Tennessee Federal Crimes Questions & Answers
Q: I am confused on excessive force and unlawful search and seizure how does it constitute response to resistance only?
1 Answer
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Civil Rights, Constitutional Law, Criminal Law and Federal Crimes
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Tennessee
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Answered on Apr 15, 2019
Answered on Apr 15, 2019
Anthony Marvin Avery's answer
You may have a Government Tort Liability Action against the City/County and the Law Enforcement Agency. Contact a competent attorney to file suit, which is not a Jury Trial. However you may not have enough damages nor evidence. You have less than 1 year to build your Case and find an attorney.
You may have a Government Tort Liability Action against the City/County and the Law Enforcement Agency. Contact a competent attorney to file suit, which is not a Jury Trial. However you may not have enough damages nor evidence. You have less than 1 year to build your Case and find an attorney.
Q: I have a conspiracy charge that put me on County Probation of 11months 29 days in Janurary of 2018 due to the court
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.
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.
Q: if I'm arrested and not read my miranda rights can the court still convict me?
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.
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.
Q: Can a person on probation who is court ordered to a sober living house be charged with escape if he is asked to leave?
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.
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.
Q: What about if someone has a dui and 2 vehicular assault charges all at once
2 Answers
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Criminal Law, DUI / DWI and Federal Crimes
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Tennessee
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Answered on Dec 9, 2018
Answered on Dec 9, 2018
Cayley Turrin's answer
Those are very serious charges. If they do not have an attorney then they will need to hire one immediately.
Those are very serious charges. If they do not have an attorney then they will need to hire one immediately.
Q: Is it legal for a felon in the state of tn to own and hunt with a air rifle?
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.
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.
Q: my wife was raped by her brother when she was 12 he was 18 she is now 26 can we do anything she just told me about it.
1 Answer
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Criminal Law, Family Law, Federal Crimes and Sexual Harassment
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Tennessee
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Answered on Nov 28, 2018
Answered on Nov 28, 2018
Q: Can I be charged with possession and concealed carry? If neither were within reach.
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...
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...
Q: My b/f turned18 this year, I’m16. We been dating for about a year. Our parents allow us. Can he get in trouble
1 Answer
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Criminal Law, Federal Crimes, Gov & Administrative Law and Juvenile Law
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Tennessee
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Answered on Nov 1, 2018
Answered on Nov 1, 2018
Anthony Marvin Avery's answer
Yes he can be prosecuted. Somebody will get jealous or mad, and will then turn him in. You will be pressured by the authorities.
Yes he can be prosecuted. Somebody will get jealous or mad, and will then turn him in. You will be pressured by the authorities.
Q: I was convicted of a bank robbery in 2005, I would like to know is there anyway to get my gun rights back even though
1 Answer
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Civil Litigation, Criminal Law and Federal Crimes
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Tennessee
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Answered on Oct 23, 2018
Answered on Oct 23, 2018
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.
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.
Q: Research for mock trial: is there any law stating one cannot park a vehicle on the side of a highway if it can move?
Gary Kollin's answer
Isn't this a violation of the Honor Code? Aren't you supposed to do your own research?
Isn't this a violation of the Honor Code? Aren't you supposed to do your own research?
Q: I am charged with manufacture, delivery, resale of methamphetamine for 3.5 grams belonging to anther co defendant. How?
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.
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.
Q: If you feel your constitutional rights have been violated by US Marshall how to put the complaint to internal affairs.
1 Answer
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in
Civil Rights, Constitutional Law, Criminal Law and Federal Crimes
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Tennessee
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Answered on Jun 25, 2018
Answered on Jun 25, 2018
Gary Kollin's answer
Before you do anything, consult with your lawyer. Remember anything you say (or write) can be used against you
Before you do anything, consult with your lawyer. Remember anything you say (or write) can be used against you
Q: How to go about sexual harrasment at work, charges?
1 Answer
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in
Employment Law, Federal Crimes and Sexual Harassment
for
Tennessee
on
Answered on Jun 21, 2018
Answered on Jun 21, 2018
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.
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.
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