Anthony Marvin Avery's answer You have made a serious mistake. The Court tried to not destroy your life with some type of Diversion, but you violated it. It is very possible a large amount of the 11/29 Sentence you pled to will now be ordered served, anywhere from 30 to 90 days at least. Contact your attorney and tell him how you think you violated Probation and pay the entirety of your Court Costs and Fines prior to the 14th. That way the Court and the Probation Officer might want to give you another chance.
Anthony Marvin Avery's answer Yes if they have sufficient Evidence to present to the Court outside of what you verbally told the Officers. The Miranda Case only concerns Testimonial Evidence you give against yourself, not any other Evidence.
I have no idea what the Waiver is that you are talking about. That is not a Statute in Tennessee, but it might be a City/County Ordinance or a Local Court Rule. You should hire a competent attorney now.
Anthony Marvin Avery's answer It is doubtful you will be criminally charged for escape. But violation of your Probation or Supervised Release is very likely. I suggest you contact your Probation Officer immediately, because he will probably violate you anyway and you might as well explain it now. Your Lawyer might even contact him.
Anthony Marvin Avery's answer Yes, provided you comply with all other laws. The State AG has the opinion that Felons cannot own Muzzleloaders, but this is contrary to all Statutes and Caselaw. If someone was prosecuted for Possession of a Muzzleloader only (which is doubtful), The Courts would dismiss it if the defendant challenged it with a decent attorney. Contact the NRA to refer a competent attorney to you for a consultation on what you can and cannot have as a Felon.
Anthony Marvin Avery's answer You will want to file a Motion To Suppress as you could not give permission to search car. Hopefully you did not have the keys to the car or the room. The Government can argue constructive possession, but hopefully your prints were not on weapon nor ammo. Also hopefully there are no witnesses placing you with the weapon earlier. Finally I trust that you did not give permission for any type of search. Hire a competent attorney now, who must immediately research the Case and prepare Motions...
Anthony Marvin Avery's answer The normal answer is no. There is an ATF Regulation that sometimes grants ownership of a specific firearm, but it is almost never granted, and never upon a violent firearm criminal conviction. A competent NRA lawyer can advise you of your weapon options.
Anthony Marvin Avery's answer Rarely do cops charge Simple Possession. They and the DA's want Felony Charges. Either they think you are in business with the Co-Defendant or you were in constructive possession of all incriminating items. Hire a competent attorney now, and prepare for a good Preliminary Hearing.
Mr. Kent Thomas Jones Esq.'s answer This area of the law is very difficult and highly specialized. I would consult with a local employment discrimination attorney. He or she will know whether and how to position the case with the EEOC, the Tennessee Human Rights Commission or the Court system.
Don Himmelberg's answer I am a little confused about the exact status of your friends case, but a failure to appear is a felony in Tennessee, regardless of whether your friend knew about the court date or not. He needs to either get ahold of the court clerk or talk to a defense attorney - it is not unusual for a warrant to be issued in FTA cases
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.