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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Tennessee on
Q: I have a long criminal law related questions so I typed it below. Please see below.

This question is a hypothetical. Im over the age of 18 and I'm talking to a 15 year old girl from Tennessee. If she was to send me an explicit photo without me asking for it or soliciting it in any way, what kind of legal trouble would I be in? If I immediately deleted the photo or told law... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 14, 2021

Those are both State and Federal Felonies involved. You should forget about the girl, and get a new phone and number...Today

1 Answer | Asked in Criminal Law, Products Liability, Real Estate Law and Civil Litigation for Tennessee on
Q: I need a good lawyer

Greeneville Tennessee area reason 73 state statutes violated. I want to get them. My email is my ramroddavid@yahoo.com landlord tenant AC stolen property violation harassment

Bennett James Wills
Bennett James Wills answered on Jan 13, 2021

Use the search function on this website, or any other website, to find an attorney local to you. I would recommend you interview as many attorneys as you need to determine who may best be able to serve you and your needs.

1 Answer | Asked in Criminal Law for Tennessee on
Q: was arrested in tn first time offender poss. Of prohib weapons and explosives for drain cleaner and foil. Any loops?

On family property. I had made a "works bomb" and now I have 2 felonies poss of prohib weapons and explosives. Poss of explosive components. For normal household items and no bad intentions and my life is ruined because of 1 bad decision and curiosity. Is there any way of expunging or... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 11, 2021

Hopefully you have not been convicted yet. If not, then hire a competent attorney today, as there should be some ways to maybe get Diversion or Misdemeanors. If convicted, th en you may need to file for a new trial or some other motions.

1 Answer | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Civil Rights for Tennessee on
Q: i received citation but cop has no info on pink copy except the court date which is dated for1/20 & its1/21 is it via?
Shanone Emmack
Shanone Emmack answered on Jan 11, 2021

you will need to call Maury County clerk's office. Your case will likely be reset because the courts are closed to most in-person proceedings until the end of January. The clerk's office will give you the correct court date.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What can I do if court appointed attorney won't return phone call or set up appointment and I can't afford an attorney?

My husband has been incarcerated for 7 months. His court appointed attorney has only seen him one time and that was when he was in front of the judge. She has not asked him what happened or gotten his side of the story. Her assistant said for my husband to call and give them the ok to discuss the... Read more »

Shanone Emmack
Shanone Emmack answered on Jan 9, 2021

The best solution is going to be to hire an attorney. I know you said you cannot afford one, but I would try to find a way to hire private counsel because they will give your husband and his case the attention it deserves.

Public defenders are busy and usually have a heavy case load. That...
Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: What to do about getting your criminal record expunge my last was in 2006
Anthony M. Avery
Anthony M. Avery answered on Jan 6, 2021

Most criminal convictions are not subject to expungements. Some dismissed charges where a lesser included offense becomes a conviction are not subject to expungement. It can be simple if there was diversion and dismissal. And a few E Felonies are expungeable. But by far most convictions... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Will I have to serve jail time for criminal trespassing?

And do I need a lawyer?

Cayley Turrin
Cayley Turrin answered on Jan 5, 2021

There is always a chance. Hiring an attorney for any criminal charges is always a safe bet.

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for Tennessee on
Q: Are employer's allowed to blantently say they will not hire me due to my pending charges even though my case is delayed?
Anthony M. Avery
Anthony M. Avery answered on Jan 4, 2021

Yes... Tennessee is an Employment Terminable At Will State

1 Answer | Asked in Criminal Law for Tennessee on
Q: While jailed in VA could you attend TN court thru video & if sentenced serve both sentences concurrently in VA?

My fiancée is currently serving a two and a half year sentence in a Virginia jail with 15 months remaining from a 2019 Bristol VA arrest.

After she serves her time there, Tennessee will have a hold, extraditing her to resolve a prior charge occurring in Bristol TN.

Her TN public... Read more »

Cayley Turrin
Cayley Turrin answered on Jan 4, 2021

It all depends on whether they are allowing transports into the jail or not.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Am I required to state that I have pending felony charges, though not convicted as of yet, on employment applications?
Cayley Turrin
Cayley Turrin answered on Jan 4, 2021

Depends on the wording of the question. Always best to say yes but that you are currently fighting it.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I pled guilty to a unlawful gun posession in return for a diversion program but missed court for the sentencing ...

Warrant was issued. I was told to wait until August 2021 due to local rule which will aid me in my case. What’s the rule.

Anthony M. Avery
Anthony M. Avery answered on Jan 1, 2021

I assume you were charged with Intent To Go Armed. Diversion is a one shot offer. Obviously you failed to conduct yourself properly in Court. Immediately hire a competent attorney to get you back in Court, set aside the VOP/FTA, and ask the Court for another chance at completing Diversion. Pay... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is it illegal to carry a handgun without a permit if I am just going to the store for example?

Now TN does require permits to carry open or concealed, but I noticed in the Tennessee Code 39-17-1308 under (a) 4 regarding “defenses to 39-17-1307” that it would be legal to carry without a permit if “Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 29, 2020

It would be arguably illegal to carry a firearm into a store without a HCP. I doubt that you would want to take a chance and try to take a criminal charge to the Supreme Court based on the 2nd Amendment.

Whether you need to be armed or not, is not a legal issue but a personal choice....
Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: If a person accused of raped did admit to a finger penetration what would that be listed under by law.
Bennett James Wills
Bennett James Wills answered on Dec 29, 2020

Need more facts for a full answer; but sexual battery at the least; maybe rape. See TCA 39-13-503. It could be worse if there are any aggravating factors. It's usually a good idea that the accused doesn't speak with law enforcement. An accused has the right to remain silent and the right... Read more »

1 Answer | Asked in Divorce, Child Custody, Child Support and Criminal Law for Tennessee on
Q: Mother in law won't stop unnecessary drama and borderline harassment.

I have a mother in law that either has a drug problem or some mental health issues or both. She always brings us up in drama that she has created and won't stop contacting us even though she's been told to stop until she can act right. This has been going on for years and can not act... Read more »

Ross Matuszak
Ross Matuszak answered on Dec 29, 2020

Thank you for your question. A way to keep your mother in law from contacting you is to file an order of protection. Orders of protection are civil orders granted in cases involving abuse, stalking (harassment is included in stalking for the purposes of an order of protection) or assault. From your... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: My question is why does it say $0.00 for my sister's bond amount on the inmate website?

also, this is posted on her court records( WARRANT BIND OVER ST2648-20, ST2649-20) I'm not sure what it means and I can't find those numbers anywhere online. Are the laws or codes or case numbers? any info would be appreciated. Thanks

Anthony M. Avery
Anthony M. Avery answered on Dec 22, 2020

There may not be a Bond set. But more importantly call the Court and ask the Bond amount. Sometimes the Jail knows. Finally, sometimes a Bondsman can find out. Sometimes a Bond is not set quickly, but it takes until the next day. Keep in mind the Bond is not important, it is the Charge she... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is there any state which will not extradite you for past felonies?
Anthony M. Avery
Anthony M. Avery answered on Dec 21, 2020

No State or Territory has such a policy to my knowledge. Some extradite for misdemeanors.

2 Answers | Asked in Criminal Law for Tennessee on
Q: How do you request for another public defender the one I have is not doing his job
Bennett James Wills
Bennett James Wills answered on Dec 18, 2020

Contact his/her supervisor.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: How much time do tampering with evidence carry
Anthony M. Avery
Anthony M. Avery answered on Dec 17, 2020

In Tennessee it is usually 4 years up, as in a Felony. You need to hire a competent attorney.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Requesting custody of my pup.

My boyfriend and I agree to get a dog 6 months ago. He agreed to pay for the dog if I agreed to buy the essentials for the dog to take it home. We are breaking and he says I can’t have the dog because he purchased it. I have paid for all the vet bills, grooming and other necessities for the dog... Read more »

Paul E. Tennison
Paul E. Tennison answered on Dec 16, 2020

You may sue in small claims court for possession of the dog or for the expenses. If he agreed to get the dog as a gift to you, it should be considered your dog. A lawsuit for the expenses may not be successful as you voluntarily agreed to pay said expenses. If you have additional questions you may... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: If you're arrested for having a hand gun while under the influence. Can you get you're weapon back?
Anthony M. Avery
Anthony M. Avery answered on Dec 14, 2020

Sometimes, but usually only after the charge is dismissed. Even then it is rarely worth the money and trouble expended. It is usually better to buy another weapon. Also you might wait a couple of years before asking for it back through an attorney.

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