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James Jeffrey Lee
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James Lee’s Answers

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  • Can a non violent sex offender temporarily work near a park, daycare, school, etc.?

    I am temporarily working construction on a building and my probation officer is telling me it's to close to a park. I have to work, and this job is almost done. I work for a contracted and work in different locations.

    James’s Answer

    Re: Residential and Work Restrictions for Sex Offenders

    T.C.A. 40-39-211 states that "[n]o sexual offender ... shall knowingly establish a primary or secondary residence or any other living accommodation, knowingly obtain sexual offender treatment or attend a sexual offender treatment program or knowingly accept employment within one thousand feet (1,000') of the property line of any public school, private or parochial school, licensed day care center, other child care facility, public park, playground, recreation center or public athletic field available for use by the general public." There is no exception when the work is temporary.

    In addition, if your probation officer is telling you that it doesn't qualify, you would be best off complying immediately. That job, your liberty, and any hopes of getting off the registry after ten years of substantial compliance will all go out the window if you get charged with a violation of this requirement.

    This violation is a Class E felony with not less than a $350.00 fine and not less than ninety (90) days in prison. Even if you do the math and see that your employment is not within one thousand feet of the park, you'll still sit in jail until a later hearing at which you can present the evidence.

    J. Jeffrey Lee
    1303 Madison Avenue
    Memphis, TN 38104
    (901) 318-3733 phone
    (901) 871-0705 fax
    www.jjlfirm.com
    www.mysexcrimeattorney.com

    * Certified as a Criminal Trial Specialist by the Tennessee Commission on C.L.E. and Specialization
    * Certified as a Criminal Trial Specialist by the National Board of Trial Advocacy

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  • Sex Crime

    Is it a crime in TN for someone to transmit Herpes knowingly? My x-boyfriend either knowingly or knew days after transmission that he had infected me with the Herpes 1 and 2 viruses. He refuses to show me his most recent medical report to his do...

    James’s Answer

    Knowingly or recklessly exposing a person to serious bodily injury can be a crime. A prosecutor could indict the act as an assault or an aggravated assault based on bodily injury or serious bodily injury. Under some facts, the act could be a reckless endangerment or an aggravated sexual battery. In a very rare scenario, the case could be considered rape because even if the victim consents to (non-herpes) sex, the defendant could be considered to engage in sex that was accomplished by fraud or without knowing consent of the herpes. Some of these offenses would place the defendant on the sex offender registry while others would not. However, an indictment is a far cry from a conviction and these are often tough cases to sell to the jury or to an appellate court.

    Here is a link to a Tennessee case where a defendant was convicted of reckless endangerment and aggravated sexual battery based upon exposing a victim to herpes: https://www.courtlistener.com/tenncrimapp/6mnf/state-of-tennessee-v-freeman-ray-harrison-jr/

    In this case linked above, the appellate court found that the evidence was sufficient to support defendant's conviction for reckless endangerment under Tenn. Code Ann. § 39-13-103(a) as it showed that defendant engaged in conduct that potentially placed the victim in imminent danger of death or serious bodily injury when he did not warn her that he was infected with herpes before she was sexually intimate with him. Also, Defendant's conviction for aggravated sexual battery under Tenn. Code Ann. § 39-13-504 was supported by sufficient evidence as "sexual contact" given that the victim came into contact with defendant's intimate parts or the clothing covering the immediate area of his intimate parts. State v. Harrison, 2013 Tenn. Crim. App. LEXIS 846, 2013 WL 5436711 (Tenn. Crim. App. Sept. 27, 2013)

    I agree with the other attorneys that you might not be able to persuade a prosecutor to take such a case - especially when the case above was remanded back to the trial level for issues related to the case and is not considered a good case precedent. However, you can always try and see what they want to do with it. If not, you may wish to pursue a case in civil court.

    J. Jeffrey Lee
    1303 Madison Avenue
    Memphis, TN 38104
    (901) 318-3733 phone
    (901) 871-0705 fax
    www.jjlfirm.com
    www.mysexcrimeattorney.com

    * Certified as a Criminal Trial Specialist by the Tennessee Commission on C.L.E. and Specialization
    * Certified as a Criminal Trial Specialist by the National Board of Trial Advocacy

    See question 
  • Illegal towing from apartment complex?

    My husband and I use three parking spots. There are plenty of available parking spaces. We hardly use one of our vehicles. It's a small car. We have 2 small children and their car seats do not fit comfortably in the backseat. Hence, why we don't d...

    James’s Answer

    In Tennessee, the enforcement and remedies provisions of the Uniform Residential Landlord and Tenant Act vary depending on the status of the car, which can be authorized, unauthorized, or a nuisance. You should also look at the lease provisions and local ordinances to see how they may affect the outcome.

    Check out the Tennessee Code at http://www.lexisnexis.com/hottopics/tncode/ and look at T.C.A. 66-28-518, 66-28-519, and 66-28-520.

    J. Jeffrey Lee
    1303 Madison Avenue
    Memphis, TN 38104
    (901) 318-3733 phone
    (901) 871-0705 fax
    www.jjlfirm.com

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  • I am innocent of felony charges, witch are 2nd degree burglary and forced entry how cwn I prove my innocence

    Iv never had a felony. Wouldn't the law enforcement have to have either finger prints or my person on video ..

    James’s Answer

    The good news is that you don't have to prove your innocence; rather, the State has to prove your guilt. You can present evidence that demonstrates your innocence or disputes the prosecution's allegations, but the burden of proof remains on the State in every criminal case.

    The bad news is that fingerprints, video, and other forms of forensic evidence are not required for a conviction - the State can present only witness testimony or even circumstantial evidence to support its case. If the evidence is sufficient to persuade the jury to convict, it will very likely be upheld by an appellate court.

    J. Jeffrey Lee
    1303 Madison Avenue
    Memphis, TN 38104
    (901) 318-3733 phone
    (901) 871-0705 fax
    www.jjlfirm.com

    * Certified as a Criminal Trial Specialist by the Tennessee Commission on C.L.E. and Specialization
    * Certified as a Criminal Trial Specialist by the National Board of Trial Advocacy

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  • Is it a due process on DNA when its dealing with a rape case?

    rape case

    James’s Answer

    The Fifth Amendment right against self-incrimination states that no "person ... shall be compelled in any criminal case to be a witness against himself."

    The Supreme Court has held that the privilege extends only to "testimonial or communicative" evidence. DNA evidence, fingerprinting, photographing, measurements, and blood samples are all considered "non-testimonial," and therefore not protected.

    Therefore, even if DNA evidence was taken against your consent, there is not a Fifth Amendment due process violation. The fact that this occurred in relation to a rape case in particular does not determine the outcome.

    J. Jeffrey Lee
    1303 Madison Avenue
    Memphis, TN 38104
    (901) 318-3733 phone
    (901) 871-0705 fax
    www.jjlfirm.com
    www.mysexcrimeattorney.com

    * Certified as a Criminal Trial Specialist by the Tennessee Commission on C.L.E. and Specialization
    * Certified as a Criminal Trial Specialist by the National Board of Trial Advocacy

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  • Do I have to identify myself to an officer if I'm not driving or if I haven't broke any laws ?

    In the state of Tennessee.

    James’s Answer

    There are a lot of factors that can affect the analysis, but I've included some general information that addresses your concern:

    When can police ask for ID?
    http://www.flexyourrights.org/faqs/when-can-police-ask-for-id/

    What are the rights of passengers during a traffic stop?
    http://www.flexyourrights.org/faqs/what-are-the-rights-of-passengers-during-a-traffic-stop/

    Stop and identify statutes
    http://en.wikipedia.org/wiki/Stop_and_Identify_statutes#States_with_.E2.80.9Cstop-and-identify.E2.80.9D_statutes

    J. Jeffrey Lee
    1303 Madison Avenue
    Memphis, TN 38104
    (901) 318-3733 phone
    (901) 871-0705 fax
    www.jjlfirm.com

    * Certified as a Criminal Trial Specialist by the Tennessee Commission on C.L.E. and Specialization
    * Certified as a Criminal Trial Specialist by the National Board of Trial Advocacy

    See question 
  • Is underage nude depiction illegal?

    Obviously, child pornography is illegal, however, my question is if completely non-sexual nude depictions of persons under the age of 18 is illegal? I recently read somewhere that pictures of nude beaches and or resorts containing nude persons un...

    James’s Answer

    The criminal statute requires the minor to be depicted while engaging in either sexual activity or patently offensive simulated sexual activity. Sexual activity is a clear standard; simulated sexual activity is not.

    "Patently offensive" (simulated sexual activity) is defined in T.C.A. 39-17-1002 as "that which goes substantially beyond customary limits of candor in describing or representing such matters." Frighteningly, this is subject to personal or community interpretation.

    Imagine that you are taking a photo of a naked child at a nude beach; the child cannot consent to the photo, and the parent’s consent would not make it legal. What is more likely to happen is that the parent sees you taking a photo of his or her naked child and calls the police – then, you’re left to explain the photos on your camera. If the police officer disagrees with you that the photos are inappropriate, you’re now charged as a violent sex offender.

    T.C.A 39-17-1005. Offense of especially aggravated sexual exploitation of a minor.
    (a) It is unlawful for a person to knowingly promote, employ, use, assist, transport or permit a minor to participate in the performance of, or in the production of, acts or material that includes the minor engaging in:
    (1) Sexual activity; or
    (2) Simulated sexual activity that is patently offensive.
    (b) A person violating subsection (a) may be charged in a separate count for each individual performance, image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation.
    (c) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, Internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly promoted, employed, used, assisted, transported or permitted a minor to participate in the performance of or in the production of acts or material for these purposes, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.
    (d) A violation of this section is a Class B felony. Nothing in this section shall be construed as limiting prosecution for any other sexual offense under this chapter, nor shall a joint conviction under this section and any other related sexual offense, even if arising out of the same conduct, be construed as limiting any applicable punishment, including consecutive sentencing under § 40-35-115, or the enhancement of sentence under § 40-35-114.
    (e) In a prosecution under this section, the state is not required to prove the actual identity or age of the minor.
    (f) A person is subject to prosecution in this state under this section for any conduct that originates in this state, or for any conduct that originates by a person located outside this state, where the person promoted, employed, assisted, transported or permitted a minor to engage in the performance of, or production of, acts or material within this state.
    (g) It shall not be a defense to a violation of subsection (a) that the minor victim of the offense consented to the conduct that constituted the offense.

    J. Jeffrey Lee
    1303 Madison Avenue
    Memphis, TN 38104
    (901) 318-3733 phone
    (901) 871-0705 fax
    www.jjlfirm.com
    www.mysexcrimeattorney.com

    * Certified as a Criminal Trial Specialist by the Tennessee Commission on C.L.E. and Specialization
    * Certified as a Criminal Trial Specialist by the National Board of Trial Advocacy

    See question 
  • If cars and money was seized will the person get their things back if the preliminary hearing is dismissed

    cars and money was siezed when my friend was arrested

    James’s Answer

    Unfortunately, a defendant does not automatically get his or her personal property back upon the dismissal of the criminal charge. Instead, they must pursue the property through a forfeiture hearing. See below for details of the two different procedures.

    A FORFEITURE HEARING is a civil procedure to recover the assets from the government agency that seized it based upon a reasonable belief that the personal property was used in connection with a crime. Here is a link to the Department of Safety & Homeland Security Asset Forfeiture & Seizures FAQ page: http://www.tn.gov/safety/thp/forfeit.shtml

    The PRELIMINARY HEARING is also called a “probable cause” hearing. This criminal hearing is an opportunity for the defense attorney to ask questions of the State’s witness(es). The hearing is under oath, so the witness may be impeached at a later trial. If the hearing is successful (meaning that the charges are dismissed), the defendant loses his or her bond. If unsuccessful, the bond remains. Some defendants do not want to 'win' the hearing for this reason. Even if the charges are dismissed, they can be brought back if the defendant is indicted by the grand jury.

    The main purposes or a preliminary hearing are:
    1. To learn what the witness will later say at a later trial
    2. To investigate the truth of the testimony before a later trial
    3. To lock in the testimony of the witness for later impeachment
    4. To seek a lower bond or lesser charges before the case is indicted in Criminal Court

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  • I am still trying to find my husbands Social Security #. Was told to look on my Marriage License. There is no SS # on my License

    I need my husbands SS # for auxiliary benefits. He retired to another State. I don't know how to locate him and if I could he would not give me his Social Security #. PLEASE HELP, I really need those benefits.

    James’s Answer

    I would suggest looking on a previous Form 1040, when you and your husband filed your federal income taxes as "Married Filing Jointly" or "Married Filing Separately." That would be the easiest place to find his SSN.

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  • What legal action can I take concerning a repossession of auto after the title loan was completely paid off?

    I paid off a title loan with Title Max back in February of 2014. I have the title the key and proof that it is zero balance. I woke up and my van was gone so I called 911. I gave them the description of the car and my address and she informed me t...

    James’s Answer

    If you go to 140 Adams Avenue, Room 106 (General Sessions Clerk's Office), there is a form you can complete titled "Civil Warrant - Action to Recover Personal Property." I have included a link below. You will have to pay a filing fee and service fee unless you qualify for a pauper's oath.

    After the defendant is served, you will get a court date, and you can eventually schedule the matter for a hearing, at which time you can present your proof of repayment. An attorney may be able to help you recover additional money through punitive damages or treble damages under the Tennessee Consumer Protection Act. Good luck!

    http://gs4.shelbycountytn.gov/DocumentCenter/View/57

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