Diana Phillips’s Answers

What should I do?

Diana’s Answer

• August 15, 2020 7:29pm

I think because you have no record, you will ultimately be okay, but I would hire an attorney to help you navigate the system. Whoever that attorney is can help ease your stress by explaining what to expect, how things works, and they may be able to save you time at court.

How do I request a suspended sentence? Do I file a petition?

Diana’s Answer

• June 19, 2019 6:13pm

File a motion to suspend the remainder of the balance of his sentence. The Judge could order any number of alternatives in lieu of incarceration: house arrest, gps monitoring, supervised probation, to name a few.

Plea deals ?

Diana’s Answer

• May 22, 2019 1:34am

Typically a state’s attorney talks with the victim before extending an offer. So yes, the victim can make a request but the states attorney ultimately decides whether to try a case, extend an offer, or change the terms of an offer if an agreement has not been made yet. While the states attorney should at least listen to a victim’s request, there are many other factors that go into assessing a case: the strength of the proof, was evidence lost or destroyed, how thorough were the police in investigating, does the defendant have a mental illness, and on and on and on.

When I placed bond, was it legal to put me on an ankle monitor when the purpose of bond is to be free?

Diana’s Answer

• May 21, 2019 8:38pm

The purpose of making someone pay a bond before they are released from jail is to help assure their appearance at court. In addition to paying an actual bond, the court may order any number of bond conditions (house arrest, alcohol monitor, gps) and that can include an ankle monitor. I'm sorry. I know it's inconvenient but it's still better than the alternative!

How can get off the sex offender list I was charged with avv sexual battery

Diana’s Answer

• May 21, 2019 8:15pm

I'm assuming you mean you were charged with aggravated sexual battery? So, I'm wondering if that is what you were convicted of as well. Some sex crimes in Tennessee carry mandatory supervision for life. As far as sex offender registry, you can only come off the registry by permission of the Tennessee Bureau of Investigation. You definitely need to hire an attorney to look into your situation and to assist you with your problem.

How long does a person have to do if they are sentenced at 6years tdoc at 30%?

Diana’s Answer

• May 21, 2019 8:05pm

If your son was sentenced to serve six years TDOC, Range I (or 30%), that means he will serve roughly one year and 8 months MINUS any jail credit and MINUS what is called "good time" - credit for good behavior and/or for working - before he's eligible for a parole hearing. I will warn you, a parole hearing does not guarantee he will be released at that time.

I would give it a good 3 months and then call the State probation & parole office in Jackson, TN (it would be good if you have your son's state inmate number handy when you do) and ask if they will look up his parole hearing date. Understand that this parole hearing date will keep moving as he earns good time. So, say they tell you his parole hearing date is January 2021. That date will change as he earns good time - he could end up with say an August 2020 parole hearing date. I know this is very confusing but it is not simple, as the date will keep moving up as credits are earned.

If a parent refuses to let you see your child do you still have to pay child support?

Diana’s Answer

• May 21, 2019 3:34pm

Yes, the reason being, parents can't take the law into their own hands essentially - the child is always protected. You can take her to court, however, to either enforce a parenting/visitation agreement or get one set up if there is not already one in place. She can't just unilaterally decide not to let you see your child, anymore than you can decide to just cut off child support. Take her to court!

If a person pleads guilty to shoplifting an has 11 days to serve and the jail releases him early can they law issue a warrent

Diana’s Answer

• May 21, 2019 1:10am

An 11 day sentence sounds odd.

The jail calculates the time. There could have been jail credit, or good time credit that the person was unaware of ... I’ve even known jails to release people early due to overcrowding, though that is rare.

If the person was ordered to serve the sentence day-for-day, then the jail released the person in error. Technically, if that happened, the person could be ordered to finish the sentence out. But if the total sentence was in fact 11 days, it’s doubtful anyone would go to the trouble.

Is a marijuana possession citation a violation if I am on the sex offender registry? Do I have to report it within 48 hours?

Diana’s Answer

• May 4, 2019 2:49am

Honestly, I have too many questions for you to answer right away. If you would like, you can contact me at 423/401-8948.

Thank you.

Attorney Diana Phillips

If Wal Mart tried to stop me over a 20 dollar tape measure and I ran will they put me in jail ?

Diana’s Answer

• September 8, 2017 2:34am

Yes they absolutely can. They have video cameras inside and outside the store and if they can identify you using the video (or theough eye witnesses), they can charge you and they have up to a year to do so. If that's all you stole or attempted to steal, it's a class A misdemeanor and can carry up to 11 months and 29 days in jail.