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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Real Estate Law, Civil Rights and Lemon Law for Tennessee on
Q: Hello, we just bought a house from someone who “flipped” it after it was foreclosed on & we found lot of mold covered up

We have several walls down due to mold and the floor and ceiling in some areas along with our roof in need of mending to prevent it from coming back this is costing us a lot of money and has been very unsafe for my family we would like to take action against them but are unsure of what kind of... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Aug 9, 2020

You can probably find a general practice attorney who will take the case. Of importance to your case will be the representations made by the seller and whether you received a warranty or bought it "as is." One of their defenses will be whether you had a property inspection or not.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is inflicting permanent blindness considered severe bodily harm and can I use deadly force to stop it?

I have seen numerous video's of protestors shining green lasers into the eyes of their opponents. Lasers can cause permanently blindness, especially at night. Would I be justified in using lethal force to prevent this happening to me or another person?

Anthony M. Avery
Anthony M. Avery answered on Aug 7, 2020

If at possible you do not want to be the one the raise the defense. Deadly Force is extremely serious business, just the threat can get you in trouble. Many persons would not consider a laser to be deadly, which would hurt your case. And Self Defense is not a pre trial motion to dismiss. It is... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was sentenced in 1/18/02 to an 18 year sentance and none of my judgements required lifetime supervision but on 1/22/20

After sentance Expired they got a court order placing me on lifetime supervision and the PO told me that it was illegal is this true

Anthony M. Avery
Anthony M. Avery answered on Aug 4, 2020

Whether the Court had Jurisdiction to increase your Sentence at the end is basically irrelevant. You need to file a Motion To Modify (or Deem Completed) your Sentence. You should have been given Notice of the State's Motion and a chance to appear. Hire a competent TN attorney and get this... Read more »

2 Answers | Asked in Criminal Law for Tennessee on
Q: How do I go about getting the audio from my court date? My sentence is incorrect and the fines are also incorrect.

I have tried already for a year to get my lawyer's help and he has yet to help me. I am not sure what to do.

Cayley Turrin
Cayley Turrin answered on Aug 2, 2020

Ask the court clerks office in the county that you were in court a year ago and they should be able to help you.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Are there legal services for criminal cases to represent people who cannot afford a lawyer?

If so, can you please add contact information?

Cayley Turrin
Cayley Turrin answered on Aug 2, 2020

It is the Public Defenders Office and you will have to qualify and be appointed them by a Judge.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What would be considered "good cause" to get rid of a warrant?

Misdemeanor warrant for not showing up to court years ago.

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Aug 1, 2020

That's a wide open question. I got rid of a warrant where a guy was in the hospital for heart surgery, when he agreed to a payment plan to pay court costs. I had a capias in criminal court in Monroe County for failure to appear, and they would not let me out of it. I heavily suggest that... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If me and my spouse got into a fight and one person the woman ended up with a red busted blood vessel but I didn't hit

Can I be charged with abuse. Even if she don't wanna press charges

Anthony M. Avery
Anthony M. Avery answered on Jul 31, 2020

Yes.. Domestic Assault Charges are very easy to swear out by either the alleged victim or a LEO. It is a very difficult crime to defend against, and you will need a competent attorney. That Misdemeanor is worse than some Felonies. And it is the State's Case, not the victim's.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Misdemeanor from 20 years ago time served and new laws (5 to 7 yrs) stop me from buying a handgun. Anything I can do?

I was charged with assault with a deadly weapon like 23 years ago. It was a misdemeanor. I had no problems buying a handgun after i served my time. I bought several legally actually. So now i find out my misdemeanor is now a Class A which now prohibits me from purchasing a handgun. I fell I am... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 30, 2020

Assault with a weapon is a Felony, then and now in TN. You need to get a copy of your Warrant/Judgment of Conviction and hire a competent attorney to tell you what you pled guilty to. Such a Misdemeanor is not a firearm disability, but the DOS /TBI may be interpreting (or knows) the conviction... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: On warrant states reckless endangerment,does that cover FELONY endangerment also? 39-13-103
Anthony M. Avery
Anthony M. Avery answered on Jul 30, 2020

Yes... That Statute includes both Felonies and Misdemeanors.

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: Is it illegal to buy cannibas seeds where cannibas is illegal "Tennessee"
Cayley Turrin
Cayley Turrin answered on Jul 29, 2020

Yes it is.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How does an inmate file for a motion to have their sentences to run concurrently instead of consecutive.
Anthony M. Avery
Anthony M. Avery answered on Jul 28, 2020

That is part of the Sentencing, precisely. It should have been argued prior to the Judge ordering the Sentence or in any plea negotiations. You might file a Motion To Modify Sentence, but I do not believe the Statutes would even allow such a modification. This would be properly argued on... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Child Support for Tennessee on
Q: I’m the dad was not ever married daughter is now 16 lives with 21 year old I wasn’t informed what is my options

Do I still have to pay child support she will be 17 in 8/10/2020 what’s my legal opt I do have visitation rights

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 28, 2020

Hire a local family law attorney and proceed according to their suggestions.

1 Answer | Asked in Criminal Law and Collections for Tennessee on
Q: 39-13-101(a)(3)i work @ a rent to own company i placed my foot in a customers door. My intention maintain contact. good?

after 30 mins of waiting on his porch after contact was broke i knocked on the door. he answered, we said a few things, not argumentative, just discussing his options return or pay. i propped my foot in the door to prevent him from closing the door and ending contact. my intentions for doing that... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 27, 2020

Hire a competent attorney to represent you on the Assault Charge. You will need to prepare for a Preliminary Hearing. Unless there are other facts than what you have set out, I would not agree to Diversion but try it if it is not dismissed after the Prelim. Do not have any contact/communication... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Tennessee on
Q: How long can someone b held without a bond even after arraignment

Charges are said to b Agg. Assault, vandalism times 2, violation of order of protection, Arrest 2 prior times, no bond, jail does not have paperwork/warrants, circuit court only meets once a month, arrested this time on july 18th

Anthony M. Avery
Anthony M. Avery answered on Jul 27, 2020

The Defendant needs a real attorney. A written Motion To Set Bonds must be filed and argued. I suspect he has been charged again while being on Probation or out on Bond.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I have 30 years on a 35 year sentence done. Most of it on parole. Can i get my time from being inside recaulculated and
Cayley Turrin
Cayley Turrin answered on Jul 21, 2020

Unless there is a valid reason to recalculate it (i.e. missing good time, program credits) there is no point in doing so.

2 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Can someone please point me in the right direction? I’m lost and I don’t know what to do. We’re young and have no help

I called 911 to help my husband who was having a seizure. The police made me sign papers while he was dying without telling me what they were and while I was frantic and not in my right mind to sign anything due to me trying to get to the hospital to be with my husband. I feel like They are now... Read more »

Cayley Turrin
Cayley Turrin answered on Jul 21, 2020

Yes, I would hire an attorney to fight for you in this matter.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Whats the most time could you recieve for failing drug test o.n community corrections

Is there anyway to get another chance on community corrections

Cayley Turrin
Cayley Turrin answered on Jul 21, 2020

The most is that your sentence be put into full effect.

1 Answer | Asked in Consumer Law, Criminal Law and Identity Theft for Tennessee on
Q: Stolen Check / Identity Thief

Someone passed a stolen check of mine and made a purchase of over $1000 at a Tennessee Walmart in late 2001. I was not aware of this until June 2020 when I was trying to purchase a handgun and was rejected by the TBI. The information I was given is that there is a case against me in the county... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 20, 2020

Most importantly, you need to know if it was only a charge, or a conviction. A charge is not a firearm disability although the TBI will not okay your firearm purchase from a FFL. But a conviction, and a felony at that, will be life changing. Hopefully it is only a charge, and a very good... Read more »

2 Answers | Asked in Criminal Law for Tennessee on
Q: I was charged with burglary from walmart for $30 worth of merchandise that did not scan at self checkout. Then was told

Was charged with theft under $1000. I had no intent on taking anything. I was Christmas shopping and the scanner must have not scanned everything like I thought. What can I do?

Cayley Turrin
Cayley Turrin answered on Jul 18, 2020

I would hire an attorney to fight these charges for you.

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1 Answer | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: Tn. Aggravated domestic assault. What happens if person doesn't show that was Allegedly assaulted

I was not read read my Miranda rights either does that fall into place in anything.Can give more details over phone.

Anthony M. Avery
Anthony M. Avery answered on Jul 14, 2020

If the alleged victim witness does not appear in Court, the Court might dismiss it or continue it. If the Case goes before the Gran Jury, an Indictment may or may not be returned. It is a class c felony. If you said something incriminating, it will be used against you unless you file a... Read more »

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