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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Tennessee on
Q: My daughter was accused of fraudulent returns at her job and pocketing the money to the sum of $1200.

Other than her login information being used they have no proof that she did the charges

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Nov 19, 2019

I would be careful of making any admissions on a public site. If she did not do it, then I would consult with a local criminal defense attorney.

1 Answer | Asked in Criminal Law and Small Claims for Tennessee on
Q: If I have a misdemeanor theft charge from 7 years ago that was expunged and deferred, does 1st charg I get a 2nd charge,

Does 2nd charge count as 1st charge? Does 1st charge exist? Can the 2nd charge be deferred also?

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Nov 16, 2019

I think that you got it reversed. If you do diversion, then your sentence is deferred, then expunged. Regardless, if a record is expunged, then it is not a charge. So, yes, your next one would be a first.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How do i get a court date for an inmate that violated his parole? Failed drug test.
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Nov 15, 2019

Unless you are an attorney, then you are going to have problems getting a court date for someone you know. Generally speaking, in some jurisdictions there may be something like a 10 day rule before they have to go before a judge. Only an attorney who knows the judge and the jurisdiction well will... Read more »

2 Answers | Asked in Criminal Law and Traffic Tickets for Tennessee on
Q: Received a citation for no insurance during a lapse in my policy. The day after I purchased insurance. Court date soon?!

I have never been in an accident/never received a ticket before. I stopped my coverage due to car repairs ~awhile~ back and being a full time university student I let my self slip in the financial responsibility. I didn’t have insurance during the time of being pulled over but not even 24 hours... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Nov 14, 2019

You did the right thing it getting insurance. In most of the courts that I go to, they will be okay with you if you have proof of insurance by your court date. Make sure to bring it with you to court.

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1 Answer | Asked in Criminal Law and Constitutional Law for Tennessee on
Q: How does a citizen get help when a officer enters property with no reason

A officer pulled into a private drive way and questioned the 2 men in the truck and physically pulled them out of window put in police car and took to jail, NO CRIME WAS COMMITED No one called ask for police to pull in to property, pleaced the passenger on a outrageous charge of Cocain not a drop... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 12, 2019

It may well have been a legal stop, but a motion to suppress should be plead anyway. The LEO will claim he had knowledge of a contraband transaction, and apparently he was correct. The Defendant needs a competent attorney.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Tennessee on
Q: Can someone refuse a lie detector test if so can they refuse with police involment.

What happens if refuse with police involment

Gary Kollin
Gary Kollin answered on Nov 11, 2019

I do not understand what "with police involvement" means

Anyone can refuse a polygraph

I suggest contacting an attorney before you talk or take any action

1 Answer | Asked in Criminal Law for Tennessee on
Q: What info do you have on possession of meth for sale and delivery for a range 2 offender

I am already on eight years paper for resale charges of meth an marijuana and I just got indicted for another meth for resale

Cayley Turrin
Cayley Turrin answered on Nov 11, 2019

You could violate your probation and your new charge could potentially be run consecutive to your eight years. Hire an attorney immediately.

2 Answers | Asked in Criminal Law and White Collar Crime for Tennessee on
Q: I am needing help with my boyfriends criminal drug case! The case is out of Marshall Co Tn. He was arrested Nov 6 forfta

Fta for circuit court apparently. This happened prior to us getting together. The charges are possession of sch II, intent to resale,driving with no license

Cayley Turrin
Cayley Turrin answered on Nov 11, 2019

I would suggest that you consult and hire an attorney for his case as soon as possible.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: If you are being charged with simple pos of meth and your charge partern is admitting that is was theirs can it be drop
Cayley Turrin
Cayley Turrin answered on Nov 11, 2019

It could possibly be dropped but it is highly suggested to get an attorney because that charge carries with it a mandatory minimum 30 days in jail.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What is a normal bond amount for felony reckless endangerment? Class E Felony Tennessee
Anthony M. Avery
Anthony M. Avery answered on Nov 8, 2019

Every County is a little different. I have seen that charge generate Bonds from $ 5K to $ 25K. Some Counties have Pre-Trial Release with no Bond involved. If the Bond seems too high, hire a competent attorney to represent the accused, to include moving to lower the Bond prior to the Defendant... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can I make a partial payment on a bad check
Anthony M. Avery
Anthony M. Avery answered on Nov 8, 2019

You can make any payment you wish to the Payee. But he neither has to accept it nor does it prevent a prosecution for a Worthless Check. Retaining some type of proof of payment may help you in Court, but he probably will not take your check. If you have already been charged, then no, go to... Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for Tennessee on
Q: I was pulled over by a gibson tennessee city police officer over a mile outside the city limits. How is this legal

He said I swerved so he pulled me over. But I was over a mile outside of gibson when he said he observed me swerving and then lit up his blue lights. Isn't that beyond his jurisdiction

Anthony M. Avery
Anthony M. Avery answered on Nov 8, 2019

There is sometimes a County Ordinance that allows the City Cops to exercise jurisdiction in the County. In this case though the Officer will claim he observed your Rule of the Road Violation in the City then followed you. What Court is it in? But be respectful and maybe the Judge will Divert... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: I haven’t been convicted, but got a misdemeanor drug citation. how long will probation be? can i get it dismissed? how?
Cayley Turrin
Cayley Turrin answered on Nov 6, 2019

Depends on the drug and also criminal history. I suggest talking to an attorney who would be the most helpful in getting the charge dismissed.

2 Answers | Asked in Criminal Law for Tennessee on
Q: If I got a misdemeanor citation drug charge, will probation definitely be a year long?
Anthony M. Avery
Anthony M. Avery answered on Nov 6, 2019

Apparently you are not convicted yet. But unless you have a serious defense and a good attorney, you should try to get Diversion for 11 mo/29 days, the charge Dismissed and the charge Expunged. Unless the

Class A Misdemeanor is Dismissed Probation or some Jail shall be required under...
Read more »

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1 Answer | Asked in Criminal Law for Tennessee on
Q: I have been to court 6 times in a approximately 18 months I have been offered plea bargains

Each time there is some kind of excuse to put it off it's a no consent search issue no motions to suppress have been filed by my lawyer I'm guilty of having a joint but it was a illegal search each time nothing changes I just get a different date to come back shouldn't it either be dismissed or at... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Nov 6, 2019

Seems like you have not found a plea offer that you agree with. Talk to your attorney and see if he can find some leverage to work with the district attorneys to get it down to where you want it. If not, do a scheduling order and set it for trial.

2 Answers | Asked in Criminal Law for Tennessee on
Q: Can a felon on parole live with family members that owns firearms?
Anthony M. Avery
Anthony M. Avery answered on Oct 31, 2019

This is a public forum and it is not appropriate to address that question here. Consult with a competent attorney.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Can 2 people be charged with the same offense when in the house together or does the charge go to only 1 person?

A friend and her boyfriend were living together . He had drugs and firearms that she knew about . When the cops came in and arrested them both she says they charged them both with the same thing. Is this legal?

Anthony M. Avery
Anthony M. Avery answered on Oct 30, 2019

It is legal and happens all the time. Each Defendant needs their own competent attorney now. A motion to suppress may be in order. It sounds like a search warrant was involved, and if so, it should be scrutinized although the Statutes excuse most mistakes. Both Defendants need to keep... Read more »

2 Answers | Asked in Criminal Law for Tennessee on
Q: Does not the law have to see you or have video of u before the can charge u with casual exchange
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Oct 29, 2019

There are a variety of ways that the police can gather information on an exchange, which I am assuming is money for drugs or something like that. Yes, actual sight or video are probably the best evidence; however, their first standard is "probable cause," which is a low standard to meet. It can... Read more »

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3 Answers | Asked in Criminal Law for Tennessee on
Q: I have a court appointed lawyer who I would like to replace with a private one concerning a criminal case. How do I ask
Gary Kollin
Gary Kollin answered on Oct 28, 2019

You retain the lawyer and the lawyer does the rest

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1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: My first offense of 39-15-404 in Washington county tn/. Was wanting to know what I'm looking at if anytime.

I do have some old felonie charges that's cover 6yrs old

Anthony M. Avery
Anthony M. Avery answered on Oct 28, 2019

Yes you are in trouble, and you might be sentenced as a repeat offender. Stay out of trouble and hire a competent attorney now.

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