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Tennessee Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and Constitutional Law for Tennessee on
Q: Can a community corrections officer take blood for a drug test without a warrant in Tennessee (Hickman County)

They usually do urine tests do they have to have a judge sign off to get blood or have a Warrant?

Anthony M. Avery
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answered on Aug 19, 2024

If you are on probation then there is no need for a warrant.

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1 Answer | Asked in Criminal Law, Identity Theft and White Collar Crime for Tennessee on
Q: Why am I being charged for identity theft, and fraud card use over 1000, and my identity was stolen from scams

I have been arrested for the crimes of a scammer using my information

Anthony M. Avery
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answered on Aug 16, 2024

You must hire an attorney now. Public Defenders will just plead you guilty. A conviction will destroy you. Criminal Discovery will be very significant to you defending yourself, but you must put on an active defense with your own testimony.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Poss unlawful drug paraphernalia uses and activities re trial what can be expected to happen

What is it expected to happen at pre trial

Anthony M. Avery
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answered on Aug 15, 2024

HIre an attorney and prepare for either a Preliminary Hearing or Trial. Talk to your lawyer.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is TCA 39-16-603 a misdemeanor or felony
Anthony M. Avery
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answered on Aug 12, 2024

Class A Misdemeanor or Class E Felony, depending on the alleged facts.

1 Answer | Asked in Criminal Law and Business Law for Tennessee on
Q: Former employer, have received a subpoena by State of TN against former employee for theft. Should I hire counsel?

Employee was caught stealing from a client's home. After an internal investigation, this incident led to the release of the employee (the employee actually resigned before he was fired). Now I have received a Subpoena from the State of Tennessee in its case against the former employee. This... View More

Anthony M. Avery
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answered on Aug 12, 2024

Probably no need for your own lawyer. You are a witness for the State in a criminal manner. Just testify truthfully and clearly.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Was sentenced to 7/14 kick out after 4 months they let me go and I suppose to went halfway house but I didn’t go

Ncic says negative and the county it in came back negative when they ran my name Why?? It say supervision status pending on ten foil

Anthony M. Avery
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answered on Aug 6, 2024

Not sure of your question. But you need an attorney to examine the Court File and properly determine your conviction and sentence. Then you might know what you have to do to complete it. It is critical to know if you have supervised probation or not, so at least call the local PO office.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was charged with possession of meth. The total weight was 50 milligrams. Is that considered by law a usable amount
Anthony M. Avery
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answered on Aug 5, 2024

There is no " usable amount" law on drugs. That is at least a mandatory minimum 30 days in jail.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If caught with drugs but not arrested can I be arrested later if I refuse to be a criminal informant?

Was pulled over as part of an investigation on someone else

Anthony M. Avery
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answered on Jul 31, 2024

Yes.., 1 year SOL on misdemeanors and more years on felonies to initiate the charge.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If you did not assault anyone how can they charge you with aggravated assault. The person was never touched or harmed.

A toy gun was pointed at the victim but he was not touched or harmed. Also the victim ran us off the road and a toy gun was pointed out the window

Anthony M. Avery
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answered on Jul 26, 2024

That is an aggravated assault. Display of a deadly weapon is all that is needed. You definitely need an attorney to represent you on that class C Felony.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a default judgement be issued against a defendant in a felony case if plaintiff knew they were deceased at the time?
Anthony M. Avery
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answered on Jul 26, 2024

There are no default judgments in criminal prosecutions. Default Judgments in civil matters against a deceased party happen alot. The heirs and next of kin might want to contest the default. If so, hire a competent TN attorney.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can I avoid jail been charged with burglary intro of contoban in a penal facility theft under 1000 and poss of meth
Anthony M. Avery
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answered on Jul 22, 2024

Probably not if you are convicted. Meth alone has a mandatory minimum Sentence.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Have two class c felony charges and 2 class a misdemeanor can I stay out of jail
Anthony M. Avery
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answered on Jul 22, 2024

Maybe... Hire a competent attorney, then prepare for a Preliminary Hearing. Work at least one job. Stay away from other criminals. And it might be time for a new phone.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Iwas called for jury duty in a county in a state I no longer live in. I give them an address for an apartment I'm leavin

I live in an apartment in TN but I'm a GA resident. Got called to GA jury duty and told them I no longer live in GA. I am trying to build a house in TN so I will no longer be in the apartment I live in now. I am changing my residence to TN today with a different address than what I gave the... View More

Anthony M. Avery
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answered on Jul 15, 2024

Call the Clerk of the Court that summoned you. Explain that you are no longer a GA citizen.

1 Answer | Asked in Criminal Law for Tennessee on
Q: My daughter stole 9 checks from my dad who had cancer. She forged his signature on all 9 checks with his signature.

My daughter forged my dad’s name on 9 checks starting on 7-2020 through 9-2020. The total sum was $ 4,870.00. I am no lawyer but, the way I have read the statutes, this would be a class D felony. A class D felony has a 4 year statute of limitations. I would like to seek counsel on this matter.... View More

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answered on Jul 15, 2024

Call KCSO today and talk to a Detective. Civil SOL for conversion is 3 years, so no cause of action by Father. Your Father is the victim, but there might be an Elderly Abuse crime also. Daughter will need to make restitution also as part of Probation.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is it mandatory for a parole officer to violate because I had been violated and made to serve 10 days in jail for violat

Of probation

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answered on Jul 12, 2024

That is the Officer's job. Your lawyer can defend you on the VOP.

1 Answer | Asked in Criminal Law and Collections for Tennessee on
Q: If your sentence expires can tN hold you to a fine

Does fine collection expire

Anthony M. Avery
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answered on Jul 12, 2024

Yes, Court can maintain jurisdiction and incarcerate you. DOS can suspend TNDL.

2 Answers | Asked in Criminal Law for Tennessee on
Q: If I go to jail for a crime I did not commit, bond out, and proven to be Innocent. Can I get my bond money back?

I used a bondsman

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

No. Since you did not post your own money as your bond and instead paid a fee to a bondsman to post his money as a bond, your bondsman will get his money back.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: In a criminal case,if a case has two files for the same charge,and one judge’s ruling disposes of the case,what happens?

In a criminal felony case, if a case has to two files for the same charges, and one judge’s ruling disposes of the case due to lack of prosecution, is the other file/case supposed to be thrown out? Just to say again, one case with two court dockets/files for the same charges. It may have been a... View More

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answered on Jul 11, 2024

No help here. DAs can dismiss charges and recharge the same crime all the time until the SOL runs out. You lawyer should be able to get a good plea with those procedural problems.

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Traffic Tickets for Tennessee on
Q: I was wondering if I should plead not guilty for having marijuana in my car when it was not real weed it was cBd
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answered on Jul 10, 2024

Do not plead straight up guilty! It will ruin your life. Hire an attorney to get it Diverted, Dismissed and Expunged.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Tennessee on
Q: I smoked pot a couple of years ago and never got caught, can I get in trouble now for that if someone tells on me?
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answered on Jul 9, 2024

Most criminal marijuana crimes are 1 year SOLs, but some are felonies with up to 8 year SOLs. Lying about use could net a perjury charge under a 6 year SOL.

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