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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Tennessee on
Q: the statute of limitations for a theft of gun in the state of Tennessee, when a state only warrant is issued in 2011?
Anthony M. Avery
Anthony M. Avery answered on Jun 9, 2021

Not sure of the question. But if a Warrant was issued, then the SOL was probably met, which is usually 2 to 8 years.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What dose this number mean 95CC2-2021-CR-178. It's in a criminal court case
Bennett James Wills
Bennett James Wills answered on Jun 7, 2021

That appears to be a case number.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Do I need a lawyer? What are the repercussions for a criminal trespassing charge? Will this be on my record?

I am being tried for criminal trespassing at my grandmothers house. I have, maybe2 speeding tickets, which I have paid. Will this be on my record? What should I do to prepare for my upcoming court date.

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

Do not post those incriminating facts on a public forum, and do not discuss this with anyone. Hire a competent attorney to get it diverted, dismissed and expunged. You do not want a criminal conviction on your record.

1 Answer | Asked in Domestic Violence, Criminal Law and Sexual Harassment for Tennessee on
Q: If somebody knows daughter get molested multiple times and hasn’t done anything what can victim’s mother be charged with

Her mother has known about the interactions and has done nothing she invites older men over She put drugs in her daughters mouth she takes naked pictures of her daughter and she hasn’t done anything about her daughter get molested

Bennett James Wills
Bennett James Wills answered on Jun 3, 2021

The mother could be charged with multiple crimes. Reporting abuse can be anonymous and should be reported to the Tennessee Department of Children's Services immediately at 877-237-0004. https://www.tn.gov/dcs/program-areas/child-safety/reporting/hotline-faq.html

1 Answer | Asked in Criminal Law for Tennessee on
Q: In Tn can you get split confinement for especially aggravated kidnapping
Anthony M. Avery
Anthony M. Avery answered on May 31, 2021

Not sure of your question. But that crime almost always carry an 85 % to be served sentence. Sometimes it is to be served 100 %. Your lawyer should have already told you this.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a judge convict a person on a charge they were never charged with, mirandized on, or given an opportunity to defend?

SN15897

Davidson County, TN

04/13/1995

https://sci.ccc.nashville.gov/Search/CaseSearchDetails/50381%5E790003%5ELEG_CC/MICHAEL%20D%5EANCELL%5E06041962%5E/

Anthony M. Avery
Anthony M. Avery answered on May 27, 2021

The answer should obviously be no. But if any of that is true, the incarcerated Defendant might want to file a Habeas Corpus Petition. He will need an attorney, and it could be filed in Federal or State Court.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Ok this is a big me and my fiance moved out of Tennessee June 2014 on the first.havent been back to Tennessee since we l

Left now we came to Arizona on June 12th of 2014 and now my fiance gir8locked up in Oregon and been there for 51 days before Tennessee picked him up ...and this is being said by his ex wife.his warrant wasn't even signed and now they get him in Tennessee and set his bond at 720,000 dollars but... Read more »

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

Not sure of your factual situation, but it sounds like your Fiance has been charged with Rape in Tennessee. He will need a competent criminal lawyer in this State that will be prepared to possibly try the Case. It appears that the Charge was initiated just inside the SOL. This is very serious... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Court cost for criminal mischief in west Memphis Ak

Damage to a machine at casino

Anthony M. Avery
Anthony M. Avery answered on May 21, 2021

Call the Court Clerk, give them your information, and ask them to compute it if they can prior to conviction.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I got charged with a schedule 2 with content to sale because it was in my safe but I don’t sale it. Am I going to prison

And how long do I have to do do I have other options

Anthony M. Avery
Anthony M. Avery answered on May 20, 2021

That is usually a Felony Charge, where any possession is charged as intent to distribute, etc. Hire a competent attorney immediately. Being in a safe suggests a search warrant, and a possible motion to suppress evidence. Do not talk to anyone else, especially on the computer or phone, which... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: How much will a lawyer cost me?

I'm trying to find a lawyer I have never hired one or really know the process but I have some court cases coming up and the judge told me to get a lawyer please help.

Bennett James Wills
Bennett James Wills answered on May 19, 2021

Hiring a lawyer is like hiring a professional for any other service. You can use the internet to find someone that practices in the subject matter area of your case(s). For example, if its a criminal case, you need an experienced criminal defense attorney. If it is a probate/estate planning case,... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can I get my charges dropped if my name is misspelled
Anthony M. Avery
Anthony M. Avery answered on May 18, 2021

Usually not. A new indictment or an alias will go down.

1 Answer | Asked in Criminal Law and Wrongful Death for Tennessee on
Q: can a person with any amount of meth in system be arrested and charged if they hit a pedestrian and pedestrian dies
Anthony M. Avery
Anthony M. Avery answered on May 13, 2021

There could be numerous criminal charges generated by such a scenario. If you know who the defendant is, tell him to not talk to anyone and hire a competent attorney immediately. An insurance company may need to be notified by your attorney.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Im charged with identity theft. Police came to my house 3 times. holding 2 white paper . didnt announce who or why

I would like to know how to find out whats going on

Anthony M. Avery
Anthony M. Avery answered on May 13, 2021

Apparently you already know the general nature of the criminal charges. Hire a competent attorney immediately. Do not talk to anyone about this, especially on the internet.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I am on informal probation for alcohol. I just had an overdose, which is now my 2nd. How likely is prosecution?

I went to the hospital, I was not charged or arrested, yet, I did not have anything on me, keys were not in ignition. Overdose was for opiates(fentanyl). Will a probation office be contacted? Should I get a lawyer? How do I know if they will decide to prosecute or not? Probation is for reckless... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 10, 2021

If no criminal charges were made, then probably no violation has occurred. It is possible the State will learn of violating your Probation Order, but stay away from drugs, work, and you will probably be alright for the next 11/29.

1 Answer | Asked in Products Liability, Criminal Law and Appeals / Appellate Law for Tennessee on
Q: Is there anyway to get back my vehicle after Tennessee seized it for transportation of illegal narcotics?

I have filed an appeal but because I was unable to afford an attorney I was forced to represent myself and since I didn't know what I was doing the judge ruled for Tennessee to keep it. I have the option now to ask for a stay and file another appeal to thebest of my understanding. If anyone... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 10, 2021

You will need an attorney and money, or forget about it.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is there anyway to get back my vehicle after Tennessee seized it for transportation of illegal narcotics?
Anthony M. Avery
Anthony M. Avery answered on May 10, 2021

If it was seized pursuant to a Forfeiture Warrant, then you must immediately demand a Hearing with the DOS, posting Bond. You will need a competent attorney.

1 Answer | Asked in Criminal Law for Tennessee on
Q: My daughters car was seized 4 days after her boyfriend was pulled over and arrested on drug charges. How does she get it

They had her come and get car from spot they arrested him and then seized car 4 days later from her apartment parking lot

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

If it was a Drug Forfeiture Warrant, then you must immediately demand a DOS Hearing and post Bond. But if it was seized as evidence, then the State has it and you will not get it back until the Criminal Court Judge orders it, upon Motion.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If a person has 3 drug misdemeanor' s expunged,will it count as a felony if he gets a new drug charge?
Anthony M. Avery
Anthony M. Avery answered on Apr 20, 2021

If the Misdemeanor Charges are Dismissed and Expunged, noone is going to know about the arrests/charges in first place. Those are not Convictions. Further they would have nothing to do with a new drug Charge. But drug Charges are usually Felonies anyway, as rarely do LEO's charge for... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is tampering with evidence a felony in Tennessee
Anthony M. Avery
Anthony M. Avery answered on Apr 20, 2021

Class E Felony

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