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David Henry Veile
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David Veile’s Answers

101 total


  • What happens when charged with drug paraphernalia and theft of $16.75 when you are 18?

    was not arrest but was given a paper that states what happened and when my court date is, what's gonna happen and what should I do and will this be on my record forever and if so is there a way I can get it off

    David’s Answer

    If you were given a state misdemeanor citation and a court date, then you were arrested. Tennessee law allows people arrested for certain misdemeanor offenses to receive a citation rather than be taken to booking and forced to post bond. However, it is still considered an arrest. I regularly practice in Nashville criminal courts. The process in Nashville is set up so that when you go to court the first time, they will book you through by taking your mugshot and fingerprints before you report to the courtroom. Depending on your criminal history, it may be possible to resolve these cases in such a way as to keep them off of your permanent record. You should immediately contact an attorney familiar with Nashville criminal courts.

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  • Barhopping in Nashville was taken to booking, and release in 6 hrs no citation just a booking slip whats my next step? max pen?

    i was exiting a bar in nashville, charging my phone with an external power pack to call a taxi, an officer saw me and for safety concerns stopped me and cuffed me, i was abiding and taken to downtown county booking, i only was there for 6 hrs i d...

    David’s Answer

    If you were arrested for public intoxication, your charge may already have been dismissed. Nashville has an unusual procedure where a person who is arrested solely for public intoxication is usually held until they sober up, and then the charge is dismissed and they are released. You should contact a reputable attorney to discuss your situation and determine whether you need to return for court. Even if the charge was dismissed, you may wish to petition to have all public records of your arrest destroyed.

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  • Police officer claimed he had probable cause and entered my home. Is this a violation of my 4th amendment rights.

    Police officer was at my door looking for my room mates girlfriend who doesn't technically live here and claimed he had probable cause based on the smell of marijuana and entered my home after I opened the door all the way. The officers only found...

    David’s Answer

    The smell of marijuana might constitute probable cause for the officer to go seek a search warrant, but absent some other exigent circumstance, it's not enough for them to enter a home. You should speak with a reputable criminal defense attorney immediately.

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  • Pulled over/charged: simple poss. of schedule II and VI along with poss. of drug paraphernalia and alcohol. What are my options?

    Got pulled over for a tag light being out, and he said he could smell weed from outside my car and then continued to search and find all of the above. I am really just wondering if its worth it to pay for an attorney or to just take the charges..

    David’s Answer

    Ultimately you have to decide if it's worth it to you. But I strongly suggest that you contact a local attorney who practices in the county where you are charged. There may be ways to keep these charges off your record and keep you out of jail, but it would have to be handled correctly. If you want the best chance of not having to list these convictions on a job application 15 years from now, you need to contact a local attorney as soon as possible.

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  • Can State probation be violated after the expiration date?

    If an individual was on felony State probation, has completed the terms of probation and has passed the expiration date (status shows inactive on Felony Offender site), can they be charged with a probation violation for something that happened dur...

    David’s Answer

    If the probation has truly expired, then a probation violation warrant filed after the expiration should be void. However, probation is often extended for previous violations, failure to pay court costs, etc. You should have an attorney review the file to determine whether or not the probation period was over.

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  • I have a case that was retired in nov 2014 does that mean i was charged or convicted

    it was a case for domestic assault

    David’s Answer

    If you had a case that was retired, then you were charged but probably not convicted. In reality, there is nothing in the law called "retirement." It is a creation of the courts, prosecutors, and defense attorneys, wherein the parties agree to set a case aside for a period of time. There may be conditions, such as no new arrests, community service, etc, but the state agrees not to actively prosecute the case. The way it usually works is that as long as the conditions are fulfilled, then the case is dismissed after the retirement period is over. However, since there is no state statute about retirement, different counties handle it differently. In some counties, you have to come back to court on a set day to swear that you have fulfilled the conditions, and if you don't come, you can be charged with a separate crime of failing to appear in court. In other counties, you aren't require to come to court if you have filed proof of completing conditions with the clerk. In other counties, you may not have to show up or file anything, but the case will still show "retirement" unless you file a request for dismissal and expungment. So to answer your question - you should contact the attorney who assisted you with your case in 2014 and ask them to clarify exactly what you need to do to. IN any event, a retirement us usually a very good result for a criminal case, as it generally does not involve any admission or conviction.

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  • Will it be off my record?

    In 2013 I was charged with shoplifting. I was placed on a year of probation. I entered a diversion plea and my probation ends in a couple days on March 18th. They said with the diversion, it would be taken off my record. Well when I ask about it, ...

    David’s Answer

    Unfortunately, if you entered a plea under judicial diversion, it will cost $450 to expunge the charge. However, you only need to wait until the day your probation expires to file for expungment. Once the judge signs the order, the state has 90 days to fully expunge your record. It should not take another year.

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  • Hi.. im 23 years old and I fell in love with a girl and found out she is only 17.. can I still date her?

    we are both crazy about each other and will do anything to be with each other but I would like to be legal about it

    David’s Answer

    Until she is 18, you could have problems. Because she is 17 and you are more than 4 years older than she is, if you have sex, you could be charged with statutory rape- regardless of who initiated the contact. Because she is under 18, she does not have the legal ability to consent to have sex with you.
    If you are an "authority figure," meaning that you have some type of authority over her as boss, teacher, etc., then having sex could lead to statutory rape by an authority figure, and even kissing her on the lips (for sexual gratification) is a criminal offense if you are an authority figure.
    And regardless of whether or not you have sex, kiss, etc., if her parent(s) or guardian(s) want her to stay away from you, then you could be charged with contributing to the delinquency of a minor (or harboring a runaway if she runs away) if you assist her in disobeying her parents.

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  • What's going to happen in court?

    This was my first time shoplifting the items came up to 160, I told the truth they gave me a citation && let me go

    David’s Answer

    As stated in previous answers, you have been arrested and charged with a Class A misdemeanor. (Even though you were given a citation and released, it has the same legal effect as being arrested and taken to jail.)
    If you are a first offender, then there may be several options available to help you through this to minimize the risk of jail time or having a permanent criminal record involving a crime of dishonesty.
    I suggest that you immediately contact an attorney that regularly practices in the county where you are charged. (Different courts handle cases differently.) I practice throughout middle Tennessee and would be glad to discuss this with you.

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  • If you flatten your jail sentence do you still have to pay your court cost?

    i was sentenced to an 11/29 jail sentence, for a theft under 500, which i completed. Within a week of my release i received a letter saying my license had been suspended due to un paid court cost. i had always thought that if you flattened your se...

    David’s Answer

    I think I see where you are coming from with your question. Paying court costs is always a condition of probation, which means that if you are out on probation and don't pay the court costs, the court can find that you have violated probation and put you in jail on the probation violation. By flattening your sentence, you are no longer on probation, meaning that you cannot be violated or jailed for failure to pay the court costs. However, once the judge has assessed court costs, you still have to pay them, even if you flatten your sentence. It used to be that if you flattened your sentence and then didn't pay, the worst that would happen is that the clerk would send you to collection. However, our legislature made a new law a couple of years ago that says that anyone who fails to pay court costs in one year will have their driver license suspended. There are ways to ask that some of the costs waived or to be placed on a payment plan, which could let you get your license reinstated. You should contact the attorney that assisted you with the theft charge.

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