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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Tennessee on
Q: 11 months 29 days misdemeanor probation. Paid all fines/court costs in full. Do I stay on probation entire term?

Entire fines/court costs are paid in full from a simple possession charge.(Had a Suboxone pill on person) Was charged 11months 29days. Been on probation 2 full month so far. Been in no trouble, go see probation officer regularly every two weeks like suppose to. Question is do you finish serving... View More

Anthony M. Avery
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answered on May 28, 2024

No, Probation continues for entire Sentence unless you are violated. Your lawyer could move Court to modify for unsupervised probation.

1 Answer | Asked in Criminal Law for Tennessee on
Q: My husband was picked up for FTA while on community corrections he has been in jail since may 8 th 2024 he has not seen

Judge or anyone within 72 hours shouldn't he be released

Anthony M. Avery
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answered on May 22, 2024

There is a good chance that there is a probation violation involved, and he will now have to serve most if not all of his Sentence. Hire a lawyer to look into it. A quick Hearing may not help him at all.

1 Answer | Asked in Criminal Law and Identity Theft for Tennessee on
Q: I need advice on a recent charge , I am 100% innocent.
Anthony M. Avery
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answered on May 21, 2024

What is your question? Hire a competent attorney; do not talk to anyone about the incident; might be time for a new phone and number; work and stay out of trouble; and prepare for a rigorous Preliminary Hearing.

1 Answer | Asked in Criminal Law for Tennessee on
Q: In the state of TN after granting someone parole how long do they have to release them?

If someone is serving TDOC time in the county jail and they get a parole hearing which later comes back as approved how long does it take for the inmate to be released?

Anthony M. Avery
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answered on May 21, 2024

There is no certain time period. If it takes too long, defendant's lawyer can move the Court that gave the conviction for the Sentence to be enforced or modified with notice to TDOC.

1 Answer | Asked in Criminal Law, Employment Law and Gov & Administrative Law for Tennessee on
Q: Can I obtain an insurance producer license in TN with a drug felony conviction in 2009?

I have a felony criminal record in Florida from 2002-2009. There are drug related felonies. I satisfied all terms of sentences in Oct. 2010. I've not been convicted of a crime since May of 2009. Is there a path in which I am able to acquire an insurance producer license in the state of... View More

Anthony M. Avery
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answered on May 20, 2024

Contact a FL attorney about what might be done with the conviction. Then contact the appropriate Commerce & Insurance Department in Nashville for eligibility.

D

1 Answer | Asked in Criminal Law for Tennessee on
Q: I got a criminal summons served on me for theft over 1000 TCA#39-14-103, didn't have to go to jail.will this violate me

I'm on parole will this violate me

Anthony M. Avery
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answered on May 20, 2024

Not getting arrested but only a Citation has nothing to do with it. Yes, that is a violation of Parole. Hire an attorney to get it Dismissed with or without Restitution, fast...

1 Answer | Asked in Criminal Law for Tennessee on
Q: My background check came back with a charge I was unaware of: “FY continuing criminal enterprises”. What does that mean?

I have googled it pretty extensively and everything I find comes back to drug related items. I have no drug or trafficking type charges on my record.

Anthony M. Avery
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answered on May 10, 2024

Hire an attorney to search out the initiating Court that put that pending charge or conviction on your record. If you applied for a handgun permit, there is a statutory process in Sessions. Otherwise it is either an expungement or declaratory judgment action.

1 Answer | Asked in Criminal Law and White Collar Crime for Tennessee on
Q: What's the typical bail for embezzlement/fraud?

I spent $22,107 off of my company issued credit card. The company demanded that I pay the money back but I do no have it. Will I be arrested? And how much would bail be for a situation like this? I don't have a criminal history, not so much as a traffic ticket.

Cayley Turrin
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Cayley Turrin
answered on May 10, 2024

There are a variety of factors that a Judge needs to consider. I would be prepared to be arrested.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What's the sentence for conspiracy ×3 in Tennessee?
Anthony M. Avery
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answered on May 9, 2024

Conspiracy to commit what crime? The actual or attempted crime is what the crime class and sentencing is derived from.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Tennessee on
Q: In TN can you withdraw guilty plea and or appeal conviction. Based on inadequate counseling and threaten by said counsil
Anthony M. Avery
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answered on May 6, 2024

You can file a Post Conviction Petition for ineffective assistance of counsel. SOL is a year.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If I had someone arrested for harassment will I need to appear in court,legally, for any reason
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answered on May 2, 2024

If you are the alleged victim, then you are claiming to be the witness to a crime. Your in court testimony will be required.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Judge adjourned trial and announced defense atty mother died. I feel the jurors were sympathetic to defense.
Carla Grebert
Carla Grebert
answered on Apr 24, 2024

You haven't asked a question or given much information, so I have to assume some things to respond to you.

You have posted this question in "criminal law," so I am assuming that you are the victim of a crime and that you feel that the defendant has some unfair advantage...
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1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: If I drank a miller lite beer 15 min before a blood alcohol test, what would my level on the test show

And if a wreck occured would I be charged with a dui for that amount of Alcohol in my system

Anthony M. Avery
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answered on Apr 24, 2024

Any amount of alcohol or other drugs in your system can be used as evidence for DUI. .08 is only an evidentiary presumption. So never take an implied consent test.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Judge adjourned trial and announced defense atty mother died. I feel the jurors were sympathetic to defense
Anthony M. Avery
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answered on Apr 24, 2024

Your lawyer can move more a mistrial. And now is an excellent time to file for it. However it is doubtful it will be granted. Hopefully there are other grounds to either win case without a jury verdict. Talk to your lawyer now.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If I gave permission for cop to search car does he have to have probable cause to even ask me

My license was suspended so I figured he had right to search it but he didn't even charge me for that he was with a cop who pulled me over a week before is why they really stopped me. Also if I had a locked combination box does he have right to open it in Tennessee

Anthony M. Avery
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answered on Apr 23, 2024

If you give permission for a search, no warrant, much less probable cause to believe a crime has been committed, is needed. LEO might claim he had permission to search everything, including the lock box. Here a Motion To Suppress is not going to work.

2 Answers | Asked in Criminal Law and Securities Law for Tennessee on
Q: My son borrowed my truck got pulled over and they seized my truck .haven't got any paper work hoe do I get my truck bac

He was takin a guy home that jyst showed up at his house . The guy had parole violation on him and tried yo take control of the truck .when my son got it stopped and tried to tell police what happened they didn't care the guy threw all his drugs in the floor. They took my son to jail and let... View More

Anthony M. Avery
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answered on Apr 18, 2024

Son needs an attorney now. There may be a Forfeiture Warrant on the truck, so then DOS is involved requiring a bond and a hearing. Son needs to prepare for a Preliminary Hearing. The truck is probably the least of your worries.

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1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: How many times can your name go up against the grand jury before a no bill is issued
Anthony M. Avery
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answered on Apr 15, 2024

Many times until the SOL has run.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How do I file for the return od confiscated property

An order has been given to return confiscated property within 30 days. The 30 days has been completed and I've not received the property.

Anthony M. Avery
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answered on Apr 12, 2024

Order from who? Usually you take a copy of the Order to whoever has the property and present it before leaving with the item. If refused, hire an attorney to sue.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If I have missed court due to not being provided summons or any notice of court dates how can I resolve w/o jail time?

Protection order violation. Arrested, was homeless due to this false allegation. When out of jail I was not provided a court date and never was sent a summons or information on my next court date. The protection order was dropped due no one showing in court. However the violation was picked up by... View More

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answered on Mar 27, 2024

Hire a TN attorney to take you to Court, probably off the Docket. If possible, get it dismissed.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is it legal for my hearing to be held 2 days after I am indicted on criminal charges
Anthony M. Avery
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answered on Mar 20, 2024

Yes.. You are probably getting Arraigned.

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