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Tennessee Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Wrongful Death for Tennessee on
Q: can grand jury presentments be appealed or taken out of a county's initial jurisdiction if certain bias can be proven?

If the general public has reason and proof to believe that district attorney's offices/ law enforcement are being biased in their presentment of a case to a grand jury for indictment, what can be done?

Anthony M. Avery
Anthony M. Avery answered on May 21, 2019

Possibly nothing. But after Indictment the Defendant must defend against the charge. Improper Grand Jury proceedings might be argued at Pre Trial, Motion for New Trial or on Appeal. Without a clear Federal or State Constitutional violation that causes prejudice, no actionable error will arise.... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: The police keep showing up at my home without a warrant claiming to be looking for people. Can I file a lawsuit

They keep showing up numerous times a week without a warrant searching my home and harrassing myself and company. I was nice enough to let them search the first few times they came but now they keep coming 2-3 times a week claiming they don't need a warrant cuz of an anonymous call and cuz the... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Apr 30, 2019

It sounds like an abuse of power on their part. You should consult with a local defense attorney.

1 Answer | Asked in Contracts, Civil Rights and Education Law for Tennessee on
Q: Do I have to pay a school if I still do not have a contract after I have been asking for one?

Can I take a loss on this school that I am the only student that does not have a contract. I have finished my required hours for this trade. I started last year in May every time I ask for a contract I am referred as to "wait" or the instructor and owner says"I got you". Recently, I asked the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 25, 2019

Stop, look and listen--carefully: If you received the training you went to the school for then you MUST pay for it. Using the excuse of not having a contract will NOT work. Nor will the lame excuse do any good when the school sues you.

Stop calling them about the contract. You are now...
Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Can the police just look in your windows? Is this illegal search and seizure?

Was about to go to bed one evening, as i go to kiss my babies goodnight i notice the front door is open and my 2yr old is talking to someone. As i approach i notice it was the sheriffs dept. He began to tell me that when he knocked the door just came open and that they were here to serve a warrant... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 24, 2019

You have not stated if a Charge was made. If not, forget about it, but do not conduct illegal activities. If a Charge was made then hire a competent attorney to represent you at hopefully only General Sessions, but possibly Circuit Court. At Circuit you can file your Motion to

Suppress,...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Tennessee on
Q: I am confused on excessive force and unlawful search and seizure how does it constitute response to resistance only?

I have filed a civil lawsuit i was denied medical denied supervisors unlawfully detained and unconstitutionally detained after following order of a officer. My arms bleeding and several request for supervisors and medical treatment after officers told me go in my home then busted into my home... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 15, 2019

You may have a Government Tort Liability Action against the City/County and the Law Enforcement Agency. Contact a competent attorney to file suit, which is not a Jury Trial. However you may not have enough damages nor evidence. You have less than 1 year to build your Case and find an attorney.

2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for Tennessee on
Q: Can a police officer legally look inside your vehicle if not engaged in an active traffic stop with no probable cause?

The state of TN has adopted a policy of “rolling” enforcement facilities to combat distracted driving. Can they legally look inside your vehicle, even if it is just from the outside, if you have not committed a crime and there is no probable cause to believe you have committed a crime? Is... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Apr 3, 2019

They need probable cause to search your vehicle.

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1 Answer | Asked in Civil Rights for Tennessee on
Q: I was issued a card left for me from a warrant officer that I believe is for a civil suit can I be arrested

I called bail bonds and ask if they could check to see if I had a warrant and said I don’t could it be that I’m being issued papers for court or do I have a warrant

Anthony M. Avery
Anthony M. Avery answered on Apr 1, 2019

Usually a LEO that leaves a card for you is trying to serve you with a Civil Warrant or a Summons and Complaint. Rarely will a General Sessions Court or a Sheriff's Office tell you ahead of time they are looking to arrest you for a Criminal Charge.

1 Answer | Asked in Civil Rights, Communications Law and Internet Law for Tennessee on
Q: Can a corporation require me to give access to my phone at any time and expel me if I do not comply? And is this legal?

Im 19 and in a fraternity and our chapter advisor is making members sign a document that says, "Upon request of the fraternity service center, Province Archon, Chapter Advisor, or Executive Officer, I will immediately, without delay, open and share any electronic communication that I have been a... Read more »

Griffin Klema
Griffin Klema answered on Mar 22, 2019

It sounds like the fraternity is a voluntary non-profit organization. In the U.S. we enjoy what is called freedom of contract, which allows us to make agreements for all kinds of things. Sometimes agreements can't be enforced (even if you sign them). What the document is describing sounds draconian... Read more »

1 Answer | Asked in Civil Rights, Consumer Law and Real Estate Law for Tennessee on
Q: What can I do if someone attaches a hose to my house without permission multiple times a month

I've talk to their boss (landlords ex husband) and he said that he can use our water because he owns the house but he does not pay for my water bill.

Anthony M. Avery
Anthony M. Avery answered on Feb 18, 2019

If he owns the House, then yes, he can run a water hose to it anytime. You may wish request a surcharge on your Rent from the Landlord, but there is little you can do outside of leaving the Leasehold. If the water use was enormous each month, then this might be considered a Constructive... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: In Tennessee is it legal for a police officer to post surveillance camera footage from a home security camera

In Tennessee is it legal for a police officer to post surveillance camera footage from a home security camera onto Facebook of a person that had potentially broken into a home but was not shown in the video stealing anything?

Cayley Turrin
Cayley Turrin answered on Feb 1, 2019

It is legal. Unfortunately it is very unfair and puts that person in a bad light that may not have done anything wrong but it is allowed.

1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for Tennessee on
Q: I am a graduate student who is going to school in TN and I am from FL. In what state am I considered a resident of?

I am renting an apartment in TN and I plan to go to school in TN for 3 more years.

Gary Kollin
Gary Kollin answered on Jan 23, 2019

You can file a document called a Declaration of Domicile. Check with the county clerk's office

1 Answer | Asked in Civil Rights for Tennessee on
Q: Can someone start staying at my house as my daughters guest against my wishes?

I told her I didn't want her girlfriend living with me and she brought her over anyway and refuses to leave.

Anthony M. Avery
Anthony M. Avery answered on Jan 15, 2019

If you are the owner of the real property then you can file a Detainer Warrant at General Sessions Court. If you rent, then you may have to leave or call the Cops on the girlfriend when she gets out of line. If there are problems with your Daughter then you will need an Order of Protection... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Suppose you are on your farm, have a gun and accidentally shoot in someone...

Suppose you are on your farm, you have a gun, and you decide to shoot some cans, then you put the cans in a row above a piece of wood, start firing, and without realizing you shoot and kill a child who was playing hide-and-seek, which was hidden behind that wood.

Is it a fatality or a... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 31, 2018

Charges could range from Criminally Negligent Manslaughter to Second Degree Murder. Without Death the charge would probably be Reckless Endangerment or Aggravated Assault, and possibly Attempted Murder.

1 Answer | Asked in Family Law and Civil Rights for Tennessee on
Q: Dad died, no will. Stepmom now in nursing home. What can child do to get their 1/3 share before house is taken in TN?

It’s been 12yrs & now stepbrother is claiming everything since she’s out of house. His daughter has received nothing at all!

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Dec 31, 2018

From the very brief information supplied by this question, perhaps the daughter should file a "partition action." This is a specific type of lawsuit which in general, is used to clear up any title issues and force a sale ( auction) of the property. Consult an experienced real estate lawyer for... Read more »

2 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: i borrowed 1500.00 and paid 600.00 back. i missed a few payments and they took collateral. and are now suing me for

1400.00. how can they do this legally? is there anyway i can fight it?

Anthony M. Avery
Anthony M. Avery answered on Oct 16, 2018

Your issue is not criminal in nature. The Lender is probably suing you in General Sessions upon a Sworn Account. You must read whatever Financing Agreement you made with them, and you might offer the surrender of the Collateral to them. But that usually only accounts for part of the Debt, and... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: If an inmate escapes and receives 6 mths added to sentence can the jail also refuse to give good days and reclassify ?

Inmate escaped on work duty. Has been over a year. He was sentenced to 6 more months as punishment for escape. the jail administration says that he will not be reclassified to minnimum or receive 10 days a month good time because this is part of his punishment for escape . Is this not double... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 12, 2018

No that was the Sheriff attempting to unofficially give his Prisoner a break. The Prisoner is bound by the disposition on the Warrant or the Judgment of Conviction. And the new Sentence will be consecutive to it.

1 Answer | Asked in Business Formation, Business Law, Contracts and Civil Rights for Tennessee on
Q: where can I find TN common law rights on tranfer of reserved name or assumed name

session laws on Assumed Name or Tranfer of Reserved name

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Oct 3, 2018

Your question is unclear- there will be no "common law" on these issues. Any issues concerning a corporation's assumed name or reserved name are governed by the state statutes regarding corporations, and also perhaps the rules of the Secretary of States' office.

1 Answer | Asked in Civil Rights and Criminal Law for Tennessee on
Q: My dad gave a false report, police came with a search warrant for a person who was in our home without his knowledge

He didn't know this person was here, (she has a warrant for theft of property) and so he told the police that she wasn't, and where he thought she might be. This was early in the morning and the house was quiet as usual, she was asleep in a room he doesn't generally enter, with the door locked and... Read more »

Marcus Lipham
Marcus Lipham answered on Sep 28, 2018

What county are you in? Did your father give them permission to search the house? Sorry, but like a lot of similar situations, they require a lot of details in order to give a fair answer. The crime of “False Reports” in general is a specific intent crime, being that your father had to know he... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: I'm trying to find out who is the lawyer for my brother that just got to Blount county. And what are the charges

I can't find any lawyers for this county.

Gary Kollin
Gary Kollin answered on Sep 13, 2018

Yes,. No. Yes. That's right. No.

You provide no information to make any assessment.

Contact the clerk, the jail, your brother, hire an attorney for him

1 Answer | Asked in Libel & Slander, Personal Injury, Criminal Law and Civil Rights for Tennessee on
Q: What do I do about a( sheriff dupty) and a 911 worker posting false accusations about me on Facebook

Isn't that a cyber crime? Cyber

Bullying and harassment?

Peter N. Munsing
Peter N. Munsing answered on Sep 12, 2018

Violation of privacy, slander---get screen captures of the postings, go see a member of the Tenn Assn for Justice who handles those cases--they give free consults

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