I need a lawyer who can file a motion for my son.
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... View More
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
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... View More
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
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
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
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... View More
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.
How do I sue the state of Arkansas I was wrongfully convicted on 3-20-2008 Two correctional officer's assaulted me
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... View More
also there are many clear violations of the rules of judicial conduct and Tenn Sup Ct Rule10B
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
First offense
answered on Sep 19, 2023
If your 17-year-old son has pleaded guilty to leaving the scene, it's important to familiarize yourself with the specifics of the state laws where the incident occurred, as penalties can vary. Before the court date, gather any evidence or testimonies that might be relevant to the incident or... View More
Morristown Tn. I have never been in trouble for drugs
answered on Sep 13, 2023
The penalties for drug-related offenses, including possession of methamphetamine, can vary widely depending on several factors, including your location, prior criminal record, and the specific circumstances of your case. In Tennessee, drug offenses are taken seriously, and penalties can range from... View More
all paperwork I have from the past says that my Exp. Date is 10/27/23 papers like my old time sheets from being inside, and my discharge papers from where I was released on parole in June of 2020 but Po has 9-1-27. I have a min and Max date that I can be released from depends on programs and... View More
answered on Sep 11, 2023
Contact the lawyer who represented you and get a copy of the signed judgement. That will have the exact sentence you are to serve. After that will come the method of calculation for that sentence. The state where you were convicted will have that authority and your lawyer should be able to contact... View More
The felony conviction was 20 years ago.
answered on Sep 8, 2023
TN caselaw says that once you are expunged, you return to a person with no outstanding charges related to the expunged charge, nor are you convicted. However Federal law is different, and they do no wish to abide by State expungements. It is very doubtful that a NCIC will produce an... View More
answered on Aug 28, 2023
Misdemeanor Possession is minimum 30 days in jail. Felony starts at 6 years.
Wife has minor traffic violation an then fta for could nót get to the cóurt hóuse no ride an it's been a year or móre in the çouetbsystem but is a violation fírst
answered on Aug 22, 2023
In Sullivan County, Tennessee, the consequences for a first violation related to not completing community service can depend on various factors, including the original offense and the circumstances surrounding the failure to complete the required service. Generally, when probation terms are not... View More
The shooter was being violently attacked by their husband.
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.
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.
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
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
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
answered on Aug 14, 2023
In Tennessee, a police report is not typically considered "adjudicated" in the same way that a court case might be. Adjudication refers to the final decision or judgment made by a court in a legal matter. Police reports are documents created by law enforcement to document incidents, and... View More
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
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.
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?
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
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.
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.
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.