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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Tennessee on
Q: In Tennessee what's the sentencing on charges for a felon in possession of meth (1.2 grams) and possession of a firearm
Anthony M. Avery
Anthony M. Avery answered on Apr 8, 2021

That would probably be around 8 years, at least 35 percent. The Judge could definitely sentence you to at least 12 years. However without any other facts, I cannot be any more specific. You need to ask your attorney who apparently is working out a plea for you. The firearm charge is either 3... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a suspect be charged on a first overdose if the other drugs found are not the drug he overdosed on?
Anthony M. Avery
Anthony M. Avery answered on Apr 7, 2021

Not sure of the question, but anyone suspected of supplying drugs to a victim can be charged with homicide. The actual drug causing death would be a defense possibly. That defense does not keep a DA from going after anyone involved in the drug transaction, but might be used at Trial.

2 Answers | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If I was arrested for domestic battery but got a misdemeanor charge how does that affect my gun rights
Anthony M. Avery
Anthony M. Avery answered on Apr 6, 2021

The Charge is probably Domestic Assault. A conviction means you cannot touch a firearm or ammunition. Without fail hire a competent attorney to get the Charge Diverted, Dismissed and Expunged. The end result is what counts, not whether you are guilty or not.

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1 Answer | Asked in Criminal Law and Collections for Tennessee on
Q: What if my offender was paying me restitution and passes away
Anthony M. Avery
Anthony M. Avery answered on Apr 5, 2021

You might check to see if there is an Estate to file a Claim against. Otherwise, you might call the DA and see if there are any remaining paid in funds to receive. Finally you may check to see if the Defendant had assets which would justify a suit for Damages, if within the SOL.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is a 3 year sentence good if your not on probation or anything, on a theft of a vehicle- charged theft over $2,500.

Vehicle not damaged, it stayed in the same county, and had a key

Anthony M. Avery
Anthony M. Avery answered on Apr 2, 2021

Not sure of your question, which really ought to be addressed to your lawyer. If no Probation then you must be serving 3 years in the Penitentiary. Your Range status is not mentioned which is critical. Most important does the State have enough evidence to convict you? Do not be making... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Under the influence while in poscion of fire harm marajana no blood work no evdince .while driving my car ,He followed

The officer followed me two miles and when I crossefd the county line and drove another 1/4 of a mile turned on lights in I pulled over he found a pice of a hemp CIG in my front set and then hand cuffed me and ask if anything eles in the car he should know about and I tolled him about my gun .At... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 29, 2021

You have not stated the asserted reason for the stop. Motion to Suppress may be in order. You will need a competent attorney to prepare for the Preliminary Hearing, the Suppression Motion and possibly Trial.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Looking at Tennessee's firearms laws, where does it say that it is illegal to carry a loaded long gun?

Carry what is the definition of carry for firearms, on your person, in a vehicle, where?

Anthony M. Avery
Anthony M. Avery answered on Mar 29, 2021

The crime is Carrying a Weapon With Intent to Go Armed. Class A Misdemeanor. Legal carrying is described.

1 Answer | Asked in Criminal Law for Tennessee on
Q: As a land owner, do I have to register no trespassing signs at the courthouse to enforce the no trespassing law?
Anthony M. Avery
Anthony M. Avery answered on Mar 26, 2021

No, they cannot be made of record. Posted signs need to be completely filled out with the name and address of the owner. Be careful displaying firearms when confronting trespassers. Call the law and do not give them an opportunity to claim you assaulted them.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can sentences run concurrently on different cases in the state of Tennessee?

My son was found guilty in one case and has been sentenced. He has another case in which a plea deal has been offered but he has to make parole for the first sentence and then complete the second. Can this sentences not run together?

Anthony M. Avery
Anthony M. Avery answered on Mar 25, 2021

Different criminal convictions can have the sentences run concurrently. But it is very difficult to get all the DA's and Judges to so agree, which needs to be specifically stated in all the Judgments of Convictions. Usually they will not agree and the sentences run consecutively. If all... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: My husband was charged with a Demostic Assault charge and they took him to jail and when he got off on bond they did a

Temporary restraining order that I did not but on him and I told them not to lock him up but they did they told be it was a Tennessee law and I did not press any charges this the first time this done happened we been married for three years and this just blew out of proportion and in trying to see... Read more »

Cayley Turrin
Cayley Turrin answered on Mar 16, 2021

You can hire him a lawyer to modify the bond conditions but this is normal in Tennessee.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How long can a county hold a person on a felony warrant before they come get him? 10days?

After however many days if they county he has warrants in doesnt come get him does he then get released??

Cayley Turrin
Cayley Turrin answered on Mar 16, 2021

It depends on a variety of factors.

1 Answer | Asked in Criminal Law and Identity Theft for Tennessee on
Q: If I have permission to get money from a debt card (pin, account password) can I be punished for overdraft
Anthony M. Avery
Anthony M. Avery answered on Mar 16, 2021

The account holder will be getting a charge from the Bank. But if you take out more money than you were authorized by the account holder, then that is Theft of Property, which could be a misdemeanor or a felony depending on the amount stolen. You could also be sued by the account holder.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a person facing a life sentence get an attorney for a felony murder

My boyfriend is currently 37 years old who is currently facing a life sentence in a prison in the state of Tennessee he received a life sentence and the guy who shot the guy did not and I was informed the only way he will be able to fight his case is if Tennessee made a new law by it being... Read more »

Bennett James Wills
Bennett James Wills answered on Mar 15, 2021

More information is needed including the facts and date of conviction. It may be possible that your boyfriend could be eligible for some type of post-conviction relief or re-sentencing. You would be wise to hire an experienced criminal defense attorney with experience in post-conviction type relief... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was charged with Theft Of Merchandise in 2016 and didn't go to court. This year is 5 years. Will the warrant expire?

I read : https://law.justia.com/codes/tennessee/2010/title-40/chapter-6/part-2/40-6-206/

Which suggests that misdemeanor warrants will expire if not served or quashed in 5 years from the date issued. It will be 5 years this year since my warrant was issued.

Does this mean the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 12, 2021

That Charge will be in the various databases and will come up on any background checks. You need to get it Dismissed and Expunged.

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: What is my son facing in a felony evading arrest charge?

My son was charged with a felony evading charge. He had picked up two girls to take them to the store when a cop going in the opposite direction turned and blue lighted him, mean time both girls began screaming(don't stop and go go go) he panicked and sped up to like 40 or 45 in a 30mph for... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 11, 2021

That should be at least one C Felony. The Reckless Endangerment can be a misdemeanor or felony. It may have been an illegal stop, for which suppression motions are made. But his speeding will probably be the reason now for the stop. He needs an attorney to prepare for a Preliminary Hearin.... Read more »

3 Answers | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: Do I have to go to court where they seized money from me at a airport
Anthony M. Avery
Anthony M. Avery answered on Mar 8, 2021

Apparently you have not been charged with a crime at this time. So no, no Court yet. That money will be subject to some type of Forfeiture, and if you want it back, then a Claim filing and a Court Hearing will be necessary.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: If an inmate has a release eligibility date will he get out on that date?
Anthony M. Avery
Anthony M. Avery answered on Mar 8, 2021

I think you mean Parole Eligibility Date. And no, that is the first time the Inmate is eligible for a Parole Hearing. If he is in a County Jail, the foregoing does not apply and it will be something peculiar to that TN Judge's Sentencing.

2 Answers | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: is there any way to have an assult charge removed if it is the only charge EVER and was 10 years ago?

i was only ordered to pay $200 and 3 days of community service. for pushing someone away from me...and now have a Domestic Assault charge on my record....

Anthony M. Avery
Anthony M. Avery answered on Mar 4, 2021

That charge is worse than some felonies. You need to check with the Court Clerk and examine the actual Warrant. Look at the Disposition by the Judge. If it is a conviction, it will be permanent. If it was dismissed, expunge it. Good Luck !!!

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Iam in desperate need of a criminal lawyer for my son charged with 2nd degree murder we have no money pro bono

Needing help or direction to ensure my son gets a fair hearing and or deal on his current charges

We can afford a lawyer looking for a pro bono lawyer

he has 2 charges of 2nd degree murder, tampering, arson been in jail since last part of 2019

This happened in Sullivan... Read more »

Bennett James Wills
Bennett James Wills answered on Mar 2, 2021

The accused has the right to an attorney. But if you cannot afford an attorney, you'll need to contact the public defender's office in the county where the charges are pending to get representation.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My boyfriend was arrested on Aggravated Domestic Assault against me. If I skip court will he be released from jail?

My boyfriend of 9 months was arrested and I am the alleged victim. We were fighting that night but I didn'tcall the police. My mom called them after I called her for a ride. She hates my bf. I was on the balcony fuming after our fight and he says when I stood on the side of the chair looking... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2021

It will not be that easy for the charges to be dropped. And they are very serious. He needs a competent attorney today, and you do not need to communicate with him in any way. You may need your own attorney if you are not careful. Without proof the State's Case will be dismissed. But... Read more »

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