Skip to main content
David Henry Veile
Avvo
Pro

David Veile’s Answers

105 total


  • Will i get drug tested for a criminal impersonation charge on county probation? Criminal impersonation is why I'm on this pro

    I was put on probation for six months by the judge

    David’s Answer

    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 
  • Will this misdemeanor affect my child's custody? Since this is my first ever offense can it be expunged?

    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...

    David’s Answer

    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 
  • Can a college student who files as a dependent qualify for a public defender without documentation from the supporting parent?

    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...

    David’s Answer

    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 
  • Can i go to jail for unpaid fines?i recently found out my drivers licence has been revoked due to unpaid court cost @fines/

    im not sure what i have to do to get my drivers licence back and avoid jail/these fines are for criminal offenses over the past 10 yrs as well as court cost

    David’s Answer

    Go to this website and enter your information: https://dl.safety.tn.gov/_/#1
    You should be able to follow a link to reinstate your driver license. It should tell you exactly what to do to get your license back.
    If you are off probation, then they can't put you in jail for not paying court costs or fines; however, if you are caught driving with a revoked or suspended license, you could go to jail for that charge.

    See question 
  • What happens when charged with drug paraphernalia and theft of $16.75 when you are 18?

    was not arrest but was given a paper that states what happened and when my court date is, what's gonna happen and what should I do and will this be on my record forever and if so is there a way I can get it off

    David’s Answer

    If you were given a state misdemeanor citation and a court date, then you were arrested. Tennessee law allows people arrested for certain misdemeanor offenses to receive a citation rather than be taken to booking and forced to post bond. However, it is still considered an arrest. I regularly practice in Nashville criminal courts. The process in Nashville is set up so that when you go to court the first time, they will book you through by taking your mugshot and fingerprints before you report to the courtroom. Depending on your criminal history, it may be possible to resolve these cases in such a way as to keep them off of your permanent record. You should immediately contact an attorney familiar with Nashville criminal courts.

    See question 
  • Barhopping in Nashville was taken to booking, and release in 6 hrs no citation just a booking slip whats my next step? max pen?

    i was exiting a bar in nashville, charging my phone with an external power pack to call a taxi, an officer saw me and for safety concerns stopped me and cuffed me, i was abiding and taken to downtown county booking, i only was there for 6 hrs i d...

    David’s Answer

    If you were arrested for public intoxication, your charge may already have been dismissed. Nashville has an unusual procedure where a person who is arrested solely for public intoxication is usually held until they sober up, and then the charge is dismissed and they are released. You should contact a reputable attorney to discuss your situation and determine whether you need to return for court. Even if the charge was dismissed, you may wish to petition to have all public records of your arrest destroyed.

    See question 
  • Police officer claimed he had probable cause and entered my home. Is this a violation of my 4th amendment rights.

    Police officer was at my door looking for my room mates girlfriend who doesn't technically live here and claimed he had probable cause based on the smell of marijuana and entered my home after I opened the door all the way. The officers only found...

    David’s Answer

    The smell of marijuana might constitute probable cause for the officer to go seek a search warrant, but absent some other exigent circumstance, it's not enough for them to enter a home. You should speak with a reputable criminal defense attorney immediately.

    See question 
  • Pulled over/charged: simple poss. of schedule II and VI along with poss. of drug paraphernalia and alcohol. What are my options?

    Got pulled over for a tag light being out, and he said he could smell weed from outside my car and then continued to search and find all of the above. I am really just wondering if its worth it to pay for an attorney or to just take the charges..

    David’s Answer

    Ultimately you have to decide if it's worth it to you. But I strongly suggest that you contact a local attorney who practices in the county where you are charged. There may be ways to keep these charges off your record and keep you out of jail, but it would have to be handled correctly. If you want the best chance of not having to list these convictions on a job application 15 years from now, you need to contact a local attorney as soon as possible.

    See question 
  • Can State probation be violated after the expiration date?

    If an individual was on felony State probation, has completed the terms of probation and has passed the expiration date (status shows inactive on Felony Offender site), can they be charged with a probation violation for something that happened dur...

    David’s Answer

    If the probation has truly expired, then a probation violation warrant filed after the expiration should be void. However, probation is often extended for previous violations, failure to pay court costs, etc. You should have an attorney review the file to determine whether or not the probation period was over.

    See question 
  • I have a case that was retired in nov 2014 does that mean i was charged or convicted

    it was a case for domestic assault

    David’s Answer

    If you had a case that was retired, then you were charged but probably not convicted. In reality, there is nothing in the law called "retirement." It is a creation of the courts, prosecutors, and defense attorneys, wherein the parties agree to set a case aside for a period of time. There may be conditions, such as no new arrests, community service, etc, but the state agrees not to actively prosecute the case. The way it usually works is that as long as the conditions are fulfilled, then the case is dismissed after the retirement period is over. However, since there is no state statute about retirement, different counties handle it differently. In some counties, you have to come back to court on a set day to swear that you have fulfilled the conditions, and if you don't come, you can be charged with a separate crime of failing to appear in court. In other counties, you aren't require to come to court if you have filed proof of completing conditions with the clerk. In other counties, you may not have to show up or file anything, but the case will still show "retirement" unless you file a request for dismissal and expungment. So to answer your question - you should contact the attorney who assisted you with your case in 2014 and ask them to clarify exactly what you need to do to. IN any event, a retirement us usually a very good result for a criminal case, as it generally does not involve any admission or conviction.

    See question