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Tennessee Criminal Law Questions & Answers
Q: Will dismissal of order of protection affect related charges in TN?
I have a court date on 7/8/2025 related to an order of protection that has now been dismissed. Initially, I was falsely accused of pulling a knife and hitting a car, resulting in a GPS monitor I am currently wearing due to an aggravated assault charge. Both parties involved were charged with... View More 
Michael R. Stooksbury
answered on Jul 1, 2025
answered on Jul 1, 2025
The criminal charge and the OP are two separate actions. They do not directly affect each other. A dismissal in the OP, however, can still be useful. If it was dismissed as the result of a trial, the credibility of your accuser could be questioned. In turn, this fact could be used by your attorney... View More
Q: Rights of a beneficiary to question an executor's actions when wire fraud is involved.
I am a beneficiary of my late mother's will and have concerns about the actions of the executor regarding her financial matters. There is already an allegation of wire fraud against the executor, and I have documentation showing money being transferred from my mother's money market... View More
Michael R. Stooksbury
answered on Jun 27, 2025
answered on Jun 27, 2025
The Executor has a fiduciary obligation to the beneficiaries listed in your mother's Will. Breaching that obligation is grounds for removal as Executor, which, as a beneficiary, you have the power to move the Court to take that action. Additionally, you may have a claim against the Executor... View More
Q: What are the chances of serving time for a vandalism case?
In 2023, a former friend of mine was released on a $4,000 bond for a vandalism and property damage case in Sevier County, TN. They evaded police but haven’t been arrested since, and they didn’t have a criminal past when I last knew them. Given these circumstances, what are the chances they... View More
Michael R. Stooksbury
answered on Jun 25, 2025
answered on Jun 25, 2025
I think the chances are very likely. In a traffic stop, rolling roadblock, or for any other reason an officer wants to, virtually any officer will have the ability to see if your ex-friend has active warrants, and will detain them. Then, they will likely be held without bond, and will have a new... View More
Q: Am I looking at jail time for shoplifting a $6 spice bottle misdemeanor charge in Tennessee?
I was stopped in a Target for shoplifting a $6 spice bottle. They told me they have caught me on camera doing this before. The police were called, and I received a citation for shoplifting the spice bottle, with the charge noted as a misdemeanor. This is the first time I have been in trouble with... View More
Kent Thomas Jones
answered on Jun 19, 2025
answered on Jun 19, 2025
The answer to your question is it depends. You first indicate that you have have had no other confrontation with the law than a speeding ticket. Then, you stated that you had past shoplifting incidents. Which was it? If there were no previous shoplifting incidents, then you would probably get a... View More
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Divorce, Contracts, Criminal Law, Civil Litigation, Personal Injury and Family Law
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Q: Forged signature and mortgage by husband in Tamil Nadu; repayment required?
I am a Muslim woman married for 23 years, with a 21-year-old son. My relationship with my husband has deteriorated in recent years, and divorce is one option I'm considering. My husband has forged my signature on stamp papers to mortgage my property. Initially, I signed for a loan of 5 lakhs,... View More
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Stephen Bilkis
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answered on Jun 19, 2025
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answered on Jun 19, 2025
It is deeply concerning to learn that your signature may have been forged to take out a mortgage in your name without your knowledge or consent. Under New York law, forged signatures on financial documents, including mortgage agreements, are considered legally invalid. A mortgage agreement must be... View More
Q: Is speeding justified in a life-or-death emergency situation?
In a situation where I had to drive my elderly grandpa to the hospital because he was about to die, is there any case evidence or legal precedent that allows speeding in such a life-or-death emergency? I have heard that calling the police during an emergency might make it okay to speed. My grandpa... View More
Kent Thomas Jones
answered on Jun 10, 2025
answered on Jun 10, 2025
No. In the State of Tennessee, speeding is only justified for appropriate vehicles, such as a certified ambulance and someone with a proper license.
Speeding is not justified for a doctor or a nurse case manager.
However, speeding in an emergency may be considered a mitigating... View More
Q: Facing assault charges despite self-defense and misleading police report.
I've been charged with assault (Class D) after defending myself from an attacker at my home. The police report alleges that I stabbed him due to losing the fight, but there are inaccuracies, and I believe I'm being railroaded as the attacker might be a police informant. I provided my... View More
Kent Thomas Jones
answered on Jun 5, 2025
answered on Jun 5, 2025
There are many variables in your case that could make it either difficult or easy. On your side, you do have the fact that you were stricken by the bar. It does not help that the police report did not include that. You will have to get that in with witness testimony and certified records. Are... View More
Q: How can I address burn permit and reckless burning charges in court?
I started a brushfire that accidentally damaged two of my neighbor’s trees, resulting in charges for not having a burn permit and reckless burning. My neighbor called the authorities, and I am now in court. I plan to replace the damaged trees and would prefer to perform community service instead... View More
Kent Thomas Jones
answered on May 21, 2025
answered on May 21, 2025
You have the right to an attorney. You have the right to not say anything incriminating against yourself. You just came on a public website, which is not good. You should wait for the hearing. At the preliminary hearing, the standard is Probable Cause. That is very easy for the District... View More
Q: Do I need separate attorneys for a probation violation and custody battle?
I am facing a probation violation on a shoplifting charge in the same county where my custody battle is happening. I want both matters resolved as soon as possible. Given these circumstances, do I need to hire separate attorneys for each case, or can a single attorney handle both?
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Anthony M. Avery
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answered on May 24, 2025
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answered on May 24, 2025
Those are two very different legal issues. The probation violation will probably be one hearing, and you either go to jail or not. The custody case will usually be lengthy, unless you come to a quick agreement with the other party. They are very different issues, so it would be better to... View More
Q: Can't receive discovery documents after guilty plea in TN case.
I was charged and pled guilty to a criminal case in Tennessee in August 2020. Since then, I have tried to obtain my discovery documents. Despite contacting my lawyer multiple times, I have not received any paperwork, and the state hasn't provided anything either. What can I do to obtain my... View More
Kent Thomas Jones
answered on May 14, 2025
answered on May 14, 2025
With respect to your attorney, your file is your property, and you should be able to receive it from him/her upon request. If you are having trouble obtaining your file, you can contact the Tennessee Board of Professional Responsibility.
As far as receiving your file materials from the... View More
Q: Does a s** offender in Tennessee need permission to leave the state or inform Virginia before entering for work?
I want to know if a s** offender in Tennessee on active parole requires permission to leave the state. Additionally, does the offender have to use his legal name when advertising his business, which involves custom-built computers, laptops, upgrades, and gaming PCs? There is no indication in the... View More
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Anthony M. Avery
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answered on May 12, 2025
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answered on May 12, 2025
Sex offender needs to talk to his attorney and read his Judgment of Conviction. There will be several requirements and the Tennessee Statutes include many others. Violation means imprisonment. Do not act without doing this or you will be violated and serve a good portion of your Sentence... View More
Q: Can I pursue charges for a hit and run in Tennessee without filing an insurance claim?
My vehicle was involved in a hit and run with no injuries and minor damages. We reported the incident to the police, and there is an eyewitness who can identify the other driver. We do not wish to file a claim with our insurance because we are concerned that our rates would increase. Can we pursue... View More
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Anthony M. Avery
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answered on May 7, 2025
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answered on May 7, 2025
You do not have to make a claim on your policy. But expect any future claim on the incident to be denied or even the policy cancelled. Later on your insurance will find out about the incident due to any reports given to the DOS, so a rate increase is very possible. Apparently LEOs are not... View More
Q: Steps to prosecute someone who scammed me in Tennessee.
I believe I have been scammed by an individual who claimed to be handling a "high court" case for me. I paid him $2,000-$3,000, and he promised that the court ordered the reps to pay me $6,500, which has not happened. He now claims the money was sent via JPay, but I have not received it.... View More
Kent Thomas Jones
answered on Apr 26, 2025
answered on Apr 26, 2025
I would think that your biggest problem will be finding him. You have some options. You can file a report of theft with the local police department. You can file a civil action. You can go to regulatory agencies. A civil action will cost you a filing fee. In any of the situations, you are... View More
Q: Charged with aggravated assault after disagreement with fiancé's mother.
My fiancé and I got into a verbal disagreement. Her mother threatened me with a gun and pulled a knife. I grabbed a knife, scraped them together, and threw them down. Now I’m charged with two counts of aggravated assault, despite not threatening or advancing. There were no witnesses, just us... View More
Kent Thomas Jones
answered on Apr 17, 2025
answered on Apr 17, 2025
Yes. Regardless of what you did with the knives, they will be considered a deadly weapon. There is nothing that can stop the State from charging you with asault. The lack of witnesses can work both ways. Essentially, it is a "he said, she said" situation.
I think that your... View More
Q: Inquiry about indictment for sale/delivery of drugs, school zone charges, ineffective counsel, and financial assistance for legal fees in TN.
I have been indicted for the sale and delivery of a Schedule II substance and two school zone charges, though I believe I am innocent. An informant entered my home without a warrant and recorded me without my knowledge, during which drugs were sold by someone else. Despite the dealer admitting in a... View More
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Anthony M. Avery
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answered on Mar 28, 2025
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answered on Mar 28, 2025
You need to hire an attorney now. Keep calling criminal lawyers until you can find one that will accept your payment plan. In the meantime work at least one job or more. Get a new phone number, avoid the persons you have been dealing with and stay out of trouble. That will be a case for a... View More
Q: Can an address violate TCA Section 39-17-417?
How can a physical address be mentioned as being in possession of or violating laws related to controlled substances, according to TCA Section 39-17-417, when referring to a warrant?
Carla Grebert
answered on Mar 22, 2025
answered on Mar 22, 2025
It is likely that the address is included to establish jurisdiction.
For a case to be brought within a certain county, the offense must have occurred within the county. Jurisdiction is one of the things that the state has to prove in the case against you. So, the address would show that... View More
Q: In Tennessee, how long can a store press theft charges under $500?
In Tennessee, how long can a store go back and press charges for theft if the charge is under $500? On April 22, I was arrested for an incident at Walmart involving items that were mis-scanned, totaling $242. This charge occurred before a previous charge for which I was not arrested but received a... View More
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Anthony M. Avery
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answered on Mar 20, 2025
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answered on Mar 20, 2025
Misdemeanors must be initiated within 1 year of the incident. Getting a Citation is irrelevant, you are still charged the same but do not go to jail immediately. I recommend that you do not self scan anymore, so go to cash register. Hire a competent attorney to represent you now. Try to get... View More
Q: Was my roadside stop in Tennessee legally handled considering the charges and behavior?
On November 16, 2023, I was pulled over in McMinnville, Warren County, Tennessee, allegedly because a 911 call claimed my white vehicle was running people off the road. However, the arrest warrant stated the reason was officers allegedly witnessing me cross the double yellow line. During the stop,... View More
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Anthony M. Avery
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answered on Mar 18, 2025
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answered on Mar 18, 2025
It does not sound like an illegal stop. However you will need to hire a competent attorney to file a motion to suppress evidence due to potential illegality of the stop, detention, arrest and search. I would guess they were careful with you. Get a new phone and number, and work without... View More
Q: Statute of limitations for unaware shoplifting citation in TN
I recently found out that I was issued a citation for shoplifting in Tennessee that supposedly occurred in March 2024. I only became aware of the citation today and have not had any contact with law enforcement or received any communication about it since I don't live in Tennessee. Is there a... View More
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Anthony M. Avery
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answered on Mar 4, 2025
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answered on Mar 4, 2025
That is probably a misdemeanor citation for theft of property, but could be something else. Since the Citation was issued initiating the prosecution for a crime, it is timely unless not issued until March 1 or 2, 2025. Hire a TN attorney to turn you in off the docket, get it diverted and make... View More
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Appeals / Appellate Law, Constitutional Law, Criminal Law and Immigration Law
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Q: Can I appeal my criminal case for wrong last name on arrest warrant and ineffective counsel?
I was arrested and had my home searched under an arrest warrant that used my family's last name, which is different from my legal last name. My lawyer did not inform the court about this discrepancy and suggested I take a plea deal, which I accepted. Due to this, I received a shorter sentence,... View More
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Anthony M. Avery
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answered on Feb 27, 2025
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answered on Feb 27, 2025
If you pled guilty it is almost impossible to set aside the conviction. Even if you did, you would have your indictment amended while you were in jail, then tried again for the charge. You can hire a lawyer to file a postconviction petition, but you will probably be deported before the... View More
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