Legal Question in Criminal Law in Tennessee
Criminal charge not in criminal code
Can one be prosecuted in a criminal court for an offense not listed, or made a crime or misdameanor in the criminal code?
1 Answer from Attorneys
Re: Criminal charge not in criminal code
Yes, they can be. They can also be convicted for it and sent to jail for it.
Now, read carefully, because I am not saying that any of that is LEGAL, or that it should happen, and in fact it is clearly prohibbitted under the law.
But it both can and DOES happen. I have represented clients before who have come to me AFTER it has happened. There are ways to prevent it, or to get it reversed if it happens, but that generally will require an attorney who has some clue what he is doing.
Anyone appearing in court without an attorney in a case like this in the hope of persuading the court of anything himself is extremely foolish.
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