Legal Question in Criminal Law in Tennessee

Do misdemeanors follow me when I move?

My 18 year old daughter was arrested in Kentucky for possession of marijuana, a misdemeanor. She received a fine. Less than 1 month later she was arrested again in our home state of Tennessee for the same thing. Will the KY arrest have any effect on the TN arrest?


Asked on 11/15/06, 3:36 pm

2 Answers from Attorneys

Jes Beard Jes Beard, Attorney at Law

Re: Do misdemeanors follow me when I move?

Each can be effected by the other. If KY learns of the TN charge, the KY court can revoke her probation. If TN learns of the KY conviction, the TN court should increase her sentence. If your daughter lies in either court about the other charge or what has been done with it, she could be charged with and convicted of perjury, a far more serious offense. And if your daughter doesn't stop using pot, she is likely to waster her life away. Now, all of that said, most arrests for simple possession of marijuana involve illegal police searches or stops, and if that is shown to the court, then the evidence should not be allowed in the the new charge should be dismissed. Your daughter needs an attorney who knows what he is doing in criminal court. If she would like to discuss her case, have her contact me thru my website at jesbeard.com There is a wealth of information on there about what she sould expect in court here in Tennessee.

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Answered on 11/16/06, 8:26 am
David Heroux Haymaker & Heroux P.C.

Re: Do misdemeanors follow me when I move?

Your daughter�s Kentucky conviction for Simple Possession can be used to increase her punishment for a subsequent Simple Possession charge in Tennessee. In addition, In Tennessee, a person having two or more prior Simple Possession charges will charged with Felony Simple Possession.

Your daughter needs a lawyer. You may contact me via telephone at the numbers provided on my Website at TennesseeDefense.com for a free consultation.

David R. Heroux

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Answered on 11/16/06, 12:11 pm


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