. Today (2 days later) an officer came to my home to serve me a summons to appear in court for an arraignment because my... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

If the Officer saw you operate a vehicle while unlicensed, then it will be very difficult to get it dismissed. A mistaken reason for a stop is usually held to be a good stop for reasonable suspicion of a crime. Even if you made a Motion To Suppress, it would either be ignored or the LEOs would... Read more »

1 Answer | Asked in Car Accidents for Tennessee on
Q: Nationwide insurance company revoked my License About 10 years ago I’ve been trying to get them back

Backed into A car in the park no court date no police officer I gave the guy my information I did not have insurance then I got a letter from nationwide insurance company to pay $1500 did not have it at the time and did not know where to send it to but would like to resolve this possible

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

If you have a TN DL, then call the TN Department of Safety, Financial Responsibility Section. Apparently you may have to get a release from Nationwide.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: I'm going through a eviction notice just got back to work how much time do I have to move out or could there be payment
Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

Not sure of your question. But you have been told to leave soon. If not, the owner will prosecute a Detainer Warrant against you, which can take three to six weeks.

1 Answer | Asked in Employment Law for Tennessee on
Q: How much is an employer in Tennessee required to compensate mileage for business travel using personal vehicle?
Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 30, 2020

You should talk to an accountant- It is my understanding Federal and Tennessee law does not require an employer to pay mileage unless as a result an hourly employee will drop below the minimum wage. A good guide is the IRS guideline on the mileage rate that can be checked on the IRS website.... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Tennessee on
Q: Is it more likely that I am facing jail time or probation?

I am 19 facing a DUI charge. I made the terrible decision to drive after I was drinking with some friends. I did not really know my limit; therefore, I was too intoxicated. Prior to that I smoked marijuana so I know that both substances will appear in my blood sample. The violation listed on my... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jun 30, 2020

I would hire a competent local criminal defense attorney. At a very minimum, you will spend 48 hours in jail, perhaps more with the marijuana charge. You will have to attend a DUI class and pay fines and court costs.

If you want a license, you will have to pay for an ignition interlock...
Read more »

3 Answers | Asked in Bankruptcy, Consumer Law and Collections for Tennessee on
Q: I own a home and a RV. All credit card debt is paid off. The RV payment is to high. We owe more than the RV is worth.

What are my options to keep my house but to get rid of the RV?

David Luther Woodward
David Luther Woodward answered on Jun 29, 2020

Depending on your actual financial and cash flow position, a Chapter 7 might be what you are interested. If the RV is your only debt bankruptcy seems a bit extreme; however, it is what the number say.

Good Luck

d

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1 Answer | Asked in Contracts, Civil Litigation, Civil Rights and Landlord - Tenant for Tennessee on
Q: What should I do if I am told I cant come back to the camper I live in being extorted and strong armed out of my home

I have a contract to buy/live in a camper. The other party is extorting me for more than agreement, and wont let me back In my home. I've already paid 2600 of the 3300 we originally agreed upon and now she wants an additional $1000 out of no where. I have been told if I am seen near the camper... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jun 28, 2020

I would retain a local attorney soon to file suit against the former owner of the camper. You can also call the police and make a charge of harassment or theft; however, I would let your attorney know before you do that.

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