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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Tennessee on
Q: Is it extortion if a construction residential framer, breached contract, quit and renegotiated money. Left, took lien

Hired house framer, he breached contract and quit, renegotiated for more money. He left without completing and needed repairs then obtained a lien on my property for final payment.

Cayley Turrin
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Cayley Turrin
answered on Oct 3, 2024

Depends on a variety of factors. I would first consult with a civil attorney.

1 Answer | Asked in Criminal Law for Tennessee on
Q: In 1997 a life sentence was given. The order clearly states with parole under the 1989 Reform Act and Range 1

Standard 30%. The defendant also pled guilty to this understanding.

In response to a filed motion, in 2017 an order was issued stating life without parole.

In 2021 a corrected judgment was reissued showing life with parole under the 1989 Reform Act.

Currently, the TN Dept... View More

Cayley Turrin
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Cayley Turrin
answered on Oct 3, 2024

You need to contact an attorney to review this matter closely.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How can I request video and court exhibits from a trial in Shelby County Tennessee
Anthony M. Avery
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answered on Oct 3, 2024

It will be expensive and difficult. Start with contacting the Clerk of the Court where the Case was.

2 Answers | Asked in Criminal Law, Traffic Tickets, Civil Litigation and Civil Rights for Tennessee on
Q: A cop has my phone from a stop when he search me and took it, it's been two days and is till can not get it back.

I had been stopped about a prior warrant I already served time over, while being stopped and searched the officer took my phone and personal belongings and sat them in his car while waiting on NCIC to come back clean and when it did he left and never returned my property. It's been two days... View More

Anthony M. Avery
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answered on Oct 2, 2024

You can call the LEO and ask for your property back. Or call the chief or sheriff and complain. Ultimately you would have to sue the LEO and the County for conversion, which is not worth it. You might get a phone.

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2 Answers | Asked in Appeals / Appellate Law, Civil Rights and Criminal Law for Tennessee on
Q: Should I rescind my guilty plea or appeal or something else? Was my civil rights violated w immediate bond revocation?

I was pulled over in Overton and arrested for violating bond conditions. A bond of $5000 was set, and paid. I should have been released. But, immediately after making the bond, the judge revoked the bond and held me. At the time, I had a capias in Sevierville, TN (which was for the original charge... View More

Anthony M. Avery
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answered on Sep 29, 2024

It is almost impossible to set aside a guilty plea. There are both direct and collateral attacks. Both are time sensitive, expensive and doubtful. Both you and your attorney did not know what was going on, which are not good reasons. Post Conviction Ineffective Assistance of Counsel might... View More

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2 Answers | Asked in Criminal Law for Tennessee on
Q: Why would an assault charge have a $70,000 bond
Anthony M. Avery
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answered on Sep 20, 2024

Any number of reasons. It is probably Aggravated Assault, and possibly several charges. Hire a competent attorney, keep quiet, and prepare for a rigorous Preliminary Hearing. Bond might get lowered with a Motion.

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1 Answer | Asked in Criminal Law, Admiralty / Maritime, Child Support and Civil Litigation for Tennessee on
Q: Is unlawful possession of firearm the correct charge for a felon in possession and firearm and if not. Whats the Correct

A felon in possession was officially charged and is being tried on Unlawful possession of handgun. I thought one was a misdemeanor and the other was a felony charge.

Anthony M. Avery
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answered on Sep 18, 2024

DA has discretion on the criminal charge. So if he chooses a misdemeanor, that is his prerogative.

2 Answers | Asked in Bankruptcy, Contracts and Criminal Law for Tennessee on
Q: Since an attorneys first duty is to the court and the public, not his client whenever duty conflict he must yield to

The latter. Is that not a conflict of interest in the courts? Your paid attorney obligated to the courts? How can the client get a fair chance?

7 Corpus Juris Secundum 4

Presentments according to the U.C.C. are negotiable instruments. Since the presentment is issued for value, can... View More

Anthony M. Avery
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answered on Sep 16, 2024

Presentment is presenting a negotiable instrument for payment, not an instrument itself. Like taking a check to a bank for payment: it is either honored or not.

This is not a forum for general treatises on law. If you have a specific question, post it.

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2 Answers | Asked in Contracts, Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: If an order or judgment doesn’t comply with TN civil procedures rule 58, can it be enforced? Is it final?Is it effective
Anthony M. Avery
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answered on Sep 16, 2024

It will be enforced unless a timely motion is made to that Court.

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1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I lied about my fiancé choking me until I passed out. Now he’s in jail. Can I go to jail now for lying on him?
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answered on Sep 13, 2024

Yes ... Hire a lawyer to represent you on how to stay out of Court and trouble. It is delicate.

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: traffic stop. driver passenger comply w officer request exit car. Officer seizes cig pack from pass' hand. Finds contra.

Is this a legal search and seizure? Affadavit of complaint: "Passenger had two packs of cigarettes in her hand gripping them tightly. I asked passenger if they were just cigarettes to which she stated they were. Inside....."

thank you for your attention in this matter of grave... View More

Anthony M. Avery
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answered on Sep 13, 2024

That will probably be found to constitute a justifiable search for the officer's safety.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: If I was arrested before I went to court for speeding and now I have a warrant out for my arrest

Do I have to turn my self in even if I was in jail on the court date?

Anthony M. Avery
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answered on Sep 11, 2024

Something is wrong or you do not know what is going on. Hire an attorney to go to Court and represent you. Another charge may have been made and/or there are two different Courts and charges involved. Your attorney should figure it out.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was involved in an accident with a drunk driver and drug driver on suspended license and charged. How do I challenge?

How do I challenge the decision of at fault and liability? The driver was driving twice the legal BAC limit and drugged marijuana. The Tennessee state laws in Tennessee constitutional laws Tennessee drunk driving is a strict ban on drunk drivers and the driver was in violation of Tennessee... View More

Anthony M. Avery
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answered on Sep 11, 2024

You say there was a decision, who made that? Sounds like no Court involved. You will need an attorney that handles both criminal cases and torts. Your interpretation of law is incorrect. Suit may need to be filed at least for property damages (and your TNDL).

1 Answer | Asked in Criminal Law for Tennessee on
Q: Yes I had an arraignment on August 8th my court date is today at 1:00 p.m. I got laid off at my job will he give me extr

A time to hire a lawyer since I got laid off at my job I had to get a new job

Anthony M. Avery
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answered on Sep 10, 2024

Sounds like you are too late to hire an attorney. If trial was continued, hire one today and pay after every paycheck.

1 Answer | Asked in Criminal Law and Identity Theft for Tennessee on
Q: How much time would I be looking at if I turn myself in?

I have 2 ftas and a probation violation. How much time would I be looking it if I turn myself in after being on the run for a year and a half, as well as providing records to show I have been in rehabilitation centers this entire time?

2 charges I’m facing & its kinda confusing. The... View More

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answered on Sep 9, 2024

There is a good chance you will spend the remainder of your 11mo/ 29 day Sentence in jail.

1 Answer | Asked in Identity Theft, Criminal Law and Federal Crimes for Tennessee on
Q: How can find a lawyer for negligence Defame character identity slandering my name and selling my personal info on the da

Selling my personal information on the dark web

James L. Arrasmith
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answered on Sep 5, 2024

Finding a lawyer to help with a case involving defamation, identity theft, and the illegal sale of your personal information requires careful consideration. You want to look for someone experienced in handling cases related to defamation, privacy violations, and internet crimes. Start by searching... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is there laws to violating probation cuz of a sanction or tech , I heard u just do sanction time is that correct,

There is no new charge ,so with only a sanction the person would do sanction time and get out with starting probation over

Cayley Turrin
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Cayley Turrin
answered on Aug 29, 2024

Depends on a variety of factors. If you violated your probation it is always best to consult with an attorney.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is consent of household members required for searches for a person on probation to live there?
Cayley Turrin
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Cayley Turrin
answered on Aug 29, 2024

Depends on a variety of factors.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Hello, I have a misdemeanor charge for shoplifting at Walmart. I would like to know about the consequences.

The officer gave me a sheet and set a court date. They didn't handcuff me or take me into custody, but basically told me it was like an arrest. and they let me go home since it was the first time I did it

Anthony M. Avery
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answered on Aug 23, 2024

Citation is just as bad a criminal charge as an arrest warrant. Hire an attorney (not a PD) for that theft of property charge. You need it Diverted with Restitution, Dismissed then Expunged. Otherwise it hurt you for life.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is there laws to violating probation cuz of a sanction or tech , I heard u just do sanction time is that correct

Is there new laws that say if no new charge is filed on a tech for say not reporting then will u get violated or just do sanction time and restart the probation

Anthony M. Avery
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answered on Aug 21, 2024

Contact your lawyer as there is no actual legal term for "sanction time". VOP Hearing will determine whether you will serve the Sentence incarcerated or not.

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