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Tennessee Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Tennessee on
Q: I was pulled over by Brentwood tn police in nashville for my tint being to dark. Is that a good circumstance ...
Anthony M. Avery
Anthony M. Avery answered on Sep 27, 2021

I do not know what a good circumstance is. But Tinted Glass can be a Rule of the Road violation, and is thus a legitimate reason for a stop.

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1 Answer | Asked in Constitutional Law and Criminal Law for Tennessee on
Q: I was ride through Brentwood tn and a Brentwood police pulled me over in nashville tn. Is there possible?
Cayley Turrin
Cayley Turrin answered on Sep 27, 2021

Simple answer yes. It really does depend on the circumstances.

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Does accepting pretrial diversion preclude me from suing police in civil rights case

I was arrested for first time in my 61 yrs for assault of police, resisting arrest, and disorderly conduct. I had called 911 after being the victim of road rage and simply ask police to put on their masks due to COVID. I was injured in arrest and refused medical care. That evening after released... Read more »

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

From your facts I do not see a §1983 cause of action. But Diversion is usually the best disposition. Prior to the plea you will want to talk to an experienced attorney who knows how to file a Government Tort Liability Action. Again I would not file the suit as it is not a perfect... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: does the state have to have the gun for it to be a possession?
Anthony M. Avery
Anthony M. Avery answered on Sep 21, 2021

Do you have a question, as the State possesses many thousands of firearms.

1 Answer | Asked in Criminal Law and Family Law for Tennessee on
Q: Is the charge of aggravated child abuse to a child 9-17. Expungable in the state of Tenn?
Anthony M. Avery
Anthony M. Avery answered on Sep 20, 2021

A Dismissable could be expunged. Conviction is permanent and no expungement.

2 Answers | Asked in Criminal Law for Tennessee on
Q: i am charged with possesion of marajuana with intent to resell and possesion of methampedamine withing 500ftof a school

first offense only about 3.5lbs of marajuana and 7.5 grams of meth..what am i facing

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

Probably 8 to 12 years. Maybe more.

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1 Answer | Asked in Consumer Law, Criminal Law and Personal Injury for Tennessee on
Q: herlp with idenity theft personal freedom violations forgery fraud illigeal financial transactions theft cryptocurtency

im west tn it is ongoing and expanding to point cell numbers emails stolen every sigle aspect my life affected hidden cam ease dropping- extensive.. point i am complete prisioner who would i contact to help stop and convict these individuals thanku respectfully jg MD

Tim Akpinar
Tim Akpinar answered on Sep 15, 2021

A Tennessee attorney could advise best, but your question remains open for two weeks. You could reach out to attorneys who handle identity theft matters. It could also be worth considering reaching out to financial institutions who handle your banking and credit cards to find out if the identity... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Should the indictment read theft of property over 1000 instead of simply theft of 1000 .
Anthony M. Avery
Anthony M. Avery answered on Sep 13, 2021

Probably... But that is the State's Burden of Proof, and is simple to meet as the victim can testify to the value of property stolen.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How can a person be charged with second degree murder and voluntary manslaughter?
Anthony M. Avery
Anthony M. Avery answered on Sep 13, 2021

Those two homicide charges can be very factually related, and are often different Counts of the same Indictment. Second Degree appears more intentional without provocation.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What is a judge's ability in the State of Tennessee to expunge or otherwise modify a conviction of Class C robbery?

Conviction was under 39-13-401. Defendant will have completed 6 years probation on October 12, 2021.

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

You might modify the Sentence to Unsupervised Probation. The Conviction is probably permanent outside of a Pardon.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: TN Convicted of Domestic Assault years ago. My Fiance owns several firearms. Is it OK for her to keep them in our house?

I live in Tennessee and I pled guilty to a misdemeanor Domestic Assault about five years ago. I was forced to sign a piece of paper stating that I must surrender all of my firearms and that I would never be able to own a firearm again. My question is this: I am getting married soon and my fiance... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 3, 2021

Your future Wife does not lose her rights by marrying you. You should not touch the firearms nor ammunition, and it would be better for her to have a safe for most of it. I suspect she carries one or more firearms. I am sorry that you got talked into pleading to a crime worse than many... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Tennessee on
Q: Hi former LEO here 34 years old never been in trouble a day in my life and I was served with a criminal summons today. I

Went to my former employer got booked in and given a court date. My question is since I have never been on this side I am not sure what kind of attorney I need to speak with over this matter?! I live in the country side my neighbor is claiming my dog roams at large and killed one of her chickens….

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

As as a former LEO you know to keep your mouth shut, including on this forum. Take care of your dog for awhile so no further trouble erupts. Hire about any decent, competent attorney to represent you, as you need him to talk to the DA. Be prepared to make Restitution, probably at the first... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: What should the bind amount be for sale of a schedule II
Anthony M. Avery
Anthony M. Avery answered on Aug 27, 2021

Every Court is different. A Felony Bond like that can usually range from $5k to $ 25K. Some alleged dealers pull a $ 50k Bond.

2 Answers | Asked in Criminal Law for Tennessee on
Q: What is the statue of limitations on prosecuting credit card fraud

Was incarcerated for this charge in 2014

Anthony M. Avery
Anthony M. Avery answered on Aug 26, 2021

In TN it depends on the amount of theft, but could be as much as 8 years. Federal is usually 5 years.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: I have a non violent felony in Tennessee, I can carry w/permit....Can I carry w/ new permitless law ??
Anthony M. Avery
Anthony M. Avery answered on Aug 20, 2021

If you are a convicted felon, then you cannot possess firearms nor ammunition. Consult with a competent attorney about what would be your legal weapons.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Does a Tennessee respondent have to go to a TRO hearing?
Anthony M. Avery
Anthony M. Avery answered on Aug 18, 2021

Usually not unless there is some special order from the Court. If you do not attend, the Court will definitely issue a Restraining Order, and possibly other mandates or orders which you will not know about until you are held in contempt or levied upon. Hire an attorney and definitely go to Court.

1 Answer | Asked in Criminal Law for Tennessee on
Q: case was dismissed in GS court for an illegal traffic stop. I kept getting lawyers that had conflicts of interest.

It was proven in general sessions that the officer that stopped us made an illegal stop. He couldn't tell us why he stopped us and lied in court. I kept getting new lawyers because of conflict of interest. I was given the public defenders office and they were representing the other people... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 17, 2021

You have not stated what occurred. Apparently you need to hire a competent attorney to examine the Case. Either it needs to be expunged or if active, a Motion To Suppress must be filed and argued. A Speedy Trial Motion may be in order. Again hire an attorney and quit taking your free public... Read more »

1 Answer | Asked in Landlord - Tenant, Criminal Law, Civil Litigation and Constitutional Law for Tennessee on
Q: Can my landlords brother enter my residence without notice after I told them not to enter via text cause I wasn’t there?

I have it in writing via text, I said do not enter my residence without me being present. Now I have a valuable coin collection missing along with several hundred dollars

Cayley Turrin
Cayley Turrin answered on Aug 16, 2021

I would call the police and report this.

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Tennessee on
Q: What happens when the prosecutor doesn't turn over body cam footage as requested by the defendant's attorney?
Cayley Turrin
Cayley Turrin answered on Aug 16, 2021

Your attorney should file a motion to compel.

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