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James Robin McKinney Jr's Answers
Contributor Level 11
- 98 Legal Answers
- 6 Legal Guides
3
Attorney answers:
Pretrial diversion in tennessee
After you complete your pretrial diversion , you will be able to expunge your public records. It is my understanding your records will never be erased from law inforcement databases. The reason is once your in you stay in for information such as fingerprints and the like.Also, they keep tabs on how many times you have been given diversion in the past
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3
Attorney answers:
Arrested in prostitution sting for solicitation, under TN criminal code what are possible consequences
I can't help you regarding your wife , but you should not go to jail on this case. The Nashville police use reverse stings to arrest people like you in prostitution cases. The police run ads on craigslist or the backpages . Once someone anwers the ad and goes to the hotel room , your trouble begins. Usually , these cases can be settled favorably. Often times these case can be expunged from your record , if you have not had any prior criminal convictions.
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3
Attorney answers:
Can i get spongement of an 8 year lod DWI
No. Under Tennessee law, a conviction can not be expunged. I have been asked this question often.Click on the Link for more information on the expungement process in Tennessee.
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1
Attorney answers:
How do you find out if a juvenile court judge charged with dui was prosecuted in robertson county, tennessee
The judge's case is public record. You can go to the General Sessions Court Clerk or the Circuit Court Clerk in the county in which she was charged .Simply , ask to see the court file or you can ask if she was convicted of DUI. All criminal cases for adults are public records.
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5
Attorney answers:
My son was charged in May 09 for burglary and public intoxication . He spent the night at a friend's house. They got drunk
Under Tennessee law , your son should be okay in the end. Tennessee Juvenile law's main goal is to not take the child from the home unless he has a extensive criminal record.One question I have is the state seeking a transfer to adult court. A transfer to adult court is a recent trend I see happening all too often. I hope this answer finds your family well. Call Attorney Blake Ballin in Memphis.
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2
Attorney answers:
My daughter tried to steal some items and they cited both of us for theft i didnt take anything i payed for my items
Get a lawyer.Under Tennessee law , you can only be convicted of your daughter's theft if you are criminally responsible for her actions.Criminal responsibility applies when you do something to aid , solicit , or take some active role in the commission of the crime.
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3
Attorney answers:
If you take a pretrial diversion as a juvenile can you take one as an adult
Yes. The juvenile conviction does not preclude you from eligiblity of pretrial diversion or judicial diversion.
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2
Attorney answers:
How likely am i to receive a criminal summons?
In Tennessee , a criminal summons is governed under Rule 4 of the Tennessee Rules of Criminal Procedure. The police would have to appear before a magistrate for the summons to issue.Then , the summons will issue ordering you to appear.It depends if the police officer takes the time to have the criminal summons issue.A summons acts like an arrest warrant but does not require making a bail bond.
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2
Attorney answers:
Robbery of $130 from a gas station with a bb gun, is this considered armed robbery? What would the sentence be if so?
Under the facts , the charge under Tennessee law would be for aggravated robbery.Aggravated robbery carries a sentence as a Range I offender of 8 to 12 years. The sentence could be longer depending on the number of prior felony convictions.
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1
Attorney answers:
I am a college student who recently got pulled over for only having on my parking lights. The officer said my eyes were dialated
If you have had no prior criminal convictions,you are entitled to judicial diversion,This type of plea will allow you to be able to expunge the conviction off your record.This is worst case.You may be able to defend the charge based upon the length of detention from the traffic stop until the search.In the future never give consent to search your car or admit to anything. Rob McKinney 214 Second Ave. North Suite 103 Nashville,Tn. 615-259-9009
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