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Tennessee Civil Rights Questions & Answers
1 Answer | Asked in Traffic Tickets and Civil Rights for Tennessee on
Q: So i keep seeing videos of people claiming that it is in the Constitution that you don't need a d.l.to travel in the U.S

In a non commerce situation

John Michael Frick
John Michael Frick
answered on Sep 28, 2023

You do not need a drivers license to travel in the United States. You only need a drivers license you to operate a motor vehicle on a public roadway. You are free to walk across state boundaries with absolutely no identification papers.

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: How do I sue the state of Arkansas I was wrongfully convicted on 3-20-2008 Two correctional officer's assaulted me

How do I sue the state of Arkansas I was wrongfully convicted on 3-20-2008 Two correctional officer's assaulted me

John Michael Frick
John Michael Frick
answered on Sep 28, 2023

If you were wrongfully convicted and have since been exonerated of the crime, you may be entitled to exonoree’s compensation by statute.

Contact a criminal defense attorney in Arkansas who can advise you on the process to claim any statutory compensation you may be entitled to and what...
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1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: what can be done after a guilty plea if the judge and state ignore exculpatory discovery requests?

also there are many clear violations of the rules of judicial conduct and Tenn Sup Ct Rule10B

Anthony M. Avery
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answered on Sep 27, 2023

If the plea just occurred, a motion to withdraw plea should be filed immediately. If the Judgment of Conviction has not been entered, there is a chance of quashing the guilty plea. If later, then withdrawal is iffy. Otherwise an appeal of the Sentence may be the only real option besides a... View More

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: iM on a Interstate Compact from Ky to TN. MY parole officer and I have different dates as my EXP. Date by like 4 years?

all paperwork I have from the past says that my Exp. Date is 10/27/23 papers like my old time sheets from being inside, and my discharge papers from where I was released on parole in June of 2020 but Po has 9-1-27. I have a min and Max date that I can be released from depends on programs and... View More

Henry Ambrose
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answered on Sep 11, 2023

Contact the lawyer who represented you and get a copy of the signed judgement. That will have the exact sentence you are to serve. After that will come the method of calculation for that sentence. The state where you were convicted will have that authority and your lawyer should be able to contact... View More

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: I was served a summons last Wednesday from 2004 for a $43 dollar check was the statue of limitations not up?

I was arrested according to Tennessee code section 40-6-206 says for a misdemeanor 5 years to serve and I told them that at the county court house here and they said they just work there even the sheriff that booked me said it was a illegal arrest i need some help please

Anthony M. Avery
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answered on Aug 11, 2023

If it was initiated within 1 year of the offense, then charge is probably timely. Cheapest, easiest action is to bring cash to Court. If no victim appears, ask to dismiss. If victim there, ask DA to make restitution, costs, and get it Diverted, Dismissed, and then Expunge it. Might hire an... View More

1 Answer | Asked in Civil Rights, Criminal Law and Health Care Law for Tennessee on
Q: How long does a jail have to give a mental health person there medicine?
T. Augustus Claus
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answered on Jul 13, 2023

A jail is required to provide prescribed medication to an individual with mental health needs within 24 hours of admission. The jail is responsible for ensuring that necessary medications are administered as prescribed, taking into account any medical or mental health conditions of the individual.

2 Answers | Asked in Civil Rights for Tennessee on
Q: Can police or sheriff enter a locked gate that is posted no trespassing without a warrant or emergency

Then proceed to open the screen door then front door

John Michael Frick
John Michael Frick
answered on Jul 7, 2023

In the absence of consent, probable cause, or exigent circumstances, any evidence police or a sheriff recover under the facts presented cannot be used as evidence in a subsequent criminal proceeding. In addition, the officers involved may be liable in civil court for any damages they caused, for... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: If someone has been incarcerated since February 23rd and has only had their arraignment in TN is it lawful
Anthony M. Avery
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answered on Jun 27, 2023

It is probably a legal detention. Has a bond been set? Does he have an attorney? Is he at General Sessions or Criminal Circuit Court? If the Bond is too high, has he moved to lower it? These are all questions that should be addressed to his attorney. He probably needs to be... View More

1 Answer | Asked in Traffic Tickets and Civil Rights for Tennessee on
Q: Do I have to hand a police officer my ID in Tennessee or can I display it?
Anthony M. Avery
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answered on Jun 8, 2023

You will want to comply with LEO's request for whatever documents he asks for. If he does not ask for an item, then do not give it to him. Compliance with reasonable and lawful demands of LEOs at traffic stops helps alot with not being charged. Have vehicle documents ready to present to... View More

2 Answers | Asked in DUI / DWI, Civil Rights and Criminal Law for Tennessee on
Q: If you are arrested for DUI doe you have to be read your rights? If you request your medical Power of attorney and they

Ignored my multiple requests, doesn’t that violate my rights?

Jay Moreland
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Jay Moreland
answered on Jun 3, 2023

Police only have to read you your rights (Miranda rights) if they intend on questioning you after your arrest. Once you are detained, the officers should mirandize you and only get a statement from you after you've waived your rights to an attorney and against self-incrimination. Anything you... View More

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1 Answer | Asked in Employment Law and Civil Rights for Tennessee on
Q: Disability discrimination

I got a job offer from Toyota which I signed. I took a drug test and brought my epilepsy medicine with me. The drug testing place (who works directly for Toyota) is now refusing to release my test results to Toyota Hr until I provide them with a letter from my doctor acknowledging that I am capable... View More

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

Both the Federal government and many states have laws protecting the employment rights of disabled individuals, epilepsy is considered a disability. Often employers are required to undergo a discussion with the employee before making any decision that would deny them rights. It sounds like the... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: How can the officer add deadly weapon to my reckless endangerment charge after my paperwork States reckless endangerment

They added it after I bonded out of jail.

Anthony M. Avery
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answered on Apr 12, 2023

That was probably at General Sessions Court initially. LEO swearing out AWs can easily ask Judge to amend it or issue more AWs. It becomes a more formal process when Grand Jury Indictments are returned. Any defenses need to be brought up at the Preliminary Hearing on the Warrants.

1 Answer | Asked in Civil Rights and Libel & Slander for Tennessee on
Q: I have an audio recording of the police talking about my character and weight. Very specfic insults. What can I do?
James L. Arrasmith
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answered on Mar 29, 2023

If you believe that the police officers engaged in misconduct by making derogatory comments about your character and weight, you may have legal options available to you. One option may be to file a complaint with the police department's internal affairs division or civilian review board,... View More

2 Answers | Asked in DUI / DWI, Municipal Law and Civil Rights for Tennessee on
Q: Is a person allowed to have the vehicle picked up by owner if gets dui in tn.

My son got a dui in my truck. He asked if I could pick it up. It was walking distance for me. It was denied. It cost me 250 to get out. Just to towe a few miles. What are the laws

Brandon D. Fersten
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Brandon D. Fersten
answered on Mar 27, 2023

Yes, the Tennessee Supreme Court has actually held that a police officer must provide an individual the opportunity to make their own arrangements for their vehicle rather than inventory search the vehicle and tow it in a case called Drinkard. However, this issue only becomes relevant as far as any... View More

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1 Answer | Asked in Civil Rights for Tennessee on
Q: Is it illegal for the doorman to ask to hold your ID while you go get cash to pay the entry fee to the bar?

My friend works at a bank and says it’s illegal for anybody to ask for your ID and hold it.

James L. Arrasmith
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answered on Mar 5, 2023

It is generally not illegal for a doorman at a bar to ask to hold your ID while you go get cash to pay the entry fee. However, this practice may not be allowed by the policies of the bar or club, or may be considered improper by some individuals.

While your friend who works at a bank may be...
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1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Yes, I want to know if I can do anything about being discriminated against more than 2 times. One time the guy quit

The other few times I was made to drive a tow motor without knowing how, so my boss then taught me, another discrimination was the driver for the company ask me what my husband & i was going to do for Black History month. I treated these kids as my own and was hurt really bad. They would tell... View More

James L. Arrasmith
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answered on Mar 2, 2023

It is possible that you may have a legal claim for discrimination and/or retaliation under federal and/or state laws. Discrimination based on race, gender, or other protected categories is illegal in employment, and you have the right to file a complaint or lawsuit if you believe your rights have... View More

1 Answer | Asked in Civil Rights and Family Law for Tennessee on
Q: Can I get emancipated at the age of 16 without my parents consent
John Michael Frick
John Michael Frick
answered on Feb 12, 2023

Yes you can. It will be quite a bit more expensive, but it is possible. You need to demonstrate that you are financially and socially independent.

In most cases, teens seeking emancipation are actors or singers or athletes or inventors or entrepreneurs. If your parents object, the...
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2 Answers | Asked in Consumer Law and Civil Rights for Tennessee on
Q: Ive got a company calling me 18 times in the past 5 days. It is not a collection company, its a mortgage company. Help

They are not my mortgage company, and i am at the point of screaming into the phone that i do not want to talk to them. I am a truck driver so multiple calls from a company that I have nothing to do with is extremely distracting and they seem not to get the hint. I have declined their calls except... View More

Tammy Lee Hussin
Tammy Lee Hussin
answered on Jan 12, 2023

If the calls are automated and you have no business relationship with the mortgage company, you might be entitled to statutory damages under the Telephone Consumer Protection Act. If you answer the calls and you hear an automated voice prior to speaking to a live representative, you should reach... View More

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1 Answer | Asked in Civil Rights for Tennessee on
Q: Are police officers required to identify upon request?
Anthony M. Avery
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answered on Jan 1, 2023

No, and if they lie there is no retribution.

2 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: My son had been wrongfully charge and they are holding him without any evidence. Do i need attorney about his case
Brandon D. Fersten
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Brandon D. Fersten
answered on Dec 27, 2022

I definitely recommend hiring an attorney since your son has been criminally charged and depending on the nature of the charges he could be facing serious jai time, probation, becoming a felon and other potential consequences.

Additionally, if he is currently being held and unable to make...
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