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Tennessee Criminal Law Questions & Answers
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 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: 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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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 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 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 Criminal Law, Traffic Tickets, Car Accidents and Juvenile Law for Tennessee on
Q: My son 17yrs has pleaded guilty to leaving the scene and has a court date of October 17th. Any advice will help

First offense

T. Augustus Claus
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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

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was charged with 3.2 grams of meth. How long will i do in jail

Morristown Tn. I have never been in trouble for drugs

T. Augustus Claus
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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

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: iM on a Interstate Compact from Ky to TN. MY parole officer and I have different dates as my EXP. Date by like 4 years?

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

Henry Ambrose
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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

1 Answer | Asked in Criminal Law for Tennessee on
Q: I had a felony in Indiana for possession of anhydrous ammonia. It was expunged in 2017. Can I have firearm in Tennessee

The felony conviction was 20 years ago.

Anthony M. Avery
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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

1 Answer | Asked in Criminal Law for Tennessee on
Q: What does possion schedule 2 methsentences
Anthony M. Avery
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answered on Aug 28, 2023

Misdemeanor Possession is minimum 30 days in jail. Felony starts at 6 years.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What do yóu get in Sullivan county for the first víolation normally for not completeíng community service

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

T. Augustus Claus
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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

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.

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

T. Augustus Claus
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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

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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?

Anthony M. Avery
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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.

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