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Shane Kelvin McNeill
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Shane McNeill’s Answers

44 total


  • How much time can u get for criminal trespassing& assisting theft over 500$

    how much jail time can u get

    Shane’s Answer

    Lee is right, however, I'll add that "assisting" seems to imply the possibility that you're asking about an inchoate crime which will take it down a class from Class E felony to Class A misdemeanor punishable by 11 months 29 days.

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  • What would be the best source of legal action against a false accused copyright infringed instrumental?

    I use a website called SoundCloud to upload my own instrumentals for listening/downloadable purposes for various audiences to listen to. I was recently flagged and reported as "copyright infringement" on one of my tracks that I uploaded that conta...

    Shane’s Answer

    Doesn't sound like it has reached the level of needing a "legal route." Write a nice, professional letter to SoundCloud explaining that you are a musician and freely publish your music to their service. Express that you are, indeed, the creator of the music.

    SoundCloud may have their own policies on what they want from copyright holders to show legitimacy in the claim. Just provide them the requested documents and you should be fine to continue what you're doing. At the end of the day, if they continue to disagree with you, it's time to find a new service.

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  • Flooring contractor ruined hardwood floors. How should I proceed?

    I pulled up 1950s vinyl in my kitchen and unearthed wood floors. I hired a company to refinish the entire main floor of my house, including the kitchen, so the stain and finish would be consistent, about 1,400 sq. ft. After the floor was stained, ...

    Shane’s Answer

    Hard to say at this stage of the process because I don't know what the contractor is likely to do. It is possible they sue you for the balance owed which would be reasonable. Your defense would be to put on proof that they breached the contract by not meeting your expectations.

    This -could- be a pretty involved case. If possible, I'd have another contractor, maybe 2 or 3 of them, look at the floors and give an estimate on how much it would cost to repair them. Ask for a letter with the estimate and also an opinion on what happened that resulted in the dissatisfying floors. From there, approach the original contractor to reach an appropriate settlement. Get any agreement you do in writing, particularly if the settlement is less than the original contracted amount.

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  • Is it possible to get my probation violation warrant cancelled?

    Ok, so I picked up a new case while on probation. The main aspect of my new case is so bogus that my PO has given me months and months to get the case taken care of without violating me. I hired a new attorney because I have more faith in his abil...

    Shane’s Answer

    It was likely to get violated no matter what since the end of your probation period was approaching. The PO is simply doing his/her job. By issuing the violation, it keeps open the probation period. You must continue paying fees and reporting. Yes, it's a hassle but you just need to concentrate on the new case to get it favorably resolved.

    You must remember that the standard in a criminal case is proof beyond a reasonable doubt. In a probation violation hearing, it's a preponderance of the evidence - a much lower standard. That's why doing everything you can to resolve the criminal case first with a favorable result is in your best interest. The fact you "picked up a new case" indicates to me that an officer found probable cause which is barely less than a preponderance of the evidence. It's likely a judge will find that you violated probation, however, if you win your criminal case, it's likely the state will not proceed to prosecute the probation violation.

    But, as in almost every other probation violation, there are allegations that the defendant did not pay fees and did not report. None of the above matters if these allegations also appear on your warrant.

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  • What do I do?

    I turned 18 at the end of my junior year and I am planning on finishing highschool, my parents are divorced and my dad is disabled so my mom receives social security payments from the government as a support, because I turned 18 they stopped sendi...

    Shane’s Answer

    Attempt to contact the principal directly and, if that doesn't work, go to the Board of Education. Somebody will assist you eventually.

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  • Notice to quit on handicap and disabled family with a 2 yr old

    I've been renting my home for over a yr my landlord the second I handed him rent this month handed me what I would call a not legal notice to quit with him saying his wife is selling her house so they have to move in ours then was going into how h...

    Shane’s Answer

    More facts are probably needed to adequately answer this question. There likely is a statute somewhere that spells out the time of notice required but I am not familiar with anything at the moment. However, I'd suggest going back to the lease to see what it says. A good lease will give some guidance to the answer to this question.

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  • If you get a vehicle from a buy here pay here "as is" and issues occur shortly after, is there anything i can do?

    3 days after purchase the vehicle breaks down and the dealer fixes it to where it can run. I continue to let the dealer know there are still problems with the vehicle that needs to be addressed and so the dealer continues to assure they will fix i...

    Shane’s Answer

    There are some limited options to examine. You'd have a 3 day right to rescind the contract. There are some questions that I would have answered regarding the circumstances of the repair made by the dealer. At times, a dealer does just enough to get you past a warranty period or the right of rescission time period.

    But, for the most part, you bought the car "as is" and there won't be much you can do. It doesn't mean you don't have a claim. It's also important to look at your documents to determine whether there were any express or implied warranties. Furthermore, there are circumstances leading up to the sale that may sway decisions on whether you have a cause of action against the dealer.

    I'd recommend having a lawyer look into it. You're certainly welcome to contact me if you like.

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  • Am I leaving myself open to any possible charges such as: false advertising, theft, deception etc.?

    I have a vending buisness. My vending machines are placed with clients by the use of telemarketers. The strategy used by the telemarketers is to tell the potential client that the machine supports a charity. Since these telemarketers are independe...

    Shane’s Answer

    I feel like there is more to this story somewhere but I'll address what I can based on your facts and your question.

    False advertising prohibits any advertising that is untrue, deceptive, and/or misleading. It sounds like this situation is okay because it does, indeed, support a charity. If the client wants to know in what form it supports, you simply have to be truthful about it and it sounds like you are.

    As for theft, you can see TCA 39-14-103 which states, "A person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent." Doesn't appear your facts even get close to a charge of theft since there isn't an owner that is being deprived.

    Hope that helps!

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  • Red Light Violation at Kingston Pike & Montvue Road, Knoxville,TN

    Recently I got notice of violation/citation from Knoxville Red Light Photo Enforcement Program violation of 17-210 (c) (1) failure to stop at a Red Light. I had paid $50.00 as Civil Penalty Fine on time (same day when I got the notice letter)...

    Shane’s Answer

    I'm not aware of any impact it will have on your car insurance but your insurance company could answer that question for you. The ticket will very likely put points on your license by the Department of Safety. So long as you don't have 12 points in a year, you should be fine. 12 points subjects your license to suspension. Some charges will add 8 points! You can find this information on the web.

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  • How do I go about reopening my business?

    i closed down my online home decor shop in 2013 due to major troubles with my health. I was wondering, how do I go about opening it back up? Can I open back up under the same name? Do I have to redo license as if it's a brand new business?

    Shane’s Answer

    You probably will have the same name available. There are a lot of factors such as whether someone else has registered that name (and you didn't have it previously registered), whether the name is trademarked, etc. Most likely, you can use the same name. Depending on the business structure, you will need a new business license from your city and county and possibly a registration with the Secretary of State. If you were already in business for a while, you probably know a lot of the steps already. Just make the appropriate phone calls to the entities who issue the licenses and see what they have to say. At the least, they can get you started before you spend money on hiring representation.

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