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James Robin McKinney Jr
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James McKinney’s Answers

298 total


  • How many times can the state's witness not show up before its dismissed

    I am charged with shoplifting. I've been to court twice and both times the security guard from Walmart hasn't shown. Can I get it dismissed.

    James’s Answer

    There is no hard rule on the number of times a case can be continued. A motion to dismiss based upon the state's failure to prosecute can be made when a witness does not appear.. Each judge is different on how they handle this situation.. It also depends if the witness had a valid reason.Also, a dismissal in General Sessions court is not final. The state can take the case to the grand jury. Discuss this with a lawyer.

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  • Can I deposit an estate check into my accout if made out to my mom C/O myself?

    My mom passed left me the house named me as sole executor had home insurance switched to my name the ild insurance company sent me a check

    James’s Answer

    The short answer is no. It is the estate's money. Open the estate and do it the right way.

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  • Will i be violated for not taking drug test ?

    i just got put on 6 mos probation and was ordered to do random drug screens and i have to pay for the test.ive had two this mo,someone in the lobby said its usually weekly/im on ssi disability and this mo ive had car trouble also with my other pre...

    James’s Answer

    I would write or talk to your probation officer quickly. Explain your problem. If you had an attorney during the plea, reach out to them to file a motion to have you declared indigent or to waive any future drug testing. I would show up as ordered and tell the folks at Avertest, you don't have the money. Not showing up might land you in jail.

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  • There was a burglary and theft they are calling in a few people for lie detector test are you legally allowed to Deny the test

    Safe was broke into cash and things where took I have a record and someone else has a record they are blaming us and want us to take a test can we deny it.

    James’s Answer

    You do not have to submit to a lie detector test. It is not admissible under Tennessee law. Police use the test as an investigative tool. On occasion, I have let a client take a lie detector test. We use a pretest before we agree to the test.

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  • Can medical records be used against me in a dui without a opportunity to object a subpoena

    Got in a car wreck, blood was tested for medical use only, can my records be subpoenaed without my consent or opportunity to object?

    James’s Answer

    Yes. Your medical records can be subpoenaed . HIPPA allows for judicial subpoenas. The big issue is the difference the way blood is tested in a medical setting verses a forensic crime lab.

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  • I have a TN restricted license due to a DUI. Can I drive out of state in a rental car?

    I am on probation for a DUI. I am going out of town for business and I need to know if I can drive out of state in a rental car?

    James’s Answer

    First, I would contact your lawyer. You should not drive a rental car unless your restricted license allows you to do so. Effective July 1,2016. , you cannot drive any vehicle without an interlock device with a restricted license. Prior to July 1 , there was some limited exceptions.

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  • If a case gets dismissed after being put on a retired docket do I have to pay to get the charge expunged?

    I have a misdemeanor attempt to possess charge that will be a year old on October 28th. My case was put on a retired docket and I was told that as long as I don't get in any sort of legal trouble within the next year that my case would be dismisse...

    James’s Answer

    No. It will not be automatically expunged. You or an attorney must complete the expungement process. There may be some costs . Sometimes the case is retired on the condition of paying the court costs.

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  • How long does it take for a warrant to become active?

    Almost a week ago I had an officer from Williamson County call me and tell me that there was a warrant for my arrest and I needed to turn myself in after I got everything together. After calling the warrant office multiple times trying to see if m...

    James’s Answer

    Usually, a warrant is active once it is issued. Sometimes law enforcement will not advise if there is a warrant. The rationale is that don't want you to flee. I would speak with a bail bondsman to set up your release. Second , I would go to the sherrif's office to turn yourself in to jail. If no warrant is there, document you were there. Finally call the officer as you are on the way to the sheriff's office.

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  • I have an upcoming court date for simple posession of marijuana (less than a gram), I was wondering what will happen on that day

    I want to know what will be asked, if there are any fines or anything I will have to pay that day. This is my first offense of any kind I am very nervous and don't know what to expect, what am I facing from least to worst case. Thank you so much f...

    James’s Answer

    Nashville marijuana charges are handled differently than other Middle Tenneaaee Counties. In most cases, you can avoid a conviction and fines. There are some alternative ways to resolve your case other than pleading guilty. You should consult a lawyer or apply for a public defender.

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  • Where can I locate a Davidson County TN court appointed Community Service Document?

    Daughter age 20 sited for underage drinking this month. Will be 21 June 15. Working in Kodiak Alaska and cant make June 6th court date without having to fly home. She is scheduled to do 8 hours of Community Service with the Kodiak Food Bank and Sa...

    James’s Answer

    Most Davidson County judges refer public service work to a Nashville beautification project. Folks from out of town can do it out of county with the court's approval. If she has a lawyer, the lawyer can appear and provide proof. If she has no lawyer, she will need to attend.

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