Lawyers, Answer Questions  & Get Points Log In
Tennessee Constitutional Law Questions & Answers
2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Tennessee on
Q: I'm being wrongfully accused I am innocent there is witnesses an proof but the sheriff's won't accept any of it

They say 3 witnesses say I did it but I have 5 witnesses that can say I didn't and the video footage they have from my neighbor showing a vehicle leaving my driveway not being drove by me can show that I left 30 mins to an hour before it did what can I do when they seem determined to arrest me... Read more »

Cayley Turrin
Cayley Turrin answered on Mar 31, 2020

You should hire an attorney immediately for your case.

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Tennessee on
Q: My neighbor has several CCTV pointed at my property and he took footage of me an has police thinking I committed crime

Is it legal for him to do that if he didn't actually see who did the crime but he told police I did it an showed them pics of someone driving a vehicle and said it was me they have a warrant for me now an I'm innocent if they watch his cameras they would see me leaving before these other... Read more »

Shanone Emmack
Shanone Emmack answered on Mar 29, 2020

It is not illegal if your neighbor thought you committed a crime involving his property. If there is a warrant then you are going to need to call the Sheriff's department and see if they want you to turn yourself in. Because of COVID-19 , people with warrants are being booked then released... Read more »

1 Answer | Asked in Constitutional Law for Tennessee on
Q: What happens if I start a construction project that requires an NPDES permit but I do not even try to get a permit.
Tim Akpinar
Tim Akpinar answered on Mar 25, 2020

You need to pose this to a Tennessee attorney, but your post remains open for four weeks. Contact a Tennessee environmental attorney (there's a section here on that). You're talking about an environmental law matter more so than a constitutional law matter. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Tennessee on
Q: can The state legally request more documents

I filled for a concealed carry permit through the state of TN. After my background check was conducted they found that I was convicted of criminal damages to property- misdemeanor when I was 17, this was 14 years ago. The state has now asked for certified court documents on the case. However the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2020

You will have to provide the State the requested documents. The Department of Safety issues the HCP, and if they do not want to, they don't. If denied, you can file a declaratory action in General Sessions Court very soon after the denial. Denial of a HCP does not mean you necessarily... Read more »

1 Answer | Asked in Constitutional Law for Tennessee on
Q: In TN, if I was on a dating site and started talking to a person who claimed to be 25 then I got a call from the "father

And then this person said that this was actually a 16 year old and he is going to press charges. If this ended up with him asking for money. I realize that this would most likely be a scam but if it was real, can I actually be arrested amd prosecuted for this? This is deeply troubling.

Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2020

Do not ever contact them again. It may be time for a new computer and phone.

1 Answer | Asked in Criminal Law and Constitutional Law for Tennessee on
Q: My son was the last person to see someone. Now his a suspect and are insinuating he did something when he didn't. Theve

Lied a lot to us . soddy daisy police department specially on Facebook

Anthony M. Avery
Anthony M. Avery answered on Jan 13, 2020

Son needs a competent TN attorney now. Maybe he will never be indicted, but if he does, he will be ready.

Q: Ok..this idea was originally stole from me by inventionland or davison. We live in a habitat for humanity home....

Now I was told christmas and my birthday the patent along with the buisness is mine I'm ne ceo.... now theres patents for humanity my land lords surely cant steal my riches and my buisness... there're non proffit.... for one thing. And for 2 none of this was or is possible with out me its... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jan 13, 2020

I am so sorry that you had a bad experience with this firm. I am not familiar with them, but that industry of helping inventors has many bad apples.

There are a number of invention promotion firms that take money from inventors and provide little or no value back. I do not know all these...
Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Probate for Tennessee on
Q: I was pulled over in my deceased uncles car. They found a gun and drugs. wasn't charged for gun can they keep it

The car and the gun was in my uncles name, the drugs wasn't mine. The cops let my friend take car. I was told I could get my gun when I got out of jail. Then when I went up there they wouldn't let me have it. Im fighting the drug charges. Im not being charged with a felony. Since the gun... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 4, 2020

Felony charges might occur at Grand Jury. If there is a Probate, Administrator should ask Court for return of firearm. But it is probably not worth the trouble, and may again result in more charges. Hire a competent attorney, but you being in possession of drugs and firearm are themselves... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Tennessee on
Q: How does a citizen get help when a officer enters property with no reason

A officer pulled into a private drive way and questioned the 2 men in the truck and physically pulled them out of window put in police car and took to jail, NO CRIME WAS COMMITED No one called ask for police to pull in to property, pleaced the passenger on a outrageous charge of Cocain not a drop... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 12, 2019

It may well have been a legal stop, but a motion to suppress should be plead anyway. The LEO will claim he had knowledge of a contraband transaction, and apparently he was correct. The Defendant needs a competent attorney.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Tennessee on
Q: Can someone refuse a lie detector test if so can they refuse with police involment.

What happens if refuse with police involment

Gary Kollin
Gary Kollin answered on Nov 11, 2019

I do not understand what "with police involvement" means

Anyone can refuse a polygraph

I suggest contacting an attorney before you talk or take any action

1 Answer | Asked in Constitutional Law and Criminal Law for Tennessee on
Q: I was pulled over by a gibson tennessee city police officer over a mile outside the city limits. How is this legal

He said I swerved so he pulled me over. But I was over a mile outside of gibson when he said he observed me swerving and then lit up his blue lights. Isn't that beyond his jurisdiction

Anthony M. Avery
Anthony M. Avery answered on Nov 8, 2019

There is sometimes a County Ordinance that allows the City Cops to exercise jurisdiction in the County. In this case though the Officer will claim he observed your Rule of the Road Violation in the City then followed you. What Court is it in? But be respectful and maybe the Judge will Divert... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Tennessee on
Q: Can a lawful conceal carry permit holder carry their firearm loaded?
Anthony M. Avery
Anthony M. Avery answered on Oct 16, 2019

In Tennessee we have "Handgun Carry Permits", not concealed carry permits. But yes, you can carry your weapon loaded with ammunition, including in the chamber, as long as you have a Handgun Carry Permit. Possession of the weapon can be open or concealed. The possible issue has to do... Read more »

2 Answers | Asked in Constitutional Law for Tennessee on
Q: What action can I take to know my rights and responsibilities as a juror on jury duty?

I have been drawn to be qualified as a juror on August the 30th, which is something I've never done (I'm 35 years old)

and I don't know my rights and responsibilities as a juror; what I can, what I can't do.

Bennett James Wills
Bennett James Wills answered on Aug 23, 2019

The court should have provided you with instructions on where to be and when. Usually there's a dress code. Otherwise, show up as instructed and follow the court's directions when you are there.

View More Answers

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: Is it unconstitutional for an SOR to make you register as a sex offender an offense that is not a sex offense

Indecent exposure is not a sex offense in TN and does not require registration, if violation was in TN. If same violation is from another state they make you register

Cayley Turrin
Cayley Turrin answered on Jul 28, 2019

If it is required in the state you were convicted in then it is required in Tennessee.

1 Answer | Asked in Contracts, Child Support and Constitutional Law for Tennessee on
Q: If child support is funded by federal grants, how can DHS require repayment? isn't that fraud?
Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 16, 2019

YOu might get more answers if you posted this under family law. But from a general standpoint- DHS would likely be authorized to carry out the program and to seek reimbursement of payments made.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Was is unlawful possession carry for first timers.and what if they got the guns out my house?
Anthony M. Avery
Anthony M. Avery answered on Jul 10, 2019

You probably got arrested/cited for Going Armed, which is a Class A Misdemeanor. That is a 11 mo/29 days possible Sentence. If LEO's took your weapons, then they may have had legal justification or they may not have. Since there is a Criminal Charge you must be careful how you demand and... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: Where would I call to file a criminal charge for official misconduct on tn city employee, no response from demand letter

We sent a demand letter to the city a few weeks ago and recieved no response. Whom do we contact to file a criminal complaint on a city employee for official misconduct.

Anthony M. Avery
Anthony M. Avery answered on Jun 26, 2019

Your demand letter in conjunction with a criminal complaint could possibly be construed as extortion. If you still wish to pursue, then call the Sheriff, then Police, then District Attorney General. Finally you have a statutory right to file an affidavit in support of being heard before the next... Read more »

View More Answers

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Landlord - Tenant for Tennessee on
Q: Hotel Occupancy T.C.A. 67-4-4(7). Does the police not have to enforce the law whether civil or criminal?

My husband and I checked in on 8/30/2018. We have been here continuously, since. I have receipts to prove this. With that TCA, does the police not have to enforce the law as stated, even though it is civil? This hotel also turned our power off, and I know this is illegal as well, so I flagged a... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 13, 2019

You are incorrect. The Police enforce criminal law violations. It is up to the citizen or the civil authorities to enforce common law, statutes and equitable principles in the Courts of our State. You may have a cause of action to sue for damages or to enjoin what you believe are illegal... Read more »

1 Answer | Asked in Constitutional Law, Land Use & Zoning and Real Estate Law for Tennessee on
Q: If I am renting a house to own from a individual and bank forecloses on it what rights do I have?

Having minor children. And doing all repairs myself

Anthony M. Avery
Anthony M. Avery answered on May 23, 2019

The Bank will take subject to your status as a renter. But it is very easy to declare you in default and file a Detainer Warrant on you. You get served then go to Court. If not out after 10 days , the Bank will get a Writ of Possession issued and executed by the Sheriff. The Bank is the owner... 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.