Tennessee Criminal Defense Legal Questions

Someone can say anything that they want. I presume that what you are asking is can they prosecute you nine years after the events allegedly occurred. Since you did not say what state the alleged events occurred, I am assuming that they occurred in Tennessee. You also did not state what it is that you are alleged to have done to your sister, which would make a difference.  Depending on the allegation and the crime which it is alleged that you committed, it could be from 2 years (E felony) to 15 years (A felony).  ... Read More

Tenn. Code Ann. § 39-13-512 defines "Prostitution" as engaging in, or offering to engage in, sexual activity as a business or being an inmate in a house of prostitution or loitering in a public place for the purpose of being hired to engage in sexual activity  and "Sexual activity" means any sexual relations including homosexual sexual relations. You can judge for yourself if the situations you describe constitute "prostitution".... Read More

There is no set rule as to what will happen with the phone. It will be kept until the case is concluded. Once the case is concluded, depending on how it was used as evidence, it will be returned to the owner. In other cases, such as where the phone contained child pornography, the government might want the phone forfeited. The disposition of the phone is usually worked out as part of the plea agreement.... Read More

You go to court and explain that it was your boyfriend who was using your car when he took the property. You need to get proof that you were at work at the time. They should dismiss the charges against you although it will result in charges being filed against your boyfriend. You might want to consider dumping your boyfriend.... Read More

Yes it is illegal to possess both marijuana and THC or any synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity. See Tenn. Code Ann. § 39-17-415. As to the second question of whether it is a plant if it has no roots, I am a lawyer not a botanist.  ... Read More

Both the United States and Tennessee Constitutions guarantee criminal defendants the right to a speedy trial. U.S. Const. amend VI; Tenn. Const. art. I, § 9. A right to a speedy trial is also statutory in Tennessee. T.C.A. § 40-14-101. Tenn. Rule of Criminal Procedure 48 provides that the trial court may dismiss an indictment, presentment, information, or complaint if unnecessary delay occurs in bring a defendant to trial.  However, whether it would be applicable to your case I can not answer because each case is different and depends upon the facts as to why the case has not been taken to trial after 2.5 years. You should consult your attorney as to why it has taken so long. ... Read More

You need to go to court and advise the judge that you can not afford an attorney and he will appoint one for you. With an attorney you can possibly get diversion (probation with expungement) with the worse that will happen you will get probation. Ask your court appointed attorney what diversion is and (s)he will explain it to you.... Read More

I am not qualified to answer the question of what is adequate discipline by a university for the assault or the disciplinary process, that is totally up to the university. Yes you can take criminal charges out against her for assault and you can seek an order of protection if you wish to.... Read More

Obviously no! If you do not show up in court, a warrant for your arrest will be taken out against you. You know you have a court date, which you acknowledged that you received when you posted bond. As such, you have been given notice of your required appearance in court. Plus, you have a contract with the bondsman to appear in court as notified. Additionally, you are now required to defend yourself against the charge.... Read More

Was the SRO and DA advised that your son obtained the pictures from the boyfriend's telephone? Once they are put on notice that the pictures were obtained from the boyfriends phone, it is up to the DA to decide who they chose to prosecute. However, if they chose to only prosecute your son and not the boyfriends, this raises an issue of credibility with the DA. Having said that, you son is still responsible for his actions.... Read More

A Domestic Assault charge can be 'dropped' or dismissed by one of several different ways. The same, basically, applies to any misdemeanor charge and some felony charges. One way for the charge to be dismissed is if the State chooses to not pursue the charge. The second way is if the State agrees to allow you to perform some type of alternative class or service in exchange for the charge being dismissed. The third way would be if the charge was tried before the judge in General Sessions Court, or tried before a jury or a judge in Circuit/Criminal Court, and the trial results in a finding of 'Not Guilty'. The fourth way is through a plea bargain where you would be placed on expungable probation with the understanding that if you successfully completed the probation, the charge would be dismissed.... Read More