Tennessee Criminal Law Questions & Answers
Q: Can a judge in criminal court release your car back to you
Anthony Marvin Avery's answer
If there is no Notice of Seizure (and later Forfeiture) from the Seizing Agency in conjunction with a Department of Safety Forfeiture proceeding, then the Criminal Court probably has Jurisdiction to release a car that has been impounded by Law Enforcement. There are various scenarios however, and you have provided no facts. Even if the car contains evidence of a crime, the owner can move for possession after the investigation has been made. If the DA believes the car is needed for trial,...
If there is no Notice of Seizure (and later Forfeiture) from the Seizing Agency in conjunction with a Department of Safety Forfeiture proceeding, then the Criminal Court probably has Jurisdiction to release a car that has been impounded by Law Enforcement. There are various scenarios however, and you have provided no facts. Even if the car contains evidence of a crime, the owner can move for possession after the investigation has been made. If the DA believes the car is needed for trial,...
Q: WHAT INFORMATION IS REQUIRED TO BE ON A SUMMONS TO COURT BY A LAW ENFORCEMENT OFFICER
Anthony Marvin Avery's answer
Usually most applicable fill in blanks need to be annotated. But Officers make mistakes all the time and the Courts usually allow it. Even if you make a Motion to Dismiss, the Court can dismiss the Citation then have you stand there while the Court gets an Affidavit from the Officer to issue an Arrest Warrant. Then after some time in Jail, you go back to Court on the same Charge. Hire a competent attorney now.
Usually most applicable fill in blanks need to be annotated. But Officers make mistakes all the time and the Courts usually allow it. Even if you make a Motion to Dismiss, the Court can dismiss the Citation then have you stand there while the Court gets an Affidavit from the Officer to issue an Arrest Warrant. Then after some time in Jail, you go back to Court on the same Charge. Hire a competent attorney now.
Q: I am out on pretrial release for a first offense misdemeanor. Imissed my appointment and have court tomorrow.
Mr. Kent Thomas Jones Esq.'s answer
It depends on the judge, but you need to make sure and make your court appointment or there will definitely be a warrant out for you.
It depends on the judge, but you need to make sure and make your court appointment or there will definitely be a warrant out for you.
Q: If someone dies that is on state probation, do I contact someone in the judicial or correction system and let them know?
Mr. Kent Thomas Jones Esq.'s answer
If you have the probation officer's number, you can call them. You can also call the court clerk and let them know.
If you have the probation officer's number, you can call them. You can also call the court clerk and let them know.
Q: Convicted of tn 55-50-601 as an amended charge to forgery. ...no probation but is it mandatory to revoke my DL?
Anthony Marvin Avery's answer
You have not stated enough facts, but I would guess your conviction has something to do with a fake ID. Whatever it is, the Department of Safety got involved, and it is that Agency which both issues and revokes Drivers' Licenses, not the Courts. You probably need to request a Hearing with the Department of Safety immediately. Your lawyer should have warned you about what DOS might do.
You have not stated enough facts, but I would guess your conviction has something to do with a fake ID. Whatever it is, the Department of Safety got involved, and it is that Agency which both issues and revokes Drivers' Licenses, not the Courts. You probably need to request a Hearing with the Department of Safety immediately. Your lawyer should have warned you about what DOS might do.
Q: What is the max penalty for a first offense dui in Tennessee,,,,,, and what is the max on a FTA in misdamor court
Anthony Marvin Avery's answer
You are looking at a possible one year Sentence and numerous other requirements. The costs alone are large. Hire a competent attorney now to bring you to Court, set aside the Forfeiture and set it for a Preliminary Hearing. The Bondsman will also be looking for you. Get to Court as soon as possible even though you are not on the Docket.
You are looking at a possible one year Sentence and numerous other requirements. The costs alone are large. Hire a competent attorney now to bring you to Court, set aside the Forfeiture and set it for a Preliminary Hearing. The Bondsman will also be looking for you. Get to Court as soon as possible even though you are not on the Docket.
Q: I have been charged with this offense. For using the registration year tag from another vehicle.
Anthony Marvin Avery's answer
Hire a competent attorney now. Take both sets of Registration Documents to Court with enough cash to pay costs.
Hire a competent attorney now. Take both sets of Registration Documents to Court with enough cash to pay costs.
Q: My husband was arrested for driving on suspended license and drug paraphernalia, both are 1st offense.
Anthony Marvin Avery's answer
Most importantly he needs get his Driver License reinstated and in his possession. Additionally hire a competent attorney now. This should not be a hard Case but it appears he has made it much more difficult and expensive than it needed to be.
Most importantly he needs get his Driver License reinstated and in his possession. Additionally hire a competent attorney now. This should not be a hard Case but it appears he has made it much more difficult and expensive than it needed to be.
Q: Is Tennessee law that they have 180 days from the signing of a waiver of extrad to pick you up or dismiss the case?
Cayley Turrin's answer
Technically yes but they need to ask for permission to keep extending it by 30 days each time.
Technically yes but they need to ask for permission to keep extending it by 30 days each time.
Q: How can I prove I didn't consent to search when the officer that searched me didn't have video
Anthony Marvin Avery's answer
You need to hire a competent attorney immediately. It sounds like you are still at General Sessions where you need to conduct a thorough Preliminary Hearing. The basis for a Motion to Suppress Evidence due to an illegal stop, and possible detention, needs to be brought out through the Officer. If the stop was illegal, it is irrelevant about your consent to search.
You need to hire a competent attorney immediately. It sounds like you are still at General Sessions where you need to conduct a thorough Preliminary Hearing. The basis for a Motion to Suppress Evidence due to an illegal stop, and possible detention, needs to be brought out through the Officer. If the stop was illegal, it is irrelevant about your consent to search.
Q: What is the statute of limitations on an unauthorized female genital mutilation in the state of tennessee. felony in TN
Anthony Marvin Avery's answer
SOL on Class D Felonies is Four Years. I suspect this is more of a Medical Malpractice Case though, which requires many pleadings along with the Suit being filed within One Year of Injury. Assault may be a criminal option for the State, but it has a One Year SOL.
SOL on Class D Felonies is Four Years. I suspect this is more of a Medical Malpractice Case though, which requires many pleadings along with the Suit being filed within One Year of Injury. Assault may be a criminal option for the State, but it has a One Year SOL.
Q: Suppose you are on your farm, have a gun and accidentally shoot in someone...
Anthony Marvin Avery's answer
Charges could range from Criminally Negligent Manslaughter to Second Degree Murder. Without Death the charge would probably be Reckless Endangerment or Aggravated Assault, and possibly Attempted Murder.
Charges could range from Criminally Negligent Manslaughter to Second Degree Murder. Without Death the charge would probably be Reckless Endangerment or Aggravated Assault, and possibly Attempted Murder.
Q: In federal court, if violated for failure to report with 11 months left on a 5 year term, how much time can they receive
Lawrence James Arnkoff's answer
I would need more information to answer this with any certainty. I do not practice
in the Eastern District where the violation occurred but in the Middle District
it would be highly unlikely any period of incarceration would be imposed. Knowing
what the guideline range is for the violation will tell you how much incarceration
is possible. I had a client recently fail several drug screens, testing positive for marijuana.
Probation filed the violation but...
I would need more information to answer this with any certainty. I do not practice
in the Eastern District where the violation occurred but in the Middle District
it would be highly unlikely any period of incarceration would be imposed. Knowing
what the guideline range is for the violation will tell you how much incarceration
is possible. I had a client recently fail several drug screens, testing positive for marijuana.
Probation filed the violation but...
Q: Whats the difference between "unlawful" drug paraphernalia and drug paraphernalia
Anthony Marvin Avery's answer
There is no difference. For some reason obviously the Officer swore out the two charges in a different narrative in the Affidavit section of the Warrants. There should not be two convictions for the same Criminal Violation unless there is more than one incident.
There is no difference. For some reason obviously the Officer swore out the two charges in a different narrative in the Affidavit section of the Warrants. There should not be two convictions for the same Criminal Violation unless there is more than one incident.
Q: In Tennessee if someone is supposed to go to jail for 45 days is there any provisions available for that person if
Mr. Kent Thomas Jones Esq.'s answer
Yes, typically when a client is put in jail, or before they are put in jail, if planned, then you will meet with the nurse and discuss your medical conditions. You can also give them access to your list of prescriptions from your pharmacy. The jail treats different conditions in an order of priority. For example, if you are diabetic and need insulin, you will probably be at the top of the list. If you are in jail, it usuall takes 3 to 4 days for you to start receiving medications. If you...
Yes, typically when a client is put in jail, or before they are put in jail, if planned, then you will meet with the nurse and discuss your medical conditions. You can also give them access to your list of prescriptions from your pharmacy. The jail treats different conditions in an order of priority. For example, if you are diabetic and need insulin, you will probably be at the top of the list. If you are in jail, it usuall takes 3 to 4 days for you to start receiving medications. If you...
Q: What is the punishment for a criminal threat?
Mr. Kent Thomas Jones Esq.'s answer
Thanks for the question; however, it is not clear and specific enough to answer. Generally speaking, if you are referring to threatening someone with a criminal charge to achieve a monetary gain, then that is extortion. If you are referring to threatening someone with bodily harm, then it is assault. Simple assault can be a Class A or B misdemeanor. A person commits aggravated assault who: (A) Intentionally or knowingly commits an assault as defined above, and the assault: (i) Results in...
Thanks for the question; however, it is not clear and specific enough to answer. Generally speaking, if you are referring to threatening someone with a criminal charge to achieve a monetary gain, then that is extortion. If you are referring to threatening someone with bodily harm, then it is assault. Simple assault can be a Class A or B misdemeanor. A person commits aggravated assault who: (A) Intentionally or knowingly commits an assault as defined above, and the assault: (i) Results in...
Q: A woman has called me and has threatened to harm me. I want her to leave me alone. She called me from her work phone.
Mr. Kent Thomas Jones Esq.'s answer
You should be able to press charges. Call the local sheriff's office and speak with a detective about what information they need.
You should be able to press charges. Call the local sheriff's office and speak with a detective about what information they need.
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