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Stephen Alan Sauer

Stephen Sauer’s Answers

2,041 total


  • I been trying to get Justice for my son not anyone has responded to my email I'm shocked how rude people can be.

    I'm trying to get Justice for my son who was badly beaten by the prison guards at west tennessee state prison henning tennessee I have called all the TV stations all around the state of Tennessee attorney as well if it was something like that happ...

    Stephen’s Answer

    I do not handle civil rights claims on that side of the state but I suggest you contact a civil rights attorney. You can find them here on Avvo. I don't think anyone is deliberately trying to be rude by not answering your emails but you have to understand that this site is great for general information but it's not the answer for every legal issue. Your type legal need is very specialized. Not every attorney handles civil rights injury claims. And even those that do can't take every case that comes to them. They are very difficult cases to handle as the state has immunity in many situations that prevents them from being sued. Furthermore, this is a free site where attorneys give free answers so not every attorney in the state is on here answering questions. Talk to a civil rights attorney who can hopefully give you answers you seek.

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  • 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.

    Stephen’s Answer

    Be aware that the security guard does not have to come to court unless subpoenaed by the prosecutor. Not sure how it works in Kingsport but here in Shelby County a case can be set 2-4 times before an actual hearing is set. At that hearing the witnesses are subpoenaed to come to court. If they fail to appear the Judge may allow another reset and give the government another opportunity to try to get them in but if they fail to appear again it's usually dismissed. But nothing requires the witnesses to appear at your initial appearance in court or subsequent resets unless ordered by the court.

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  • What if I fall off of my work truck and break my leg. Can I sue my employer?

    I on the back of my work truck when I slipped and fell to the ground breaking my leg. I receive workers compensation, but can I still sue for pain and suffering?

    Stephen’s Answer

    You are likely limited to worker's compensation unless you can prove that a 3rd party (someone other than your employer) caused your injuries. For example, if you are driving on your work truck and another driver hits your work truck, you could file worker's compensation for your injuries with your employer and you could sue the other driver for negligence. You could then collect pain and suffering from the 3rd party and their insurance but not from worker's comp. This does not mean you collect twice; if you collect from the 3rd party, you would have to reimburse the worker's comp carrier whatever they paid you from the money you get from the 3rd party insurance. Speak to a lawyer if you think you have a 3rd party claim.

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  • I pled guilty to importation of a schedule III drug (100 steroid pills) (Federal Case) can I have my rights restored? if so how?

    I was in the Navy and ordered steroids over the internet (In Guam). The DA of Guam is also a Navy Lieutenant. I was Military Police and they wanted to make an example of me. The DA told me if I did not pled in Guam I would be stuck there and kicke...

    Stephen’s Answer

    You can file a petition in Circuit Court asking to have your Citizenship Rights restored. This will give you back the right to vote and I believe the right to hold public office. But unfortunately, it will not give you back the right to possess a firearm. Federal law prevents you from ever owning a firearm or possessing ammunition. While the ATF can restore your rights to own a firearm, once your citizenship rights are restored by TN, they won't because Congress has not allocated any money to pay for the investigations and administrative processes necessary to approve restoration of gun rights. Your only hope I can see is to consider petitioning the President of the United States for a pardon. Obviously, these are not easy to obtain, but I suspect it's your only avenue available.
    Be aware that you can still possess certain black powder firearms as they are not considered firearms under Federal law. Check with the ATF to be sure the specific black powder weapon you wish to purchase is ok under federal law.

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  • In the state of Tennessee is it legal for a 16 year old to date an 18 year old

    I am 16 years old and in high school and a boy that I have been crushing on who is 18 years old and just graduated ask me out. I need to know if it's legal so neither of us get in trouble with the law

    Stephen’s Answer

    Tennessee has a Romeo and Juliet law that allows anyone over 13 to date someone older as long as they are less than 4 years older than the younger person. So if you are 16 and he is 18, that would be ok. If you are 16 and he is 20 that would be against the law. Here is the laws on TN rape. Read the section on "statutory rape" to get a clear understanding of the law. https://www.tn.gov/assets/entities/tbi/attachments/Definitions%20of%20Tennessee%20Sexual%20Offenses%20and%20Violent%20Sexual%20Offenses.pdf

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  • How can my husband deal with his warrants without losing his job?

    Husband started working today and has two warrants that he would like to deal with as soon as Monday. Can he get a lawyer to go in for him to court without him being in jail for a few nights?

    Stephen’s Answer

    Your husband will need to hire an attorney to deal with the warrants. He can surrender himself on the warrants without an attorney but depending on the age of the warrants he may or may not have a bond already set. If he surrenders in court, with an attorney, it's possible the attorney could ask the Judge to recall the warrants thus keeping him out of jail. An attorney would need more info than you have provided to be able to give a more definite answer but it's almost always better to have an attorney prior to surrendering on the warrants. Give me a call if you wish to discuss being in court on Monday.

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  • How do i get help to get relieved from a lease from an uncaring management company

    We moved in this house Aug of 2015, the ac was non functional and some of the appliances were faulty. We were told by the 3rd party that it would all be fixed, if we made a list. A year later we are still dealing with ac that only works 2-3 weeks ...

    Stephen’s Answer

    The Uniform Residential Landlord & Tenant Act requires that you send notice to the landlord by certified mail listing the problems. The landlord then has a reasonable amount of time to correct the problems and then if they don't, you can either fix them your self and deduct the cost from the rent or break the lease. Of course, this doesn't mean minor things can be used to break the lease but necessary services can. Read this attached brochure (it's for East TN but the law is the same) to get an understanding of the law. You cannot withhold rent to force them to do the repairs. http://www.laet.org/getattachment/993c9198-f323-49c2-981a-3ea3327df17b/Tenant_Rights_Under_The_Uniform_Residential.aspx

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  • Can I sue my OBGYN?

    I was 5 months pregnant when I went to an OBGYN in June 2015. During my pregnancy I had high blood pressure, diabetes related to pregnancy and other conditions. Due to my age I should have seen a high Rick OBGYN but my regular OBGYN said it wasn...

    Stephen’s Answer

    It's possible. Speak to a medical malpractice attorney (many can be found here on Avvo) to see if they think you have a case. It's not possible for an attorney to determine if you have a case on this website without reviewing all your medical records. But you must act fast; the statute of limitations in Tennessee is one year. So this means you must either settle all claims with the doctors/hospital that you believe harmed you or file a lawsuit to stop the clock. If you wait beyond the one year, it's likely your claim would be barred by the statute of limitations. With your initial visit to the OBGYN in June 2015, it's possible the time period has already passed.

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  • Can I press charges against the car service Lyft?

    One of the drivers tried to assault me one night and I've had multiple times where others drivers drive like they do not car about others lives. And safety

    Stephen’s Answer

    You can file criminal charges against the driver that assaulted you but it's unlikely the police or DA would bring charges against Lyft for their driver's actions. Of course, you can always post poor reviews on the drivers and on the company online; and you can start using their competitors instead.

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  • Can I ask a question?

    I have a friend of a friend, that did something they total regret! They where charge with THEFT OF PROPERTY $500-$1000, BURGLARY - MOTOR VEHICLE, and BURGLARY - BUILDING. They didn't touch anything nor went in the building. This person has never b...

    Stephen’s Answer

    Your friend needs an attorney; it's possible that they may qualify for diversion, a form of probation that not only keeps them out of jail but also cleans their record if they complete the probation. And if they didn't go in the building or car they may have a valid defense to the charges. Obviously more details would be required to fully answer your question but be careful about posting too much information in this public forum.

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