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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Tennessee on
Q: Can you tell me per the law where I can find or the elements to in proving an accident was planned and staged?

The members of a group are committing, Hard Insurance Fraud and obstructing justice and other fraud crime , retaliation and fraudulent activities.

Anthony M. Avery
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answered on Oct 30, 2023

There is an Insurance Fraud criminal Statute in TN. But you need to call the Sheriff and explain in detail what is going on to the investigator. This is a public forum, so do not talk about this again except to LEOs.

1 Answer | Asked in Criminal Law for Tennessee on
Q: if there is no evidence i vandalised something 1000-2500 45 days till court how much should lawyer be retainer
Anthony M. Avery
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answered on Oct 25, 2023

That is a felony. You need to prepare for a rigorous preliminary hearing. It should be several thousands of dollars.

1 Answer | Asked in Constitutional Law, Criminal Law and Federal Crimes for Tennessee on
Q: Can someone please tell me if Congress passed the motion for sentencing reduction act in 2018 when is it effective?

I need a lawyer who can file a motion for my son.

James L. Arrasmith
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answered on Oct 18, 2023

Congress passed the First Step Act in December 2018, which included provisions for sentencing reductions. The Act became effective upon its signing by the President on December 21, 2018.

If your son may qualify for a sentencing reduction under its provisions, it would be prudent to review...
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1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: Does new 100% sentence law in Tennessee effect people who have already been sentenced or can they still get parole

New law in Tennessee said some crimes have to serve 100% and not get parole now. Does this apply to someone already sentenced before new law ?

Anthony M. Avery
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answered on Oct 17, 2023

It is not retroactive. But charges initiated after its implementation will generate 100% to be served Sentences.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is it a possiblity to put a lawsuit on a county for criminalizing the mentality unstable given them felony records

Keep their lives on a tilterworld with years of probation? To the point they cannot function in life

Anthony M. Avery
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answered on Oct 17, 2023

No lawsuit lies for such general relief. Call your State Representative and tell him how you want the Sentencing laws changed.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: Ex-roommate non-fatally shot someone and ran and now we feel the police are harassing us

While kicking out our former roommate for doing illegal activities and threatening to harm us. He got into an altercation with our guest and shot him in the hip and went on the run. He hasn't been caught yet but has tried to return and when we told him to leave and that we were calling the... View More

James L. Arrasmith
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answered on Oct 15, 2023

In a situation where you feel harassed or targeted by the police, it's essential to take several steps to protect your rights and interests:

Document Everything: Keep detailed records of all interactions with the police, including dates, times, names of officers involved, and the...
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1 Answer | Asked in Criminal Law and Family Law for Tennessee on
Q: My girlfriend gave her keys while in jail & recently her grandmother got power of attorney & trying to say I stole them.

My girlfriend was arrested for violating probation and while she was in there she signed her keys out of her belongings and told me to take care of her car and her things while in jail. Well just recently her grandmother got power of attorney and is trying to get the car and is threatening to press... View More

Anthony M. Avery
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answered on Oct 12, 2023

You cannot prevent the attorney-in-fact swearing out an arrest warrant against you. But be prepared to post bond, hire an attorney and subpoena your girlfriend at jail to testify at the Preliminary Hearing. You could write the mother a letter explaining what has happened. Since she has the... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: Im charged with Convicted felon in poss handgun w/p Employ firearm w/i to commit felony i dont know who put this on me
Anthony M. Avery
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answered on Oct 12, 2023

Hire a competent attorney now. Those are very serious charges with mandatory prison sentences. Do not talk about it to anyone but your lawyer. It may be time for a new phone and number. Prepare for a rigorous Preliminary Hearing.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a person who is a passenger be charged with eluding, wreckless driving with -deadly wepon ( car )?

My son got a ride from someone and was flying at high speed on freeway police gave chase. The guy driving took off and left them in the dirt. They pulled over in a field of a new motel the driver ran and my son was caught going back in the car to get his wallet. The car was a stolen vehicle. My son... View More

Glenn T. Stern
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answered on Oct 6, 2023

First, Tennessee law and Georgia have different laws, but it will generally be the same in both cases for a situation like this.

First, keep in mind that the amount of proof police need to arrest someone is much lower than is needed to actually convict someone in court. To arrest...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: If I had a codefendant who voiced to his attorney that I played no part in a criminal charge can I still be charged?
Anthony M. Avery
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answered on Oct 5, 2023

Well yes you can. And getting that codefendant to testify to your noninvolvement prior to his guilty plea will be difficult if not impossible. Prepare for your Preliminary Hearing. An alibi witness might be helpful here.

2 Answers | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: Can I bound over a misdemeanor domestic assault charge over to the grand jury in tn
Anthony M. Avery
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answered on Oct 5, 2023

You do not want the DA to bind it over to the Grand Jury. DA is worst than some felonies. Hire a competent attorney and prepare for the Preliminary Hearing. Possibly try to divert, dismiss and expunge the charge. This is a very serious charge which will hurt you permanently.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Hi, I wrote a bunch of bad checks in 1989 or 1990 in TN. Do I have to be still worried about an arrest warrant? Thanks
Anthony M. Avery
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answered on Oct 4, 2023

More than likely the SOL s have run. But it may depend on any interaction you have had with the payee, including payments. If charged, it is up to you to plead the bar of SOL.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Criminal case

If I write about my criminal case which is sooooo old now and I allege misconduct by the judge , the da and my attorney. Can the da over turn my conviction based on that as more less a revenge tactic and reinstate original charges ???

Anthony M. Avery
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answered on Oct 4, 2023

It has alot to do whether there is a conviction or not, and the SOL for any other possible charges that can be instigated now. Consult with your lawyer or hire a competent TN attorney to look at your case before you publicize

1 Answer | Asked in Criminal Law for Tennessee on
Q: If school officials are notified of suspected child abuse and fail to report what law would be violated and what penalty

Nothing more.

T. Augustus Claus
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answered on Oct 2, 2023

Failure to report suspected child abuse by school officials could be a violation of mandatory reporting laws, which could result in criminal charges or professional disciplinary action. Penalties vary by jurisdiction.

1 Answer | Asked in Uncategorized and Criminal Law for Tennessee on
Q: How do i get an application for waiver for probation and court fees?

I'm on disability income and I heard that I would qualify for the waiver of fees for probation and court fees.

Anthony M. Avery
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answered on Sep 29, 2023

It is a simple written motion, not an "application". You can draft, file, serve it on DA, and appear before the Court yourself.

1 Answer | Asked in Uncategorized and Criminal Law for Tennessee on
Q: How do i get an application for waiver for probation and court fees?

I'm on disability income and I heard that I would qualify for the waiver of fees for probation and court fees.

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answered on Sep 29, 2023

It is best to move the Court to waive fees at Sentencing. You might still move the Court to waive the costs during the Probation. You better be a perfect probationee.

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: How do I sue the state of Arkansas I was wrongfully convicted on 3-20-2008 Two correctional officer's assaulted me

How do I sue the state of Arkansas I was wrongfully convicted on 3-20-2008 Two correctional officer's assaulted me

John Michael Frick
John Michael Frick
answered on Sep 28, 2023

If you were wrongfully convicted and have since been exonerated of the crime, you may be entitled to exonoree’s compensation by statute.

Contact a criminal defense attorney in Arkansas who can advise you on the process to claim any statutory compensation you may be entitled to and what...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: What does the supervision status pending mean in TN
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answered on Sep 27, 2023

The term "supervision status pending" could mean that a decision regarding supervision for a person under the legal system has not yet been finalized. This could relate to probation, parole, or other forms of supervision.

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: what can be done after a guilty plea if the judge and state ignore exculpatory discovery requests?

also there are many clear violations of the rules of judicial conduct and Tenn Sup Ct Rule10B

Anthony M. Avery
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answered on Sep 27, 2023

If the plea just occurred, a motion to withdraw plea should be filed immediately. If the Judgment of Conviction has not been entered, there is a chance of quashing the guilty plea. If later, then withdrawal is iffy. Otherwise an appeal of the Sentence may be the only real option besides a... View More

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Products Liability for Tennessee on
Q: TN code violations for corporation using deceptive acts of promising refunds in writing without ever paying???

Multiple promises in writing, asked Corp multiple times for transcripts, recordings & notes for all interactions with representatives that I supposedly had access to as customer, I have large amount of those interactions & asking to compare in order to solve who is at fault to no avail...... View More

Anthony M. Avery
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answered on Sep 25, 2023

That sounds like a potential breach of contract action on each refund. Possible class action. But it sounds like you have no evidence. Consult with an attorney. But be advised it may not be a TN jurisdictional matter.

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