Russell Fletcher Thomas’s Answers

Russell Fletcher Thomas

Nashville DUI / DWI Attorney.

Contributor Level 10
  1. Can a DUI conviction be appealed in Tennessee?

    Answered over 2 years ago.

    1. Russell Fletcher Thomas
    2. David William Gross
    3. Stephen J. Isaacs
    3 lawyer answers

    There are a few different ways to “appeal” or challenge a conviction in some form or fashion in Tennessee. Which, if any, are available to you depends on the facts and circumstances of your case. And most, if not all, of these challenges have time limits that could have a significant impact on your ability to pursue a challenge as well. Generally speaking in Tennessee, you can file a direct appeal of a conviction that was the result of a trial. In that event, you can appeal the finding of...

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  2. Doesn't a defendant have the right to examine all evidence to be used against him at trial ?

    Answered over 2 years ago.

    1. Russell Fletcher Thomas
    2. Vernon Michael Kurtz
    3. Stephen Alan Sauer
    3 lawyer answers

    You have a right to see much of the evidence that would be used against you at trial. Discovery is the formal court process that controls the exchange of information between the two sides. Unfortunately, Tennessee law does not allow you to file discovery requests in the lower level, General Sessions, courts. So, your lawyer may not have had an opportunity to obtain the statement yet. Tennessee law does not give you a right to appear in front of a grand jury. You will have more discovery...

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  3. What constitutes falsifying a police report? Am I suffering undue prosecution?

    Answered over 2 years ago.

    1. Russell Fletcher Thomas
    2. Robert Don Fink
    3. Barry Franklin Poulson
    3 lawyer answers

    If someone “attempts or intends to cause bodily injury to another by strangulation” they can be charged with aggravated assault in Tennessee. This strangulation assault is actually a class C felony which carries a three to fifteen year sentence. This may very well be a situation where you want to follow up with official complaints, but I advise that you talk with a criminal defense lawyer about defending yourself against the pending charges before pursuing anything on your own.

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  4. Can i be charged for simple possession for having trazadone on me

    Answered over 2 years ago.

    1. Russell Fletcher Thomas
    2. Edwin Arnold Anderson
    2 lawyer answers

    Trazodone is a prescription drug. T.C.A. 53-10-105 makes it illegal to possess any prescription drug unless pursuant to a valid prescription.

    4 lawyers agreed with this answer

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  5. Does my husband need a criminal defense lawyer?

    Answered over 2 years ago.

    1. Kristy L. Bruce
    2. Lauren E Scardella
    3. Russell Fletcher Thomas
    4. Mark M Cheser
    5. John George Ducey
    6. ···
    8 lawyer answers

    Yes. Anytime someone is charged with a crime, particularly one as serious as this, it is imperative that they seek legal counsel. If you cannot afford to hire an attorney, the Court can appoint counsel to represent your husband. Neither you nor your husband should discuss this matter any further with anyone, particularly law enforcement.

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  6. If I pled guilty to a charge does that mean i don't qualify for the new expungement law?

    Answered over 2 years ago.

    1. Russell Fletcher Thomas
    2. Michael Douglas Shafer
    2 lawyer answers

    Not necessarily. When people talk about “the new expungement law,” they are usually referring to changes that went into effect last July allowing for expungement of certain convictions that were previously ineligible for expungement. The basic criteria under this statute are (1) that the charge you are seeking to expunge be within a list of certain misdemeanors or class E felonies, (2) that you have no other convictions other than the charge you are seeking to expunge, and (3) that a period...

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  7. My son is in jail for his 2nd DUI and evading arrest in a different county than his lst DUI and is still on probabtion. He has

    Answered over 2 years ago.

    1. Russell Fletcher Thomas
    1 lawyer answer

    On the probation violation, your son could be made to serve his entire sentence, or 11 months 29 days minus any jail credit he has toward that sentence. DUI 2nd is a class A misdemeanor with a minimum jail sentence of 45 days and maximum sentence of 11 months and 29 days in addition to other DUI penalties such as license revocation, etc. Evading arrest in a motor vehicle is a class E felony punishable by a sentence of up to 6 years (2 years if he has no prior felonies). Assault is a class A...

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  8. How long can someone wait to see a judge on a harassment warrant if they turn themselves in and can prove their innocence?

    Answered over 2 years ago.

    1. Russell Fletcher Thomas
    2. Vernon Michael Kurtz
    2 lawyer answers

    The Tennessee Rules of Criminal Procedure require that a preliminary hearing be held within 10 days of arrest if the defendant remains in custody. So, if someone is arrested and is not released on bail or by some other means, the preliminary hearing must be held within 10 days. At that hearing, the State must present at least a probable cause level of proof for the Judge to allow the case to continue through the system. Venue must be proved at that hearing as well. So, if the judge finds at...

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  9. Who can i contact to see if my judical deversion has been cleared off my record i payed the court for the expungement

    Answered about 1 year ago.

    1. Russell Fletcher Thomas
    2. James Robin McKinney Jr
    3. Thomas Travis Overton
    3 lawyer answers

    You should contact the court clerk's office that processed your expungement. They should send you a copy of the final order of the expungment once it is complete. I recommend getting certified copies of the orders dismissing and expunging your cases to keep for your records if there are any questions in the future about your expunged case.

    3 lawyers agreed with this answer

  10. Failure to appear

    Answered about 1 year ago.

    1. Russell Fletcher Thomas
    2. Stephen Alan Sauer
    3. Thomas Travis Overton
    4. L. Vincent Ramunno
    4 lawyer answers

    When you fail to appear in court, the Judge usually issues a capias, or bench warrant, for your arrest and orders that any bond you posted be forfeited. You could possibly face an additional criminal charge for Failure to Appear, which, in this case, would be a class E felony charge. The range of punishment for a class E felony is one to six years (one to two years if no prior felonies). There is no mandatory minimum portion of that sentence that must be served in jail, which means you could...

    3 lawyers agreed with this answer