W. Joseph Werner Jr.'s Answers

W. Joseph Werner Jr.
Nashville State, Local, and Municipal Law Attorney.
Contributor Level 8

2

Attorney answers:

  1. W. Joseph Werner Jr.
  2. Christian K. Lassen II

Can I go after the company that fired me for sexual harrassment if I have proof?

Asked by a user in Knoxville, TN - 3 months ago.

Yes. Hostile work environment. You went to HR. HR did nothing, and the harassment by your immediate supervisor continued. Finally, they retaliated. You need to hire an attorney as soon as possible. What is your proof? Have you applied for unemployment benefits? If they fight you, you'll get free discovery on them.

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2

Attorney answers:

  1. W. Joseph Werner Jr.
  2. Elizabeth B Carpenter

Has the laws changed against juveniles given a life sentence for homicide

Asked by a user in Memphis, TN - 8 months ago.

Graham v. Florida is a US Supreme Court decision; therefore, it applies to all States. Justice Kennedy wrote the majority opinion stating, "The Constitution prohibits the imposition of a life with-out parole sentence on a juvenile offender who did not commit homicide. A State need not guarantee the offender eventual release, but if it imposes a sentence of life it must provide him or her with some realistic opportunity to obtain release before the end of that term." The answer is no. The...

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Attorney answers:

  1. W. Joseph Werner Jr.

I am the Victim of domestic Violence. I have been supeona to go to court as a witness on June 24th. This is His 2nd offense not

Asked by a user in Nashville, TN - almost 3 years ago.

It is hard to say what his possible sentence is without seeing a charging document. What is he charged with? What is his prior record? There are a lot of factors that would go into it. I have not yet practiced criminal law in TN courts but I did specialize in domestic violence for some time while a prosecutor in Florida. Here is some practical advice from my experience with domestic violence cases in another State. You are probably subpoenaed for a trial or deposition. The prosecutor...

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2

Attorney answers:

  1. W. Joseph Werner Jr.
  2. Ruchee Janardan Patel

Pulled over in North Carolina and was givin a ticket for having 2 grams of marijuana in my possesion, what steps should I take?

Asked by a user in Knoxville, TN - 7 months ago.

With a prior record, I doubt the prosecutor will allow you to plea to the charge without appearing in court (although, I've seen it before). Depending on your record and NC law, you probably aren't facing jail (but, it's likely within the applicable punishment range). I've worked in Florida and Tennessee and wouldn't think with a record that you'd be eligible for any kind of diversion program. I am not licensed in NC though. You should hire a criminal defense attorney from the...

2

Attorney answers:

  1. Ruchee Janardan Patel
  2. W. Joseph Werner Jr.

Do photo enforced tickets go as a moving violation for a cdl driver if he is in a rental car?

Asked by a user in Knoxville, TN - 8 months ago.

My understanding is that there is currently an appeal at the Court of Appeals in Nashville or the Tennessee Supreme Court over whether cameras can be used as evidence of a violation because of issues with identification of the driver. But, it looks like your name would be on a rental agreement and probably as the sole driver.

2

Attorney answers:

  1. Ruchee Janardan Patel
  2. W. Joseph Werner Jr.

I need someone to help me i get speeding ticket frm illinoise marion and i live in nashville TN and now i get CDL i need help

Asked by a user in Nashville, TN - 8 months ago.

In Tennessee, you wouldn't stand much of a chance because it is a CDL.

1

Attorney answers:

  1. W. Joseph Werner Jr.

Is their a way to avoid jail time in a class b misdemeanor?

Asked by a user in Memphis, TN - about 2 years ago.

Depends on your criminal record for the most part. If you have a clean record, then you can seek diversion. You'd plead guilty but not be sentenced. You'd go on probation. If you complete that successfully, then you go back to court and the charge is dismissed. After that, you motion to have the records expunged.

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Attorney answers:

  1. W. Joseph Werner Jr.

Any lawyer who takes cases of bedbug bites received in motel?

Asked by a user in Memphis, TN - about 2 years ago.

You have to prove damages. It appears you have those. But, you also have to prove direct and proximate cause of the injuries (damages). First, you have to prove the bugs went from the motel to your home and not the other way around. Maybe the motel has had similar recent problems. You will have to hire an expert to testify that the bites led to the infections. It is very interesting.

1

Attorney answers:

  1. W. Joseph Werner Jr.

I am 22 and just moved to TN. My girlfriend is 17 and lives in NC. Would visiting her violate any federal laws I don't know of?

Asked by a user in Nashville, TN - over 2 years ago.

Visiting? No. Also, the age of consent in TN, since you are 4 to 5 years older, is 19. Your hypothetical, though, occurs in NC so would involve NC and federal laws of which I am not as familiar.

3

Attorney answers:

  1. Christian K. Lassen II
  2. W. Joseph Werner Jr.
  3. Christine C Mccall

Can i sue jcpenny for harassment,defamation,slander,etc. if one of their employees made an accusation that hurt me?

Asked by a user in Thompson, CT - 8 months ago.

Be aware a statute of limitations likely exists in Connecticut for a Slander suit. If you do not file suit within that time range, you will not be able to.