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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Tennessee on
Q: How many days in jail do you have to do for Violation for probation?

My husband is in jail right now on a violation of probation and he has been in there since 9/11/2022 and it is 10/5/2022. His court date is Nov 16 it was tomorrow but they changed it.

Anthony M. Avery
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Anthony M. Avery
answered on Oct 5, 2022

Whatever Sentence was decreed may now be served incarcerated in total or part. There is no set percentage to serve, as it is up to the Judge's discretion. Husband needs to talk to his lawyer, and have a job waiting for him when he gets out.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If police officers do not possess a warrant, and they go in and arrest someone in someone else's home is it legal.

And what if the person who let them in does not own the residence?

Bennett James Wills
Bennett James Wills
answered on Oct 4, 2022

More facts would be needed. If they had an arrest warrant for someone and were otherwise let into the house then there's probably not an issue. Plus there are many exceptions to the warrant requirement regarding searches, seizures, etc. Consult counsel to determine whether any rights were violated.

1 Answer | Asked in Criminal Law and Identity Theft for Tennessee on
Q: What can you be charged with for using someone else's name whenever you are arrested
Bennett James Wills
Bennett James Wills
answered on Oct 4, 2022

Yes. It is a crime to give a false identification.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What sentencing would two accounts of poss of a controlled substance with intent to sell man dist sched. 2&4 con. Substa

I am curious what the sentencing might be in Shelby county Tennessee for two accounts of possession of a controlled substance class 2 and 4 with intent to sell manufacture or distribute hold? Also what determines whether it was with intent or not? Thank you so much for your time this is very urgent... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Oct 3, 2022

Probably a minimum of 4 years. Talk to your attorney or hire one now. Those are serious Felonies which will affect you for life.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Could I be charged with possession for carrying my prescription drugs outside of their original bottle? I live in TN.
Anthony M. Avery
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Anthony M. Avery
answered on Sep 30, 2022

Yes, it happens alot . Be prepared to go to Court with a current prescription as of the date of the arrest/cutation, without any pills present.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Expungement eligibility

I was convicted of a felony that was lowered to a misdemeanor in January of 2019. I am eligible for expungement 5 years from completion of the sentence. I was sentenced to 11/29 suspended to time served. Does the 5 years start from the date my sentence was suspended to time served, or does it begin... Read more »

Cayley Turrin
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Cayley Turrin
answered on Sep 29, 2022

It should be after it is completed.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If I'm not on the scene when the police show up how long do they have to arrest me on the charges?

BTW she filed them at the police station bc I have had no contact with her whatsoever and she is not allowed on my property but they came looking for me at my house.

Anthony M. Avery
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Anthony M. Avery
answered on Sep 26, 2022

Misdemeanors must be instituted within 1 year of the incident. Most Felonies must be initiated within various numbers of years.

1 Answer | Asked in Criminal Law for Tennessee on
Q: In Tennessee is there a time limit on when a trial can begin? Or can it be delayed by the court indefinitely?
Anthony M. Avery
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Anthony M. Avery
answered on Sep 26, 2022

Pretty much the Court can set Trial at their discretion. Defendants can file a Motion for a Speedy Trial. Many cases take years to try, then appeals.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What if the person filing a police report gives themselves a false name due to warrants for their arrest
Anthony M. Avery
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Anthony M. Avery
answered on Sep 21, 2022

That is usually a Criminal Impersonation charge.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was served a federal subpoena to appear in court 09/23/2022 as a witness in a criminal case. Is it liable?

I read that it must be given 5 days in advance?

Bennett James Wills
Bennett James Wills
answered on Sep 21, 2022

You'd be wise to call the attorney that issued the subpoena and have a discussion about it.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What is the legality of a writ of score facias in Tn since federally it is unlawful or been done away with in federally

A writ of scire facias being done for an individual to be held without bail

Bennett James Wills
Bennett James Wills
answered on Sep 20, 2022

Legal under TCA 40-11-212

1 Answer | Asked in Criminal Law for Tennessee on
Q: How can a writ of scire facias be federally unlawful or done away with but still be used by some states?
Anthony M. Avery
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Anthony M. Avery
answered on Sep 19, 2022

Show Cause Order is not unlawful, and is used in many different cases. If you received one, be prepared to put on proof.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I missed my probation appointment because I had the delta variant but I called. Am I in violation in tn?

I have doctor's notes but not for the time of the appointment but 2 days later my family had to call an ambulance for me

Anthony M. Avery
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Anthony M. Avery
answered on Sep 15, 2022

Probably a VOP. Call your Probation Officer today, or go see him. Explain what happened and be prepared to show medical records. If violated, do not plead guilty but try it.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If me and my roommate got to fighting and they couldn’t determine who started it will the court file charges against me

I bite her and she made all my nails bleed because I had acrylics on but campus police couldn’t determine who started the fight so they took both of us to jail and we got charged with domestic violence this is my first offense of any kind with the police will the case get dismissed or will I... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Sep 14, 2022

Those are serious charges, worse than some Felonies. Hire an attorney to get it Diverted, Dismissed and Expunged. Jail is the least of your worries if you are convicted.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If an inmate has been bonded out but has a hold for another county. How long does the other county have to come get them

It's in Tennessee

Anthony M. Avery
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Anthony M. Avery
answered on Sep 14, 2022

There is no time limit. The Defendant should have considered the other Charge prior to making Bond for another Charge. Under many circumstances, he threw his money away unless he can dispose of the second Charge.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Tennessee on
Q: Hi my names erica I have been subpoena to court to testify on behalf of the state do I have to apear I just got it today

And I have to be there tomorrow it was sent by mail

Anthony M. Avery
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Anthony M. Avery
answered on Sep 13, 2022

That is an Order of the Court for you to testify in Court. That means you tell the truth, which does not necessarily help the DA.

1 Answer | Asked in Criminal Law for Tennessee on
Q: what kind of punishment am i looking at for allegedly having contraband in a jail i was already in working as a trustee

even though no drugs were found on me or in the jail but 3 other trustees failed drug screens and stated they came from me but i never even was given a drug screen myself. based on statements given by 3 trustees i was charged with 2 counts of contraband in the jail with no drugs found what so... Read more »

Cayley Turrin
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Cayley Turrin
answered on Sep 8, 2022

It is a C Felony and would be 3-5 years.

2 Answers | Asked in Criminal Law for Tennessee on
Q: Hello, Is your bond money returned when case is settled. Or can it be returned upon revocation? Thanks
Anthony M. Avery
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Anthony M. Avery
answered on Sep 6, 2022

Premium Amounts for Criminal Appearance Bonds through a Bond company are never paid back. Some or all of Cash Bonds can usually be ordered returned by the Court. Property Bonds need a recorded Release.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a felony for aggravated assault be overturned after the conviction in jail time and all that?

He claimed to me that his felony was overturned and I just find it odd, I’d like to know if there’s a chance that a Felony can be overturned. I also got one a few years ago for reckless aggravated assault, and I was told it could not be overturned, I know he didn’t get a diversion Because he... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Sep 6, 2022

If you know what County he got in trouble, call the Criminal Court Clerk and find out. He might have had some rights restored and not others.

1 Answer | Asked in Criminal Law for Tennessee on
Q: My sister in law was in jail and while she was in there a so called friend forged her name on title to her motorcycle

What can she do, if there is anything I mean she was in jail when it happened they flat stole it from her. She didnt sign it could the title be looked at by law enforcement to see the signatures dont match id like to get a answer for her quick cause she is pretty upset

Anthony M. Avery
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Anthony M. Avery
answered on Sep 5, 2022

She needs to call the Sheriff and seek a criminal warrant. Have a Registration available, which may require a trip to the County Clerk. Witnesses to the theft need to be ready to testify under Subpoena.

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