Legal Question in Criminal Law in Tennessee

You have no obligation to talk to any TBI agent. Nothing good can come from it.

You should tell him/her politely but firmly "On advice of counsel I elect to exercise my constitutional rights to decline to make any statements or answer any of your questions."

1 - Why do you think they want to come into your house?

a - So they can take the posture that you are being questioned in a "non-custodial" setting. That's why they won't invite you down to the police station and close the door. Then they would have to advise you of your legal rights. They will sit on your living room couch give you a smooth talk about "just seeking the facts, we're only trying to get your side of the matter, etc. That is a lie. They are looking for evidence with which to prosecute you.

b - If you blunder into saying anything during the interview that they feel gives them probable cause to arrest you, the resulting "search incident to arrest" will be in your own house. If you have brought any paperwork to the meeting, it will leave in the possession of the TBI and you will have to fight to get it back.

2 - Don't think that just because Grandma doesn't want to prosecute that the state (or even the federal government) is barred from prosecuting you. First of all, Grandmother can be forced into court under a subpoena, whether she wants to go or not, and under oath and subject to the penalties of perjury she can be questioned as to whether or not that is her signature on the checks, and whether or not she authorized anyone else to sign the checks for her.

[Oh no!, you say, they wouldn't do that to a little old lady, would they? "Well ma'am," says the District Attorney, "I don't want to, but I will if I have to. Now if you just want to plead guilty and save me from the need to cause distress for Grandmother, sign here"].

And of course, if you husband has made an admission (not confession, admission) that he signed the checks or used the debit card without Grandmother's permission, that admission can be used in court to prove the truth of the matter asserted.

3 - If you/your husband have an otherwise clean record, Tennessee has provisions of law for what is called pretrial diversion and post-trial/judicial diversion that can be used to avoid a conviction even if you are charged with an offense. But that only becomes a factor if you are charged (by warrant or indictment) with a crime. If you are charged, each of you need a separate attorney.