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Norman Delton McKellar
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Norman McKellar’s Answers

13 total


  • How much time can one get for pawning items that was unknowingly stolen?

    My 18yr old son was arrested on three felonies for selling stolen items to a pawn shop. Two were aggravated burglaries and the other a theft between $10000 - $60000. He was given checks totaling $630 that was taken right out his hands from his two...

    Norman’s Answer

    Based on the information that you've provided, it appears that your son has been charged with 3 Class C felonies, which typically will carry a 3-6 year punishment range. However, the judge will have the option to run any sentence consecutively or concurrently, which could have a tremendous impact on the total amount of punishment your son may be facing. You and/or your son should contact a criminal defense attorney immediately.

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  • PULLED OVER FOR TAG LIGHT OUT BUT CAN PROVE WAS WORKING. NO POSSESION OF DL POSSESSION OF DRUGS IN SCHOOL ZONE. CAN CASE BE BEAT

    CHARGED WITH DRUG FREE SCHOOL ZONE POSSESSION WITH INTENT TO SELL OR DELIEVER COCAINE MORE THAN .5GRAM IN VIOLATION OF TCA 39- 17- 417. AND CRIMINAL LITERING. HOWEVER WAS NOT WITHIN A SCHOOL ZONE.

    Norman’s Answer

    I agree with the answers provided by my colleagues. Your best move at this point is to consult with an experienced criminal defense attorney to best prepare your defense, which will likely include a motion to suppress evidence.

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  • If im on unsupervised probation for agg assult and i got a charge of petty theft(shoplifting). What can happen??

    Vehicle manslator, agg assult false report

    Norman’s Answer

    One of the primary concerns that a defendant should have when picking up a new charge while on probation is that a violation of probation (VOP) will be filed against him/her. A traditional requirement of probation is that the defendant not pick up any new local, state, or federal charges. If you do pick up a new charge, you would violate this term of your probation. A prosecutor may then ask for a VOP to be issued, and your bond may be revoked. Your best bet is to contact a criminal defense attorney ASAP to discuss how best to handle your particular situation.

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  • Shoplifting deferred action immigration?

    I was brought to the U.S. at 3 months old. I am now 22 with 2 children, I graduated highschool in '07. I got a ticket for shoplifting an eyeliner at a k-mart when I was 19. I plead guilty with an explanation. I was never arrested, I paid the fine ...

    Norman’s Answer

    I agree with the other attorney responses. Simply put, it's too early to tell since the definition of "significant misdemeanor" is still a work in progress. Contact an immigration attorney to discuss this matter and stay informed as these new regulations develop.

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  • Ok I just got married to an illegal immigrant and were wanting to go to a foreign country but I don't know if he can or not

    We live in the us In Knoxville Tennessee wanting to fly by plane to a foreign country other than Mexico what will he need and what website can we go to, to see what he needs to go please help my email is hfountain4@gmail.com

    Norman’s Answer

    Your scenario seems fraught with peril, and I would suggest that you immediately contact an immigration attorney to discuss your options. The real answer to your question cannot be given without receiving additional facts. Please consult with an immigration attorney PRIOR to leaving the country.

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  • What constitutes porn and child porn on the internet.

    Is chat between two consenting adults about any topic porn if it is fantasy chat using fiction characters with no material involved, no minors involved or intended to be, no conspiring to do wrong, no incitement of any one to do wrong, and no pand...

    Norman’s Answer

    Without further details, I am not sure as to whether I can give you a precise answer. Your limited details of a hypothetical chat between two consenting adults appears on the surface not to run afoul of any child pornography laws. However, many potential issues may arise as more details are developed (e.g., how do you know that the other consenting adult is really an adult, were there plans to "put the fantasy" into action, etc.).

    I would suggest that you immediately consult with an experienced criminal defense attorney to discuss this matter in greater detail. Your questions cannot adequately be answered in this forum. Child pornography charges carry substantial potential penalties that ultimately can irreparably damage the accused's life.

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  • I was caught shoplifting and have to appear in court.. should I plead 'not guilty' & get a lawyer? What are consequences?

    I am 18 from TN and this is my first time EVER getting in trouble; my record is totally clean. I have a court date and I am totally lost about how to handle the situation. Should I plead guilty? Or not guilty, in order to get a public defender? I ...

    Norman’s Answer

    I would strongly recommend that you obtain a lawyer immediately, either a private attorney or court-appointed counsel (if you qualify for one). Although a shoplifting charge may seem relatively minor, the charge & potential conviction for same can have long-lasting effects. For example, shoplifting could be viewed by potential employers as a "crime of dishonesty," which could severely impact you ability to obtain employment in the future.

    Your best outcome is to obtain a dismissal of the charge and have the arrest itself expunged from your public record.

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  • Can i get my domestic assult off my records it was in 2001

    I was fined ten dollars and six mo suspended sentance I have earned my 4 yr degree since then

    Norman’s Answer

    Based on the information that you've provided, I believe that you will be ineligible for an expungement of your domestic assault since it appears that you were found (or pleaded) guilty to domestic assault.

    Who is Eligible for an Expungement?

    1) A person:

    a. Whose charge has been dismissed;

    b. With a no true bill returned by a grand jury;

    c. Who received a verdict of not guilty, whether by the judge or by a jury;

    d. Who was arrested and released without being charged; and/or

    e. Who successfully completed a pretrial or judicial diversion program.

    2) A person who is exonerated by the governor under T.C.A. § 40-27-109.

    3) A person whose charge was dismissed and the proceedings against the person discharged under TCA § 40-35-313, except if such discharge and dismissal was for a sexual offense.

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  • What type attorney do i need?

    my former employer is trying to charge me with theft. i was not charging customers full retail price on items. my former employer told me to do what ever it takes to make the sale, so thats what i did. now he's claiming it to be theft. i have seen...

    Norman’s Answer

    I believe that the most appropriate type of attorney with whom to speak is a criminal defense attorney. The allegations against you are serious and should be handled by a professional. Contacting witnesses, gathering documents, and other defensive tactics may be better handled by an attorney. Ultimately, you should discuss your situation immediately with an attorney, and I would strongly encourage you to speak to an attorney BEFORE speaking to any investigators or police.

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  • What is the sentence time for a false report in tennessee?

    I had somebody carjack me and they wredcked my truck not far from where it happened.The police are saying that I wrecked my truck and was arrested fror false reports

    Norman’s Answer

    Tenn. Code Annotated Section 39-16-502 addresses False Reports. Based on the information that you provided, the charged offense would be a class D felony. Any potential sentence would be based on a variety of factors (e.g., past criminal history), and determining an exact sentence or the nature of the sentence is not possible with the information provided. However, for a Range I offender, a class D felony carries a 2-4 year range of punishment, which could be served on probation, while incarcerated, or a variety of other methods/conditions which a particular judge may assign. For more information concerning your particular set of circumstances, I suggest that you contact an attorney.

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