Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

I got pulled over on a revoked license in Murfreesboro tn

Customer Question
pulling into mtsu who had...
I got pulled over on a revoked license in Murfreesboro tn pulling into mtsu who had a seizure. I have a doctors note saying he had a seizure. I have no other warrants or problems but I am on unsupervised probation. Did I just break probation or will the doctors note help. Need advice on what I should do.
Submitted: 2 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 1 minute by:
11/11/2015
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago
Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 585
Experience: Attorney at Law Offices of Khaled Issa
Verified

Hello:

I am deferring to another expert to better assist you in this area.

Ask Your Own Criminal Law Question
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

Hello:

I apologize for the mix up. I will be happy to assist you in your issue today.

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
Thank you It should say picking up a friend who had a seizure
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

First off, I want to ask, where you driving the vehicle prior to picking up your friend?

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
I was pulling into mtsu to pick him up. I live less than three minutes from the school
Customer reply replied 2 years ago
other than picking him up no
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

Ok. This matter is a bit more complicated because you were on probation. So, in addition to this new charge, you will have to deal with a possible violation of your probation.

First, I'd like to discuss the new matter as a result of your driving. What it seems you are concerned with is a possible defense to your driving on a suspended/revoked ticket. Tennessee recognizes what is called "necessity" as an affirmative defense. Necessity is present when a criminal act is justified if it is immediately necessary to avoid imminent harm. Also, the imminent harm can not have been caused by you. T.C.A. § 39-11-609.

When it comes to invoking an affirmative defense, there must be a trial. This is because the jury or judge must determine if: a) the facts present indicate the possibility of an imminent harm and b) whether the Tennessee case law would also recognize your argument as valid under the law.

Furthermore, you, as the defendant, would bear the burden of proof in showing the necessity. In essence, an affirmative defense can be construed as "Yes, I committed the crime, but....". As you can see, these arguments are not always successful, but many are.

The fact that your friend, presumably, called you and he was in an a scenario where he would be severely injured, or worse, and you had no other ways to get him. There may be an argument.

However, these types of issues are very fact intensive, so I cannot say whether I believe there would be a successful argument. For instance, why didn't he call 911? Why didn't you call 911? Did you have anyone else who could have driven you or driven your friend? Where were you planning on going after getting to your friend?

These are all questions that need to be answered prior to addressing whether your driving can be excused. If you can respond to this post with those answers, I can better evaluate your ability to provide the defense.

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
He is a disabled student at mtsu he has a record of seizures and they released him to get picked up from there "hospital " His wife is a teacher and at work. I guess he could of got a taxi but he really isn't there after seizures so that wouldn't be safe really. But he had medical attention just no way to leave the school
Customer reply replied 2 years ago
I'm on unsupervised probation everything has been paid off I don't know if that helps
Customer reply replied 2 years ago
my roommate was at work I was home alone so no one could drive me
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

Was he outside of a hospital when the seizure occurred?

My concern here would be the fact that you could have, and should have, called 911 as you: 1) knew he was in medical trouble and 2) must have known where he was located as you were driving there. While there was definitely harm here that outweighed you breaking the law in driving, the immanency is the element that you may not be able to show. This is because the more prudent course of action would have been to call 911 as they are trained to deal with the medical emergency and, more importantly, could have gotten to the scene much quicker.

Unfortunately, I do not believe, based on the facts given to me, that your defense of necessity would be successful. However, if found guilty or if you plead guilty, this is a very strong piece of mitigation (i.e., being punished less severely than if you were out for a simple joy ride or driving to the store).

As for the probation, what was it probation for?

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
He was in the rec where the medical area is when it happened so he really didn't have to go anywhere. And a dui April 2014
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

A universal condition of probation is that you do not commit any offense during the period of probation. If an offense is committed, the State can file a Violation of Probation. They then have two options generally. They can wait until the new case is resolved and, if there is a finding of guilty or a plea of guilty, that can be sufficient to violate your probation. Or, alternatively, they may proceed with a hearing on the Violation. Because violation of probation matters are not criminal matters, they do not have to prove you guilty of violating the probation beyond a reasonable doubt, they only have to show that you violated by a preponderance of the evidence (which means more likely than not, at least 51%). As you can see, violations of probation are generally easily won by the State.

When you have been found to have violated the probation, you can be: re sentenced to the maximum allowed under the law for the original violation, have the probation terminated unsatisfactorily, be re-instated to the probation (given a second chance), assessed additional fines and fees or any combination thereof.

Depending on your criminal history, and the facts of the underlying basis of violation (driving to help your friend), an attorney may be able to argue to the Court and obtain the best of a bad situation (which in this case, would be re-committing you to the probation, which acts as a second chance).

This is where a doctor's note, or your prior statements to police, regarding your friend may be helpful. In showing the Court that you technically violated probation only because of an emergency, you may be able to have a second chance at the probation. However, it is highly suggested that you hire an attorney in your jurisdiction to do so, as they will be familiar with the likelihood of such an outcome and how the Court may feel about the argument.

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
Thank you
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

Please feel free to ask any follow up question that you have. If you are happy with the assistance I've provided, please leave positive feedback so I may be credited for my response. Thank you!

Ask Your Own Criminal Law Question
Ask Legal-Kal Your Own Question
Legal-Kal
Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 585
585 Satisfied Customers
Experience: Attorney at Law Offices of Khaled Issa

Legal-Kal is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
When in a trial is there a sentencing guideline and the
when in a trial is there a sentencing guideline and the judge said i had a 0 rating what does that mean i have misdameanors and summaries… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I am in court for criminal mistief in the state of indiana
i am in court for criminal mistief in the state of indiana marion county. I am illeged to break a windo . I am being charged with a felony because the total cost is said to be over 2500 dollars. I wan… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Can a defendant fire his attorney in the middle of a trial
Can a defendant fire his attorney in the middle of a trial because he is receiving inadequate counsel? The attorney in question is willing to admit to same.… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
TO A PRE-TRIAL HEARING IN THE AM AND THE CHARGE IS
I AM GOING TO A PRE-TRIAL HEARING IN THE AM AND THE CHARGE IS SHOPLIFTING BY CONCEALING MDSE - 38 VARIOUS FLOWER PACKETS VALUE UNDER $250 OFFENSE COE 266/30A/D I HAVE BEEN UNDER DOCTORS, THERAPIST, AN… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
Can I be cited for criminal Trespass from the tennis courts
Can I be cited for criminal Trespass from the tennis courts on a school grounds entirely at the discretion of the school officials… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,175 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,251 satisfied customers
It's a criminal law question It's a criminal law question.
It's a criminal law question It's a criminal law question … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,251 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Can we extend court trial date just before two days of trial
Can we extend court trial date just before two days of trial date. If Yes what are the possible reason may judge and state attorney agreed for extension.… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,251 satisfied customers
Is it possible to extend the court trial date. If Yes, how
Is it possible to extend the court trial date. If Yes , how and when need to be informed before court trial date.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,423 satisfied customers
Can a criminal defendant in a VA Circuit Court, withdraw his
Can a criminal defendant in a VA Circuit Court, withdraw his Motion To Suppress Evidence ans refile it when the necessary witness is available? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,423 satisfied customers
In, county, Illinois criminal court regarding someone
In cook, county, Illinois criminal court regarding someone charged with aggravated battery(not the lawyer), is an outside criminal lawyer (meaning, he didn't have anything to actually do with the case… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
During trial and post trial, court will document the
During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they not conducting c… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,423 satisfied customers
Second opinion] During trial and post trial, court will
Second opinion] During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Criminal (murder) trial in progress in San Diego. My
Criminal (murder) trial in progress in San Diego. My daughter lives in Kansas. The paralegal for the DA sent her an email "subpoena" - must she attend? California Penal Code 1330 seems to rule out the… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x