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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: I was sentenced for dui in 2013 and was sentenced twice on same charge violated probation that was terminated in TN

2013 I had DUI I plead guilty was sentenced and put on probation I violated probation for not going to probation and then was sentenced again and probation was terminated one yr later I caught a charge and was sentenced to 6 mo for vop that I was no longer on and was terminated court records have... View More

Anthony M. Avery
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answered on Feb 20, 2024

Why did your lawyer not move to dismiss the redundant conviction? Whether the convictions were in General Sessions or Criminal Court has some bearing on how to address it. But apparently you did nothing but go to jail. You might correct the record now and expunge the nonexistent conviction,... View More

2 Answers | Asked in Criminal Law, Banking and Communications Law for Tennessee on
Q: I recieved a check from the neca local union no 313 ibew. The bank is trying to tell me that I altered it. What do I do

I tried to look info up on chk and it sent me to your website. I also received a text message about it. I'm so confused

Anthony M. Avery
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answered on Feb 19, 2024

You will need to ask the union to reissue another check in exchange for the allegedly faulty one. Or deposit it into another bank. But first be sure you have not done anything wrong. You may need to consult with an attorney as apparently your bank is wanting to prosecute you, and any forgery... View More

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3 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: if i am a first time offender and got charged with shoplifting at walmart what will happen

it was 40$ all together i had to book in and out of jail not i have court

Carla Grebert
Carla Grebert
answered on Feb 15, 2024

Walmart is pretty serious about prosecuting shoplifting. Nevertheless, the outcome depends to a certain degree on what county you are in.

In Davidson County, for example, you have a good chance of getting the case retired if (1) it is your first offense, (2) if you pay restitution, and...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: Can you get an insurance license in Tennessee if you have a non-violent non-drug related felony in 2013?

I’ve never been in trouble since. And I served my probation.

T. Augustus Claus
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answered on Feb 9, 2024

In Tennessee, obtaining an insurance license with a non-violent, non-drug related felony conviction from 2013 is possible but involves several steps. The Tennessee Department of Commerce and Insurance, which oversees licensing, considers each application on a case-by-case basis. Applicants with... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: How long is the Statue of limitations for shoplifting in Tennessee

I have already been charged with shoplifting once before from a store in the police try to ban me from another store that I have shoplifted from but they didn't file charges for me from the store the second store that I shoplifted from

T. Augustus Claus
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answered on Feb 2, 2024

The statute of limitations for shoplifting in Tennessee typically depends on the value of the stolen goods and can vary from one to three years. However, it's essential to note that the statute of limitations begins from the date of the alleged offense. In your case, if charges were not filed... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: Im passenger in a car while the driver made a drug deal. I’m getting charged with same is that possible

The drug deal was recorded. All I did was sit in the passenger seat and I’m getting charged with man., sale, and delivery of sch2 meth. And my opinions are 8 yrs probation and 30 days in jail or take it to trail. What should I do?

Anthony M. Avery
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answered on Feb 2, 2024

Hire an attorney to represent you on that felony. Yes, you get charged like everyone else in the car. That will ruin your life. It may be an illegal stop or you might not have had anything to do wit h the drugs. If you did, then you will want to plea to alot less than a felony. Again,... View More

1 Answer | Asked in Contracts, Criminal Law, Constitutional Law and Internet Law for Tennessee on
Q: 1. Did the 81st Congress in 1950 investigate and found that the lawyer guild is the legal bulwark of Communist Party?

2. Are Social security cards, birth certificates, and driver license contracts that give jurisdiction?

3. Is Anything that can legally be licensed lawful without that license?

4. Have all lawyers denounced their American citizenship?

James L. Arrasmith
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answered on Jan 28, 2024

1. The claim that the 81st Congress in 1950 investigated and found that the lawyer guild was the legal bulwark of the Communist Party is a reference to the activities of the House Un-American Activities Committee (HUAC). However, this characterization is a matter of historical interpretation and... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Tennessee on
Q: Hello my boyfriend was arrested for car theft walking home from work because they mistook him for someone else. Help ?

Hello my boyfriend was stalked then arrested walking home from work because they mistook him for someone else.They said he was arrested for stealing a car. He doesn't even know how to drive. He's never driven out of the 5 years we've been together neither does he posses a license.... View More

James L. Arrasmith
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answered on Jan 28, 2024

I'm sorry to hear about this distressing situation. It's important to take immediate steps to address this. Firstly, securing a lawyer experienced in criminal defense is crucial. They can assist in navigating the legal process, ensuring your boyfriend's rights are protected, and... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: I got Out of jail right after christmas I was in there On a suspended license and missed my court date

I got out on bond. It was a $5000 bond and I thought my Courtney was on the 19th it was on the ninth and I missed it and I need to go turn myself in the bondsman told me that he would come back and get me. I need to know if he will or if I will have to pay a $5000 bond. He told me to bring $200... View More

James L. Arrasmith
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answered on Jan 27, 2024

If you missed your court date after being released on a $5,000 bond, it's crucial to address this situation promptly. Missing a court date typically results in the issuance of a bench warrant for your arrest, and turning yourself in is a responsible step to take.

When you turn yourself...
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1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: 15 USC 7901(b)(2) and 18 USC 922(g) contradict, so what does this mean? Are felons not considered citizens?

I want to be able to possess a firearm for lawful purposes, but am worried about being convicted under 922(g) since I'm a felon. But 15 USC 7901(a)(1 & 2) and 7901(b)(2) seem to contradict each other. Either I'm a citizen and therefore legally allowed to own a firearm for any of the... View More

James L. Arrasmith
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answered on Jan 23, 2024

The two statutes do not actually contradict one another. 18 USC 922(g) prohibits felons from possessing firearms or ammunition that have traveled in or affected interstate commerce. This is a longstanding federal law.

15 USC 7901 deals with the rights of persons who have had their voting...
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1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I was recently arrested with a domestic violence and false imprisonment against my ex I found out he was cheating on me

So I lost it this is my second domestic violence case and I just wanna know what’s my next step he abusive too but I just never called the police

Anthony M. Avery
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answered on Jan 18, 2024

Those are serious charges. Hire an attorney now to prepare for a Preliminary Hearing. Trial may be necessary. You could be incarcerated. This is a public forum, so do not post anything else about it here or anywhere else. Do not talk about it and try to assemble witnesses. Work and stay... View More

2 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Double jeopardy, on Dec 17 2022 went to jail later that night for friends paraphernalia pipe left in my center console.

Double jeopardy, on Dec 17 2022 went to jail later that night my friends paraphernalia pipe my center console. I was pulled over earlier that morning heading from Danville Arkansas to Dardnell Arkansas from my friend I was visiting heading to the Walmart in excitement finding a PS5 i had managed to... View More

James L. Arrasmith
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answered on Jan 15, 2024

The concept of double jeopardy, as outlined in the Fifth Amendment of the U.S. Constitution, protects individuals from being tried twice for the same offense after either an acquittal or a conviction. However, in your case, it appears that you are dealing with two separate incidents: one involving... View More

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1 Answer | Asked in Criminal Law, DUI / DWI and Federal Crimes for Tennessee on
Q: Case is against 2 tn troopers.wat is my best defense for dui, intent to distribute meth(1gr&4baggies)weapons charge

I felt very manipulated and coerced and it felt like i was set up

James L. Arrasmith
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answered on Jan 13, 2024

In a case involving DUI, intent to distribute meth, and weapons charges, your best defense would typically depend on the specific circumstances surrounding your arrest. To strengthen your defense, consider the following:

1. Consult with an experienced criminal defense attorney in Nashville,...
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2 Answers | Asked in Criminal Law, Federal Crimes and DUI / DWI for Tennessee on
Q: How can I be arrested for driving under the influence before taking a breathalyzer when I passed the field sobriety test

He drug me out of the car and asked me to do a field sobriety test in which I passed with flying colors, and as soon as we got done, he arrested me and puts me in the back of cop car, and then takes me to get my blood drawn from hospital, but I wasn't intoxicated, I just had an open container

James L. Arrasmith
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answered on Jan 13, 2024

In the United States, it is possible to be arrested for driving under the influence (DUI) even if you passed a field sobriety test. While passing the field sobriety test can be a positive factor in your case, it's not the sole determinant of whether you can be arrested for DUI. Law enforcement... View More

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2 Answers | Asked in Criminal Law, Federal Crimes and DUI / DWI for Tennessee on
Q: How can I be arrested for driving under the influence before taking a breathalyzer when I passed the field sobriety test

He drug me out of the car and asked me to do a field sobriety test in which I passed with flying colors, and as soon as we got done, he arrested me and puts me in the back of cop car, and then takes me to get my blood drawn from hospital, but I wasn't intoxicated, I just had an open container

Anthony M. Avery
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answered on Jan 8, 2024

LEO apparently had probably cause to get the Warrant issued. You should not have consented to either a breath or blood test. Any amount of intoxicant will be used against you. And it is alot easier to get back a TNDL without a DUI conviction. Hire an attorney.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: What should I do? My ex just falsely accused me of molesting her daughter 4-5 years ago. Her daughter is now 18 y/o.

We split 5 years ago but remained friends. She went down a bad path after the split and I’ve always tried to help her when I could. Both of us hit a rough patch in our personal lives and to help each other out, we’ve been staying together for about 3 months. She has a drug problem though.... View More

Troy L. Bowlin
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Troy L. Bowlin
answered on Jan 4, 2024

My recommendation is to do nothing at this point. I would not engage in any communication whatsoever regarding the accusations with anyone. There is a possibility these remarks were made out of anger and frustration during the heat of an argument. If the accusations continue to be made I would hire... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can I own a gun There’s no felony or arrest record There’s a order of protection that expired in June Tennessee
Anthony M. Avery
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answered on Jan 3, 2024

If there is no other firearm disability, then yes, you can own guns. But check that OP out at the Court, preferably with an attorney. Read it verbatim to ensure it expires on its own terms. A mistake would be serious. If the expired OP shows up on your back ground check, do not get excited... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: What happens when a police agency fabricate and lies on the agency statement? Is the statement used to get the indictmen

Is this the statement used to get or determine the indictment?

James L. Arrasmith
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answered on Dec 25, 2023

When a police agency is accused of fabricating evidence or lying in an agency statement, it can have significant legal implications. The accuracy and integrity of evidence presented to the grand jury or during the indictment process are vital. If there are concerns that false or fabricated... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: Probation office wants supervision fees from 2008, can they make you pay them 16 years later
James L. Arrasmith
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answered on Dec 19, 2023

In Tennessee, there are specific laws and regulations concerning the collection of probation supervision fees. If the probation office is seeking supervision fees from 2008, it's important to first verify the legitimacy of this claim. Generally, there are statutes of limitations that apply to... View More

3 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Traffic Tickets for Tennessee on
Q: If a witness' at trial testifies on the stand and tells lies,everything he said in the preliminary hearing will confirm!

Then he cant be held as a credible witness??!! All testimonies sworn under oath are recorded right?

Reid DeChant
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answered on Dec 17, 2023

Any hearing in court should be either audio recorded and/or recorded by a court reporter. You could request a transcript of the hearing which could be used to impeach the witness at a later date. Impeaching is the fancy term for calling someone a liar in court by showing the inconsistency in their... View More

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