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My wife was originally charged with "theft under $500" back in 2014 witch is a misdemeanor in tennessee. She has never been in trouble besides this charge. She was sentenced to conditional discharge probation but due to giving birth to her 3rd chi...
It is possible to appeal a General Sessions judgment to Circuit Court, but there are very strict time limits to file an appeal. It is usually only 10 days after the judgment is entered. After the time limit, the judgment becomes final.
She should contact the attorney that represented her on the probation violation. If she did not have an attorney, then she should consult with a reputable attorney immediately.
I was charged with a "B" felony and want to know why my case didn't start in General Sessions like my other felony cases in the past and can I still have a preliminary hearing in Criminal Court?
State law permits the prosecution to begin a case by either seeking an arrest warrant, which initiates the case in General Sessions, or by presenting their case directly to the Grand Jury and seeking an indictment, which starts the case in circuit court.
It sounds like the state elected to go directly to the Grand Jury with your case.
You do not have the right to a preliminary hearing unless the case was originally brought in General Sessions court and then dismissed without a preliminary hearing. But if this was a direct presentment to the Grand Jury, it skips the entire General Sessions level and goes straight to circuit court, and there is no preliminary hearing. (The purpose of the preliminary hearing is for a judge to determine if there is enough evidence to justify sending the case to the Grand Jury. If the Grand Jury has already indicted you, then that is a moot point.)
With a class B felony, you should definitely speak with a local, experienced attorney immediately.
I am trying to get to off probation cause I am done paying court cost and probation fees so how is it away for me to get off before August of this year and by me falling a drug test though I am tried of being on probation been on there for a year ...
If you are on probation, it is because there is a court order placing you on probation. This came about either (1) through an original prosecution for a criminal offense, when you were originally sentenced to probation, or (2) as a result of a probation violation, when you were found in violation and your probation was extended.
The only way to terminate probation early is to have a court order terminating you from probation. That is fairly unusual, especially in Gallatin (where the judges are strict when it comes to probation).
There are also 2 types of probation - supervised and unsupervised. Supervised means you have to report to a probation officer, submit to drug screens if requested, etc. Unsupervised means you just have to obey the law and not get in trouble.
You should speak with an attorney to determine if it is appropriate to file a motion to terminate probation or to request that you be placed on unsupervised probation.
I was driving down the highway in Middle Tennessee when I saw a sheriff deputy coming toward me. When the County officer saw me if he cut the median got behind me and then pulled me over for swerving into the fog line as he said 4 times I was sea...
Whether to take a case to trial or accept a plea offer is an enormously important decision that you must make after much discussion with your attorney. You need to retain the services of an experienced attorney IMMEDIATELY. There may be a video of the traffic stop, which may include video of your driving over (or not driving over) the fog line. There is no way to determine whether or not the stop was legal or illegal by discussing it online. You need to hire an attorney to review everything and take the appropriate steps to defend you.
You need to
I fled the scene instead of doing a traffic stop. Because everything was happening to quick two guys who I thought were my friends got me in the mix with all of this mess. But I was arrested with nothing found on my person or vehicle.
Whether or not a felony will be reduced to a misdemeanor depends on many factors. And unfortunately for your situation, the evading arrest statute was changed last year to require 30 days in jail if convicted of evading in a motor vehicle, or 60 days in jail minimum if the evading in a vehicle created a risk of death or injury to third parties. It is therefore extremely important that your case be handled with care. You need to speak with an experienced and reputable attorney immediately.See question
I need to know whether or not I'll automatically have a warrant issued for not having transportation to the actual court house today
If a person has a scheduled court appearance in a criminal case and does not appear in court, the Court may revoke the person's bond, and the person may be charged with an additional charge of failure to appear in court. In most cases, the failure to appear charge is a FELONY. Bond is a promise that a person will come to court. I have not seen "lack of transportation" used very successfully to defend against an FTA. A judge may be inclined to make sure future transportation to court is available - by the Sheriff's department from the jail to the courthouse. Contact your attorney immediately.See question
Last night I was informed by an officer that I had a 6yr old warrant for MY arrest for leaving the scene of an accident. To my knowledge, I've done no such thing. I thought sure they were joking. I have NEVER been arrested or in any trouble like t...
If it is a misdemeanor, the warrant should expire after 5 years, under TCA 40-6-206. Leaving the scene of an accident is a felony only when it results in death and the fleeing driver knew or should have known that the accident was likely to result in death. Except for that, leaving the scene of an accident is a misdemeanor. You should consult with a reputable attorney in the area where the charge may be pending.See question
I was put on probation for six months by the judge
If you are on probation in Rutherford County, there is a very good chance that you will be drug tested. And if you are charged with probation violation, you will automatically be drug tested whenever you go to court for the probation violation.See question
I'm a college student and I have a 2 month old. I made the idiotic mistake of shoplifting a pack of pens and make-up brushes from a local chain grocery/retail store. I was giving a summons to court for the end of May. This is my first offense EVER...
There are various mechanisms in Tennessee that may allow certain first offenders the opportunity to prevent a permanent conviction from appearing on their record. You should contact a reputable criminal defense attorney for assistance.See question
I was charged in Tennessee for drug paraphernalia (a single pot grinder) and now, with court costs, fines, diversion fees, and legal representation I am somehow astonishingly looking at roughly about $2,000 in total costs. Apparently in order to f...
Under the law, a person's status as a dependent, or the financial ability of their family members, should not have any effect on them being declared indigent for the purpose of appointment of counsel. (The only time I've seen it become an issue is when a defendant'so family posts a huge bail, and the judge then asks why the family can't hire a lawyer if they can post such a big bail. However, you probably received a state misdemeanor citation, which does not involve bail.) I strongly suggest that any defendant retain private counsel to help them through this situation that can ultimately change the direction of that person's life; however, if a person is indigent and cannot afford to hire their own counsel, then the worst thing they could do is to try and handle their case without applying for and using a public defender.See question