Shane Kelvin McNeill’s Answers

Shane Kelvin McNeill

Thompsons Station Criminal Defense Attorney.

Contributor Level 6
  1. I want to determine what the insurance adjuster is offering is low ball or not. My daughter was in 2 car accidents within 2 day

    Answered about 2 years ago.

    1. Stephen Boyd
    2. C Steven Moskos
    3. Nathan Zale Dowlen
    4. Shane Kelvin McNeill
    5. David Weissman
    6. ···
    6 lawyer answers

    Almost guaranteed that the adjuster is giving a low settlement offer, however, you have a complex case since it involves two accidents. These are extremely difficult cases from the standpoint that you must be careful on settling one before the other. Once settled, you don't get a second chance and the other adjuster will dispute your claims by blaming it on the other accident. I'm happy to discuss this further with you if you like. Certainly not a DIY case.

    1 lawyer agreed with this answer

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  2. How likely is it the judge will refuse my plea bargain tomorrow?

    Answered over 1 year ago.

    1. Shane Kelvin McNeill
    2. David Lynn Robbins
    3. William Kevin Hodges
    4. Anthony Michael Solis
    4 lawyer answers

    It's unlikely that a judge will deny a plea agreement but it is possible. If he rejects the plea agreement, the terms used in the paperwork become very relevant. In most paperwork I've seen, the state "recommends" a sentence. That, in theory, gives latitude to the judge in imposing his own sentence. An agreement as to the sentencing does not give a judge the same latitude and it is against the rules for a judge to interject himself in plea negotiations.

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  3. I have been arrested for contempt of court and i havent been to court yet. what can i do.

    Answered over 1 year ago.

    1. Shane Kelvin McNeill
    2. Patrick Mathisen Brooks
    2 lawyer answers

    Sounds like a lot going on. Hiring an attorney is definitely the best thing for you to do. At a minimum, never trust anyone telling you about court dates unless you get it from the clerk's office yourself! That said, go visit the clerk's office or, at least, call them to find out your court schedule. Be sure to go to each clerk's office where you have charges pending. This could mean both General Sessions and Circuit Courts in each county where charges may exist. Good luck!

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  4. I was charged with theft in 1994 my 1st offense and I was offered diversion. I did everything that was asked during this time.

    Answered over 1 year ago.

    1. Shane Kelvin McNeill
    2. Claiborne Hambrick Ferguson
    2 lawyer answers

    Hard to say exactly what the steps would be for a charge this old. To get started, however, I'd contact the clerk's office in the county where you entered a plea to the charge. They should have a file showing you plead with diversion and, if successful, you can ask to have that expunged. I'm not totally certain about the fees for having this done but I think here in Williamson County (at least), it is about $450., You may have additional steps to take but the clerk's office is where I'd start.

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  5. I had an accident and it was the other driver's fault but at that time I had no insurance ..... What will happen....

    Answered over 2 years ago.

    1. Shane Kelvin McNeill
    2. Nathan Zale Dowlen
    3. Steven Mark Sweat
    3 lawyer answers

    No telling on the length of the investigation. Could be months. If they pursue a personal injury claim, there is a one year statute of limitation. As for the lack of insurance, see TCA § 55-12-139 (c) It is an offense to fail to provide evidence of financial responsibility pursuant to this section. Any violation is a Class C misdemeanor punishable only by a fine of not more than one hundred dollars ($100). You're also likely to have your license suspended or revoked and you will need...

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  6. First dui in Tn

    Answered over 2 years ago.

    1. Shane Kelvin McNeill
    2. William Alton Young Jr.
    3. Jason Wade Barnette
    3 lawyer answers

    Minimum jail time is prescribed by law so if you plead guilty or are convicted, it's statutory. Courts are sometimes willing to work with the time being served on weekends. Get familiar with the statute I copied below. It appears that you are looking at serving a minimum of 7 days along with a fine just for the DUI. TCA § 55-10-403. Fines and penalties; treatment programs; indigent persons; probation; restricted licenses; forfeitures (a)(1)(A)(i) Any person violating § 55-10-401...

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  7. I am currently paying 400.00 monthly in spousal support. I am know bringing in $1100.00 monthly,, verses $3800.00 monththly

    Answered over 2 years ago.

    1. Shane Kelvin McNeill
    1 lawyer answer

    The answer to your question is fact-dependent. The information below is what is considered in modifying alimony. • Types that are modifiable: ○ Alimony in futuro ○ Rehabilitative alimony • Types that are NOT modifiable: ○ Alimony in solido ○ Transitional alimony § Unless the judge makes transitional alimony modifiable in the final decree. § If called transitional alimony and there is no contingency, it is non-modifiable. • Must be a substantial and material change in...

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  8. How do I legally get sole custody or court ordered child support?

    Answered over 2 years ago.

    1. Shane Kelvin McNeill
    2. Peggy Margaret Raddatz
    2 lawyer answers

    There is a lot of variables that factor into this. If it has been a long period of time since you guys split up, the likelihood of you getting what you're looking for is high. Getting child support is probably not a problem unless he simply doesn't have the money and it sounds like he may not. Getting sole custody is much more involved and is VERY fact dependent on your situation. There is no substitute for hiring an attorney for these issues. So to answer your question succinctly, you'...

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  9. Me an my husband have been living in separate homes for 2 months are we considered separated?

    Answered over 2 years ago.

    1. Shane Kelvin McNeill
    2. Peggy Margaret Raddatz
    2 lawyer answers

    You and him may be separated in your eyes but, legally, you're not unless there is a legal separation filed through the court. Depends on your circumstances but it would be hard to come up with a good reason to only get a separation and not a divorce. As for dating, you must remember you are still married and your position through a divorce proceeding will vary accordingly. It mostly will hinge on whether you qualify for alimony. If you are guilty of adultery or inappropriate marital...

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  10. I llve in TN, an "at will" State, I was let go this afternoon after working 2 hours of my shift.

    Answered over 2 years ago.

    1. Shane Kelvin McNeill
    2. Marilynn Mika Spencer
    3. Jason Wade Barnette
    3 lawyer answers

    I agree with the previous answers but, in reality, it would be very difficult and time consuming to prove a discrimination claim. I'm not saying dismiss that option but just realize the uphill battle you may be facing. Your actual question isn't clear but if you're asking what you should do (besides a potential discrimination claim), you should file unemployment and see if you have success there. You may find yourself appealing a denial of benefits but that hurdle is much easier to jump...

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