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Russell Fletcher Thomas

Russell Thomas’s Answers

117 total


  • Who can i contact to see if my judical deversion has been cleared off my record i payed the court for the expungement

    do i try to contact local police department or the tbi

    Russell’s Answer

    You should contact the court clerk's office that processed your expungement. They should send you a copy of the final order of the expungment once it is complete. I recommend getting certified copies of the orders dismissing and expunging your cases to keep for your records if there are any questions in the future about your expunged case.

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  • My son paid his fines and fees to have a DV expunged from his record, he was told after the fact that it could not be expunged,

    so does that mean the court took his money for no reason? He is also worried about getting a background check for his Hazemat endorsement from (Homeland Security) on his CDL, which is why he is concerned about getting this off his record

    Russell’s Answer

    He may owe fines and court costs related to the underlying conviction, which would be due regardless of any expungement type action. It is difficult to answer your question without more information. I suggest you get a copy of his judgment form from the clerk's office and contact an attorney to discuss the matter further.

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  • First possible offense; misdemeanor probation violation.

    My boyfriend is on probation for a misdemeanor offense; possession of rolling papers. He sees a Probation Officer every Wednesday. On March 5th, they made him take a UA. Nothing was said at his visit on the 12th, and when he went yesterday, she to...

    Russell’s Answer

    First the probation officer will make a decision whether to seek a probation violation warrant or not. If the probation officer decides to seek a warrant, she will draft one and submit it to the judge. If the Judge approves the warrant, she will also decide whether or not to set bail on the probation violation warrant. Then the warrant would be filed with the clerk and law enforcement. Once a warrant is outstanding, your boyfriend may be arrested at any time. Hopefully, he will have an opportunity to turn himself in and be released quickly on some minimal bail amount. When the case is set in court, the Judge must decide first whether he violated his probation. If the Judge decides that he did violate his probation, then the Judge decides the appropriate punishment. The Judge could do anything from giving him another chance on probation to locking him up for the full length of the sentence or anything in between.

    He absolutely should consult with a lawyer and do so as soon as possible. If he cannot afford to hire a lawyer, he request a public defender or court appointed lawyer at the earliest opportunity. A lawyer might be able to talk with the probation officer and affect her decision whether or not to issue a warrant. If she does issue a warrant, the lawyer might be able to influence the decision to set a low bail and/or make arrangements for him to turn himself in. A lawyer might be able to negotiate this matter with the District Attorney’s Office when it goes to court. And, if there is a hearing in front of the Judge, it is important to have a lawyer that understands the laws of sentencing, evidence, etc. to advocate for the best possible result for your boyfriend.

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  • I'm 19 and got charged with underage consumption and open container what is the penalty for that in Tennessee

    I also jus got off probation a week ago

    Russell’s Answer

    Underage Consumption is a class A misdemeanor. Unless otherwise specified, class A misdemeanors carry no mandatory minimum punishment and a maximum punishment of 11 months, 29 days and a $2,500 fine. An open container violation is a class C misdemeanor punishable by fine only. The maximum fine for a class C misdemeanor is $50. So, if you were convicted as charged you could face a minimum punishment of nominal fines and a maximum punishment of up to 1 year and 29 days in jail. If you completed your probation successfully without any probation violation warrant being filed, then you do not face any additional punishment in the way of a probation violation. However, any prior criminal history may be considered in deciding your punishment if convicted.

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  • My brother was arrested in TN for felony possession of a firearm and being a fugitive from justice, how long is he looking at?

    he was out on parole in GA, that's where the fugitive from justice comes from. It would have been up on April of 2015 but he violated with the gun charge.

    Russell’s Answer

    If the gun charge is in Tennessee, he may be charged with T.C.A. 39-17-1324 Armed Dangerous Felonies also know as the "Crooks with Guns Law" here in Tennessee. The penalties vary depending upon the facts of the offense and his criminal history, but the maximum punishment for this offense could be a class C felony carrying up to a 30 years sentence with a possible mandatory minimum 10 year sentence.

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  • Can my husband who is 18 be sent to a group home because of a Juvenile violation?

    He will be 19 in 5 months and he has a steady job and bills and the only reason he's on a violation is because he didn't get his community service finished.

    Russell’s Answer

    Yes, possibly. Normally, a juvenile court's jurisdiction ends when a person reaches eighteen. However, the law allows a juvenile court to retain jurisdiction over some people until their nineteenth birthday in some circumstances. If the juvenile court has retained jurisdiction over your husband and he is still on probation, he can be subject to punishment for any violations of probations.

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  • I have a third vop , the time will be done in about a month. If I pay it off will the vop be dropped.

    I asked a previous ques. about this same vop, refer to my profile for full details about the case. Time will be up next month, I owe $114. which I have and will be paid tomorrow. The violation is from a drug test in Nov 2013, it came back last mo...

    Russell’s Answer

    It sounds like a complicate situation, but here are some things to consider.

    A probation violation warrant must filed before the end of the probationary period. So, if your probation officer doesn’t file anything before the end of this probation next month, this probation will expire. However, you don’t necessarily have to be served/arrested on that warrant to toll the expiration, the warrant just has to be filed. And, if you have some other probation sentences, a violation might be filed in them as well until they expire.

    But, that being said, if the only thing that shows up on a drug test is a prescription which you were lawfully taking, then you probably haven’t violated the terms of your probation. I suppose the question a PO or Judge would focus on is whether you were taking that medication pursuant to a doctor’s direction or not. You should gather any documentation you have related to that prescription and discuss it with an attorney.

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  • When my case is retired, will it always be on my record?

    In June of this year my boyfriend and I visited Tennessee for my 21st birthday. While we were there, we got into an argument in our hotel room and I was arrested on the basis of assault with domestic bodily injury. On October 7th, I attended my se...

    Russell’s Answer

    You will likely be able to get it expunged, but you may have to wait. When a case disposition is noted as “retired,” that usually signifies that the State is not pursuing prosecution and there may be additional conditions on that agreement. Most commonly, there is an agreement that a final dismissal will not be granted for a certain period of time such as six months or a year. Dismissal and expungement does not happen automatically. You will need to petition the Court to expunge the record if appropriate. Depending upon the jurisdiction, you may need to file a separate motion to dismiss the retired charge before filing the expungement request.

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  • I have a theft under $500 . it was one item worth less than $100 from walmart. no other theft history on record. will i get jail

    stole but didn't make it out of store with a vacuum cleaner from wal-mart. no fuss no fight. had a bogus receipt not for the vacuum to use as receipt for said vacuum.

    Russell’s Answer

    You face a wide range of consequences. The offense of Theft, of a value less than $500, is a class A misdemeanor. If you are convicted as charged, you face a possible maximum punishment of 11 months, 29 days in jail and $2,500 fine. However, there is no mandatory minimum jail sentence, meaning you could receive a purely suspended sentence (no jail time). If you have an otherwise clean history, you might also be a favorable candidate for judicial or pretrial diversion. These are special first offender like programs that offer options to keep your record clean. The typical sentence given out under any specific set of circumstances may vary from county to county within that range of punishment set by state law. I recommend you consult with an attorney experienced in handling cases like yours in that county.

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  • Probation Inquiry...specifically Alaska. Former probationer.

    I was on probation for five years. My question is in regards to how they get intel. If I am thrown in jail based on their "feelings" that I did something wrong, or someone said something, or maybe I even I said something....what are my rights as ...

    Russell’s Answer

    If you are accused of a probation violation, you have some due process rights, but these are significantly limited compared to the rights of someone not yet convicted of a crime. Generally speaking, you must be provided notice and hearing. This means that you must be notified of the specific allegations of wrongdoing and provided a hearing for the Court to determine whether you violated you probation. The State must only prove the violation by a preponderance of evidence and the rules of evidence may be relaxed. Sentencing laws (including probation laws) vary from jurisdiction to jurisdiction. I recommend you contact an attorney that practices in the jurisdiction of the original sentence to discuss your options. I’ve provided a link to a blog article that you might find helpful.

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