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Tennessee Criminal Law Questions & Answers
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.

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: I was served a summons last Wednesday from 2004 for a $43 dollar check was the statue of limitations not up?

I was arrested according to Tennessee code section 40-6-206 says for a misdemeanor 5 years to serve and I told them that at the county court house here and they said they just work there even the sheriff that booked me said it was a illegal arrest i need some help please

Anthony M. Avery
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answered on Aug 11, 2023

If it was initiated within 1 year of the offense, then charge is probably timely. Cheapest, easiest action is to bring cash to Court. If no victim appears, ask to dismiss. If victim there, ask DA to make restitution, costs, and get it Diverted, Dismissed, and then Expunge it. Might hire an... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: what is the average jail sentence for a 2nd state violator possibky with a new charge by now
T. Augustus Claus
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answered on Aug 9, 2023

The length of a jail sentence for a second-time offender can vary widely based on factors such as the specific charge, the circumstances of the case, the defendant's criminal history, and the jurisdiction's sentencing guidelines.

In Tennessee, the penalties for repeat offenders...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: I was taken into loss prevention at Wal-Mart because I stole a $20 watch and was let go with a court date.

I am wondering what is going to happen when I go to court? I have no record and this would be my first time in trouble.

Anthony M. Avery
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answered on Aug 9, 2023

That is a Citation for Misdemeanor Theft of Property. Hire an attorney to get it Diverted, Dismissed and Expunged. A theft conviction on your record will mess you up permanently. Possible restitution required, and do not go to Walmart again.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How long can court system take before sentencing on a probation violation in Tennessee

Misdemeanor charges

Anthony M. Avery
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answered on Aug 9, 2023

There is no time limit. But after the 11 months, 29 day Sentence is over, the Court loses jurisdiction. Often Probation will be revoked before then, and the Sentence is extended, especially for Court

Costs.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Tennessee on
Q: With someone violating the sex offenders registry, what happens to the children in their custody
T. Augustus Claus
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answered on Jul 31, 2023

If someone is violating the sex offenders registry laws in Tennessee and has custody of children, it can have serious implications for the custody arrangement.

In cases involving a registered sex offender, courts prioritize the safety and well-being of the children involved. If a parent or...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: My wife got a 65k bond set for a first time offense that she isn't guilty of but isn't that against the 8th amendment?

It started out as attempt to resell but whenever she was going for her arraignment for the 3rd time in general sessions, they somehow dropped those charges because the cop was under investigation and they are trying to charge her now with a indictment. Her public defender dropped her to allow them... View More

Anthony M. Avery
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answered on Jul 31, 2023

If the arrest warrant was dismissed, and no indictment has been returned, then she has no charges at this time (and no applicable bond). You all are confused as to what is going on. Amount of Bond rarely has much to do with being a first offense, but a motion to reduce bond can always be made.... View More

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

1 Answer | 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

T. Augustus Claus
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answered on Jul 27, 2023

If law enforcement officers or detectives come to your home and request to speak with you, you generally have the right to remain silent and not speak to them. You are not required to speak with the detectives if they don't have a warrant for your arrest. However, keep in mind that if they... View More

1 Answer | 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.

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?
T. Augustus Claus
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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 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?

Anthony M. Avery
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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, 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 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.

Anthony M. Avery
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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 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

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, Employment Law, Business Formation and White Collar Crime for Tennessee on
Q: I am founder of a new nonprofit in TN. I have felony from 2013 (UE).repaid all monies, no other criminal record.

Can I be an officer/manger on my board if I have felon from another state? I had an over payment for unemployment of 11,033.38 (including a $5,000 fine) ALL of which I REPAID in full. the nonprofit that I am starting is a community building project teaching beginning farmers from low income and... View More

Anthony M. Avery
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answered on May 23, 2023

I am not aware of any disability from running a TN non-profit entity. If you already formed it, then apparently the TN Secretary of State has no problem. Since it is from another State, noone here may know about it at this time, and who would want to remove you anyway? You might look into... View More

2 Answers | Asked in Criminal Law, Traffic Tickets and Appeals / Appellate Law for Tennessee on
Q: Can someone be arrested on a bench warrant if they were incarcerated already on their court date?

So, someone I know got a speeding violation back in 2021 that required a court appearance. However, shortly after receiving the violation, they were incarcerated and put in prison for two years. Because of this, they were unable to attend their court date. Now, the day they were supposed to be... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 12, 2023

I agree with attorney Avery. Part of hiring an attorney would be for the attorney to get the client's outstanding bench warrant resolved so that the holds on the defendant are lifted-----whether this means getting the defendant transferred to that court to answer the bench warrant or perhaps... View More

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