Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Tennessee on
Q: In the state of tn less than 0.5 games of meth is a misdemeanor not a class c felony
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024

Sometimes... But LEOs claim the circumstances show a felony.

1 Answer | Asked in Libel & Slander, Criminal Law and Civil Litigation for Tennessee on
Q: In TN, If the "victim" of harassment is a no- show in court and Defendant pleads, "Not-Guilty", would case be dismissed?

In TN ,I was arrested for harassment, (a false accusation). and have yet to seek council. If I enter a plea of "Not-Guilty", and the victim is a no-show in court that day, would the charges against me be dropped and case be dismissed?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2024

Sometimes yes, and sometimes the State gets a continuance to get the witness there. Hire a lawyer to deal with it. You do not want a permanent conviction.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How long does it usually take for Ohio to extradite you back for a misdemeanor when it says full extradition
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2024

You will need to contact an attorney in Ohio.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How far in advance of a grand jury is someone subpoenaed? How do I find out when the grand jury convenes in my county?

A grand jury is convening soon to hear a case (I am the victim). I have not been told when the case will be on the grand jury docket. How do I find out? How far in advance are subpoenas issued?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024

You can call the DA's office and the Court Clerk. They may or may not be ready to subpoena you.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Will I get jail time for a first offense shoplifting?

It was under $500 and I have no prior charges what so ever.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 25, 2024

Ask the DA for diversion, restitution, dismissal (and expungement later on). Or hire an attorney.

1 Answer | Asked in Construction Law and Criminal Law for Tennessee on
Q: Theoretically speaking , if i own a small business construction business and a employee takes things and we both r arres

Arrested How does one get himself out of it if the other won’t take his charge

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 25, 2024

Hire an attorney to prepare for a Preliminary Hearing. If facts look bad, consider asking for diversion after restitution, even though you stole nothing. A conviction will hurt you for the rest of your life.

1 Answer | Asked in Criminal Law and Collections for Tennessee on
Q: I have inquiries regarding lost court cost from 6yrs ago that resulted in a warrant and arrest ans unlawful search

I had paid probation off received my license back and paid 2 traffic tickets in this county and the found this 140 unpaid court cost from 6 yrs ago and issued me a warrant without notifying me that it needed to be paid or anything and they pulled me over for traffic stop ran my name seen I had a... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 25, 2024

Hire an attorney to prepare for a preliminary hearing. If an illegal stop, then a Motion To Suppress may be needed. Be ready to pay off that cost , and all others, at Court. Maybe you can get the new charge dismissed.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is there a chance my friend's misdeamor probation can be violated?

A friend of mine was arrested on 12/8/23. He was released on bond 12/13/23. He was arrested again on 1/4/24 in a neighboring County. Neither arrests are felonies. He went to court on 1/23/24, over the arrest on 12/8/23 & was placed on misdemeanor probation. He has not went to court on the 2nd... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 25, 2024

Probably okay. On first case, he violated bond by being arrested again, but that case is apparently concluded. VOP is always a possibility, so he needs to work, pay the Court, see his probation officer if ordered, and stay out of trouble.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If probation revoked how much time would my husband serve?

My husband was arrested for domestic assault and served 7 months of an 11 month and 29 day sentence (good behavior and working). He also had criminal charges which he took a plea deal to plead guilty to aggravated assault 2. The plea deal put him on supervised visitation and no drug or alcohol... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 25, 2024

If he pled guilty to agg assault that would be at least a 3 year sentence which might be ordered to serve incarcerated. If not, and only convicted of dom assault, then the remainder of the 11 mo 29 sentence might be ordered to be served incarcerated.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can the Police search your vehicle if you were not in your vehicle at all, & can they make you wait 4 a K9 cop 2 arrive?

I was dumpster diving when the police arrive and they searched my person, then made me wait almost 15 minutes for a K9 officer to arrive before proceeding. They did not find drugs on my person and then they searched my car still with no drugs but charged me with drug paraphernalia...I'm not a... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024

Hire a lawyer to represent you. Veteran's Court might be available, or you may need to file a Motion To Suppress.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Penalty for vandalism over $1000 & under 500$

I dropped a friend off & left & came back pick him up. Now I've got a warrant, I didn't do anything but give ride drop him off & came back picked him up 1 hr later.what should I do?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2024

Hire an attorney now and prepare for a Preliminary Hearing. Your friend may have talked about you or the victim may have seen you near the scene. Do not talk to LEO. So far a Misdemeanor but you do not want a conviction. At worst, diversion, dismissal and expungement.

1 Answer | Asked in Criminal Law and Communications Law for Tennessee on
Q: Is there a first time offends act apply to a y feloneys sex offence

Never been in any trouble before an being charged with a y and be feloneys is that first time felony act be considered it this situ

ation

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2024

A/B Felonies do not get diverted. Get a full time job, new phone number & phone, and stay out of trouble. Try to hire your own lawyer. Get ready for a rigorous Preliminary Hearing. Do not talk about this to anyone but your lawyer.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What are the chances of getting a bond once a motion is filed? And how long does it usually take for it to be viewed
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2024

It depends on the merits of the Defendant asking to reduce the Bond. Judge may set it soon or may put it off for several months. There are no definitive answers to such broad questions.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How long does it take from waiving of preliminary hearing to the grand jury hearing the case?

My soon to be ex just waived his preliminary hearing to have his case bound over to the grand jury. How long before the grand jury meets and hears his case? How often does the grand jury meet?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2024

Call the Circuit Court Clerk and ask when the Grand Jury next convenes. Usually waiving to the Grand Jury means the lawyer is not doing anything.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How can they charge me with no proof of me owning or having drug on means other people states that it is theirs

Everything that was found was claimed by the other 2 people and the cop stated in the first hearing that they claimed the drugs and my name was not speak About having anything or finding anything on me. How can they recharge you on the same charge how can they take title 40 from me after giving it... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2024

If you are on probation then you are already convicted and serving a sentence. Apparently you pled guilty without trial, so talk to your attorney about why you did not try it.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is there a statue of limitations on a misdemeanor probation warrant that is 9 yrs old

Washington county Tennessee misdemeanor probation warrant that is 9 years old

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024

Hire an attorney to take the VOP up off the Docket. All Court and PO fees must be paid in full, first.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I WAS INDITED MY FIRST COURT APPEARANCE I WAS NEVER ARRAIGNED IS THIS UNLAWFULLY CHANNELING ME THROUGH THE COURT SYSTEM?

My first appearance was signing for public defender counsel for myself they said I waived my ARRAINGMENT BY SIGNING TO UPTAIN COUNSEL THATS NEVER HEARD OF??

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024

Apparently you did not know what was going on at Court. Get your PD to represent you, or better, hire a real lawyer.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Charged with theft under 50 dollars
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024

Being charged with theft under $50 in Tennessee typically falls under the category of a Class C misdemeanor. In Tennessee, the penalties for a Class C misdemeanor can include fines and, in some cases, up to 30 days of imprisonment. However, the specific consequences can vary based on the... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can you be violated on your probation if you haven't started it yet but have other charges pending and you are in jail
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 22, 2023

VOPs occur alot when jailed probationees do not see their PO, even though it is not their fault. It becomes a mess, especially when there are multiple Counties involved. And it usually takes awhile to get back on one or more probation Sentences.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Arrested on fta for aggravated burglary in Tennessee, now there is no bond set. Is there a time limit to set a bond

He resides in the local area and also has a job

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 22, 2023

No bond time limit, especially when you do not show up to Court. His lawyer needs to make a written motion to set a bond.

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.