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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Family Law for Tennessee on
Q: Can I be prosecuted for using my husband's credit card?
Anthony M. Avery
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Anthony M. Avery
answered on Jan 26, 2023

Yes it is possible, especially if your possession and use of the credit card is unauthorized. There may be defenses for purchase of necessities. A jury might infer permission to purchase items for the Family.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can 39-17-433 - Promotion of methamphetamine manufacture be expunged in Tennessee? If so how do I go about doing it?
Cayley Turrin
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Cayley Turrin
answered on Jan 26, 2023

It depends on a variety of circumstances. You can have a lawyer look into it.

1 Answer | Asked in Criminal Law for Tennessee on
Q: When accused of AttempAssault/Child Abuse for pulling child across floor to return to safety, what proof does DA need?

Registered Nurse examined child and determined there were no injuries.

Cayley Turrin
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Cayley Turrin
answered on Jan 26, 2023

That is a very loaded question. I would consult with an attorney in person.

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Public Benefits for Tennessee on
Q: Under Title 39 rule broken is 5 and 8 Is there away to get my gun license reinstated

Did go to court but was discontinued on both cases.

Anthony M. Avery
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Anthony M. Avery
answered on Jan 25, 2023

Your question makes no sense. Redo your question. There is a procedure in General Sessions Court to appeal the denial of a Handgun Permit.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If someone is Sovereign. Should he/she still seek an attorney

How can I help a Sovereign family member get out of jail?

Anthony M. Avery
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Anthony M. Avery
answered on Jan 25, 2023

Defendant needs an attorney to represent him. He should probably keep quiet, especially about his claim of non-citizenship.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Im in still in a pre trial diversion will it show up on a employer background check?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 25, 2023

The criminal charge should show up on the NCIC as pending, as the charge has not been disposed of yet. When you get it dismissed, you must also get it expunged or it will be on your record forever. Your lawyer should have told you this.

1 Answer | Asked in Consumer Law and Criminal Law for Tennessee on
Q: Is it legal in TN to carry or own a handgun that has the serial number removed?
Anthony M. Avery
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Anthony M. Avery
answered on Jan 25, 2023

That is a Federal Crime.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Getting a conviction expunged

I am 45 yrs old currently. When I was 19 I got convicted of theft over 15,000. It was rediculous really, they had nothing on me but I was young and didnt know any better. I took a plea agreement and they were supposed expunge it off my record after probation. This never happened. How do I get it... Read more »

Henry Ambrose
Henry Ambrose PRO label
answered on Jan 25, 2023

Its hard to say for sure without more details about your conviction, but here is a link from the State of Tennessee that might help answer your question -- https://www.tn.gov/expunction.html -- felony theft is on that list.

If you need more specific advice contact a lawyer in your area....
Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a misdemeanor fta be bound over to criminal Court before the original charges are bound over that all got dropped?

Fta was Nov 2018 original charges not bound over until may 2019 and we're all dropped in 2021 but was placed on 1 year state probation, and have a tdoc property offender card I have to carry and I'm not a felon

Anthony M. Avery
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Anthony M. Avery
answered on Jan 23, 2023

Yes it can. But dismissal of the underlying charges should be brought up as a Defense.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: what if you are at your house and step out in the yard and they smell it and u go to jail because it's on your side.
Anthony M. Avery
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Anthony M. Avery
answered on Jan 23, 2023

Hire an attorney to prepare for a Preliminary Hearing. Do not get in more trouble.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was arrested for domestic assault after hitting on my husband while drunk.

Never had any trouble except a public intoxication like 10 or so years ago

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 19, 2023

Hire an attorney to represent you. That charge is worse than some felonies. Do not plead guilty unless there is a Diversion involved.

1 Answer | Asked in Criminal Law for Tennessee on
Q: When does indictments come out?

If I’ve been indicted how would I know? And when will I know?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 19, 2023

Each County notifies Defendants in a different manner. It may be a card, going to Docket Call each month, etc. Your attorney should be able to find out from the Court or the DA. If no attorney, then hire one for the offenses that you believe you will be Indicted for. Even if the Court Clerk... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: can a case b thrown out due to an execution date on warrant doesnt match date it was served
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 16, 2023

That is not a ground to dismiss a criminal charge. General Sessions allows oral amendments readily. Hire an attorney to represent you.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What can I do if my Lawyer is not doing his job representing me? Next what are the steps I can take to get a new Lawyer?
Bennett James Wills
Bennett James Wills
answered on Jan 16, 2023

Assuming its a private lawyer, you just hire a new one to take over. If it's the public defender, it's a bit more difficult.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can aggravate assault be the underlying felony for felony murder if it was did in one act?

I shot a man and was found not guilty of malice murder but guilty of felony murder but, the underlying felony was aggravated assault, which was of the same act.

Bennett James Wills
Bennett James Wills
answered on Jan 16, 2023

Two different crimes but the assault would be the basis for the felony murder. The two would merge for sentencing purposes.

1 Answer | Asked in Criminal Law for Tennessee on
Q: After charges are thrown out in sessions court what’s the normal timeline for an indictment to come from the grand jury.

Charges dismissed due to cop never showin up for preliminary hearing.Seeing that they are felony charges for a convicted felon, How long will they wait to indict?I believe they have up to two years.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 13, 2023

Most charges in TN have a SOL between 1 and 8 years.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How long does Mcminn county indict after felony charges dismissed due to officer not showing up for first court date?

Officer was given three chances to appear for charges to be bond over total of 8felony charges for a person that’s already a felon.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 12, 2023

Case can be dismissed, or never at, General Sessions, and then the Grand Jury Indicts you anyway. About 3 % of cases never get Sessions Warrants.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I need a copy of Tenn.Code Ann. 40-32-101(1994) regarding destruction of records after acquittal or dismissal.
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 12, 2023

If you cannot find it online, you might try a law library such as at a law school. Otherwise consult with an TN attorney.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How long does it take for meth to be sent off for lab work and is it accurate
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 10, 2023

Toxicology Reports from the TBI can usually take from 2 months to 8 months. Meth percentages are apparently accurate, but can be affected by some over the counter drugs to a very small degree. There are some problems with Toxicology Reports as to certain chemicals, but Meth results are usually... Read more »

2 Answers | Asked in Criminal Law for Tennessee on
Q: I was pulled over for no reason when I ask the officer why he could only ssid I looked suspicious. He finds drug on me

Can I beat these charges for illegal stop

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 9, 2023

Possibly on a Motion To Suppress. You will need a competent attorney to prepare for a Preliminary Hearing and file the latter Motion if Indicted. Do not get in any more trouble, and it might be time for a new phone.

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