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Tennessee Criminal Law Questions & Answers
2 Answers | Asked in Car Accidents and Criminal Law for Tennessee on
Q: In a car accident, can I provide my own insurance if the car owner was not insured? I unknowingly drove an uninsured car

I am an INSURED driver, but I borrowed a friend’s car for one day when my husband was using ours. I was not aware that my friends car was uninsured! I caused a fender bender and the officer asked me to provide insurance. After calling my friend, I learned he didn’t have any. Now I must appear... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 21, 2020

Read your own Insurance Policy. See if it insures you driving another's car. If it does, then make a Claim on your Policy and provide the same to the Prosecutor at Court. If not, be prepared to become financially responsible to protect your TNDL.

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2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Tennessee on
Q: My 20 yo son got a citation (first) for simple possession of marijuana. Do we need an atty to get the charges dropped?

He was sitting in a car in the street in front of his friend's parents' house. The officer said he smelled marijuana and took a small amount of marijuana from my son. His friend's parents confirmed that he was staying with them. His citation is for simple possession (39-17-318). Now... Read more »

Shanone Emmack
Shanone Emmack answered on May 19, 2020

If Marijuana was found on your son then he could be charged with Simple Possession of a schedule VI drug. These type of cases are not usually dropped. It sounds like his first court date is an appearance date which is a formality to give defendant's their trial dates and possibly apply for an... Read more »

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3 Answers | Asked in Criminal Law for Tennessee on
Q: When does low class misdemeanor deferred judgement end (how soon after agreed upon fine paid)

Asked to pay fine, if fine paid , was told that charge would be expunged . What else to be done to clear a background check?

Anthony M. Avery
Anthony M. Avery answered on May 18, 2020

You need to check the final disposition on your Warrant. The Sentence must be completed prior to the Judge Dismissing the Charge. Then you can file the request to Expunge the Records. It is not automatic.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: My friends cousin is in trouble for assault on a police officer and has a prior record so we are trying to make go away

he is in Rutherford county now but we did find out the police officers did find him high but they was also verbally abusive to him

Anthony M. Avery
Anthony M. Avery answered on May 18, 2020

The Friend with Charges should hire a competent attorney to represent him. This is probably a very serious Felony which may result in lengthy incarceration. Money and time expended now will probably significantly mitigate the Sentencing.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Tennessee on
Q: Mr Denison

Would a lawyer be able to attempt to work some kind of an agreement in lieu of a dvo to prevent me from not being able to possess a firearm due to my job?

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 14, 2020

I can only assume that DVO means a domestic violence order. There are exceptions if what you are referring to is an order of protection action, however you need the assistance of an experienced family law attorney. Do not respond with any specifics of any allegations as social media such as this... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I was in an altercation with someone they were trying to rob me and had beaten me pretty badly I shot them they died

Their partner shot me twice once in my elbow and once in my lung that collapsed it they took my car as evidence what do I need to do and can I get my car back was this self defence

Shanone Emmack
Shanone Emmack answered on May 14, 2020

According to your facts it appears to be self defense however, this is a serous situation and an experienced attorney is needed to help and protect you.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Can I be prosecuted for taking a picture of a turkey someone else killed and send it to my friend and say I killed it
Shanone Emmack
Shanone Emmack answered on May 14, 2020

No you cannot be prosecuted for telling your friend that you killed a turkey that you did not kill.

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Federal Crimes for Tennessee on
Q: I am facing a citation for driving on revoked the first part of June. Looking for a lawyer around Columbia tn

I do have a past record.dui in2011 over alcohol. DUI second offence was in 2012. Driving on suspended....... I wasn't ordered to have the interlock untill the second one. I paid all my probation, fines, and my reinstatement fee. But i just got a job right before i was pulled over. So... Read more »

Shanone Emmack
Shanone Emmack answered on May 13, 2020

Yes it is possible to get things worked out. If you can afford an attorney then it is smart to hire one to help walk you through the process and make sure everything is completed to obtain your license. An attorney can help you obtain a waiver of the interlock device fees as well as negotiate... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: I want to know is attempted exploitation of a minor a greater or lesser charge than aggravated exploitation of a minor
Anthony M. Avery
Anthony M. Avery answered on May 12, 2020

Obviously an aggravated enhancement of a felony is at least two levels higher than an attempted crime. Exploitation of a minor is a lesser included charge of the Aggravated Exploitation. An attempt is arguably not a lesser included charge of anything but is one level lower than a choate crime.

2 Answers | Asked in Criminal Law for Tennessee on
Q: Can any jail in tn hold withput bond for resisting arrest for a period of time if so how long
Anthony M. Avery
Anthony M. Avery answered on May 12, 2020

Certainly until a trial and acquittal. If someone is held without bond, then he needs a lawyer. You file a written Motion To Set An Appearance Bond. It should be a written Motion even in General Sessions. In the meantime, the Defendant must calm down and act very nice and respectful.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: What happens if someone accidentally shoots into an apartment building in TN no one was hurt or at the other apt?
Anthony M. Avery
Anthony M. Avery answered on May 11, 2020

The State can charge the careless firearm handler with Reckless Endangerment, probably Misdemeanor but a Felony is possible.

1 Answer | Asked in Criminal Law for Tennessee on
Q: A pregnant woman in TN goes to a long term rehab for momandbaby, would she go to jail or get to keep her baby in rehab?

This woman already has 1 child endangerment charge.

Shanone Emmack
Shanone Emmack answered on May 8, 2020

It depends on the facility. Some rehabilitation facilities allow for the mother and baby to stay together. Your best bet is to hire an attorney to help find the best rehabilitation place and to defend you in the child endangerment charge. Good Luck.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I had a whicker chair and seatee that two men brought me. It was stolen from around the corner from my house.

I had no clue it was stolen. I had took picture of it and posted it on Facebook. The next morning I had police at my door. We loaded it up and took it back to the person it was stolen from. The man took it back but now the police are looking to charge me. What would be the charge?

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

Theft of Property... You already returned it, but here it was enforced Restitution. If charged, ask to get it Diverted, Probation, Dismissed and Expunged. You acted at least recklessly.

1 Answer | Asked in Civil Rights and Criminal Law for Tennessee on
Q: Hello!If someone lives in NYC and I live in TN, can they record our conversation without my knowledge?
Mr. James Charles Wright
Mr. James Charles Wright answered on May 4, 2020

Yes. My understanding is -So long as one of the parties to the call "gives consent" then it is permissible. Since the other person "consented" it was permissible. A third person cannot record the call without the knowledge of the participants to the call.

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: inmate receiving work credits was stripped of all credits by the judge. no judgment order states inmate can't work

there was an original charge of simple assault, to which the defendant wanted to plead not guilty. case was sent to circuit court and a court date was issued. no notice of the date was received by the defendant and ultimately he was arrested for failure to appear. after 75 days incarcerated he... Read more »

Shanone Emmack
Shanone Emmack answered on May 2, 2020

Unfortunately, you cannot fight for credits if the judge has decided he doesn't want him to have them. He needs to hire an attorney to find out why the judge stripped them . Additionally, the attorney could file a petition for a suspended sentence to bring all the favorable facts you discussed... Read more »

1 Answer | Asked in Criminal Law and Collections for Tennessee on
Q: I have two judgements

I have a criminal judgement and a civil judgement against a former employee for embezzlement can i collect on both judge?

Anthony M. Avery
Anthony M. Avery answered on May 1, 2020

Assuming the criminal judgment involves Restitution, a convicted defendant on Probation will want to pay all Restitution and Costs first so he does not violate Probation. The civil judgment should be recorded as a Lien and pursued subsequent to the Restitution recovery. If the civil judgment... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is there any way at all to influence a judge to give a bond to a defendent who has no bond for probation violation in TN
Shanone Emmack
Shanone Emmack answered on Apr 30, 2020

I suggest hiring an attorney to discuss the issue with the District attorney. If the DA isn't willing to set a bond then your attorney can file a motion for a bond hearing with the Judge. It will be difficult to get a bond if its a second violation but I have seen it happen. It depends mainly... Read more »

2 Answers | Asked in Criminal Law, Domestic Violence and Federal Crimes for Tennessee on
Q: Can victim show up at defendants residence with a no contact order in place?

The victim showed up at the defendants residence me and my boyfriend and wont leave so i made him leave so he wouldn't get in trouble is that not violating the order for the victim to come to the defendants residence

Cayley Turrin
Cayley Turrin answered on Apr 29, 2020

No it is not. If this happens again to make sure that the defendant does not get into trouble I would call the police and let them know what is going on.

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1 Answer | Asked in Criminal Law, Civil Rights, Domestic Violence and Federal Crimes for Tennessee on
Q: What if victim shows up at the defendant's residence with no contact order in place due to aggravated assault

No contact order in place due to aggravated assault and the victim showed up at defendants residence does the victim violate the order? what should the defendant do?

Shanone Emmack
Shanone Emmack answered on Apr 29, 2020

The defendant needs to call his/her attorney, police, as well as document and save any proof that the victim made first contact. The victim does not have bond restrictions from seeing the defendant, However, the police and attorney need to be made aware of the situation to protect the defendant.

2 Answers | Asked in Criminal Law for Tennessee on
Q: If I refuse a portable breathalyzer test can I still be charged with implied consent?
Shanone Emmack
Shanone Emmack answered on Apr 28, 2020

Yes, you can be charged with implied consent which can result in you losing your license for a year. However, there is case law on implied consent and if you actually performed a breathalyzer test then you can likely get it dismissed. I'm sure there are more facts to your case. It is... Read more »

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