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James Robin McKinney Jr
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James McKinney’s Answers

269 total


  • Can I be convicted for shoplifting, if I was with someone that was shoplifting?

    My daughters boyfriend and I were grocery shopping and at the self check-out he stuck some groceries that I didn't pay for in my bags of paid for groceries. You can clearly see on the surveillance tape that I didn't put anything in the bags. We we...

    James’s Answer

    It is possible to be convicted of shoplifting under the facts you presented. Under Tennessee law, you could be found guilty under the theory of criminal responsibility. Criminal responsibility is a concept that if one aids,directs,or solicits another to committ a crime, you could be found guilty of the same offense.

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  • I got a BUI on kentucky lake yesterday., in Henry County Tn

    First time for anything like this, Scared. I have arraignment in two days, Can I plead guilty at that point. I am wrong. I just want to take what's comming.

    James’s Answer

    Yes you can plead guilty at the first court date. You might want to reconsider that choice. Under Tennesse law , a boating under the influence charge is eligible for a special type of probation that would allow you to expunge the charge from your record . The only condition is you must not have any prior convictions.

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  • How long can someone be held in jail without bond for 3rd DUI in Tennessee without arraignment? They were driving impaired

    They refused to take a blood test and failed their field test.

    James’s Answer

    Everyone arrested in Tennessee is entitled to a bail bond. There is one exception. A capital offense is not entitled to a bail bond. A capital offense is a murder case where the the state is seeking the death penalty.

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  • Can i be 3 hrs late for court?

    i got a citation for simple poss and the judge gave me 8 hrs community service wk/my court date is in the morning and i only have half of it done.i can do the remaining 4 hrs in the morn but will cause me to be 3 hrs late in court.what should i do...

    James’s Answer

    Be on time for court. Explain your situation to the court.

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  • I have been charged with a DUI, in Tennessee and I was not operating the vehicle, nor were the keys in the ignition.

    I was sleeping, and was woken by the arresting officer. I did not take a breathilizer because I was not operating the vehicle when arrested, not was I pulled over with the vehicle motion. I was forced to give blood a blood sample. That is the mo...

    James’s Answer

    I agree with Mr.Larsen. In Tennessee you can be charged with DUI by being in physical control of a car. The courts give some guidance on determine physical control.
    1. Were the keys in the ignition ?
    2.Was the car running ?
    3. Where were you sitting ?

    These are the main factors.

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  • Should I tell my new employer about my diversion?

    i received diversion for a minor shoplifting charge. I was told by my public defender that I didn't have to disclose this to potential new jobs. I was looking online about diversion and everything I am seeing says the opposite? Would it be wise to...

    James’s Answer

    Follow your lawyer's advice. They know more about your case than some random lawyer. I would review your employee handbook to determine if their is a company policy .

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  • Domestic Vandalism

    I Was Charged With Domestic Vandalism. Never Been Arrested Previously. I Spent The Weekend In Jail,Bonded Out For $2000 & Signed A No Contact Order. After Going To Court, If The Other Party Doesn't Show, Will The No Contact Order Be Dropped?

    James’s Answer

    In some cases , a criminal case may be dismissed if a critical witness does not appear in court. One has to make a motion to dismiss for failure to prosecute. The court could grant a continuance or the DA might try to make the case without them. If the court dismisses the , the condition of bond will be vacated as well.

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  • What should I do?

    I was pulled over for rolling over a stop sign. The officer conducted a field sobriety test, and I failed the test. The officer then instead of giving me a DUI gave me underage consumption on the ticket along with disregarding the stop sign. What ...

    James’s Answer

    First , you need to hire a criminal defense lawyer or apply for a public defender. You were fortunate not to have charged with a DUI. A underage consumption case does have consequences. A lawyer could negotiate a plea bargain agreement to keep this off you record.

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  • Violation of judicial diversion probation.

    Is violation of judicial diversion probation worse than actual probation violation?

    James’s Answer

    Could be depending on the judge. Some judges have the position that you were given a big break on the diviersion . If you violated some don't view that very favorably . You will be resentenced. Contact an attorney as soon as possible.

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  • Does the Williamson County Courthouse hair drug test?

    So I got arrested for marijuana possession in December but my court date didn't get scheduled until the end of March so I started smoking again for about a month and quit again about two weeks ago. I will be able to pass a urine test but I am not ...

    James’s Answer

    No. Urine is the drug test of choice in Williamson County because it is quick.

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