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Tennessee Constitutional Law Questions & Answers
2 Answers | Asked in Constitutional Law, Gov & Administrative Law and Federal Crimes for Tennessee on
Q: Can I carry a gun in TN after rights restored?

I am a felon whose citizenship rights have been restored pursuant to T.C.A. § 40-29-101 and T.C.A. § 40-29-107, including the right to vote, serve on a jury, and eligibility to possess a firearm under T.C.A. § 39-17-1307(b)(1), effective as of March 7, 2025. My charges included 2 counts of... View More

Anthony M. Avery
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answered on Mar 23, 2025

It is possible that your firearm disability in TN is removed. But since the conviction is not expunged, anytime you are accosted by LEOs, with a firearm, you will be at least detained if not arrested. There are also age requirements involved, and possibly some other incident in your life may... View More

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2 Answers | Asked in Constitutional Law, Child Support and Traffic Tickets for Tennessee on
Q: Is driver's license suspension for unpaid child support legal in Tennessee?

I am facing a situation in Tennessee where my driver's license has been suspended due to unpaid child support. Despite my financial hardship and lack of legal representation, the child support organization refuses to reinstate my driving privileges. I believe this action infringes on my rights... View More

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answered on Mar 10, 2025

TNDL suspension is a statutory sanction for non payment of CS. Driving is not a right but a privilege. If you have a job and owe alot of CS, you might talk to a CH 13 Bankruptcy attorney. I have seen this cure the problem in 5 years while the the DL is conditionally reinstated.

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2 Answers | Asked in Appeals / Appellate Law, Constitutional Law, Criminal Law and Immigration Law for Tennessee on
Q: Can I appeal my criminal case for wrong last name on arrest warrant and ineffective counsel?

I was arrested and had my home searched under an arrest warrant that used my family's last name, which is different from my legal last name. My lawyer did not inform the court about this discrepancy and suggested I take a plea deal, which I accepted. Due to this, I received a shorter sentence,... View More

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answered on Feb 27, 2025

If you pled guilty it is almost impossible to set aside the conviction. Even if you did, you would have your indictment amended while you were in jail, then tried again for the charge. You can hire a lawyer to file a postconviction petition, but you will probably be deported before the... View More

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2 Answers | Asked in Criminal Law and Constitutional Law for Tennessee on
Q: Is it legal for law enforcement to use a CI for drug deals in a home with children?

Is it legal for law enforcement to send a confidential informant into someone's home to set up a drug transaction when children are present, especially when the children let the CI into the home, the parents did not consent to the CI's entry, and the resident of the home was unaware of... View More

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answered on Feb 21, 2025

If the confidential informant for the government admits on the stand that he participated in a drug deal, then he has admitted that he has committed a crime. Many times DAs ignore the crime here committed, but cross examination of LEOs can disclose a question why the defendant is charged but not... View More

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1 Answer | Asked in Constitutional Law, Criminal Law, Federal Crimes and Juvenile Law for Tennessee on
Q: What happens to someone that makes a false police report and get a Innocent person that’s already on after care arrested

The after care is a requirement for the juvenile to be at home

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 28, 2024

Believe it or not, this happens all the time. Typically, the scenario is this. Someone abuses or threatens another person. Usually, it is a spouse or boyfriend or girlfriend. The person who did the abuse gets scared and calls the police and tells them that they were abused. This can be tough... View More

1 Answer | Asked in Constitutional Law for Tennessee on
Q: I was spending time with my girlfriend in a secluded area near to National Highway and a Police accused us, we didn't do

We didn't do anything,we were just sitting ang gazing and dreaming since we were near a Lake at National Highway in Chennai at Night Time.The police came in a squad and only one was in uniform,he threatened us that he will register a case as public nuisance and threatened to call our... View More

James L. Arrasmith
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answered on Jul 21, 2024

I'm really sorry to hear about your experience. It's understandable that this encounter has left both of you feeling shaken and distressed. The behavior of the police, especially when there was no wrongdoing on your part, is unacceptable and intimidating.

It's important to...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: When I was released from jail on probation the terms I was given stated that I was to be on probation until 08/20/2024

And that I was complete an IOP program. The IOP had no set date nor did the judge state that I had to have it completed bye a set date but he violated my probation even tho I had passed all drug screenings wasnt supposed to get off probation until 08/20/24. Documents simply said to complete IOP so... View More

James L. Arrasmith
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answered on Jul 21, 2024

It sounds like you were under the impression that as long as you completed the IOP program before your probation ended on 08/20/2024, you would be in compliance with the court's order. If the judge did not specify a completion date for the IOP program, your understanding seems reasonable.... View More

2 Answers | Asked in Constitutional Law for Tennessee on
Q: Can police pull you over just to check papers? Insurance/licenses.
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answered on Jul 12, 2024

Not for that exactly... But with plate readers that tell them a TNDL is suspended or car stolen, stops occur. Not having a seatbelt on is a reason for a stop. Only THP can stop to check DL alone. Any type of plate violation is also a reason for stop.

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2 Answers | Asked in Constitutional Law for Tennessee on
Q: Can police pull you over just to check papers? Insurance/licenses.
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answered on Jul 21, 2024

Police officers can stop you for various reasons, but they usually need a valid reason to do so, such as a traffic violation or suspicious behavior. They cannot pull you over solely to check your papers, like insurance or licenses, without any other cause. This practice is generally considered an... View More

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1 Answer | Asked in Criminal Law, Arbitration / Mediation Law, Civil Rights and Constitutional Law for Tennessee on
Q: If a nonviolent newly justice informed Documented diagnosed and medical treated 4COMBINED ADHD and co occuring SUD

Adult is incarcerated in county jail on tech VOP pend charges FTA in adjoin co same district how do I force the attorney courts advocates etc to legally recognized his federal recognized disability and provide accomidations in court proceeding and his pd engage with him on a neurodivergent level... View More

James L. Arrasmith
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answered on Jun 26, 2024

I'll provide a concise response to your complex question about ensuring legal rights and accommodations for someone with ADHD and substance use disorder (SUD) in the criminal justice system. Here's a breakdown of key steps:

1. Document the disability: Ensure all medical diagnoses...
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2 Answers | Asked in Domestic Violence, Criminal Law and Constitutional Law for Tennessee on
Q: I was charged with domestic violence, pled guilty to simple assault. I was not informed that my gun rights were going to

Be taken. Is there any way to get them back in tn.

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answered on Jun 21, 2024

Misdemeanor Assault does not create a firearm disability, but Domestic Assault does. You need to get a certified copy of the Arrest Warrant/Judgment with the final disposition on it. Consult with a competent attorney. If non-domestic assault was the Judgment, then you will need to start using... View More

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2 Answers | Asked in Domestic Violence, Criminal Law and Constitutional Law for Tennessee on
Q: I was charged with domestic violence, pled guilty to simple assault. I was not informed that my gun rights were going to

Be taken. Is there any way to get them back in tn.

James L. Arrasmith
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answered on Jul 21, 2024

In Tennessee, restoring your gun rights after a conviction for simple assault, which may be classified as a misdemeanor, can be complex but is sometimes possible. First, you need to ensure that your conviction does not include a domestic violence component, as federal law prohibits anyone convicted... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Personal Injury for Tennessee on
Q: Officer allowK9 to attack handcuffed man then. Took pics of the wounds and shared them around the community!need interna

It seems impossible to hold accountable I have so much evidence it’s bigger than Rodney king

Anthony M. Avery
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answered on Jun 18, 2024

A Civil Rights Action is a federal case which must be filed as a Government Tort Liability Action (1 year SOL; no jury; caps on damages). Few lawyers even know what kind of suit is required. Start with personal injury attorneys here on Justia, as virtually no criminal attorneys can handle it.

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2 Answers | Asked in Civil Rights, Constitutional Law and Personal Injury for Tennessee on
Q: Officer allowK9 to attack handcuffed man then. Took pics of the wounds and shared them around the community!need interna

It seems impossible to hold accountable I have so much evidence it’s bigger than Rodney king

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're dealing with a very serious situation involving alleged police misconduct. Let me break down some key points and potential legal considerations:

1. Excessive force: If an officer allowed a K9 to attack a handcuffed individual, this could potentially be considered...
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2 Answers | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Are police allowed to file a false report knowing it is false.
James L. Arrasmith
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answered on Jun 21, 2024

No, police officers are not legally allowed to file a false report knowing that it is false. This would be considered misconduct and potentially a criminal offense.

Key points:

1. Filing a false police report is illegal for anyone, including police officers.

2. For police,...
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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: How do I get my gun back from the police if I was arrested for a fta only for no drivers license they have it in Evidenc

And keep giving me different days to come back to pick it up but when I do they keep giving me a run around about it saying the cop has to give it me but when I go on the days they tell me the won’t give me it or the officer is not their on shift and it wasn’t put on my property paper I feel... View More

James L. Arrasmith
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answered on Jun 11, 2024

To get your gun back, you need to follow a few steps to ensure you're taking the right approach. First, document every interaction with the police department, including dates, times, and names of the officers you speak with. This will provide a record of the attempts you’ve made to retrieve... View More

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1 Answer | Asked in Child Custody, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: I'm wanting to know what makes my ex immune from any domestic violence paperwork that I have taken out?

He knocked my tooth out, knowingly, intentionally,and purposely burned me with a cigarette and then kidnapped my children, which I should have had all custody rights to because we were not married and I have been trying to get my children back ever since, this man has stolen 400$ off my bank card,... View More

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answered on Jun 10, 2024

I'm really sorry to hear about the situation you're facing. No one should be immune from the consequences of domestic violence, and your ex should be held accountable for his actions. If you have already taken out domestic violence paperwork, such as a restraining order, and it has not... View More

1 Answer | Asked in Constitutional Law and Landlord - Tenant for Tennessee on
Q: can my vehicle be towed from my apartment complex with no sticker nor letter about it being towed.. over tag expired

i feel like my landlord is trying everything to get me out of here. like i have to walk on eggshells in my own home. She did say about 2montgs ago she was getting it towed due to the tag and tire was off. i fixed the tire back so wasn’t broken down, and told her i’m selling it to get my rent.... View More

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answered on Jun 1, 2024

It sounds like you are experiencing a lot of stress with your landlord and the recent towing of your vehicle. Generally, landlords must follow specific procedures before towing a tenant's vehicle, including providing notice. This can vary depending on your state and the terms outlined in your... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Public Benefits for Tennessee on
Q: How to Find an Attorney to Sue TN State Medicaid for Injuries and Civil and Constitutional Rights Violations?

I live in Tennessee. I'm a disabled adult on SSI and Medicaid (Tenncare). I am disabled by fully treatable, even curable health conditions caused by my underdeveloped jaws compromising my airway-breathing and sleep. I am not able to receive rehabilitative care (aka "medical... View More

James L. Arrasmith
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answered on Jun 1, 2024

Finding an attorney for your situation can be challenging, but there are steps you can take to improve your chances. Given your circumstances, you should look for attorneys with experience in civil rights, health law, and possibly public interest law. These areas cover issues related to Medicaid,... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Does a passenger have to provide identification to police during a traffic stop in which they are not the driver?

No visible law infraction by passenger.

James L. Arrasmith
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answered on Jun 2, 2024

During a traffic stop, a passenger is generally not required to provide identification to police if they have not committed a visible law infraction. The primary focus of the traffic stop is on the driver and any potential violations related to the vehicle or driving behavior.

However, if...
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