Tennessee Criminal Law Questions & Answers
Q: I have a Class E felony ($1,000) - ($2,500) How much time in jail I have to do without a lawyer
Anthony Marvin Avery's answer
Range 1 Offender might get 2 years. But you need to hire a competent attorney. It may have been an Attempt or Aiding /Abetting. Restitution might be a strong factor to get to a Misdemeanor or even Diverted. Unless you are a career criminal, hire a lawyer now.
Range 1 Offender might get 2 years. But you need to hire a competent attorney. It may have been an Attempt or Aiding /Abetting. Restitution might be a strong factor to get to a Misdemeanor or even Diverted. Unless you are a career criminal, hire a lawyer now.
Q: Does the defendant need legal counsel during grand jury proceedings?
Marcus Lipham's answer
Typically, the defendant is completely excluded from the grand jury process and shouldn't need an attorney until the grand jury indicts them. Here's the lawyer part... however, I have heard of technical issues where an attorney for a defendant was allowed to set in during the grand jury process. I've never verified that but was told that by a respected Tennessee attorney. But the typical process is sit back and wait on the grand jury process.
Typically, the defendant is completely excluded from the grand jury process and shouldn't need an attorney until the grand jury indicts them. Here's the lawyer part... however, I have heard of technical issues where an attorney for a defendant was allowed to set in during the grand jury process. I've never verified that but was told that by a respected Tennessee attorney. But the typical process is sit back and wait on the grand jury process.
Q: My granddaughter was assault by another girl in May of 2018 an officer filed report charging her with assault and burg
Anthony Marvin Avery's answer
If it is still within one year of the incident, and you have a Witness that can testify to the facts, then you can ask the Police and/or a Magistrate to issue a Warrant for Assault, and possibly Vandalism. You need the name and current address of the assailant, and you should review the Police Report you do have. If nothing else, your Granddaughter can ask to appear before the Grand Jury. An attorney cannot help you in this matter usually.
If it is still within one year of the incident, and you have a Witness that can testify to the facts, then you can ask the Police and/or a Magistrate to issue a Warrant for Assault, and possibly Vandalism. You need the name and current address of the assailant, and you should review the Police Report you do have. If nothing else, your Granddaughter can ask to appear before the Grand Jury. An attorney cannot help you in this matter usually.
Q: I'm located in Bledsoe county Tennessee. My husband was in court Friday and the judge revoked his bond for no reason.
Mr. Kent Thomas Jones Esq.'s answer
I'm not sure what your question is. Usually there is a reason. I would consult with a local criminal defense attorney. If you cannot afford one, the Court can appoint one for you.
I'm not sure what your question is. Usually there is a reason. I would consult with a local criminal defense attorney. If you cannot afford one, the Court can appoint one for you.
Q: Does unlawful weapon possession and drug para charge take away gun rights in tn?
Anthony Marvin Avery's answer
A Simple Possession conviction is a Misdemeanor and does not create a Firearm Disability. However a background check will have the charge and a conviction if any, which will cause most FFL's to not sell you a gun. Despite their refusal to transfer a weapon, you would still not have a Firearm Disability. Hire a competent attorney to get you Diverted, Dismissed and Expunged. Do not plead guilty to a straight conviction.
A Simple Possession conviction is a Misdemeanor and does not create a Firearm Disability. However a background check will have the charge and a conviction if any, which will cause most FFL's to not sell you a gun. Despite their refusal to transfer a weapon, you would still not have a Firearm Disability. Hire a competent attorney to get you Diverted, Dismissed and Expunged. Do not plead guilty to a straight conviction.
Q: What is minimum time to serve on a Class A Felony 18 year sentence for aggravated assault on minor under 6 years old?
Anthony Marvin Avery's answer
Aggravated Assault is either a C or D Felony, so she is convicted of something else, probably Attempted Murder or a Child Abuse Crime.
Without looking at the Judgment of Conviction(s), I would guess she will have to serve at least 15.3 years prior to a Parole Eligibility Date. Maybe 2027 at the earliest. If she actually does some sort of Appeal or Post Conviction Action, she then might be successful.
Aggravated Assault is either a C or D Felony, so she is convicted of something else, probably Attempted Murder or a Child Abuse Crime.
Without looking at the Judgment of Conviction(s), I would guess she will have to serve at least 15.3 years prior to a Parole Eligibility Date. Maybe 2027 at the earliest. If she actually does some sort of Appeal or Post Conviction Action, she then might be successful.
Q: When a search warrant is issued how long does a police officer have to give before entering the premises.
Anthony Marvin Avery's answer
After a Judge issues the Search Warrant, the Officers usually execute and return the executed Warrant to the Court within 24 hours of issuance.
After a Judge issues the Search Warrant, the Officers usually execute and return the executed Warrant to the Court within 24 hours of issuance.
Q: If u did appear in court to be classed a HMO driver and u get arrested for one will that be the same charge
Anthony Marvin Avery's answer
I am not sure of your question. But if you were declared a Habitual Motor Offender, then were caught driving, it is a Class E Felony. This is a new criminal offense, as becoming a HMO is not a criminal violation but the judicial declaration of a civil status. You need a competent attorney now, as it appears you did not know what you were doing when you agreed to the HMO status.
I am not sure of your question. But if you were declared a Habitual Motor Offender, then were caught driving, it is a Class E Felony. This is a new criminal offense, as becoming a HMO is not a criminal violation but the judicial declaration of a civil status. You need a competent attorney now, as it appears you did not know what you were doing when you agreed to the HMO status.
Q: If E-mail or US mail is sealed or unopened is it protected from search and seizure?
Mr. Kent Thomas Jones Esq.'s answer
No. If there is suspicion leading that there is probable cause that there is something in it than should be, then it can be searched.
No. If there is suspicion leading that there is probable cause that there is something in it than should be, then it can be searched.
Q: My daughter is 17 and was written a citation to appear in court for shoplifting. What I can I expect to happen?
Anthony Marvin Avery's answer
If it was $ 500 or more, it is a Felony. But probably not as a Citation was issued. Hire a competent attorney at a minimum fee to either get it Diverted or transferred to Juvenile Court. A conviction will hurt her forever. She may need to make restitution.
If it was $ 500 or more, it is a Felony. But probably not as a Citation was issued. Hire a competent attorney at a minimum fee to either get it Diverted or transferred to Juvenile Court. A conviction will hurt her forever. She may need to make restitution.
Q: can a judge sentence a person when there where 2 ppl that was accused of a crime but only 1 got charged the other MIA
Anthony Marvin Avery's answer
Sometimes that is a good defense at Trial: that is the other guy did most of the Crimes. There is nothing preventing the State from just prosecuting you however. Hire a competent attorney to file Discovery and other Motions. If you know where the other suspect is, you might be able to Subpoena him to Trial, if the State will not arrest him. Even if he does not show up, it might be a significant defense to argue with.
Sometimes that is a good defense at Trial: that is the other guy did most of the Crimes. There is nothing preventing the State from just prosecuting you however. Hire a competent attorney to file Discovery and other Motions. If you know where the other suspect is, you might be able to Subpoena him to Trial, if the State will not arrest him. Even if he does not show up, it might be a significant defense to argue with.
Q: Hello, I am just asking for some legal advice to help a friend. They have/had a warrant that's over 10 years old.
Mr. Kent Thomas Jones Esq.'s answer
Warrants are sometimes difficult. I did have one situation where the guy had 2 five year old warrants. He had an excuse. He had been in another state having heart treatment. The warrants were for costs. We worked out a deal where he agreed to a payment plan on the warrants, and the judge did away with them. In another case a guy had paid restitution, but the court would not allow him out of a capias warrant that was over 3 years old without turning himself in to be arrested. So, it seems...
Warrants are sometimes difficult. I did have one situation where the guy had 2 five year old warrants. He had an excuse. He had been in another state having heart treatment. The warrants were for costs. We worked out a deal where he agreed to a payment plan on the warrants, and the judge did away with them. In another case a guy had paid restitution, but the court would not allow him out of a capias warrant that was over 3 years old without turning himself in to be arrested. So, it seems...
Q: What is the Penalty of unlawful possession of firearms And it’s the first charge ever in Tennessee
Mr. Kent Thomas Jones Esq.'s answer
Tennessee Code
Title 39 - Criminal Offenses
Chapter 17 - Offenses Against Public Health, Safety and Welfare
Part 13 - Weapons
39-17-1307 - Unlawful carrying or possession of a weapon.
39-17-1307. Unlawful carrying or possession of a weapon.
(a) (1) A person commits an offense who carries with the intent to go armed a firearm, a knife with a blade length exceeding four inches (4²), or a club.
(2) (A) The first violation of...
Tennessee Code
Title 39 - Criminal Offenses
Chapter 17 - Offenses Against Public Health, Safety and Welfare
Part 13 - Weapons
39-17-1307 - Unlawful carrying or possession of a weapon.
39-17-1307. Unlawful carrying or possession of a weapon.
(a) (1) A person commits an offense who carries with the intent to go armed a firearm, a knife with a blade length exceeding four inches (4²), or a club.
(2) (A) The first violation of...
Q: My friend has felony charge ( violent) 13 yrs ago. Is their option of owning fire arm ever again?
Q: My friend has felony charge ( violent) 13 yrs ago. Is their option of owning fire arm ever again?
Anthony Marvin Avery's answer
Felons have a permanent firearm disability. A competent attorney can advise him about what types of non-firearm weapons he can possess. However he should examine the Judgment of Conviction to see if he was actually convicted of a Felony. A charge, Warrant or Indictment, is not a conviction.
Felons have a permanent firearm disability. A competent attorney can advise him about what types of non-firearm weapons he can possess. However he should examine the Judgment of Conviction to see if he was actually convicted of a Felony. A charge, Warrant or Indictment, is not a conviction.
Q: My roommate wants her boyfriend to move in with us. I have a young daughter so Did an arrest and backgroun check on him.
Lawrence James Arnkoff's answer
Your intuition regarding letting this man move in is correct.
Nothing about the situation or his background would lead
you to conclude it would be prudent to expose your daughter
and yourself to take that risk. Not having his criminal history in front of me
I can't say for sure what is on it but any category that shows
department of corrections would most likely mean he has
spent time in custody. Trust your instincts and ask both of them...
Your intuition regarding letting this man move in is correct.
Nothing about the situation or his background would lead
you to conclude it would be prudent to expose your daughter
and yourself to take that risk. Not having his criminal history in front of me
I can't say for sure what is on it but any category that shows
department of corrections would most likely mean he has
spent time in custody. Trust your instincts and ask both of them...
Q: Hi, I'm looking for a specific statutes outlining the legalities of starting a boxing club in TN. Thank you
1 Answer
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Answered on Feb 18, 2019
Answered on Feb 18, 2019
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