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Tennessee Criminal Law Questions & Answers
2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: How do I get my gun back from the police if I was arrested for a fta only for no drivers license they have it in Evidenc

And keep giving me different days to come back to pick it up but when I do they keep giving me a run around about it saying the cop has to give it me but when I go on the days they tell me the won’t give me it or the officer is not their on shift and it wasn’t put on my property paper I feel... View More

James L. Arrasmith
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answered on Jun 11, 2024

To get your gun back, you need to follow a few steps to ensure you're taking the right approach. First, document every interaction with the police department, including dates, times, and names of the officers you speak with. This will provide a record of the attempts you’ve made to retrieve... View More

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1 Answer | Asked in Criminal Law for Tennessee on
Q: My husband currently has warrants out of Hamilton county for theft over a thousand and salt however he was in Illinois

I also have messages from messenger on Facebook of her saying that she falsified the charges. She didn't want to go down there and attempt to take them off because she didn't want to get charges of falsifying of a police report. She's also a felon so I don't understand how she... View More

Anthony M. Avery
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answered on Jun 10, 2024

Husband needs to hire a good attorney now. He will need to lower the bond if possible, and definitely prepare for a Preliminary Hearing. Victim might not show up, but Courts usually give the DA 2 0r 3 times to get his witness to testify. Do not talk to the victim/witness again.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a voter registration fraud charge be dismissed if the state error in the charge?

TCA

2-19-109

2--19-107

Anthony M. Avery
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answered on Jun 3, 2024

If you are at General Sessions, then you make a Motion To Dismiss as all elements not shown. If Indicted, then you may have to try it and make a Rule 29 Motion at the end of the State's Case. Hire a competent attorney.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How do i request that the State DA re- review a felony charge because i believe there's an error in the charge.

TCA

2-19- 109

2-19-107

Anthony M. Avery
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answered on Jun 3, 2024

It is up to to the DA to decide what criminal statute he prosecutes under. Do not help him put you in jail. It is up to your lawyer to make a Motion For Judgment Of Acquittal or maybe (a big maybe), a Bill of Particulars.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a person get a 1-8 split after violating on state probation and catching new charges?

My boyfriend is on 4 years and has 26 months done on it plus has caught a drug charge vandelism, assault, and retaliation. He has set in jail for a year now.

Anthony M. Avery
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answered on May 30, 2024

I do not know what a 1-8 split is. But boyfriend needs an attorney now. The retaliation charge alone will merit a large bond if one is set. Any charge, not just a conviction, is a violation of probation. So he will probably at least complete the 4 year Sentence incarcerated, and may get... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Business Law for Tennessee on
Q: If I get a car from a dealership but make payments to another dealership, is something illegal happening?

Filed complaint with tn commissions and car dealership that I make payments to said they never sold me a car...but I believe they have multiple lots was even told by the lot I got car at. Some of the payments was not reported right. I have time recipts of transactions

Anthony M. Avery
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answered on May 28, 2024

Filing a Complaint without knowing most of the facts could get you repossessed. Hire an attorney to look at your financing statement. Then you and him start calling the noteholder, whoever that is. Some corporation searches will also be necessary. Determining the actual lienholder may be a... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: Does a passenger admitting to having drugs on their person give probable cause to search the vehicle after no consent
Anthony M. Avery
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answered on May 16, 2024

I am not familiar with a similar appellate opinion. However admitting that illegal drugs are present is certainly reasonable suspicion and probable cause that drugs are in the vehicle and a warrantless search can be executed. I doubt that a Motion To Suppress Evidence would be successful, but... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: what are the laws for a defendant after having an attorney dismissed from a case

I requested the dismissal of council in writing to the judge I gave legitimate reasons why I wanted the dismissal I also asked for a continuance and a different council judge granted dismissal,and continuance but refused new council and I had to represent myself at a prelim also I told him... View More

Anthony M. Avery
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answered on May 8, 2024

Apparently your case was bound over. When you get indicted by the Grand Jury, Court may arrest you or might allow you to show up at the Arraignment still on Bond. You might ask for a court appointed lawyer then. But that would be a mistake, so hire a real attorney now awaiting Indictment.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Got pulled over and got caught with fentanyl and meth. Agreed to cooperate. Did I really get charged
Carla Grebert
Carla Grebert
answered on Apr 28, 2024

I generally see people getting charges in these situations, but I have no way of knowing what happened in yours based on your question.

Were you arrested and booked? If so, you were charged. Were you not arrested, but you have a booking date to report? If so, you were charged. Do you...
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1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: Can i carry a gun at 18-21 in TN considering the permitless carry laws, private sale, and the court cases about the age?

I know there’s been cases from gun groups during the state to where the agreement made at the conclusion seems to allow 18-21 to carry without prosecution because of age. I also know at 18 you can legally buy a handgun from private sale. I’d rather be judged by a jury then dead, but would i win... View More

James L. Arrasmith
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answered on Apr 16, 2024

The current gun laws in Tennessee regarding permitless carry and the legal age to possess a handgun are somewhat complex due to recent court cases and legislative changes. Here is an objective overview of the situation as of August 2023:

In 2021, Tennessee passed a law allowing most adults...
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2 Answers | Asked in Criminal Law and Municipal Law for Tennessee on
Q: What are the penalties / punishments / consequences for failure to report a dead body?

I understand that it is called a Class A Misdemeanor. What does that mean?

James L. Arrasmith
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answered on Apr 13, 2024

The specific penalties for failing to report a dead body vary by jurisdiction, but in general, a Class A misdemeanor is one of the more serious types of misdemeanors. Here is some general information about Class A misdemeanors and the typical consequences:

- Class A misdemeanors are...
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2 Answers | Asked in Civil Rights and Criminal Law for Tennessee on
Q: Is it lawful for police to seize a car in which the driver was not in possession of drugs but the passenger was and the

Car did not belong to driver either

Anthony M. Avery
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answered on Apr 5, 2024

It was probably a lawful Forfeiture, as long as a Forfeiture Warrant is issued. DOS will then be involved on the car. If the car is being investigated as a criminal tool, then it is only the Court system involved, and you might get it back upon motion to the Court handling the charges.

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2 Answers | Asked in Civil Rights and Criminal Law for Tennessee on
Q: Is it lawful for police to seize a car in which the driver was not in possession of drugs but the passenger was and the

Car did not belong to driver either

James L. Arrasmith
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answered on Apr 5, 2024

The lawfulness of a police seizure of a vehicle in this scenario would depend on the specific circumstances and the applicable laws in the jurisdiction where the incident occurred. In general, under the legal doctrine known as "civil asset forfeiture," law enforcement can seize property,... View More

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1 Answer | Asked in Criminal Law for Tennessee on
Q: How do I get a judge to issue an order to let an investigator look at a car in impound?

The investigator has been denied access to the car multiple times by the local sheriff's department.

Anthony M. Avery
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answered on Apr 2, 2024

If there is a criminal charge then you get an order from the Judge to allow inspection, compelling discovery. If still at Sessions Court, it could be a problem as Discovery is not a procedural right. Usually this would occur at Criminal Court after the Indictment is returned. Is there a... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: I was arrested for a first time public intoxication I spent 4 hrs in jail and was a $100 fine can I have it expunged?

I have had no previous record before

Carla Grebert
Carla Grebert
answered on Apr 1, 2024

The short answer is "not yet." Any offense that was dismissed is immediately expungable. However, convictions are different.

This conviction will be expungable five years after you complete the sentence for it, provided you meet certain requirements. You must have no...
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2 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: I am convicted of 2 felony is it possible for me to get the right to use a gun to hunt?

One felony aid assault 6 years ago and the circumstance was I was in an argument with my girlfriend she asked me to leave and I tried to get in the car and go she kept yelling and after I backed up she jumped on the hood , I drove off she fell off and was injured. I was not the aggressor, the... View More

James L. Arrasmith
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answered on Mar 19, 2024

In the United States, particularly in Tennessee, felony convictions generally restrict an individual's right to possess firearms. However, there are paths to potentially restoring these rights, though they can be complex and vary by state. In your case, specific factors of your past... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: What do I do if I have been going to court for almost two years on a charge I got in 2022 I have asked for speedy trial

I have asked for fast an speedy trial several times since the day I was arrested

James L. Arrasmith
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answered on Mar 14, 2024

If you have been going to court for almost two years on a charge from 2022 and have requested a speedy trial multiple times, here are some steps you can consider:

1. Consult with your attorney: Discuss your concerns about the delay in your trial with your lawyer. They can advise you on the...
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2 Answers | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: My ex was arrested for domestic assault and called me from jail for 2 days after judge gave order of protection.

She was charged with violating said order by calling me from jail. What is the punishment for this.

Anthony M. Avery
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answered on Mar 12, 2024

Apparently you are the victim, which she was not supposed to contact. You should have known that and should have hung up. Now she has probably violated bond conditions and could easily remain in jail pending trial. I recommend she get an attorney, and both of you keep quiet. Her lawyer can... View More

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law, Civil Rights and Criminal Law for Tennessee on
Q: My dad at 65, on 1/25/23 has $1,000,000 secured bond with a conditional release order. Wat happens to 130acers he owns?

We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More

James L. Arrasmith
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answered on Mar 11, 2024

In a situation like this, there are several factors to consider regarding your father's assets and your potential rights to them. Here are some steps you can take to gather more information:

1. Contact the county assessor's office: You can reach out to the Claiborne County...
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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law, Civil Rights and Criminal Law for Tennessee on
Q: My dad at 65, on 1/25/23 has $1,000,000 secured bond with a conditional release order. Wat happens to 130acers he owns?

We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More

Anthony M. Avery
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answered on Mar 11, 2024

Since it is a secured high bail, he may have made a property bond hypothecating the 130 acres. If so, the Clerk will foreclose the Deed of Trust if he breaches Bond Conditions. He should have an attorney that you can ask for sure, or search his title in Claiborne County. After conclusion of... View More

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