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Shane Kelvin McNeill

Shane McNeill’s Answers

76 total


  • What can we do? Bond paid but not released

    My brother was arrested and we dont know the charge, he paid the bond and was released and 1 minute later rebooked for failure to appear. We called to check and were told that they have nothing showing in the system why he wasnt released.

    Shane’s Answer

    I'm afraid that there just aren't enough facts here to really determine what is going on. These situations occur from time to time. As previously answered, a failure to appear could be a hold without bond and a motion to set a bond is needed. I also suspect there could be a hold for him from another jurisdiction.

    Best answer? Get a lawyer to get to the bottom of it and have a full understanding of the situation.

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  • What is the time period where Shelby County District Attorney can indict for a misdemeanor?

    How long does it typically take for Shelby County to indict a misdemeanor case? Or, is there a time frame that indictment must occur? The case was bound over from a municipal court to the Shelby County District Attorney for possible indictment. A...

    Shane’s Answer

    This should be an easy question, right? Mr. Dryer is right. It's complicated.

    A good start is located at http://law.justia.com/codes/tennessee/2010/title-40/chapter-2/40-2-102/. But, without doing further research to ensure myself, I think your prosecution already commenced with the arrest. You do have other issues besides this that should be considered as Mr. Dryer mentioned.

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  • Can I get my learners permit in TN when my parents don't have a license or a SSN?

    I am a citizen of the US, and I want to get my permit but my parents are not legal, could I get my permit in TN, if the minor/ teenage affidavit and cancelation form asks for their SSN and license number? Could I get my permit with their Mexican...

    Shane’s Answer

    The form you reference is about financial responsibility. Your parents would need to be able to vouch for your insurance and be covered. As for you, I don't know of any reason why you could not get a learner's permit, however, it's only good to use with a valid licensed driver who is a parent, legal guardian, or certified driving instructor (among others). If your parents are not licensed, who will you be driving with?

    Check with your insurance company to be sure that you're covered. The bottom line is that you may be able to get a permit but then have no practical and legal use for it.

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  • Can you legally put on your own rendition of a broadway production without having to secure the rights?

    I'm trying to put on my own rendition of Annie at a middle school in Memphis TN and we're having some issues with props saying that we need to secure rights to perform it. However, it's my own rendition of it. I need your advice immediately!!!

    Shane’s Answer

    As easy of a question as this should be, the answer is not. The general answer is no. You will need to secure the rights in order to perform the play. There are exceptions that go into parody and the like and also the purpose of the performance. Whether yours applies to one or more of these exceptions, I have no idea.

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  • What is an average charge of representation for a lawyer?

    I was arrested for prostitution in williamson county

    Shane’s Answer

    While the easy answer to your question is anywhere from a few hundred to a few thousand, there are many factors that come into play including facts of your case and experience of the attorney. The big one, at least for me, is what court are you in? General Sessions won't be near as expensive as Circuit Court.

    $1,000 may hire an attorney in General Sessions while it may take several thousand to retain one for Circuit Court. $2,000, as suggested earlier, is probably a good "average" amount.

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  • What would happen if i simply caught up on the payment i owed and not paid the fees?

    My homeowners fees are $50/mo. I do admit I have historically been late on these but no more than 2 mos and i have always paid the late fee along with the actual payment. Currently My last payment was made 12/7, which means i am currently about 2 ...

    Shane’s Answer

    There isn't a definitive answer on what will happen, however, they could have a right to place a lien on your property. Depends on the HOA policy, the covenants, the bylaws, etc. This is, most likely, a matter that you contact them to negotiate the fees in exchange for full payment, maybe even advance payment.

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  • Does my boyfriend have 3 violations now? What type of sentence do you think he'll receive?

    My boyfriend has an original charge of statutory, but he doesn't have to register. He did 5 months in jail and got 18 months probation. He served 7 months and they violated him for failure to appear, because he left state to go be with his kids. T...

    Shane’s Answer

    Most likely, these would be wrapped up into one violation. If one violation is adjudicated and he violates again, then that would be a second violation. As for sentencing, it widely varies and heavily depends on the circumstances. It sounds like this is his second violation if he originally served 5 months and then did 7 months. I usually tell clients they're going to serve sentence unless they come up with a REALLY good reason why they shouldn't have to. Serving sentence in your boyfriend's case is probably his best option since he already has a lot of time built up on it. Doesn't sound like he's a great probationer and the last thing he needs is an extension of probation.

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  • What substances do the probation officers test for and what happens in a home visit? Will there be a drug test in the home visit

    On misdemeanor state 11-29 probation in Davidson county tn for theft of property but do have a simple possession of controlled substance past charge

    Shane’s Answer

    Probation tests for controlled substances as answered previously. THC, opiates, cocaine, etc.

    As for a home visit, I haven't seen many things come up from a home visit. I am aware of a drug test being given at a home visit but it wasn't a probation case. Usually, a drug test would be given in a more controlled place such as the probation office.

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  • What's the sentencing for 1st violation in state probationing? Can disorderly conduct violate my states probate?

    I am on states probation for theft over 1000.....well having two years left I recently got charged with disorderly conduct because the neighbors called the law. Me n my ex were arguing n they made her leave....Well later that evening we were both ...

    Shane’s Answer

    The sentencing is dependent on the jurisdiction that you're in. As for the violation, it sounds like you violated probation. Well.... at least you'll get a violation served against you. There are several rules of probation that are not pleasant and one of them is to report any arrests to your probation officer. Review the rules and make sure you are complying in EVERY WAY. Always report. Always pay something toward your costs and fees. And show up to court. Oh yes... don't forget to show up to court.

    An attorney will help guide you through the process. The big hurdle you have here is that a criminal charge has a "proof beyond a reasonable doubt" standard while a probation violation is "a preponderance of the evidence" - a much lower standard. Make sure you understand all of this as you proceed through with your case. Your attorney will help you achieve a positive outcome.

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  • Working security at a club. Would I be liable if my partner/co-security guard uses excessive force

    One of the security guards on my team is a hot head. So far things are ok but what if both of us are subduing an out of control patron and he overdoes it and uses excessive force. Would I be liable.

    Shane’s Answer

    As my very first instructor in law school (also a Supreme Court justice) said nearly every day in class.... "Maybe, maybe not." Easiest advice here is to stay away. The phrase, "Guilt by association" should ring a bell here.

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