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Shane Kelvin McNeill
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Shane McNeill’s Answers

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  • Does my boyfriend have 3 violations now? What type of sentence do you think he'll receive?

    My boyfriend has an original charge of statutory, but he doesn't have to register. He did 5 months in jail and got 18 months probation. He served 7 months and they violated him for failure to appear, because he left state to go be with his kids. T...

    Shane’s Answer

    Most likely, these would be wrapped up into one violation. If one violation is adjudicated and he violates again, then that would be a second violation. As for sentencing, it widely varies and heavily depends on the circumstances. It sounds like this is his second violation if he originally served 5 months and then did 7 months. I usually tell clients they're going to serve sentence unless they come up with a REALLY good reason why they shouldn't have to. Serving sentence in your boyfriend's case is probably his best option since he already has a lot of time built up on it. Doesn't sound like he's a great probationer and the last thing he needs is an extension of probation.

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  • What substances do the probation officers test for and what happens in a home visit? Will there be a drug test in the home visit

    On misdemeanor state 11-29 probation in Davidson county tn for theft of property but do have a simple possession of controlled substance past charge

    Shane’s Answer

    Probation tests for controlled substances as answered previously. THC, opiates, cocaine, etc.

    As for a home visit, I haven't seen many things come up from a home visit. I am aware of a drug test being given at a home visit but it wasn't a probation case. Usually, a drug test would be given in a more controlled place such as the probation office.

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  • What's the sentencing for 1st violation in state probationing? Can disorderly conduct violate my states probate?

    I am on states probation for theft over 1000.....well having two years left I recently got charged with disorderly conduct because the neighbors called the law. Me n my ex were arguing n they made her leave....Well later that evening we were both ...

    Shane’s Answer

    The sentencing is dependent on the jurisdiction that you're in. As for the violation, it sounds like you violated probation. Well.... at least you'll get a violation served against you. There are several rules of probation that are not pleasant and one of them is to report any arrests to your probation officer. Review the rules and make sure you are complying in EVERY WAY. Always report. Always pay something toward your costs and fees. And show up to court. Oh yes... don't forget to show up to court.

    An attorney will help guide you through the process. The big hurdle you have here is that a criminal charge has a "proof beyond a reasonable doubt" standard while a probation violation is "a preponderance of the evidence" - a much lower standard. Make sure you understand all of this as you proceed through with your case. Your attorney will help you achieve a positive outcome.

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  • Working security at a club. Would I be liable if my partner/co-security guard uses excessive force

    One of the security guards on my team is a hot head. So far things are ok but what if both of us are subduing an out of control patron and he overdoes it and uses excessive force. Would I be liable.

    Shane’s Answer

    As my very first instructor in law school (also a Supreme Court justice) said nearly every day in class.... "Maybe, maybe not." Easiest advice here is to stay away. The phrase, "Guilt by association" should ring a bell here.

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  • Would my criminal past show up on a background check or inhibit me from professional licensing even though it was so long ago?

    I am in the process of switching jobs that will result in obtaining a professional license. I previously completed a pretrial diversion for misdemeanor larceny in 2004. I never had the case expunged after it was dismissed for completion of the div...

    Shane’s Answer

    Get it expunged!!! I think it's a $450 fee now but it's worth every bit of it.

    As for professional licensing, you're probably going to be just fine. Report you were arrested and then the charge was dismissed. They can inquire as to further details if they want. I am aware of a case in Oklahoma where someone is applying for a nursing license. They asked for court records from 3 jurisdictions. The charges were so long ago that the court clerks simply don't have any documents now showing that all charges (with exception of one disorderly conduct) were dismissed/dropped/set aside/etc. They, so far, have refused the license but the matter is still pending.

    In other words, do what you should have already done and get the charge expunged.

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  • What is a realistic outcome that I can expect in TN?

    Hello, I am looking for advice on expectations of property/alimony settlement in my divorce case. Facts: - 6 months of marriage. - I earn double what she does. - After our marriage date, I sold my premarital residence and bought...

    Shane’s Answer

    • Selected as best answer

    Alimony to spouse is unlikely due to short marriage and the facts that you've laid out. The rest of it is up for argument and there are many details that could be considered for the final outcome. It sounds like your premarital property was kept separate and can be accounted for which will likely result in it remaining yours entirely. But, again, there are many factors and the details need to be carefully considered.

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  • Can he really claim racism if he has violated a signed code of conduct for employment,on several counts, regardless of race??

    Employee is excessively late. Calls in 2 hours after scheduled shift. Uses drugs and has been seen by another employee selling drugs in the parking lot. No drug test has been issued. Employers are afraid to fire him in fear of employee claiming ra...

    Shane’s Answer

    You have two questions here. One, is why an employer is so afraid to fire someone. I couldn't tell you that because I'm not the employer. The employer can, however, fire an employee for virtually any reason unless they are under contract for some reason (which doesn't sound like the case here).

    Your second question is whether the employee can claim racism. Sure. Him proving it is a different story. If he's violated the policies of the company and the company is aware of those violations, they most certainly can terminate the employee's employment. There are considerations before doing so but situations that avoid a termination are rare and usually extreme.

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  • Average time between arrest and indictment(grand jury)

    What would you say the average time between a felony arrest and indictment. I know this is a broad question but let's say the case has already been handed over to the DA after arrest, they have all the evidence they're able to get and the case ...

    Shane’s Answer

    The previous answer is consistent with my experience in other counties outside of Shelby. You never know. Most of the time, the case progresses without much delay but there are situations that cause the case to not go to the Grand Jury on a short schedule. These cases may be because the district attorney has to gather witnesses or maybe there are co-defendants in the case that have not yet been arrested.

    In your scenario 2..... well, it just doesn't matter. They just need enough to get "probable cause."

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  • Is driving on a simple expired drivers license an arrestable offense in Tennessee or citation? If so, is it a mandatory arrest?

    For background purposes. It would be a 1st time offense - no past suspensions, or dui's or any other traffic violations

    Shane’s Answer

    No such thing as "simple" expired driver license. No, it's not a mandatory arrest but it often leads to an arrest. An officer will ordinarily arrest someone if the offense is or is likely to continue. If you're the only person in the vehicle, an arrest is likely unless the officer is willing to wait for someone to pick you up. If you have another driver, that will usually save you from an arrest. Ultimately, it's simply the officer's discretion.

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  • Felony or misdemeanor

    Was charged with a simple possession or casual exchange misdemeanor. Went to court and was ordered to complete 12 hrs drug classes. I was unable to finish the classes and subsequently unable to attend the court review. I am outside of the country ...

    Shane’s Answer

    A failure to appear in court for a Class A misdemeanor is a Class E felony (which is your case here). ALWAYS ALWAYS ALWAYS appear in court as ordered and never miss reporting to a probation officer.

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