Bradley Lamar Henry’s Answers

Bradley Lamar Henry

Knoxville Federal Crime Lawyer.

Contributor Level 9
  1. Im a 22 year old got arrested at the airport with 2 kilos of cocaine. Im at a level 26 at the federal sentencing guide line.

    Answered about 2 years ago.

    1. Robert David Richman
    2. Joshua Sabert Lowther
    3. John Leif Fossum
    4. Bradley Lamar Henry
    4 lawyer answers

    I agree with the attorneys above that you may be able to obtain a sentence that avoids jail or at least a long term in jail. However, if you plead guilty to an offense falling under 21 U.S.C. 841(b)(1)(B), the statute specifically prohibits probation. If you have not plead to that subsection and instead plead to a lesser quantity of drug under 21 U.S.C. (b)(1)(C) you may be eligible for probation if no death or serious bodily injury resulted from your offense. Pleading to the lesser included...

    4 lawyers agreed with this answer

  2. My baby's mom got caught cheating now she is living with the guy, with my 3 yr old daughter. can I get full custody?

    Answered over 5 years ago.

    1. Bradley Lamar Henry
    2 lawyer answers

    On further review of your question, you may not have been married to this person. If not, your recourse would be an action for cild custody. The fact that the mother is livng with the new guy may still be used to your advantage. It would be helpful to learn if the new man has any criminal history or has any other character traits that are unfavorable. Aain seeking the advice of a local attorney is essential.

    4 people marked this answer as helpful

  3. Statute of limitations in TN

    Answered almost 3 years ago.

    1. Bradley Lamar Henry
    2. Ruchee Janardan Patel
    2 lawyer answers

    The limitation period B felony prosecutions is eight years and descends from there. Robbery, the taking of property through violence or fear, is a class C felony that has a four year limitation period. Likewise, if the offense was theft, taking of property without consent, it is unlikely that it would be more than a B felony. A police report does not stop the limitations period from passing. It may be too late to prosecute, but it would be wise to contact the District Attorney's office to...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. The task force are calling me

    Answered over 5 years ago.

    1. Bradley Lamar Henry
    1 lawyer answer

    DO NOT TALK TO THE POLICE WITHOUT AN ATTORNEY PRESENT! Despite what they tell you they will not cut you a break or let you go. Law enforcement is entitled to lie to you to get information. It is imperative that you go speak with an attorney specializing in federal criminal law immediately! For a more entertaining answer you should watch this video. http://www.youtube.com/watch?v=i8z7NC5sgik Bradley L. Henry 800 S. Gay St Suite 2610 Knoxville, TN 37929 865-521-7422 www....

    1 lawyer agreed with this answer

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  5. What does the government have to establish for an 851 ruling in federal court

    Answered over 2 years ago.

    1. Robert David Richman
    2. Mark P. Maciolek
    3. Bradley Lamar Henry
    3 lawyer answers

    My colleague above is correct. The procedure for the government is simply to file an Information alleging the prior felony drug offense they are seeking to use for enhancement. Unfortunately, the definition for a prior felony drug offense is very broad and even includes simple possession offenses if you could have been sentenced to more than one year in prison. There is also no time limit for the prior offense. Once the prior offense is alleged in the Information, it must be served on the...

    3 lawyers agreed with this answer

  6. Can a father give up his rights to his child if the custodial parent agrees to take any and all responsibility for the child?

    Answered over 5 years ago.

    1. Bradley Lamar Henry
    1 lawyer answer

    Generally, no. A parent cannot simply "give up their rights" to a child. There are several reasons for this, but most importantly a child should be entitled to the benefits of having two parents. The most common way to give up rights, without a fight, is to have your new spouse adopt the child and terminate the rights of the biological parent simultaneously. Again the reason is that this would ensure that the child has two parents. If you are serious you need to speak to an adoption...

    2 people marked this answer as helpful

  7. My sister is in federal prison for armed robbery and has been sentenced to 38 years. is that too much?

    Answered almost 3 years ago.

    1. Timothy Richard Anderson
    2. Bradley Lamar Henry
    3. Craig S Orent
    3 lawyer answers

    Mr. Anderson is exactly right. If there are issues that need to be reviewed by the Court of Appeals you have to file a notice of appeal within 14 days of the date the Judgment is entered. Even if your sister plead guilty and waived her right to a direct appeal there are other avenues for review (i.e. prosecutorial misconduct or ineffective assistance of counsel). It is very important that you speak to an attorney immediately so that your sister does not lose the ability to have her case appealed.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. TN divorce law if a settlement proposal has been submitted how long does the other party have to respond?

    Answered over 5 years ago.

    1. Bradley Lamar Henry
    1 lawyer answer

    There is no specific time limit on accepting a proposed settlement offer. While it may be inconvenient, the fact is the law does not set a limit on negotiations during a divorce. You can set a limit on the amount of time that the offer is good, but should be careful if an agreed divorce is what you are seeking. It is important to speak to your attorney about these basic prinicpals regarding what is really just a contract negotiation. There are ways to advance your position so you do not...

    1 person marked this answer as helpful

  9. What happens if I lose lawsuit and cannot pay what the insurance company does not cover?

    Answered over 5 years ago.

    1. Bradley Lamar Henry
    2. Alan James Brinkmeier
    2 lawyer answers

    The insurance company is only contracted to pay a certain amount. For example if your insurance policy is for $25,000, that is all the insurance company would have to pay even if the damages for the other party were $1,000,000. If the insurance company is unable to settle the case for the policy limits then the injured party will probably file a lawsuit against you. The insurance company is obligated to defend you in that lawsuit. If a judgment is obtained for more than the policy limit...

    1 person marked this answer as helpful

  10. How can I make sure my kids will receive half the proceeds of my home after I die?

    Answered over 5 years ago.

    1. Bradley Lamar Henry
    1 lawyer answer

    The best way to ensure that your property is divided according to your wishes is to get a will. You should contact an attorney who is competent in wills and estates to draft a legally binding will that distributes your property according to your goals. If you pass with no will your property will be divided by the Laws of the State of Tennessee, and your wife may only be entitled to one third of your total estate.

    1 person marked this answer as helpful