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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Tennessee on
Q: if the accused is released from court after conviction with the status of innocent can we file the same case against him
Anthony M. Avery
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answered on Jul 31, 2023

Not sure of your question... But if you are wanting to file a civil case based on the same incident, then hire a lawyer to file the action before the SOL runs. Apparently negligence per se will not assist your possible suit.

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: How long can TN hold you before indicating on a A class felony?
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answered on Jul 31, 2023

There is no time limit. Was a Bond set? If too high, a motion to reduce bond could be made, and sometimes unusual requirements are issued in conjunction with a lower cash bond. Apparently an Arrest Warrant was already executed, so SOL is not running on charge.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can the law come into your house without you being home?

They said they had a warrent but idk if it's real or not they are words misspelled on it. They didn't find anything in my house but then they searched my car and found meth and pills.

T. Augustus Claus
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answered on Jul 28, 2023

In Tennessee, law enforcement officers generally need a valid search warrant to enter a person's home without their consent. A search warrant is a court order issued by a judge, authorizing the police to search a specific location for evidence related to a crime. If the officers had a valid... View More

2 Answers | Asked in Criminal Law for Tennessee on
Q: Detectives came to my home I wasn't there. Told friend I needed to call them. Said I had no warrant do I have to go

Do I have to go talk to them. They said the would not be so accommodating if they have to return

Anthony M. Avery
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answered on Jul 27, 2023

You do not have to respond at all. Do not let your curiosity control you. LEOs are not trying to talk to you for your health. Do not talk to anyone about this, and it may be a good time for a new phone.

Be ready to hire a competent attorney.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: My friend missed his court date in Tennessee and was just arrested on FTA. Is there anyway he will be able to get a bond
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answered on Jul 21, 2023

Sometimes... The Court may set a Bond, but Defendant through his attorney should move the Court to set Bond. Possibly needs to be a written Motion filed.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can police use statements against you if they didn’t read rights at all before or after an arrest? Are they required to?

I had gotten pulled over for speeding. I had some stuff in my car that I shouldn’t have had but was honest with them. It wasn’t that much but they did arrest me for it. I didn’t want to get into bigger issues so told them what I gad before they even tried to search. Can they use my statements... View More

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answered on Jul 21, 2023

You voluntarily admitted to crimes prior to even being arrested, so Miranda is not going to help you. Hire an attorney to possibly getting the charges Diverted, Dismissed and Expunged. Convictions will mess up your life, especially if Felonies.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What does recalled revocation warrant means ?
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answered on Jul 18, 2023

Every County Court does things a little different from other Counties. It appears that the Probation/Parole Officer has asked the Court to dismiss the Violation of Probation Warrant previously issued. Your attorney should be able to find out from the Court Clerk or the DA.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Tennessee on
Q: What does Habeus Corpus mean?
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answered on Jul 17, 2023

They have the body is a rough transaction. It is a Cause of Action for unlawful detention of a prisoner.

1 Answer | Asked in Civil Rights, Criminal Law and Health Care Law for Tennessee on
Q: How long does a jail have to give a mental health person there medicine?
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answered on Jul 13, 2023

A jail is required to provide prescribed medication to an individual with mental health needs within 24 hours of admission. The jail is responsible for ensuring that necessary medications are administered as prescribed, taking into account any medical or mental health conditions of the individual.

1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Constitutional Law for Tennessee on
Q: 4th amendment violation? Worth legal pursuit?

Cops parked in the road I need to travel down to get home. They demand I tell them if I live there, (multiple houses on this road) I ask did something happen. He demands I show my license. I ask if I have been suspected of a crime, he said my failure to identify is suspicious and jerks my car door... View More

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answered on Jul 13, 2023

That would be a GTLA suit which few lawyers know how to file. It appears that you do not have any damages, so I do not recommend filing suit.

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Tennessee on
Q: Carrying concealed firearm in TennesseeTennessee is a permit-less carry state but I’m still hesitant of carrying in car

What should I do and say if I get pulled over? What If I’m the passenger?

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answered on Jul 13, 2023

You do not need to announce that you are armed unless asked. You do not need to show the weapon to the officer. Doing either of the foregoing could be considered a threat to LEO. I have even refused to show the LEO my weapon when requested with no problem since it is not the LEO's... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: What is the penalties for a second offense parol violation if it's for agrevated assault and what is the best way to han

I have seizures and I was confused when I came outta it my husband was trying to help my I thought he was trying to hurt me

Anthony M. Avery
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answered on Jul 12, 2023

Going back to prison and serving the Sentence. Hire an attorney and demand a hearing on the revocation. Only a violation is needed, but with enough medical proof, you might stay on parole.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If I get indicted in Mississippi and get a warrant out for my arrest will they come to Tennessee to get me or pick me up
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answered on Jul 6, 2023

If it is a felony charge, extradition is a certainty. If a misdemeanor charge is made, it is doubtful.

Consult with a MS criminal attorney.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If convicted of a felony in Ohio in 1968, van I vote in Tennessee in 2023.

The judge did not render this “infamous”.

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answered on Jul 6, 2023

No but you might be able to petition Circuit Court to restore some rights such as voting. The Court might overlook the fact of another jurisdiction issuing the Judgment. You will need a copy of your conviction and hire an attorney.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is there a statue of limitation on a misdemeanor violation of probation in Tennessee
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answered on Jul 5, 2023

Not sure of your question. But there is a 1 year SOL to initiate a misdemeanor charge. And VOP can be initiated anytime during the probation period.

1 Answer | Asked in Criminal Law for Tennessee on
Q: It says 5 years TDOC suspended to 5 years after service of 12 years??????
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answered on Jul 3, 2023

It sounds like your Judgment has some errors in it. Talk to your lawyer. He probably needs to ask the Judge to amend his Judgment to the correct Sentence.

1 Answer | Asked in Traffic Tickets and Criminal Law for Tennessee on
Q: Can you be charged if you did not receive a ticket or anything? Only took my number!
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answered on Jul 3, 2023

If a LEO observed a Rule of the Road violation, he has a 1 year SOL to initiate the charge. So you may or may not get charged.

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: I need to speak to a lawyer to ask about criminal conspiracy, distribution introducing into a penal facility with no pro

They have no proof of anything

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answered on Jun 30, 2023

You will need to hire an attorney admitted to Federal Court in the District where the Case is at. Assuming it is TN, there are some pretty good criminal lawyers here on Justia. If KY or VA, use Justia to look under the States for criminal lawyers. That kind of charge will involve inmates... View More

1 Answer | Asked in Criminal Law and White Collar Crime for Tennessee on
Q: How do I withdraw my plea agreement in Decatur county Tennessee due to ineffective counsel and pressure to accept

So I was charged with possession of drugs with intent my appointed attorney did not negotiate with the DA one bit bcthe same that the prosecutor offered in gen sessions was the same in circuit court this was my first felony charge and most first timers get rehab & or probation it was never even... View More

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answered on Jun 28, 2023

Hire a competent attorney to: Motion to Set Aside Guilty Plea; or Notice of Appeal dealing with the Sentence only. Time may be too late now, so call for a lawyer today. Later a Post-Conviction Petition to set aside everything for Ineffective Assistance of Counsel can be filed (within 1... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can someone issue a warrant in 2 different states for the same reason

In the state of Al I got arrested for receiving stolen property, and the same day are bonded out. They issued a warrant out for me in the state of Tennessee for theft property over 2500.

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answered on Jun 28, 2023

Double Jeopardy would attach to any empanelment of two sets of jurors. But you will have to initially respond to both charges. Your lawyer will want to look at both State's charges, and potential penalties, and then move to dismiss one of them. It would usually be the latest one.

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