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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Tennessee on
Q: What if a person goes to jail for criminal trespass and burglary how much would there bond be
Anthony M. Avery
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answered on Aug 21, 2023

Different Counties vary on Bond amounts.. But those charges could be $ 20K to $ 40K or so.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: What is a normal bond rate to be set for someone who is charged with aggravated assault with a deadly weapon?

The shooter was being violently attacked by their husband.

Anthony M. Avery
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answered on Aug 18, 2023

Courts in different Counties set very different Bonds. Coffee County, in my experience, would generally set Bond about $25K to $50+K for such an offense. If the victim was wounded, it would be much higher, probably three to five times higher.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What is criminal att theft $1000 to 2500
Anthony M. Avery
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answered on Aug 18, 2023

If that is an attempt charge, then it is possibly a Class A Misdemeanor. But if not an attempt, then a Class E Felony.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What is the time frame for a speedy trial request in Montgomery county Tennessee

PD asked for speedy trial for felony child abuse and neglect, July 2022. Today prosecution pushed trial to July 2024.

Anthony M. Avery
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answered on Aug 17, 2023

If the speedy trial motion is not granted, a motion to dismiss should be filed.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What is the timeframe for speedy trial request in Montgomery County TN?

My son has been falsely accused of child abuse and prosecution is pushing trial out to July 2024. We have a medical expert that refuted the claims but PD is pushing open plea. Any suggestions?

Anthony M. Avery
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answered on Aug 17, 2023

It sounds like you need to hire an attorney. And a motion for a speedy trial is a very simple motion to file.

2 Answers | Asked in Criminal Law for Tennessee on
Q: My son is being accused of child abuse and we need copies of xrays. What can we do?
John Michael Frick
John Michael Frick
answered on Aug 17, 2023

Subpoena the X-rays from any medical provider who has them

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1 Answer | Asked in Criminal Law for Tennessee on
Q: If someone made a police report against you and it gets dismissed in court, can the state go back and pick it up

They want to recharge for something they already dismissed

Anthony M. Avery
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answered on Aug 16, 2023

Yes... happens all the time. Double Jeopardy does not attach until the jury is sworn. DA does not even have to go to General Sessions, but can go straight to the grand jury.

2 Answers | Asked in Criminal Law, Domestic Violence, Internet Law and Libel & Slander for Tennessee on
Q: Is it possible to have an abusive ex boyfriend's name removed from the deed to the home we both own?

I fled the relationship almost 4 years ago. I was followed, though. I was too afraid to live alone. Thankfully, i had many friends who offered me a safe place. Safe until my ex discovered where I was staying. Once he knew, he terrorized my friends until either I left, or was asked to leave. If my... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 16, 2023

It is possible. It is not easy or inexpensive but it is possible and may result in a sale of the property. In Ohio it is a remedy called partition. Partition cases in Tennessee refer to legal proceedings which allow joint owners of real estate to divide their interests in the property. In other... View More

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2 Answers | Asked in Criminal Law for Tennessee on
Q: I want to add additional information to a police report at what point is that police report considered adjudicated TN

I want to know at what point is the police report considered adjudicated and when can I not add additional information to a police report

Anthony M. Avery
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answered on Aug 14, 2023

You can ask the reporting officer or his supervisor to make changes to the accident report. They can ignore you. The report is not an adjudication of anything, and is inadmissible in evidence. It is only the investigating officer's opinion of what happened.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Codefendants one takes a plea deal 3yrs state paper to get out of jail pleads guilty sentences to probation/parole other

Waits for another court date and the case ends up getting dismissed due to the officer not showing up after being summoned to appear in court. Does the one who took the plea deal get his case dismissed as well? Or does a motion need to be filed?

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answered on Aug 14, 2023

If I understand what you stated, the defendant which pled guilty to a crime is still convicted of a crime. He does not get to retroactively change his plea, which is final. He can file a motion, but it will be denied as Court has no jurisdiction. Post Conviction relief for Ineffective... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: I'm in Tennessee. I need help with figure out a stolen vehicle situation that was being purchased privately

My girlfriend was buying a car from her parents who have receipts of payments. The car was reported stolen and she is currently sitting in jail on a felony charge for possession for stolen property. How can the car be reported stolen if she was buying it? Please help.

Anthony M. Avery
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answered on Aug 14, 2023

Whoever the titled owner of the car is, is apparently claiming it was stolen. Parents may not have owned car. Look at Title now and Registration now. Defendant needs an attorney to lower Bond and represent her at a Preliminary Hearing.

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: I was served a summons last Wednesday from 2004 for a $43 dollar check was the statue of limitations not up?

I was arrested according to Tennessee code section 40-6-206 says for a misdemeanor 5 years to serve and I told them that at the county court house here and they said they just work there even the sheriff that booked me said it was a illegal arrest i need some help please

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answered on Aug 11, 2023

If it was initiated within 1 year of the offense, then charge is probably timely. Cheapest, easiest action is to bring cash to Court. If no victim appears, ask to dismiss. If victim there, ask DA to make restitution, costs, and get it Diverted, Dismissed, and then Expunge it. Might hire an... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is it legal to be on 2 separate probations in the same probation office at the same time
Anthony M. Avery
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answered on Aug 10, 2023

Yes... Happens everyday.

1 Answer | Asked in Criminal Law for Tennessee on
Q: what is the average jail sentence for a 2nd state violator possibky with a new charge by now
T. Augustus Claus
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answered on Aug 9, 2023

The length of a jail sentence for a second-time offender can vary widely based on factors such as the specific charge, the circumstances of the case, the defendant's criminal history, and the jurisdiction's sentencing guidelines.

In Tennessee, the penalties for repeat offenders...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: I was taken into loss prevention at Wal-Mart because I stole a $20 watch and was let go with a court date.

I am wondering what is going to happen when I go to court? I have no record and this would be my first time in trouble.

Anthony M. Avery
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answered on Aug 9, 2023

That is a Citation for Misdemeanor Theft of Property. Hire an attorney to get it Diverted, Dismissed and Expunged. A theft conviction on your record will mess you up permanently. Possible restitution required, and do not go to Walmart again.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How long can court system take before sentencing on a probation violation in Tennessee

Misdemeanor charges

Anthony M. Avery
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answered on Aug 9, 2023

There is no time limit. But after the 11 months, 29 day Sentence is over, the Court loses jurisdiction. Often Probation will be revoked before then, and the Sentence is extended, especially for Court

Costs.

1 Answer | Asked in Criminal Law, Civil Rights and Libel & Slander for Tennessee on
Q: How long can TN hold you with no indictment or conviction on a A class felony offense?

They are innocent being prosecuted in a racist hick town with little evidence and bad sources so any loop holes to avoid my family dying a martyr would be ever so helpful

Anthony M. Avery
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answered on Aug 7, 2023

Indictment for an A Felony usually garners a large Bond. If not made, defendant stays in jail until trial. Defendant needs an attorney to move to reduce Bond. Sometimes special Bond Conditions can be ordered besides just cash.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If u get charged with having 5 grams of meth and then when the indictment comes it says u only had .5 what happens
Anthony M. Avery
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answered on Aug 7, 2023

The Indictment is the criminal charge you worry about. Whatever happened at Sessions is gone. TBI Lab must have found only 10% of the contraband to be meth, not all of it.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Tennessee on
Q: With someone violating the sex offenders registry, what happens to the children in their custody
T. Augustus Claus
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answered on Jul 31, 2023

If someone is violating the sex offenders registry laws in Tennessee and has custody of children, it can have serious implications for the custody arrangement.

In cases involving a registered sex offender, courts prioritize the safety and well-being of the children involved. If a parent or...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: My wife got a 65k bond set for a first time offense that she isn't guilty of but isn't that against the 8th amendment?

It started out as attempt to resell but whenever she was going for her arraignment for the 3rd time in general sessions, they somehow dropped those charges because the cop was under investigation and they are trying to charge her now with a indictment. Her public defender dropped her to allow them... View More

Anthony M. Avery
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answered on Jul 31, 2023

If the arrest warrant was dismissed, and no indictment has been returned, then she has no charges at this time (and no applicable bond). You all are confused as to what is going on. Amount of Bond rarely has much to do with being a first offense, but a motion to reduce bond can always be made.... View More

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