Tennessee Questions & Answers by Practice Area
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Tennessee Questions & Answers
Q: I was arrested for theft at a department store and had not left or attempted to leave the store with the merchandise.
Anthony Marvin Avery's answer
You need to hire competent attorney now. Prepare for a Preliminary Hearing, conduct it, then move for dismissal as no theft of property occurred.
You need to hire competent attorney now. Prepare for a Preliminary Hearing, conduct it, then move for dismissal as no theft of property occurred.
Q: I have been setup and entrapped by a Lowes store. Two weeks prior I was informed about this. Defense?
Anthony Marvin Avery's answer
Entrapment is a Statutory Defense in Tennessee. It is relatively new and has only been actually used in State Courts a few times. You must have positive proof that you would not have normally committed the charged crime. You must testify effectively. All this is difficult. Hire a competent attorney to represent you, and possibly put on a good Preliminary Hearing.
Entrapment is a Statutory Defense in Tennessee. It is relatively new and has only been actually used in State Courts a few times. You must have positive proof that you would not have normally committed the charged crime. You must testify effectively. All this is difficult. Hire a competent attorney to represent you, and possibly put on a good Preliminary Hearing.
Q: I am 25 and was sexting a 17 year old but did not know he was 17 can i get in trouble
Anthony Marvin Avery's answer
Yes, you can be charged with both State and Federal Felonies. Do not tell anyone else what you did, such as posting this question. Time for a new phone/computer now. Never have any contact whatsoever with the kid. If charged, be silent and hire a competent attorney.
Yes, you can be charged with both State and Federal Felonies. Do not tell anyone else what you did, such as posting this question. Time for a new phone/computer now. Never have any contact whatsoever with the kid. If charged, be silent and hire a competent attorney.
Q: My twin boysare locked up for commit a crime 9 counts robbery of cell phones
Anthony Marvin Avery's answer
Those are probably all Felonies and could add up to several consecutive sentences if not addressed properly. Hire two competent attorneys now to lower their bonds and represent them at a Preliminary Hearing.
Those are probably all Felonies and could add up to several consecutive sentences if not addressed properly. Hire two competent attorneys now to lower their bonds and represent them at a Preliminary Hearing.
Q: Is it best to turn your self in with a lawyer.
Anthony Marvin Avery's answer
Almost always you want to go to Criminal Court with your retained Attorney. He might get a Bond set or establish several important hearing dates. Sometimes you might dispose of the Case at the first hearing. On Probation Violations it is quite possible that the Attorney cannot help.
Almost always you want to go to Criminal Court with your retained Attorney. He might get a Bond set or establish several important hearing dates. Sometimes you might dispose of the Case at the first hearing. On Probation Violations it is quite possible that the Attorney cannot help.
Q: What are my options if I fear losing my job for not performing a task that is a crime
1 Answer
| Asked
in
Employment Law, Elder Law and Health Care Law
for
Tennessee
on
Answered on May 25, 2018
Answered on May 25, 2018
Mr. Kent Thomas Jones Esq.'s answer
The category of your question, to me, falls into the question of whistleblowing. Whistleblowing is a charge if you are alerting and/or turning in your present employer for something that they are doing that is illegal. My advice to you is to consult with local legal counsel about the situation.
The category of your question, to me, falls into the question of whistleblowing. Whistleblowing is a charge if you are alerting and/or turning in your present employer for something that they are doing that is illegal. My advice to you is to consult with local legal counsel about the situation.
Q: Need a change of Venue form for Tennessee, and how to file a harrassment
1 Answer
| Asked
in
Criminal Law, Appeals / Appellate Law and Civil Rights
for
Tennessee
on
Answered on May 25, 2018
Answered on May 25, 2018
Anthony Marvin Avery's answer
I would put together any paperwork or charges that resulted from these apprehensions. Then seek out a competent Civil Rights Attorney. Without an Arrest, your case for Damages is not good, but it does make it more likely you will win a Government Tort Liability Act suit. After filing suit , you might discover his Incident Reports or the Dispatcher's Logs.
If you have less than a perfect record, it may not be worth pursuing. Act fast as only a year to file is allowed.
I would put together any paperwork or charges that resulted from these apprehensions. Then seek out a competent Civil Rights Attorney. Without an Arrest, your case for Damages is not good, but it does make it more likely you will win a Government Tort Liability Act suit. After filing suit , you might discover his Incident Reports or the Dispatcher's Logs.
If you have less than a perfect record, it may not be worth pursuing. Act fast as only a year to file is allowed.
Q: Where would real estate rent to own/land contract be filed, register of deeds or court house?
Anthony Marvin Avery's answer
You can record a Contract for Deed that has been Notarized at the Register of Deeds at the County Court House. But remember the Tenant owns nothing but the possibility of an Option to buy the Land. The Landlord can and will often file a Detainer for little or no reason. If the Lease is for three years or more, it must be recorded.
You can record a Contract for Deed that has been Notarized at the Register of Deeds at the County Court House. But remember the Tenant owns nothing but the possibility of an Option to buy the Land. The Landlord can and will often file a Detainer for little or no reason. If the Lease is for three years or more, it must be recorded.
Q: Is there a statute of limitations for the state to issue a warrant for failure to report to serve sentence?
Anthony Marvin Avery's answer
No Statute of Limitations apply here. But you are probably on some type of Probation which has not been completed, nor Costs paid yet. The Case is not outstanding and is considered disposed of, but some Probation Officer or Court Clerk might check into it and get a Capias issued for your arrest.
No Statute of Limitations apply here. But you are probably on some type of Probation which has not been completed, nor Costs paid yet. The Case is not outstanding and is considered disposed of, but some Probation Officer or Court Clerk might check into it and get a Capias issued for your arrest.
Q: Can a lease have a claus that waives protection for the lesser under T.C.A. Section 66-28-505.
Anthony Marvin Avery's answer
The Lessor can waive protection under the Landlord-Tenant Act, but he can still file a Detainer Warrant or sue for Property Damages.
The Lessor can waive protection under the Landlord-Tenant Act, but he can still file a Detainer Warrant or sue for Property Damages.
Q: If a piece of property was given to the prior owners of a lot does the property line shift to the original distance?
Anthony Marvin Avery's answer
You have not stated how the gift of 1 foot was made nor how long ago. These questions must be answered and will determine wheter you have Acquiesed to the new asserted boundary line your neighbors are claiming. More than likely both sides have Acquiesed to the Fence as is.
A suit to Determine a Boundary Line and Trespass may be your only alternatives.
You have not stated how the gift of 1 foot was made nor how long ago. These questions must be answered and will determine wheter you have Acquiesed to the new asserted boundary line your neighbors are claiming. More than likely both sides have Acquiesed to the Fence as is.
A suit to Determine a Boundary Line and Trespass may be your only alternatives.
Q: Can Tennessee dcs pull adult medical records without consent
Kimberly K. Schreiber's answer
I need more information, but generally you would have to sign a release for your medical records. There could be some reason that a there is a court order for medical records. You best option is talk to an attorney and go down to the court to make sure you have all the records in the file. There might be a court order or some other paperwork in the court file that would help you.
I need more information, but generally you would have to sign a release for your medical records. There could be some reason that a there is a court order for medical records. You best option is talk to an attorney and go down to the court to make sure you have all the records in the file. There might be a court order or some other paperwork in the court file that would help you.
Q: Can I get evicted for breaking up a fight in front of my apartment after the cops saw it was self defense?
Salim U. Shaikh's answer
To deal with eviction issue, did your LL delivered a proper notice of eviction? Is that properly delivered? Was it served within the given timeframe as outlined in your lease? etc. etc. Fighting or no fighting etc. is being used as an excuse. To defend your position, you must also obtain copy of police report so as to substantiate your claim.
To deal with eviction issue, did your LL delivered a proper notice of eviction? Is that properly delivered? Was it served within the given timeframe as outlined in your lease? etc. etc. Fighting or no fighting etc. is being used as an excuse. To defend your position, you must also obtain copy of police report so as to substantiate your claim.
Q: In the State of TN when a parenting plan has been put in place what will happen if child is withheld from either parent?
Kimberly K. Schreiber's answer
Yes, it is a misdemeanor or a felony depending on whether or not the parent withholding time is the Primary parent (PRP). You can file a Petition for Contempt and she will be required to appear and tell the court why she is not abiding by a court ordered Parenting Plan. If you are paying child support, be sure to keep up with all payments so you are complying with every aspect of the Parenting Plan. When you are doing all the right things for your child it really helps your case. Also, keep...
Yes, it is a misdemeanor or a felony depending on whether or not the parent withholding time is the Primary parent (PRP). You can file a Petition for Contempt and she will be required to appear and tell the court why she is not abiding by a court ordered Parenting Plan. If you are paying child support, be sure to keep up with all payments so you are complying with every aspect of the Parenting Plan. When you are doing all the right things for your child it really helps your case. Also, keep...
Q: Will dhr give me my child back after I've completed my court ordered classes? My next court date is in 6 months.
1 Answer
| Asked
in
Family Law, Child Custody, Domestic Violence and Juvenile Law
for
Tennessee
on
Answered on May 23, 2018
Answered on May 23, 2018
Kimberly K. Schreiber's answer
Unfortunately, the answer is "it depends." Court schedules, attorney schedules, testimony, continuances, it could be more than 6 months and even then you might not get complete custody returned to you. You need a good lawyer that is in juvenile court all the time. Someone who will push for speedy hearings and advocate for you.
Unfortunately, the answer is "it depends." Court schedules, attorney schedules, testimony, continuances, it could be more than 6 months and even then you might not get complete custody returned to you. You need a good lawyer that is in juvenile court all the time. Someone who will push for speedy hearings and advocate for you.
Q: My ex won't come get his stuff he left behind at my house, after living together for 10 yrs & its been over for 1.5 yrs
Kimberly K. Schreiber's answer
You need to consult your Marital Dissolution Agreement. It usually says that each spouse is keeping the personal property in their possession or provides details about the property settlement. If it doesn't provide any guidance you could send him a storage bill and a certified letter asking him to come get his property. You could also have an attorney send him a letter.
You need to consult your Marital Dissolution Agreement. It usually says that each spouse is keeping the personal property in their possession or provides details about the property settlement. If it doesn't provide any guidance you could send him a storage bill and a certified letter asking him to come get his property. You could also have an attorney send him a letter.
Q: What are our options?
Kimberly K. Schreiber's answer
Do you have a Permanent Parenting Plan? Have you been allowing her to see the child? There are lots of factors in Parenting Plans. If you refuse to let her see the child and there is no court ordered parenting plan, she needs to go to court to get permission to see the child (establish her rights). It is rare for the court to allow an absentee parent to move the child away from the only home, school and friends he has ever known. Consult with an attorney that regularly practices in...
Do you have a Permanent Parenting Plan? Have you been allowing her to see the child? There are lots of factors in Parenting Plans. If you refuse to let her see the child and there is no court ordered parenting plan, she needs to go to court to get permission to see the child (establish her rights). It is rare for the court to allow an absentee parent to move the child away from the only home, school and friends he has ever known. Consult with an attorney that regularly practices in...
Q: What are examples of exitgent circumstances when it comes to a parents relocation on a parent plan
Kimberly K. Schreiber's answer
If you are trying to move, you must follow the Parental Relocation Statute. It is on the last page of your current Parenting Plan. You can also look it up under TCA 36-6-108. Exigent circumstances could be a job loss, a sick family member that needs care, loss of a home to fire, and many others. Consult with a Family Law attorney to see if your circumstances might meet the criteria.
If you are trying to move, you must follow the Parental Relocation Statute. It is on the last page of your current Parenting Plan. You can also look it up under TCA 36-6-108. Exigent circumstances could be a job loss, a sick family member that needs care, loss of a home to fire, and many others. Consult with a Family Law attorney to see if your circumstances might meet the criteria.
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