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I was married 10yrs to my wife which it happen while she in prison. Can a Judge appoint her an attorney to represent in the case: My attorney filed the divorce. My wife answer to complaint as per sa through the whole time my attorney working on my case she was filing paper from prison as per sa. The day of trail my attorney went into the Judge chamber during a reset from other cases. Judge come out and say to my wife which she was supeona to court and said he going to appoint her attorney from law firm his wife work at, from that time it was down hill for me. Can a judge do that or did it come from someone else?

Asked over 3 years ago in Divorce

John’s answer: It is unusual. It sounds like you were attempting to hold her in criminal contempt in which case she is entitled to an attorney. The court may have sen cause to appoint a gaurdian ad litem or a conservator as well. Speak with your attorney and I am sure they can explain it to you.

Answered over 3 years ago.


Confusion about charges, unsure whether this will be charged as aggravated assault or domestic aggravated assault and sentencing: My friend lives in Tennessee. She and her boyfriend try to refrain from drinking, he is a recovering alcoholic and she tries not to drink but is hard for her when it is around. One night, she tried to stay away from her home because he had liquor, later that night he invited her over to have just a couple drinks. She stabbed her boyfriend of 3 and a half yrs, in the arm. She cannot remember why, and has never done anything like this before. She thinks he may have been trying to stop her from leaving. She has never been on trouble with the law ever before, and is terrified she will face jail time or even attempted murder, because she fled after putting cotton shorts on the wound and calling the police and hanging up so they would take him to the ER. What kind of sentence is could she face?

Asked almost 4 years ago in Domestic Violence

John’s answer: Although Attempted Murder may be a stretch, your friend may face Aggravated Domestic Assault. This is a serious "C" Felony (3-6 years) but she would be eligible for probation or even a Judicial Diversion. An experienced criminal defense attorney who practices in her area and who is familiar with the judges and prosecutors in her area will help her develop her best defense which may include diminished mental capacity and others based upon physiological and psychological disorders. Good luck and get her a good lawyer involved before she is charged or as early on in the process as possible.

Answered almost 4 years ago.


I got caught with a half ounce of marijunna and am being charged with simple possession. This is my first ever criminal offense.: I am a working college student, who never gets into trouble, and am set to graduate this winter. What type of punishments should I expect?

Asked almost 4 years ago in Criminal Defense

John’s answer: You should hire an attorney who is experienced in criminal defense and who practices regularly in your area. You certainly should refrain from any further criminal activity including using illegal drugs. Provide your attorney with a copy of your transcript and any other accolades you may have earned. In order to be eligible for Diversion as discussed above, you will need to provide verification from the Tennessee Bureau of Investigation of your eligibility. This may be obtained from the TBI's website. Good luck and hire attorney.

Answered almost 4 years ago.