Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Tennessee Criminal Law Questions & Answers
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?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Criminal Law and Probate for Tennessee on
Q: I went to drug rehab for 30 days. 3 weeks from probation ending failed a drug screen. What am I facing now?

I have paid all fines, probation cost etc

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 8, 2024

Hire an attorney to represent you at the VOP. You might get to end the Sentence supervised or you might get incarcerated. Having everything paid will help.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Got charged with agravated burgerly twice haven't had regular court yet cause one place dropped and sent to higher court

My sister also was charged hers got dropped .we are heirs on said property just don't have our names on deed yet.i parked on drive way and law said my step mom. In rehab and her daughter wants me to leave.i left haventbeen back.ive not been in the house since daddy passed 2006.ive not stolen... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 1, 2024

You need an attorney to determine heirship, with an Affidavit being recorded. Then the AOH is used in Court to show your right of possession. But you may not be an heir or devisee.

1 Answer | Asked in Criminal Law and Traffic Tickets for Tennessee on
Q: I have a FTA for driving on a revoke; I was wondering if I hire a lawyer to put me on the docket can I avoid jail time ?

My L's was revoked bc I got a DUI over a year before.

No it is not a second dui or anything of that nature just driving on a revoke and no insurance

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 1, 2024

Hire a competent attorney now. Judge may require incarceration for the remainder of Sentence. Those charges are expensive also, so the lawyer might lower the costs.

1 Answer | Asked in Criminal Law for Tennessee on
Q: My boyfriend and I are co-defendents. arrested 9 months ago, and I bonded out, but new charges violated his parole

eaving him to finish up a previous 6yr sentence. At court the judge ordered me not to have contact with him, but didnt place no contact for him. I have POA & access to his money. my daughter has had to be the middleman and let me know when she needs $ for him. His 6yr sentence ended yesterday,... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 28, 2024

Do not sign the bond. Get his family to bond him out. Your criminal charge will be at issue soon and the judge would revoke at least his bond if not yours also. Talk to your lawyer about your case.

1 Answer | Asked in Criminal Law for Tennessee on
Q: ? cops with tasers drawn have 2 announce B4 enter home privproperty w/o S.W basedon tip loc. Of nonviolent FTA offender
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 25, 2024

There is no law preventing the LEO's executing a Warrant with firearms drawn. That is their discretion.

1 Answer | Asked in Criminal Law for Tennessee on
Q: 1st domestic got dismissed but I got another one.what now ?

Someone that lives with us has been causing problems in the house and she kept coming to my face and I just slapped her in her cheek. I did not hit her in her mouth nor scratched her. she waited a whole hour before calling the police and they put a warrant out but the girl has been evicted since... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 24, 2024

Domestic Assault is worse than some felonies. Hire a good attorney. Do not plead guilty under any circumstances except Diversion. Try it if necessary. Do not talk about this or find victim.

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: How long will Tennessee hold someone that has is awaiting out of state extradition
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 24, 2024

There is no time limit. The Sheriff can hold a fugitive from justice a long time. Suspect's lawyer can hurry the process along by waiving extradition, which is almost always a mistake. Habeas Corpus can be filed also.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Been charged with a 11 month 29 days misdemeanor for simple possession. Have completely paid all fees, fi
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

If you already paid fines then you are not charged but convicted. That was probably a mistake as you should have tried to get it Diverted, Dismissed and Expunged. Now you have a permanent drug conviction. What is your question? Why did you not get a lawyer?

1 Answer | Asked in Criminal Law for Tennessee on
Q: Am I likely to do jail time for agg assault for swinging a pitch fork at my roommate

It is my first assault charge . I do have a DV. No felonies. it's been around 5yrs since my last charge

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 20, 2024

It is very possible. Hire a competent attorney and prepare for the Preliminary Hearing. Do not talk about this to anyone.

2 Answers | Asked in Criminal Law for Tennessee on
Q: Mr Cole is my nephews court appointed lawyer. We have tried calling and emailing several times with no answer. How can

We get in touch or get a new lawyer that will respond?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 20, 2024

Nephew needs a real TN attorney. Start calling criminal attorneys, probably in the County of the charges.

View More Answers

1 Answer | Asked in Criminal Law for Tennessee on
Q: I'm asking a question for a friend who is awaiting criminal court for 3 counts of burglary in cars while on probation.

From what I know about him he has a drug addiction and committed the crime to try and get money for his addiction. Is it possible for the Judge to consider rehabilitation. He needs it.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2024

With 3 Felony Charges, I doubt it. He needs rehab now, prior to going to Court. Maybe the Sentencing could be coordinated with the rehab. His rehab will probably be in jail, as he will not be able to avoid incarceration.

2 Answers | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Tennessee on
Q: Is it Law that a person have a driver's license, registration or Ins to travel in a personal vehicle ?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 14, 2024

All of those requirements are statutory Rules of the Road in Tennessee. That is for the Driver not passenger.

View More Answers

1 Answer | Asked in Criminal Law for Tennessee on
Q: How do sanctions work on parole in Tn

I was sanctioned once for a failed drug test at a halfway house and now I have another failed drug test for parole for benzos will they sanction me

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 13, 2024

For such a second VOP I would expect you to serve most if not all of your Sentence incarcerated.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I haven’t got my community service done due to disability and my car was repoed. I see judge in a week. What should I do

I did not know at the time that the community service would be outside picking up trash. I was burned 35% of my body and I cannot sweat evenly which caused me to have seizures when I get to hot. I can’t do the community service it’s to hot outside. I also lost my car which I can’t make it to... View More

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

Yes, you can probably get the sentence changed to a period of confinement and a fine in lieu of community service if you are unable to perform community service.

1 Answer | Asked in Criminal Law and Legal Malpractice for Tennessee on
Q: In tn a judge raised the bail because the DA said he might want to increase the charges later. legal? ethical?

In Lake county a defendant was charged with a misdemeanor and when judge was setting bail the DA interrupted and said he MIGHT want to change it to a felony later and told the judge to raise the bail. The judge then did as the DA said. Is it legal to set bail based on a crime you are NOT charged... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2024

Judge has wide bail discretion. No ethical complaints here, but you can file one if you think it is wise and warranted.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If probation is revoked does judge have any discretion on penalty for zero tolerance violation

In Tennessee

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2024

Sentencing judge can make you serve the Sentence partially or in full, or extend the period. Judge can also dismiss the VOP.

1 Answer | Asked in Criminal Law for Tennessee on
Q: A family member told the police I ran from them. They later issued a warrant for my arrest. What am I to do?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2024

Hire a competent attorney after the arrest. Get money for a bond, and then get the attorney to possibly lower the bond. Keep your mouth shut and do not get in anymore trouble. Prepare for a rigorous Preliminary Hearing.

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: Is it possible for 3 inconsistent statements on a incident report to hold up in a federal jury trial in Tennessee

Arresting officer made 3 completely different statements about what he seen happen, the last one being 4 days later. Can that hold up in federal jury trial?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 4, 2024

Incident Reports are inadmissible in TN Courts, but I do not know about USDC. Probably not. also. In any event, defense must cross examine and attempt to impeach the government witness like any other trial. It does not mean defendant is acquitted.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I WAS TOLD THAT I WAS BEING CHARGED WITH RECKLESS ENDANGERMENT BECAUSE MY NIEGHBOR CALLED THE POLICE TWO WEEKS LATER

I WASNT GIVEN A WARNING OR CITIATION THEY JUST WENT OFF WORD OF MOUTH ALL OF THIS BECAUSE I TOLD HIM TO KEEP HIS 6 DOGS OUT MY YARD CHARGING AT MY GRANDKIDS AND TOLD ME HE RECORDED ME ON NEWYEARS AND WAS GONE HAVE ME PUT OUT BECAUSE BLACKS DONT BELONG OVER HERE

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 28, 2024

If no Citation was given to you or no Arrest Warrant/Indictment was executed upon you by arrest, then you are not charged with a crime. If charged, then hire a competent attorney to represent you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.