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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 James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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
![Anthony M. Avery Anthony M. Avery](http://justatic.com/profile-images/1504903-1494520006-sl.jpg)
answered on Jul 12, 2024
I think you mean seize. Forfeiture Warrant should be issued quickly. But if vehicle is considered evidence, then FW is not necessary. FW will require a Bond and DOS Hearing to recover. It is a civil administrative proceeding and you will need an attorney and money. It has nothing to do... View More
I recently was arrested in a hospital for simple possession. The security said they were acting on a tip but could not tell me where the tip came from or what the "tip" was. The did not have a warrant until after the arrest. I did not consent to a search.
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jul 11, 2024
There are a number of considerations to determine whether a warrantless search in a hospital violates the 4th Amendment. You can read the attached article:... View More
I recently was arrested in a hospital for simple possession. The security said they were acting on a tip but could not tell me where the tip came from or what the "tip" was. The did not have a warrant until after the arrest. I did not consent to a search.
![Anthony M. Avery Anthony M. Avery](http://justatic.com/profile-images/1504903-1494520006-sl.jpg)
answered on Jul 11, 2024
You will need to read the Arrest Warrant and see what probable cause for the stop, detention, search and arrest is cited. If it looks questionable, prepare for a Preliminary Hearing. Hire a competent attorney. If indicted, then the Motion To Suppress should be made at that Court.
She was stopped for speeding in Jackson TN two days ago. The officer told her that she was driving with a suspended AL license of which she was unaware. Investigating, she found that AL had suspended her license because while getting a speeding ticket last year she showed the officer a picture on... View More
![Anthony M. Avery Anthony M. Avery](http://justatic.com/profile-images/1504903-1494520006-sl.jpg)
answered on Jul 11, 2024
She will probably be booked, involving search, fingerprints, and mug shot. This is more convenient and cheaper than being arrested. The important thing is to take care of that DL. She needs to get all the information she can out of the issuing authority so that she has a DL and possibly get... View More
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 James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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... View More
Be taken. Is there any way to get them back in tn.
![Anthony M. Avery Anthony M. Avery](http://justatic.com/profile-images/1504903-1494520006-sl.jpg)
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
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 James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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
I also have messages from messenger on Facebook of her saying that she falsified the charges. She didn't want to go down there and attempt to take them off because she didn't want to get charges of falsifying of a police report. She's also a felon so I don't understand how she... View More
![Anthony M. Avery Anthony M. Avery](http://justatic.com/profile-images/1504903-1494520006-sl.jpg)
answered on Jun 10, 2024
Husband needs to hire a good attorney now. He will need to lower the bond if possible, and definitely prepare for a Preliminary Hearing. Victim might not show up, but Courts usually give the DA 2 0r 3 times to get his witness to testify. Do not talk to the victim/witness again.
TCA
2-19-109
2--19-107
![Anthony M. Avery Anthony M. Avery](http://justatic.com/profile-images/1504903-1494520006-sl.jpg)
answered on Jun 3, 2024
If you are at General Sessions, then you make a Motion To Dismiss as all elements not shown. If Indicted, then you may have to try it and make a Rule 29 Motion at the end of the State's Case. Hire a competent attorney.
TCA
2-19- 109
2-19-107
![Anthony M. Avery Anthony M. Avery](http://justatic.com/profile-images/1504903-1494520006-sl.jpg)
answered on Jun 3, 2024
It is up to to the DA to decide what criminal statute he prosecutes under. Do not help him put you in jail. It is up to your lawyer to make a Motion For Judgment Of Acquittal or maybe (a big maybe), a Bill of Particulars.
My boyfriend is on 4 years and has 26 months done on it plus has caught a drug charge vandelism, assault, and retaliation. He has set in jail for a year now.
![Anthony M. Avery Anthony M. Avery](http://justatic.com/profile-images/1504903-1494520006-sl.jpg)
answered on May 30, 2024
I do not know what a 1-8 split is. But boyfriend needs an attorney now. The retaliation charge alone will merit a large bond if one is set. Any charge, not just a conviction, is a violation of probation. So he will probably at least complete the 4 year Sentence incarcerated, and may get... View More
Filed complaint with tn commissions and car dealership that I make payments to said they never sold me a car...but I believe they have multiple lots was even told by the lot I got car at. Some of the payments was not reported right. I have time recipts of transactions
![Anthony M. Avery Anthony M. Avery](http://justatic.com/profile-images/1504903-1494520006-sl.jpg)
answered on May 28, 2024
Filing a Complaint without knowing most of the facts could get you repossessed. Hire an attorney to look at your financing statement. Then you and him start calling the noteholder, whoever that is. Some corporation searches will also be necessary. Determining the actual lienholder may be a... View More
![Anthony M. Avery Anthony M. Avery](http://justatic.com/profile-images/1504903-1494520006-sl.jpg)
answered on May 16, 2024
I am not familiar with a similar appellate opinion. However admitting that illegal drugs are present is certainly reasonable suspicion and probable cause that drugs are in the vehicle and a warrantless search can be executed. I doubt that a Motion To Suppress Evidence would be successful, but... View More
I requested the dismissal of council in writing to the judge I gave legitimate reasons why I wanted the dismissal I also asked for a continuance and a different council judge granted dismissal,and continuance but refused new council and I had to represent myself at a prelim also I told him... View More
![Anthony M. Avery Anthony M. Avery](http://justatic.com/profile-images/1504903-1494520006-sl.jpg)
answered on May 8, 2024
Apparently your case was bound over. When you get indicted by the Grand Jury, Court may arrest you or might allow you to show up at the Arraignment still on Bond. You might ask for a court appointed lawyer then. But that would be a mistake, so hire a real attorney now awaiting Indictment.
![Carla Grebert Carla Grebert](http://justatic.com/profile-images/1669132-1708833896-sl.png)
answered on Apr 28, 2024
I generally see people getting charges in these situations, but I have no way of knowing what happened in yours based on your question.
Were you arrested and booked? If so, you were charged. Were you not arrested, but you have a booking date to report? If so, you were charged. Do you... View More
I know there’s been cases from gun groups during the state to where the agreement made at the conclusion seems to allow 18-21 to carry without prosecution because of age. I also know at 18 you can legally buy a handgun from private sale. I’d rather be judged by a jury then dead, but would i win... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Apr 16, 2024
The current gun laws in Tennessee regarding permitless carry and the legal age to possess a handgun are somewhat complex due to recent court cases and legislative changes. Here is an objective overview of the situation as of August 2023:
In 2021, Tennessee passed a law allowing most adults... View More
I understand that it is called a Class A Misdemeanor. What does that mean?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Apr 13, 2024
The specific penalties for failing to report a dead body vary by jurisdiction, but in general, a Class A misdemeanor is one of the more serious types of misdemeanors. Here is some general information about Class A misdemeanors and the typical consequences:
- Class A misdemeanors are... View More
Car did not belong to driver either
![Anthony M. Avery Anthony M. Avery](http://justatic.com/profile-images/1504903-1494520006-sl.jpg)
answered on Apr 5, 2024
It was probably a lawful Forfeiture, as long as a Forfeiture Warrant is issued. DOS will then be involved on the car. If the car is being investigated as a criminal tool, then it is only the Court system involved, and you might get it back upon motion to the Court handling the charges.
Car did not belong to driver either
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Apr 5, 2024
The lawfulness of a police seizure of a vehicle in this scenario would depend on the specific circumstances and the applicable laws in the jurisdiction where the incident occurred. In general, under the legal doctrine known as "civil asset forfeiture," law enforcement can seize property,... View More
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