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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: Is introduction of contraband into a penal facility class c felony able to be expunged in Tennessee?

Only conviction ever if able to do so I’m willing and able to hire legal representation to help me expunge this.

Under 1lb marijuana, conviction 10 years old

Served like 5-7months jail/not prison time, 3 years probation

This charge is affecting my ability to support my... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 29, 2020

Only some Class E Felony Convictions are subject to Expungement in Tennessee. Very Sorry... I am afraid that your lawyer should have told you this. You may wish to apply for a Pardon from the Governor.

2 Answers | Asked in Criminal Law, Family Law and Child Custody for Tennessee on
Q: Are there any documents can grant me permission to make legal decisions on my daughter's behalf?

My daughter has been incarcerated for a while and my 15 year old grandson has been in foster care since February 2020. I am a senior citizen and would like for him to come live with me. We have a court appointed attorney who is no help and refuses to share information! This man does not care how... Read more »

Bennett James Wills
Bennett James Wills answered on Oct 23, 2020

You would be wise to hire your own attorney to guide you through the custody process. There's no one document that a minor could sign to give you what you seek. Find an attorney--this is a good website to use.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: I have a friend im trying to help who violated parole. She failed a drug screen. Now there is a warrant against her.

She is bi polar and shud never have stood trial and any lawyer who spent 5 mins with her wud have known that. Shud she go straight to rehab, call the DA, her PO, or what? Calling her PO hasn't helped with any of this. She and I need help and cannot afford legal defense.

Shanone Emmack
Shanone Emmack answered on Oct 22, 2020

If there is a warrant she needs to go ahead and turn herself in. She can call and find out how much her bond is and arrange to be bailed out immediately. Hopefully a bonding company will help her. Getting into a rehab facility is a smart idea to help minimize jail time and get her some help.... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: How can you get clarification of charges?

I recently moved from one state to another, when I applied for my nursing license an old charge of battery came up. The board is comparing the battery charge with battery in the first degree, I scratched and pushed my spouse, none of which even required first aid. I thought the charges were reduced... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 21, 2020

Those are obviously not Tennessee Charges. You will have to deal with them in the Illinois Court from where they issued. You might find an attorney here on Justia. Hopefully they were dismissed and you can expunge your record. Otherwise you will have to deal with the TN Nursing Board. A... Read more »

1 Answer | Asked in Libel & Slander, Criminal Law, Civil Rights and Communications Law for Tennessee on
Q: Can anything be done to a person who has constantly sent me threatening messages through different apps?

I've been sent threatening messages from the same person through different accounts and they have made fake accounts just to be able to send these messages to me. Does it still count towards harassment even though it's fake accounts and names?

Paul E. Tennison
Paul E. Tennison answered on Oct 20, 2020

Yes, you may want to consider seeking an Order of Protection against this person. You could also consider calling the non-emergency police line and reporting the harassment. Sometimes a cease and desist letter from an attorney is successful in getting someone to stop messaging. If these options... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: I need mug shot of john Dell carr he murdered my aunt in 1990 shirley sturgill and I believe my mom's other kid is carr

My mom has passed away for 15 years and took the truth to her grave

Bennett James Wills
Bennett James Wills answered on Oct 19, 2020

If that person was arrested and booked and you think a mugshot may exist - contact the arresting authority - sheriff, jail, local police, whatever. They may be able to provide you with one. Otherwise, you may need to file a public information request with that same authority for a release of... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: A girl assaulted my girlfriend first and I hit her and her eye became swollen and she went to the hospital.

What charge am I facing?

Bennett James Wills
Bennett James Wills answered on Oct 14, 2020

More facts would be needed to make that determination. But probably assault at the very least. If you have been charged with a crime, you should hire a defense attorney asap or contact the local public defender.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How much time does introduction into penal facility carry?

I was arrested for driving and while booking in less than a half gram of meth fell out my sock. How much time does that carry?

Cayley Turrin
Cayley Turrin answered on Oct 13, 2020

It is a C Felony and so the actual time would be determined by a number of factors.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How do I get hold lifted off husband in carroll co. so he can get to rehab and finish gibson county or least courtdate

He is supposed to leave end of month for rehab so need the hold lifted him a courtdate or a furlough saying he can go to rehab and not have to sit there and do more time already been there a year and just now come up with a hold on him from a warrant in 2015

Cayley Turrin
Cayley Turrin answered on Oct 13, 2020

He needs to be transported to that county for the warrant to be served and then the hold will be lifted and he can go on a furlough.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Hello, I’m a 30 yr old man dating an eighteen year old woman. We met when I was 29 and her 17. We did make out when she

Was still 17 but did not have sex until she was 18. Have i commited a crime and what are the penalties. Thank you

Anthony M. Avery
Anthony M. Avery answered on Oct 12, 2020

The Statute of Limitations for Statutory Rape and other Sexual Batteries has not run out yet. So be careful what you do and say to others.

1 Answer | Asked in Criminal Law for Tennessee on
Q: No harm to child was getting a ride from someone with a lab and gun in car that they were unaware pled guilty can we fix
Anthony M. Avery
Anthony M. Avery answered on Oct 8, 2020

You have not stated enough facts to give any advice. If there is a conviction within a short period, you may be able to set aside the conviction or even appeal (doubtful). Contact a competent attorney today.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was charged with patronizing prostitution and unlawful carry about a year ago. do i get my money the police stole???

case was dismissed

Shanone Emmack
Shanone Emmack answered on Oct 6, 2020

Yes, you should get all your property back. You need to go down to the police station and request it. If they refuse then you may need a release order from the District Attorney.

1 Answer | Asked in Criminal Law for Tennessee on
Q: My brother's meds to treat his mental issues are considered narcotics by the jail. Can they refuse to give him those?

He asked for a nurse but was told no then asked to call an ambulance they checked his blood pressure and determined he was fine.

Cayley Turrin
Cayley Turrin answered on Oct 2, 2020

Yes they can refuse to give them if they are considered narcotics.

1 Answer | Asked in Criminal Law and Family Law for Tennessee on
Q: One of my child's coaches has been asking her personal questions, I want to know what I am able to do to handle this

The coach is asking my child what their full name is, where they live, who they live with, what color house they live in, after asking about where their father is and what happened to him.

I am wanting to know what I can do to handle this legally since the academy is not looking like they... Read more »

Cayley Turrin
Cayley Turrin answered on Oct 2, 2020

I would suggest just talking to the coach and telling them to stop asking those questions.

1 Answer | Asked in Criminal Law for Tennessee on
Q: how to prove syringe exchange or syringe services are legal
Cayley Turrin
Cayley Turrin answered on Oct 2, 2020

You would have to change the statute of drug paraphernalia for it to be legal.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was accused of stealing from a buisness.

$1000+ dollars worth of stuff was allegedly stolen from a buisness in my local city. The only evidence was a video of someone in a facemask, hoodie, and glasses similar to ones I own. Someone who knew me said the video looked like me and I've been getting threats of legal action. The stuff was... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 29, 2020

If you do not want to make the manager happy, then find another job. Do not talk to anyone else about whatever incident occurred. Be prepared to post bond and hire a lawyer if charged.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Tennessee on
Q: Tennessee wants an original police report of a charge I sent a final disposition for from NY 10yrs+ ago for ccw permit

They want to verify that my misdemeanor charge isn't domestic assault or battery but it clearly States on the disposition that it isn't are they allowed because I feel like my rights for fire arms are being suppressed or neglected It's been more than the 60 days they say it takes I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 22, 2020

If necessary you will need to file an Action in General Sessions against the State. It is basically a Declaratory Judgment Action pursuant to Statute, and I believe you will need a competent attorney. This will need to be filed very soon.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was wondering about a small claim procedure on evidence

My ex-boyfriend stole my things and gave them to his new girlfriend I have pictures and I also have text messages saying that he did will that hold up in court

Bennett James Wills
Bennett James Wills answered on Sep 21, 2020

If you took the pictures and can authenticate same, then those may be admissible. Text messages against the ex are also likely admissible as an admission by party-opponent.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can an attorney represent a defendant (Bf) charged with Agg assault against a victim who he represents in another case?

My ex wife’s bf was charged and arrested for Agg assault. Her attorney represented her bf in court against her. The charges were dropped. The Same attorney also represents her in a child custody lawsuit. Is this not a conflict of interest or something?

Cayley Turrin
Cayley Turrin answered on Sep 21, 2020

I would not personally do it. But they can if they both waive a conflict of interest.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can i get my theft under 500 charge from Wal-Mart thrown out on the grounds of being disabled with brain injury

I actually thought my car had been stolen from Wal-Mart parking lot while i was in jail that night. My aunt finally found out that it was at a different walmart. That is how bad my memory is along with many other issues bc of my brain injury disability

Shanone Emmack
Shanone Emmack answered on Sep 21, 2020

If you mental capacity was in question at the time of the event (the theft) then I suggest hiring an attorney to talk to the District Attorney and request a mental evaluation . Good Luck!

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