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James Robin McKinney Jr
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James McKinney’s Answers

266 total


  • 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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  • What happens if I don't show up in court when subpoenaed ?

    My roommate attacked me after I objected to things she told me about my boyfriend of 17 years who had just passed from Lew Body Dementia. His daughter flew in and put him in a hospice after I had been caring for him 24/7 for 6 weeks, then allowed ...

    James’s Answer

    If the subpoena was validly served , you could be held in contempt. Read the link on service of subpoenas in Tennessee.

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  • If I have been charged with theft of $30 and am a first time offender is there any way to keep it off my record?

    I stole $30 worth of food and drinks because I had no money I've been giving my check to my father who has a serious addiction. I am a first time offender and was wondering if there is anyway to keep it off my record? And will I need a lawyer pres...

    James’s Answer

    Yes you should hire a lawyer or apply for a public defender. A first time offender is eligible for judicial diversion . If you can get that offer , you may get your case expunged off your criminal record.

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  • What is an attorneys surety?

    Car was seized because my girlfriend DUIwas driving and got her 2nd DUI. Department of Safety sent the letter with instructions on how to get my car back. Filled out the form they provided, but half way down the form it mentions that an attorneys ...

    James’s Answer

    You probably should get attorney. Civil forfeiture proceedings are very technical and have time limits. If you represent yourself. You must post a bond. An attorney surety is just the attorney is guaranteeing the bond amount if you lose.

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