Tennessee Criminal Law Questions & Answers
Q: Does a male cop have the right to search a female or does he have to call out a female cop to search her
It really depends on the situation.
Q: Does the k9 hit exactly where the drugs are located
Sometimes yes, sometimes in an area with drug residue. The dog's alert is what the cop looks for, probably in the general area where the dog alerted. The cop/handler is the witness, not the dog. If you believe there was an illegal search, hire a competent attorney to move to suppress evidence... Read more »
Q: I was charged with a p.i. and released the following morning with a 25$ dollar fine
My probation officer issued a sanction.
He is now saying that I was to serve 30 days in jail over the p.i. charge but again I plead guilty and was released that following day with a 25$ dollar fine I'm confused
PO is wrong but it is up to 30 days in jail you just weren't sentenced to that.
Q: Can a cop search a vehicle on minor traffic stop, that isn't the drivers car & I say no to search it don't belong to me
The cop pulled me over as I was turning in my friend driveway so it was private property. When I told him no to the search he already had a k9 cop present plus another cop car present for minor traffic stop. He ran the k9 around the car without my permission and they said the dog hit but he never... Read more »
The police can stop a car with probable cause - such as a minor traffic violation. If you do not consent to a search, the police can use a K9 so long as the use of the dog does not prolong the traffic stop. If the K9 hits on the car, that is probable cause to search the interior. If you have been... Read more »
Q: Does K-9 Police Dog have wear something visible that let's you know it's a cop and the handler also have to
Minor traffic stop why would cop ask to search the vehicle & when being told no the car wasn't mine he got k9 and the k9 never found any drugs
Each police service sets its own policies and rules about officer's uniforms. However, the unlawful motor vehicle search would make an interesting argument if you were charged.
Q: Can co-defense counsel prejudice a co-defendants trial?
Co-defense counsel stated that the co-defendant was the shooter during questioning of a key state witness during trial.
I thought about you the other day. Allen has a billion point thing. I l'll try to talk to you later. I really wish that the Elton John thing could happen. Sincerely, Kent.
Q: If a 36 year old female is assaulted by a 14 year old male what types of self defense can she use to protect herself?
The boy kicked her front door in 10 mins prior to hitting her while she was on the phone with cops.
The woman should be able to use non lethal force. But was she charged with Assault or something? Self-Defense is actually only useful as a defense at trial, as there is no motion to dismiss. If she is charged, then she needs a competent attorney immediately which will conduct a Preliminary... Read more »
Q: First offense , first arrest . 39-17-415 possession of schedule VI . What will happen? I've never been in Trouble I'm 19
Possession is hemp I think they said it was 2.1oz .
First of all, the Tennessee District Attorneys are very against marijuana usage, because it is a crime. If you are young, and it is your first time offence, then there may be the possibility that a good attorney could get you off of pre-trial diversion. If you could do that, then you would have a... Read more »
Q: When you get charged with aggravated assault, then do not get bonded out, spend almost 2 months in jail. They somehow
Turn the charge into a simple assault, release you with probation. But still give you another court date, what is the next court date for?
Without knowing more it is impossible to answer. You should communicate with your former attorney
Q: Can I be charged with due care hen I was on a road wit no lines
I was flown to earlanger after being released from Starr regional in Athens Tennessee
Certainly if somehow you impacted other objects. It is a very easy burden of proof by the State. When you go to Court, be respectful and maybe it will be Dismissed since apparently you were not charged with anything but having a wreck. The road markings would be relevant to other Rule of the... Read more »
Q: I got caught driving on suspended license and no insurance and bumper law what can happen?
I got in speedwell tn state trooper i had sezure about year ago that's why there suspended
You need to find out from the Department of Safety what you need to reinstate the license. Then spend the money and time to do it fast. Campbell/Claiborne Judges and DA's should give you a continuance if you honestly try to get a TN DL, Insurance and a Bumper. If there was a wreck, then it will... Read more »
Q: In a domestic charge in court my husband was the only one who didn't appear in front of the judge? Everyone else did why
3 violation of contact 2 assult
One idea may be that he hadn't been there the required 12-hour "cooling off period". Other reasons may be that the warrant wasn't prepared in time for court. You should be able to call the clerk tomorrow and find out thee reason as well as when he will eventually go before the judge.
Q: My camper was towed unjustly by the campground I was staying at and I was charged with criminal trespass and won my case
And my case was expunged my question is how do I get my camper back from the tow company
Need more facts here to give a decent answer. Consider filing a writ for immediate possession. If in Davidson County there are forms available online at the clerk's website. Also, consider meeting in person with local counsel to discuss the issue.
Q: I need help on criminal charges
Drug charges
Hire a criminal defense attorney or contact the public defender's office. You can look on this website and others to find an attorney near you.
Q: How much jail time if any for a class B misdemeanor if record is clean
The maximum time in jail is 6 months.
Q: Felon was ordered to pay $3,000 restitution. Felon out under probation. Restitution order still in effect?
Before probation the term was two years. There are still outstanding court costs of $600.
At some time or another the Probation Officer and/or the Court will violate him on Probation. The Felon will probably serve the remainder of the Sentence in incarceration, or he might get the Court to extend his Probation for enough time to pay everything in full. It is very improbable that he... Read more »
Q: Is it a waste of time to appeal a marijuana charge on the grounds that it is for medical use, and could this set a prcd.
I am wondering if I could use an appeal to actually affect positive change in our drug laws in the state of tennessee, as could I make a good enough case for why basic access to medicine not controlled by the pharmaceutical industry is a human right, and therefore make the courts take a second look... Read more »
Well if you plead guilty then you have only 10 days to withdraw your guilty plea. If you went to trial and lost then yes you can appeal that verdict but honestly it probably wouldn't change the precedent. I have handled several cases with the same reason but the law is the law. Talk to your... Read more »
Q: How does the medical furlough get started, its for my son who just got arrested, for simple poss, sell, dilvery.
He has Severe Sleep apnea, Congestive heart failure, & seizures, need to know how to get med. Furlough going?
He would first need to be sentenced and it would most likely only be for doctors appts. Best thing would be for him to get an attorney and try to get him out of jail as soon as possible.
Q: My van was on a dolly because I haven't gotten tags and made it legal to be on the road yet and somehow the strap broke
And it was in a ditch off the road so I wrote my number and said I'll be right back in 2 windows I went to get straps and help to pull it out when I returned 20mins later the police was there said they were impounding it for an investigation couldn't tell me where or when or how to get it I couldnt... Read more »
Im not too sure what the question is.
Q: How many times can a lawyer in TN be charged with a crime and still be able to practice law?
2 dui's and wearing ankle alcohol monitor.
Those are misdemeanors and it is up to the Board of Ethics and the Supreme Court whether they can still practice.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
