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Tennessee Criminal Law Questions & Answers
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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2 Answers | Asked in Criminal Law and Immigration Law for Tennessee on
Q: How can someone who has capius for probation, due to deportation, get reinstated after return to US from Ukraine?

Friend was deported in 2016 and was on probation in TN for criminal history. She has returned to the US as a refugee from the war, and is 8 months pregnant.

How can we get capius removed and probation reinstated, and extend her stay and attempt to gain permanent status?

James L. Arrasmith
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answered on Apr 23, 2023

If your friend was deported in 2016 and has a capias for probation, it is important for her to address this issue as soon as possible. Here are some steps she can take to try and resolve the issue:

Contact an attorney: It may be helpful to consult with an attorney who specializes in...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: I just learned that I have a warrant out for my arrest for burglary, but I have not committed a crime or crimes.

How is this possible and how do I fight this?

Anthony M. Avery
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answered on Apr 19, 2023

You can hire an attorney to look into it. But usually you cannot find out anything until the AW (or Indictment) is executed on the body, as in an arrest. Sometimes a turnin at Court off the Docket is made with an immediate request for a low Bond being made. If you are not in TN, that is... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: How can the officer add deadly weapon to my reckless endangerment charge after my paperwork States reckless endangerment

They added it after I bonded out of jail.

Anthony M. Avery
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answered on Apr 12, 2023

That was probably at General Sessions Court initially. LEO swearing out AWs can easily ask Judge to amend it or issue more AWs. It becomes a more formal process when Grand Jury Indictments are returned. Any defenses need to be brought up at the Preliminary Hearing on the Warrants.

1 Answer | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: If you have a warrant against you for domestic violence but the police don't serve it what recourse do you have
Anthony M. Avery
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answered on Apr 11, 2023

How do you know an Arrest Warrant has been issued? It may take awhile for LEOs to execute it. Try to stay out of trouble, especially traffic stops. Do not talk about it. Might be time for a new phone number. Have money available for bail and pick out a lawyer to represent you for... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: So can the DA reneg on dismissing charges because she had a bad day and didn't like my blunt and honest attitude?
Anthony M. Avery
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answered on Apr 6, 2023

DA's have absolute discretion to prosecute or not. They are immune from liability. Their only restrictions are the law, Court Rules, procedural rules and attorney ethics. Exculpatory Evidence must be produced when requested. Their promises are not enforceable contracts, and they can... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Identity Theft for Tennessee on
Q: Someone forged my signature on my title and got it registered. They had the law show up and get my car who do I contact
Anthony M. Avery
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answered on Apr 5, 2023

How did someone get your Title? Apparently they convinced LEO's they owned the car, and may have filed an Action To Recover Property, where you should have been served.

But Forgery is usually a Felony, so you may be able to get law enforcement involved. If no Forgery of your name,...
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1 Answer | Asked in Criminal Law and Civil Litigation for Tennessee on
Q: The neighbor on the street behind the subdivision, our back yards are adjacent and separated by trees, trespasses.

She thinks our back yard is her property, she has mental issues, our back yards are separated by about 50ft of woods. Currently in criminal court because she hit my brother and he was a minor and civil court were the judge keeps rescheduling because she’s never able to prove the land is hers... View More

Anthony M. Avery
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answered on Mar 22, 2023

If LEO's do not believe criminal trespass and vandalism is occurring, then you have a civil matter. Hire a competent attorney that litigates real property. Search both titles, then file suit in Chancery for a Boundary Dispute. Service may be a problem with that woman, if she is the... View More

2 Answers | Asked in Criminal Law, Estate Planning, Family Law and Elder Law for Tennessee on
Q: can he/she get a warrant out on them based on accusations? without questioning the other party beforehand

can they get a warrant out on someone without facts after threatening other parties. making accusations

Brandon D. Fersten
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Brandon D. Fersten
answered on Mar 27, 2023

Unfortunately he said/she said occurs in far too many criminal cases but the allegations of one individual is enough for the police to get a warrant for your arrest if it is enough evidence to support probable cause of the offense. If the individual is making threats to you and/or other individuals... View More

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1 Answer | Asked in Criminal Law, Federal Crimes and Probate for Tennessee on
Q: What can be done for siblings who presented a falsified p.o.a to court, bank and social security both parents have passe

Both parents have passed but the poa was submitted to gain access to bank, social security and life insurance plus submitted to court. I want to know as the oldest child and now executor what I can do to have them accountable for their actions?

James L. Arrasmith
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answered on Mar 19, 2023

If you have evidence that your siblings have submitted a falsified Power of Attorney (POA) to gain access to your parents' assets, you may want to consult with an attorney who specializes in estate law to discuss your legal options.

One potential course of action may be to challenge...
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1 Answer | Asked in Probate, Criminal Law and Estate Planning for Tennessee on
Q: My dad passed and my mother had dementia, severe no wills but I had two of my younger siblings present a falsified p.o.a

They presented it to the bank, social security what legal actions can I do to charge them if any accountability on their part for doing this? I am the oldest as well as the executor of the estate

Nina Whitehurst
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answered on Mar 18, 2023

You can file a petition to nullify the POA due to your mother’s lack of capacity, which you can prove with medical records and doctor testimony.

After the POA is nullified, you can file a petition for the appointment of a conservator for her. The conservator will be required to account...
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1 Answer | Asked in Constitutional Law, Criminal Law and Traffic Tickets for Tennessee on
Q: I got pulled over mid Jan for driving on revoke an the police officer that pulled me over ask me snitch an he let me go

I told him yes an he let me drive off an continue driving until he pulled me over Feb 6 an charged me with driving on revoked again. I'm currently pulling my jail sentence for the Feb 6 revocation. They came today an said I have court for the driving on revoked from Jan because I was unable to... View More

James L. Arrasmith
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answered on Mar 11, 2023

It is not legal for law enforcement to coerce or threaten someone to provide information or act as an informant in exchange for leniency in their own criminal case. This is a violation of the individual's rights and can lead to further legal consequences for the officer.

If you were...
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1 Answer | Asked in Criminal Law for Tennessee on
Q: Is there anything I can do?

I reside in Tennessee. I am on the sex offender registry and have no prior criminal convictions, yet on the page with my information it claims I was convicted of vehicular homicide, before I was ever born. Can i use this information as a lawsuit, or affect my registration in any way, or am I only... View More

Cayley Turrin
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Cayley Turrin
answered on Feb 17, 2023

A vehicular homicide charge would not affect sex offender registry but I would call TBI to let them know about the mistake.

2 Answers | Asked in Contracts, Criminal Law, Personal Injury and Constitutional Law for Tennessee on
Q: Can I challenge people to mutual combat if I loan them the nessicary protective gear and offer a waiver in TN?

Recently I was booted by my school, then told if I didn't sign an agreement to pay their parking fees they would keep the boot on my car. I'd like to challenge that staff member and campus officer to mutual combat via fisticuffs (with the nessicary PPE provided by myself).

James L. Arrasmith
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answered on Mar 2, 2023

No, it is illegal to engage in mutual combat in Tennessee, even if both parties consent to it. Mutual combat is considered a form of assault and is prohibited by law. Engaging in mutual combat can result in criminal charges and other legal consequences. Additionally, attempting to challenge a... View More

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1 Answer | Asked in Criminal Law for Tennessee on
Q: What is Tennessee law on entrapment and confidential informants.

Using family members & friends, sending them to place illegal drugs, attempt to buy illegal drugs.

Anthony M. Avery
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answered on Feb 6, 2023

Your question is extremely broad and could not be addressed here. Very few Entrapment Defenses are actually noticed to the Court in TN. The last time I did this was in conjunction with asking for a medical exam (drug test) of the LEO. Family and friends are almost always the CI's.... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: What can I do about an FTA for charges that the DA promised to drop in Smith county tn.

I was at someones house when police searched without a warrant, the person "Joe" then showed them drugs (meth)in a seperate garage and then broke into a locked safe when police asked him to where they found benzos. I was charged the same as *Joe~2 counts meth w intent and 2 counts... View More

Anthony M. Avery
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answered on Feb 2, 2023

The FTA is the least of your problems. Apparently you have not reached a disposition of your case. Hire a competent attorney to represent you, which may include Motions to Suppress, etc. if you are Indicted. Not showing up for Court is never excused when you are the defendant. Obviously you... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: Im in still in a pre trial diversion will it show up on a employer background check?
Anthony M. Avery
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answered on Jan 25, 2023

The criminal charge should show up on the NCIC as pending, as the charge has not been disposed of yet. When you get it dismissed, you must also get it expunged or it will be on your record forever. Your lawyer should have told you this.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Getting a conviction expunged

I am 45 yrs old currently. When I was 19 I got convicted of theft over 15,000. It was rediculous really, they had nothing on me but I was young and didnt know any better. I took a plea agreement and they were supposed expunge it off my record after probation. This never happened. How do I get it... View More

Henry Ambrose
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answered on Jan 25, 2023

Its hard to say for sure without more details about your conviction, but here is a link from the State of Tennessee that might help answer your question -- https://www.tn.gov/expunction.html -- felony theft is on that list.

If you need more specific advice contact a lawyer in your area....
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1 Answer | Asked in Criminal Law for Tennessee on
Q: When does indictments come out?

If I’ve been indicted how would I know? And when will I know?

Anthony M. Avery
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answered on Jan 19, 2023

Each County notifies Defendants in a different manner. It may be a card, going to Docket Call each month, etc. Your attorney should be able to find out from the Court or the DA. If no attorney, then hire one for the offenses that you believe you will be Indicted for. Even if the Court Clerk... View More

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