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Kyle Fite Mothershead

Kyle Mothershead’s Answers

6 total

  • Can I go to jail for being interrogated while drugged?

    Can a person be heavily drugged and without glasses who can barely see be interrogated then sign documents and later be taken to jail or prison? For a crime.

    Kyle’s Answer

    Short answer - yes, it is possible for you to go to jail under these circumstances.

    Long answer- you can litigate this issue, and seek to have any statement you made or signed while drugged suppressed on the basis that it was not voluntarily given. If you succeed in having the statements suppressed, then those statements cannot be used against you at a trial. But, the question will then be what other evidence the State is able to present against you, apart from the statements.

    In general, it sounds like you are in urgent need of legal representation with regard to this matter.

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  • I was placed on suspended sentence in ends i have to go back to court on that day?

    i was advised not to get in any trouble when i was cited for my second misdeemenor simple poss.charge.and placed on suspended.i did get caught again with paraphenilia and went in front of yet another judge who gave me 8 hrs community service wk.i...

    Kyle’s Answer

    Typically in Nashville you do not get scheduled for any kind of status date when you have just a suspended sentence without being put on supervised probation. However, you can go to the clerk's website and run your name and see if you have any pending court dates on that case; if you have a pending court date, you should go to it. You can also call the court clerk and ask them.

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  • How serious is failure to appear and driving while suspended?

    I live out of state and my daughter had a warrant for FTA. She went to court to turn her self in and the judge set bail at 2,500 which i posted through a bail bondsman. It seems she failed to appear two times based on tickets she received for ...

    Kyle’s Answer

    Although Failure to Appear is technically it's own criminal offense in Tennessee, Nashville generally doesn't prosecute it. So, although failing to appear caused her to be arrested and have to make bond, most likely she'll only be prosecuted in court for the underlying Driving on Suspended License charges. The best possible thing would be to get her license reinstated, which could result in dismissal of the charges. If that's not possible, it may still be possible to negotiate an agreement that doesn't result in jail time (mostly depending on the extent of her criminal history and any other overall circumstances).

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  • I was arrested for dui i need to know if i can sue for false arrest

    after two years they threw it out

    Kyle’s Answer

    I agree with Mr. Sauer that a claim for the tort of "false arrest" is, unfortunately, time barred. However, it is still possible to file a claim for "malicious prosecution" against the officer; the year-long period for that type of claim starts from the day the case is dismissed.

    That said, I agree with all the attorney comments that in order to have a chance at winning a lawsuit over a DUI charge, the charge has to have been very, very weak. There is a doctrine called "qualified immunity" which protects police officers against civil rights suits, and it can only be overcome where the law is very clearly against what the officer did. In the DUI context, I wouldn't even consider taking a case for a lawsuit that didn't involve a 0.0 BAC and clean drug screen (based on the blood test result).

    Also, understand that it is a very long, very expensive, very time-consuming, very difficult process to litigate a civil rights claim, even if one ends up winning in the end.

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  • Where can I research information/laws on the automatic kick out date on a 2 yr sentence. He was given a 6 yr and a 2 yr sentence

    The exact charges are not known. Should be related to credit card fraud/theft.

    Kyle’s Answer

    I believe that you are referring to "Determinate Release," which is found at 40-35-501(3). Under that law, inmates with felony sentences of two years or less shall have their sentences suspended upon reaching their release eligibility date (which is determined by the percentage; likely 30% in this case). However, also under that law the kick-out does not apply where the 2-year sentence is part of a larger consecutive sentence. Here, where the 2 is tied to a 6, he may not be eligible (particularly if he is still serving the 6).

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  • I pleaded guilty to setting fire to personal property in a class e felony in Tennessee can it be expunged?

    I have no other charges and have not been arrested ever again. My Lawyer tild me he could expunge for me back then but I haven't heard from or I havent been able to contact him since 2005.

    Kyle’s Answer

    Unfortunately, Attorney Ivakhnenko is probably correct. Setting Fire to Personal Property (Arson), TCA 39-14-303, is not on the list of included Class E Felonies. Frankly, given that Vandalism & Theft (two similar property crimes) are on the list, the failure to include your charge may simply have been an oversight by the legislature as it is a relatively infrequent charge. All that said, if you think it is at all possible that your charge may have been amended to Vandalism as part of your plea agreement, you should contact the court clerk and confirm your exact conviction offense before ruling out expungement.

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