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Tennessee Criminal Law Questions & Answers
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.

Anthony M. Avery
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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.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: If someone has been incarcerated since February 23rd and has only had their arraignment in TN is it lawful
Anthony M. Avery
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answered on Jun 27, 2023

It is probably a legal detention. Has a bond been set? Does he have an attorney? Is he at General Sessions or Criminal Circuit Court? If the Bond is too high, has he moved to lower it? These are all questions that should be addressed to his attorney. He probably needs to be... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: If someone called the police and said I busted in my house with a gun can I file a complaint on them
Anthony M. Avery
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answered on Jun 27, 2023

You might file a complaint with LEOs. But there will be many questions asked, and if you answers are wrong, you go to jail.

2 Answers | Asked in Criminal Law for Tennessee on
Q: I was pulled over in my gf sister’s-car I was doing mechanic work on for a traffic violation. After running my license

And Insurance he said the car spelled like marijuana and did a search on it. No marijuana was found but he found a firearm whichI had no knowledge of. I had never seen it or touched. I’m a convicted felon. What should I do?

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answered on Jun 27, 2023

Hire an attorney to represent you. Felons with firearms go to prison for long periods. It may have been an illegal stop which needs a Motion To Suppress Evidence. Constructive Possession is very possible here, even without fingerprints on the weapon or ammo.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: A family member was caught stealing less than $50 at Wal-Mart. The police issued a citation and have to go the the polic

have to go to police station for finger printing, photo and get a court date. What should we expect in court and potential consequences?

Anthony M. Avery
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answered on Jun 27, 2023

Sounds like a Misdemeanor Theft of Property. Getting booked instead of an arrest saved him bail money which should be used to hire an attorney. Charge needs to be Diverted, Dismissed and Expunged, possibly after Restitution.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How do I file a complaint against the judge and prosecutor?

I've been detained for over 180 days. I filed a motion to dismiss my case. My court date has been reset 2 times for the "judge response to motion". What options do I have now to protect myself? I'm being held against my will for something I did not do. How do I file a complaint... View More

Anthony M. Avery
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answered on Jun 27, 2023

Filing disciplinary complaints against lawyers and judges would not help you, even if you have Canon violations. Hire an attorney to get that Motion heard or other disposition. Public Defenders will probably not help you; you need a real attorney. Promise to make payments, work, anything you... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: Hello. What charge is attempted contraband into a penal institution? I have a clean record. Can I get a pre trail devers

This is in Tn. They wanna give. Me 90 days and a test probation. I had a blunt in my vehicle that they searched after my visit.

Henry Ambrose
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answered on Jun 26, 2023

It could be a class D or E felony or a class A misdemeanor It depends on how they charge it.

An "attempt" on an E felony could be an A misdemeanor.

You really should talk to a lawyer about this.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can I be charged for something inside a RV I was repoing
Anthony M. Avery
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answered on Jun 16, 2023

LEO's might allege that you had possession, at least constructive possession of contraband. You will need an attorney to prepare for a rigorous Preliminary Hearing.

1 Answer | Asked in Criminal Law and Real Estate Law for Tennessee on
Q: Can anything be filed to stop an auction of house that was ordered to auction in partition suit? I have proof of fraud.

The officiate rev.of the marriage was not ordained. The church that ordained him was not an entity non existent proof by secretary of state.

Anthony M. Avery
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answered on Jun 16, 2023

With no marriage, there is no surviving spouse, so tenancy in common would be the Estate. But if you have standing, you can intervene and tell the Court the Title is not as the Partition Complaint has alleged. It might not stop the Sale For Partition, but it would definitely change the Order For... View More

1 Answer | Asked in Traffic Tickets and Criminal Law for Tennessee on
Q: I passed a stopped school bus, and the proof was the school bus camera. My first offense, what should my charge be.

What is the state law for this violation. I have no prior vehicle violations of any type. I was given a citation, and the citation doesn't have any fine amount written on it.

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answered on Jun 15, 2023

There can be several offenses, not all of which are Rule Of The Road violations. Were you cited or arrested? If charged, you definitely want to got to Court. At worst it would be a conviction and costs. But you might receive some type of diversion, or some charges dismissed. You may receive... View More

1 Answer | Asked in Traffic Tickets and Criminal Law for Tennessee on
Q: I was pulled over the reason being my tag light was out, I had no license plate car was new an temporary tag in rear win

Tag was in rear window was this a lawful stop

Anthony M. Avery
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answered on Jun 14, 2023

Probably not. A good Motion To Suppress Evidence would need to be made. Hire a n attorney.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can i get 15 years for class C felony
Anthony M. Avery
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answered on Jun 14, 2023

In TN, yes...

1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Domestic Violence for Tennessee on
Q: Please describe what happens when charges are bound over to the grand jury.

My husband has been convicted of domestic violence and is serving 11 months and 29 days after failing to comply with an agreement he made with the court. The charges had been set in abeyance awaiting completion of the agreement. He chose not to complete the agreement. The judge has now sentenced... View More

Anthony M. Avery
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answered on Jun 8, 2023

If the Judge ordered a Sentence then there was a Conviction, and it was a Misdemeanor at General Sessions Court which was not bound over. Apparently he has one or more charges that were initiated by an Arrest Warrant at Sessions which were not disposed of, that is no conviction nor dismissal. DA... View More

3 Answers | Asked in Civil Litigation, Criminal Law, Personal Injury and Traffic Tickets for Tennessee on
Q: In Sevier county Tennessee how do I get the 911 tapes and the officers video cameras from their uniforms?

If another driver has falsely accused us of being active shooters can we Sue that driver?

Anthony M. Avery
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answered on Jun 7, 2023

You have to file a lawsuit and demand Discovery.

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1 Answer | Asked in Criminal Law, Family Law, Federal Crimes and Juvenile Law for Tennessee on
Q: Four years ago, my mother made me have a bath naked with two 12-year-old girls when I was 14 years old, can I sue?

I'm 18 and male. Four years ago when I was 14, my mother was going to visit her friend who lived in the countryside for a few days and she took me with her. While we were walking over to her friend's house, I slipped and fell in the mud. When we arrived at her friend's house, my... View More

John Michael Frick
John Michael Frick
answered on Jun 5, 2023

Generally, you cannot successfully sue someone unless their actions or inactions caused you to suffer actual legally compensable injuries. Your question does not mention any such injuries, and it is difficult to imagine how the facts you describe would likely result in any such injury.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is it legal to be held without a bond and no set new court date?

My dad is being held in Claiborne County TN with no bond and also doesn’t have any court date set for anytime in the future according to jail records when called and asked about it. How is such a thing like this even legal, if it is?!?

Anthony M. Avery
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answered on Jun 5, 2023

Has his attorney looked into this? An inquiry could be made to the pertinent Court Clerk, Sessions or Criminal Circuit. But most importantly, his lawyer should be working on this.

1 Answer | Asked in Federal Crimes, Contracts and Criminal Law for Tennessee on
Q: What can you do if ups worker steals your package? A 42,000$ package!!!

I took it to ups access point last Thursday evening and yesterday tracking still hadn't updated so I sent my husband to the UPS store and she told him that the tracking number didn't look right it needed more numbers ok so I called them and they hung up on me and I called them back the... View More

Anthony M. Avery
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answered on Jun 1, 2023

No Federal Diversity or issue Jurisdiction here.

1 Answer | Asked in Federal Crimes, Contracts and Criminal Law for Tennessee on
Q: What can you do if ups worker steals your package? A 42,000$ package!!!

I took it to ups access point last Thursday evening and yesterday tracking still hadn't updated so I sent my husband to the UPS store and she told him that the tracking number didn't look right it needed more numbers ok so I called them and they hung up on me and I called them back the... View More

Anthony M. Avery
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answered on Jun 1, 2023

That may be either a conversion, breach of contract or bailment action, possibly others. You will need a TN attorney if the delivery of the parcel was in a TN County. Probably a Circuit Court action. Be prepared to give alot more details than what you have posted, which is nowhere near... View More

2 Answers | Asked in DUI / DWI, Civil Rights and Criminal Law for Tennessee on
Q: If you are arrested for DUI doe you have to be read your rights? If you request your medical Power of attorney and they

Ignored my multiple requests, doesn’t that violate my rights?

Jay Moreland
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Jay Moreland
answered on Jun 3, 2023

Police only have to read you your rights (Miranda rights) if they intend on questioning you after your arrest. Once you are detained, the officers should mirandize you and only get a statement from you after you've waived your rights to an attorney and against self-incrimination. Anything you... View More

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Can u be charged a felony in TN if u don't return from a furlough while being incarcerated on misdemeanor charges
Anthony M. Avery
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answered on May 30, 2023

It will definitely be an Escape, and probably a Felony. A FTA Warrant might also be issued. The Judge that granted Furlough will handle the Case and will be very unhappy. The Defendant should immediately turn himself in at jail or at Court with his attorney if a charge has issued. Otherwise... View More

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