I'm currently litigating this very issue in Memphis, I had to got to the appeals court to say this but "yes you can thanks to me." I cannot believe how often this happens and they act like it's no big deal. It's unforgivable.
Claiborne H. Ferguson, Esq. is * Certified as a Specialist in Criminal Trial Advocacy by the National Board of Trial Advocacy. * Certified as a Specialist in Criminal Trial Advocacy by the Tennessee Commission on Continuing Legal Education and Specialization.
Mr. Ferguson nailed this one. Consult with an attorney near you soon.
Call 615-736-9596 for consultation. This answer does not create an attorney-client relationship. This answer is for information only. Call me or another attorney to represent you.