Lawyers, Answer Questions  & Get Points Log In

Tennessee Criminal Law 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 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 Criminal Law and Probate for Tennessee on

Q: I’ve been on probation for 4 years I have 2 left can I get them unsupervised???

Anthony M. Avery answered on May 20, 2019

I do not know anything specific about your situation. But usually for my Clients that have paid their Court Costs, etc. and have not violated Probation, I make a Motion in Court to Modify the Sentence to a remainder of Unsupervised Probation. The are almost always granted. Get your lawyer to file... Read more »

1 Answer | Asked in Criminal Law for Tennessee on

Q: If in a relationship one partner stabs the other does that constitute a charge of attempted murder?

Anthony M. Avery answered on May 20, 2019

It can, or it might be charged aggravated assault. There are several possible crimes the State could bring.

1 Answer | Asked in Criminal Law for Tennessee on

Q: I was charged with theft under $500 2 years ago but now I’m getting charged with $1366 theft from my work place

What will be my income if I’m taking to court my employer gave me 3 weeks to pay that money but I just got new job and no I won’t start until the 27th of May and I wont get paid until the 5 of June I’m in the state of Tennessee just need help

Mr. Kent Thomas Jones Esq. answered on May 19, 2019

If you could re-think your question and rephrase it, maybe I could answer it. I have no idea what you are making or what your income will be.

1 Answer | Asked in Criminal Law for Tennessee on

Q: In Tennessee can I be detained at Walmart for not showing my receipt?

Mr. Kent Thomas Jones Esq. answered on May 18, 2019

Yes. Walmart is one of the most notorious companies for prosecuting theft, and they can detain you for not showing a receipt for the goods that you took outside of the store.

1 Answer | Asked in Criminal Law for Tennessee on

Q: My son unknowingly was sexting an under age person. What is the statute of limitations on pressing charges on this?

One of the under age persons parents are black mailing my son for money concerning this

Anthony M. Avery answered on May 18, 2019

There are several different Felonies that could be charged, so the SOL's could vary from 2 to 8 years from the incidents. Also the charges could be State or Federal. Your Son might want to hire a competent attorney to examine exactly what occurred. A new phone without any type of social media is... Read more »

1 Answer | Asked in Criminal Law for Tennessee on

Q: If a juvenile that just turned 17 is charged and convicted with sexually assaulting a 5 year old, will it stay juvenile?

No prior records at all, no confession, not even charged yet

Anthony M. Avery answered on May 15, 2019

He may never be charged, or they may wait until he is of age. As a juvenile he is entitled to a Transfer Hearing, which usually results in him being tried as an adult in Circuit Criminal Court.

1 Answer | Asked in Criminal Law and Civil Litigation for Tennessee on

Q: what can i do about a bondsman, that failed to notify me of my court date....

the bondsman failed to notify me of my courtdate after bonding me out. and insisted to lie about calling or sending me mail to confirm my courtdate. i had recieved a capius and had to file a motion to fix the issue. but now they are threatening to throw me back in jail because i told the judge... Read more »

Anthony M. Avery answered on May 13, 2019

It is your responsibility to find out your Court Date and show up to Court, not the Bondsman. Evidently you also do not have a decent attorney. Hire a competent attorney, go to Court, let your lawyer explain your failure to appear, be prepared to move forward on your Case that day, and if... Read more »

1 Answer | Asked in Criminal Law for Tennessee on

Q: Will a range 2 offender with a voluntary manslaughter conviction be eligible for parole after 35% of time is imposed?

Anthony M. Avery answered on May 13, 2019

For most criminal convictions, a Range II is eligible for Parole after 35 % of the Sentence is completed. But many crimes carry 85 % + PEDs. It should state the specifics on the Judgment of Conviction for each crime.

2 Answers | Asked in Contracts and Criminal Law for Tennessee on

Q: If the arresting officer was not at court, could you still sign your deal?

My boyfriend has been in jail for almost 6 months now. He got arrested for drugs and guns and they sent the drugs off to see what they were. Tuesday the judge said he had time served and that Thursday he could sign his deal and get out Wednesday. However, the arresting officer was not there and now... Read more »

Bruce Alexander Minnick answered on May 10, 2019

Your boyfriend was told by the judge that he (the judge) was not going to let him sign any deal or otherwise let him go home unless and until the arresting officer appears in court to testify. You are advised to hire a lawyer to try to subpoena the arresting officer for the July trial. If the... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Tennessee on

Q: Can a pro se or attorney file a contempt of court complaint against attorney and tenant for not obeying order and decree

On 3/21/18 a court order and decree gave tenant until 6/22/18 to vacate the property and municipality that date to remove tenant.

Instead tenant refused to move and municipality refused to evict after that date, Municipality instead, without contacting court, on 8/1/2018,

rented... Read more »

Anthony M. Avery answered on May 8, 2019

Not sure what the Municipality or yourself has to do with it. Are you wanting the Condemnation of your own property? I assume you are the landowner and filed a Detainer Warrant. It appears you should have hired an attorney and got a Writ of Possession executed. Now nine months later are you... Read more »

1 Answer | Asked in Criminal Law for Tennessee on

Q: My sister is 17 and her bf is 21 and she thinks she is pregnant I was wondering if he could get into trouble

Mr. Kent Thomas Jones Esq. answered on May 8, 2019

Yes. If she is under the age of 18 and her boyfriend is 4 years older than her, it is considered statutory rape.

1 Answer | Asked in Criminal Law for Tennessee on

Q: if you are forced to leave a court appointed rehab, what is the grace period to report back to jail?

i was signed out of jail to go to a court appointed rehab. They made me leave. I need to know how many hours i have to report back to jail before a warrent is issued

Anthony M. Avery answered on May 7, 2019

Have your lawyer report the same to the Court through a Motion to Alter the previous Probation Order or Judgment of Conviction. This needs to be done tomorrow, and try to appear before the Court quick, whatever County he is sitting in. Call your lawyer tonight. If you do not have a decent... Read more »

1 Answer | Asked in Criminal Law for Tennessee on

Q: can I go to jail if father won’t return kids to go to school? It has been 14 days 10 out of school. Court is monday

We are married but separated and he got them for a visit but has not returned them. Police say since there is no custody they can’t make him return them. So how can I be responsible for the truancy? I have been summoned to juvenile court. He is at an unknown location so has not been served. Also... Read more »

Anthony M. Avery answered on May 3, 2019

You should still get a Subpoena issued for him today. That way the Court may believe your story that it his fault. I realize he is a Party already but that does not mean he has to show up everytime. You Subpoena him as a Witness for you. If he shows up, treat him as a Hostile Witness and cross... Read more »

1 Answer | Asked in Criminal Law for Tennessee on

Q: How much time can some do for aggravated assault with a deadly weapon in Tennessee?

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

The severity of the punishment for aggravated assault will depend on your intent when the assault occurred. For instance, if the aggravated assault was intentional, then you may be charged with a class C felony in Tennessee. This means that you could spend anywhere from 3 to 15 years in prison if... 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. 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 Criminal Law for Tennessee on

Q: Expectation of Sentence

My husband was picked up by Southaven, MS Police in posession of 12-14 30mg Oxycodone given to him by his mother, and it currently being held on $20,000 bond for 3 Felony Charges. 1 "POSS. OF CONTROLLED SUBSTANCE", and 2 counts of POSS. OF CONTROLLED SUBSTANCE WITH INTENT. What severity should I... Read more »

Anthony M. Avery answered on Apr 29, 2019

He is going to need to hire a Mississippi Lawyer now. Those are very serious charges and he could go to prison.

1 Answer | Asked in Criminal Law for Tennessee on

Q: If a car is seized for controlled substance, do they have to find it in the car in order to seize it?

Anthony M. Avery answered on Apr 29, 2019

No, the Seizing Agency can allege to get a Forfeiture Warrant that the vehicle either was used to transport contraband, or that it is proceeds of an illegal activity. You need to request the DOS Hearing with the posting of Bond immediately if you want the vehicle(s) back.

2 Answers | Asked in Criminal Law for Tennessee on

Q: I was caught with 1 gram of weed and was given a ticket and a court date. Will this go on my record or go to jail

I just turned 18 and on my prom night my friend got pulled over and I had 1 gram of weed in my pocket

Mr. Kent Thomas Jones Esq. answered on Apr 28, 2019

It depends from jurisdiction to jurisdiction. It also depends on whether this is a first time offense for you. There is not enough information to tell you exactly what the District Attorney may offer and may be impossible for us to do anyway. You need to hire an attorney before you go to court.

View More Answers

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on

Q: Do I need to file a police report on someone who intentionally filed a false report on me?

My exs girlfriend filed a false report on me saying I was beating on her door and threatening to burn her house down. And my ex filed a report on my husband saying he tried running him over and was threatening him etc. Well the cop investigated and got my husband's alibi from his boss because he... Read more »

Mr. Kent Thomas Jones Esq. answered on Apr 25, 2019

You should solicit the advice of a local criminal attorney and he/she will tell you the appropriate action to take.

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.