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Tennessee Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Double jeopardy, on Dec 17 2022 went to jail later that night for friends paraphernalia pipe left in my center console.

Double jeopardy, on Dec 17 2022 went to jail later that night my friends paraphernalia pipe my center console. I was pulled over earlier that morning heading from Danville Arkansas to Dardnell Arkansas from my friend I was visiting heading to the Walmart in excitement finding a PS5 i had managed to... View More

James L. Arrasmith
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answered on Jan 15, 2024

The concept of double jeopardy, as outlined in the Fifth Amendment of the U.S. Constitution, protects individuals from being tried twice for the same offense after either an acquittal or a conviction. However, in your case, it appears that you are dealing with two separate incidents: one involving... View More

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1 Answer | Asked in Criminal Law, DUI / DWI and Federal Crimes for Tennessee on
Q: Case is against 2 tn troopers.wat is my best defense for dui, intent to distribute meth(1gr&4baggies)weapons charge

I felt very manipulated and coerced and it felt like i was set up

James L. Arrasmith
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answered on Jan 13, 2024

In a case involving DUI, intent to distribute meth, and weapons charges, your best defense would typically depend on the specific circumstances surrounding your arrest. To strengthen your defense, consider the following:

1. Consult with an experienced criminal defense attorney in Nashville,...
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2 Answers | Asked in Criminal Law, Federal Crimes and DUI / DWI for Tennessee on
Q: How can I be arrested for driving under the influence before taking a breathalyzer when I passed the field sobriety test

He drug me out of the car and asked me to do a field sobriety test in which I passed with flying colors, and as soon as we got done, he arrested me and puts me in the back of cop car, and then takes me to get my blood drawn from hospital, but I wasn't intoxicated, I just had an open container

James L. Arrasmith
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answered on Jan 13, 2024

In the United States, it is possible to be arrested for driving under the influence (DUI) even if you passed a field sobriety test. While passing the field sobriety test can be a positive factor in your case, it's not the sole determinant of whether you can be arrested for DUI. Law enforcement... View More

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2 Answers | Asked in Criminal Law, Federal Crimes and DUI / DWI for Tennessee on
Q: How can I be arrested for driving under the influence before taking a breathalyzer when I passed the field sobriety test

He drug me out of the car and asked me to do a field sobriety test in which I passed with flying colors, and as soon as we got done, he arrested me and puts me in the back of cop car, and then takes me to get my blood drawn from hospital, but I wasn't intoxicated, I just had an open container

Anthony M. Avery
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answered on Jan 8, 2024

LEO apparently had probably cause to get the Warrant issued. You should not have consented to either a breath or blood test. Any amount of intoxicant will be used against you. And it is alot easier to get back a TNDL without a DUI conviction. Hire an attorney.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: What should I do? My ex just falsely accused me of molesting her daughter 4-5 years ago. Her daughter is now 18 y/o.

We split 5 years ago but remained friends. She went down a bad path after the split and I’ve always tried to help her when I could. Both of us hit a rough patch in our personal lives and to help each other out, we’ve been staying together for about 3 months. She has a drug problem though.... View More

Troy L. Bowlin
Troy L. Bowlin
answered on Jan 4, 2024

My recommendation is to do nothing at this point. I would not engage in any communication whatsoever regarding the accusations with anyone. There is a possibility these remarks were made out of anger and frustration during the heat of an argument. If the accusations continue to be made I would hire... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can I own a gun There’s no felony or arrest record There’s a order of protection that expired in June Tennessee
Anthony M. Avery
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answered on Jan 3, 2024

If there is no other firearm disability, then yes, you can own guns. But check that OP out at the Court, preferably with an attorney. Read it verbatim to ensure it expires on its own terms. A mistake would be serious. If the expired OP shows up on your back ground check, do not get excited... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: What happens when a police agency fabricate and lies on the agency statement? Is the statement used to get the indictmen

Is this the statement used to get or determine the indictment?

James L. Arrasmith
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answered on Dec 25, 2023

When a police agency is accused of fabricating evidence or lying in an agency statement, it can have significant legal implications. The accuracy and integrity of evidence presented to the grand jury or during the indictment process are vital. If there are concerns that false or fabricated... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: Probation office wants supervision fees from 2008, can they make you pay them 16 years later
James L. Arrasmith
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answered on Dec 19, 2023

In Tennessee, there are specific laws and regulations concerning the collection of probation supervision fees. If the probation office is seeking supervision fees from 2008, it's important to first verify the legitimacy of this claim. Generally, there are statutes of limitations that apply to... View More

3 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Traffic Tickets for Tennessee on
Q: If a witness' at trial testifies on the stand and tells lies,everything he said in the preliminary hearing will confirm!

Then he cant be held as a credible witness??!! All testimonies sworn under oath are recorded right?

Reid DeChant
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answered on Dec 17, 2023

Any hearing in court should be either audio recorded and/or recorded by a court reporter. You could request a transcript of the hearing which could be used to impeach the witness at a later date. Impeaching is the fancy term for calling someone a liar in court by showing the inconsistency in their... View More

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2 Answers | Asked in Criminal Law, Education Law, Tax Law and Business Law for Tennessee on
Q: If a school official lied to defraud parents of an account balance or charge, is that criminal?

A school sponsored, parent funded, non-profit school support organization has been asked to pay an amount that is not correct and accounting is wrong. The school sponsor is the only person allowed to handle the budget and pay vendors. The sponsor informed parents the charge was less than what it... View More

James L. Arrasmith
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answered on Dec 25, 2023

If a school official intentionally provided false information about finances to defraud parents, this could potentially be considered criminal behavior. In your situation, if the school sponsor misled parents about the actual costs and required additional payments under false pretenses, it may... View More

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: Can I be charged with unlawful possession if I’m at my girl friend house and she has guns? We have different address

We have different addresses and she wrote a statement and got on the stand testified she lied on me but they still charging me for something I didn’t do. I even have photo evidence she had a gun pointed at my face. I need help immediately please.

James L. Arrasmith
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answered on Dec 12, 2023

In Tennessee, being charged with unlawful possession of a firearm depends on several factors, including your specific circumstances and legal status. Merely being in a house where guns are present does not automatically make you guilty of unlawful possession. However, if there are certain... View More

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1 Answer | Asked in Criminal Law for Tennessee on
Q: I am being charged for forgery of drs note to my son’s school. first offense, never been in trouble.what am I looking at

I was told that the paperwork was being turned in this evening and that in TN it is Class E felony and the SRO had no choice but to charge me. But suggested I get an atty and he was ok and suggest I try to plea down or get it dismissed. What am I looking at time in jail or probation?

Anthony M. Avery
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answered on Dec 8, 2023

It is serious. Hire an attorney to get it diverted, dismissed and expunged. There may be some misdemeanors or an attempt (which lowers it one class) which might be acceptable to the DA and the Judge. Still you do not want a felony , so keep quiet and hire an attorney. Attempt to resolve it... View More

2 Answers | Asked in Criminal Law for Tennessee on
Q: Can you beat a criminal trespass charge if you was returning items that belong to property owner and you left when asked

My ex has charged me with trespassing when I returned items to her home and knocked on her door and left when she asked me to leave.

James L. Arrasmith
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answered on Dec 6, 2023

In cases involving a criminal trespass charge, the specific circumstances of the incident are crucial in determining the outcome. If you were returning items to their rightful owner and left the property when asked, these facts could be significant in your defense.

It's important to...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: Is it possible to have my public intoxication expunged from 2014?

I was arrested and held for 4 hours. At the end of the 4 hours, someone came in and told me if I signed a document and plead guilty, I would pay a fine and be done with it. I never really thought about it again until I interviewed for a job and it came up. I spoke with the general sessions clerk... View More

T. Augustus Claus
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answered on Dec 4, 2023

Yes, it is possible to have a public intoxication conviction expunged in Tennessee, even if it is from 2014. The Tennessee Expungement Act allows for the expungement of certain criminal convictions, including public intoxication, after a certain period of time has passed.

To be eligible for...
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1 Answer | Asked in Criminal Law, Divorce and Family Law for Tennessee on
Q: my husband is on my bond and we are getting a divorced and he says he going to take hisself off my bond what will happen

The bond is paid and it’s been 4 years been to court couple times then Covid hit and now it’s been 4 years need two know what I need two do will I be put back in jail if he takes his self off my bond live In Tennessee

Anthony M. Avery
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answered on Nov 24, 2023

That is probably up to the bondsman, who you should call as you are his prisoner. If the bondsman asks the Court to exonerate him, then the Judge may set a bond or possibly release you on your own recognizance. But 4 years is a long time not to go to trial. Talk to your lawyer. Be ready with a... View More

2 Answers | Asked in Criminal Law and Landlord - Tenant for Tennessee on
Q: State of TN tenant pull loaded gun and aims the weapon at property owner and owners minor Son, whom was only 8 yrs old

At the time , tenant pointed the loaded weapon at property owner and then owners minor Son. All the while, having her finger on the trigger

James L. Arrasmith
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answered on Nov 24, 2023

In Tennessee, the situation you described is extremely serious and could lead to criminal charges for aggravated assault, especially since a minor was involved. Aggravated assault in Tennessee is defined as intentionally or knowingly causing another to fear imminent bodily injury with a deadly... View More

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2 Answers | Asked in Criminal Law for Tennessee on
Q: Can I just pay my fine and not go to court for simple possession.citation.
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answered on Nov 19, 2023

In Tennessee, the process for handling a citation for simple possession can vary depending on the specific circumstances and the local jurisdiction. Generally, for certain offenses, including some minor ones, you may have the option to pay a fine instead of appearing in court. However, this... View More

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Cam u b charged for using the life alert system fraudulently as 911
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answered on Nov 17, 2023

Yes, using a life alert system fraudulently can lead to legal charges, especially if it's used in a manner similar to making a false 911 call. Life alert systems are intended for emergencies, and misusing them can be considered a form of false reporting or misuse of emergency services.... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Tennessee on
Q: My fiancé has spent At minimum 120 days past her true sentence.. and is still incarcerated as I speak in TDOC

originally received a four year suspended sentence.served three terms 9 m 9 m12 m Towards the suspended sentence. Also during this time Was placed on Community Corrections and ended up with 492 days (16 months) CC day 4 day credits (of which I only was made aware of the exact amount after... View More

Michael Gregory Floyd
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answered on Nov 23, 2024

Do you have the sentencing orders. A Writ of Habeas Corpus is the appropriate method for her release.

Attorney M.G.Floyd, Esquire 901 526-1088

1 Answer | Asked in Criminal Law for Tennessee on
Q: I got charged with aggravated domestic my case is headed to circuit court why hasn’t my case been dismissed or charged
Anthony M. Avery
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answered on Nov 18, 2024

Apparently your case was bound over to the Grand Jury. So you need an attorney to represent you there to possibly try it. If it was bound over, it was not dismissed. And even then the State can still seek an Indictment. Talk to your lawyer.

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