Tennessee Felony Expungement Attorney #tennessee #felony #expungement #attorney, #expunging #felony #tennessee, #felony #expungement #lawyers #knoxville

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Erasing Tennessee Felony Convictions

Oftentimes, a single lapse in judgment, resulting in a Tennessee felony conviction, can plague a person throughout his or her life. A felony criminal record can impact your life in far-reaching ways–from job opportunities to your citizenship rights. However, you may now be able to have your felony Tennessee criminal charge expunged from your public record.

Consult the list below to determine if you are able to petition a Tennessee court to have your felony criminal conviction erased from your record. If you have not done so already, please also click here to determine your general eligibility to have your Tennessee criminal conviction expunged.

If you are eligible and would like to petition the court for expungement of your felony Tennessee criminal record, or have questions about your eligibility, contact the Tennessee expungement lawyers at Oberman Rice at (865) 249-7200.

Tennessee Felony Offenses That CAN Be Expunged (In the order listed in the Tennessee Code Annotated)

If your Tennessee felony conviction is listed below, you may be eligible to have your conviction erased from your Tennessee criminal history. For additional eligibility requirements, please click here .

  • Accessory after the fact;
  • Custodial interference where person not voluntarily returned by defendant;
  • Knowing dissemination of illegally recorded cellular communication;
  • Theft ($501-$999);
  • Forgery (up to $1,000);
  • Criminal simulation (up to $1,000);
  • Hindering secured creditors;
  • Fraud in insolvency;
  • Fraudulent use of credit card or debit card ($501-$999);
  • Worthless checks ($501-$999);
  • Destruction of valuable papers ($501-$999);
  • Destruction or concealment of will;
  • Fraudulent or false insurance claim ($501-$999);
  • Fraudulent qualifying for set aside programs ($501-$999);
  • Theft of trade secrets ($501-$999);
  • Sale of recorded live performances without consent ($501-$999);
  • Unauthorized solicitation for police, judicial or safety associations;
  • Fraudulent transfer of motor vehicle with value of less than $20,000;
  • Communication theft ($501-$999 punishable by fine only);
  • Home improvement fraud ($501-$999);
  • Burglary of an automobile;
  • Vandalism ($501-$999);
  • Utility service interruption or property damage;
  • Aggravated criminal littering (2nd and 3rd offenses involving certain weight or volume);
  • Violation of Tennessee Personal and Commercial Computer Act ($501-$999);
  • Unsolicited bulk electronic mail ($501-$999);
  • Taking telecommunication device into penal institution;
  • Impersonation of licensed professional;
  • Evading arrest in motor vehicle where no risk to bystanders;
  • Failure to appear (felony);
  • Gifts of adulterated candy or food;
  • Manufacture, delivery, sale or possession of Schedule V drug (fine not greater than $5,000);
  • Manufacture, delivery, sale or possession of not less than 1/2 ounce and not more than 10 pounds of Schedule VI drug marijuana (fine not greater than $1,000);
  • Manufacture, delivery, sale or possession of Schedule VII drug (fine not greater than $1,000)
  • Simple or casual exchange (3rd offense);
  • Selling glue for unlawful purpose;
  • Counterfeit controlled substance; and
  • Unlawful drug paraphernalia uses and activities.

Tennessee Felony Offenses That CAN Be Expunged (Alphabetized)

  • Accessory after the fact;
  • Aggravated criminal littering (2nd and 3rd offenses involving certain weight or volume);
  • Burglary of an automobile;
  • Communication theft ($501-$999 punishable by fine only);
  • Counterfeit controlled substance; and
  • Criminal simulation (up to $1,000);
  • Custodial interference where person not voluntarily returned by defendant;
  • Destruction of valuable papers ($501-$999);
  • Destruction or concealment of will;
  • Evading arrest in motor vehicle where no risk to bystanders;
  • Failure to appear (felony);
  • Forgery (up to $1,000);
  • Fraud in insolvency;
  • Fraudulent or false insurance claim ($501-$999);
  • Fraudulent qualifying for set aside programs ($501-$999);
  • Fraudulent transfer of motor vehicle with value of less than $20,000;
  • Fraudulent use of credit card or debit card ($501-$999);
  • Gifts of adulterated candy or food;
  • Hindering secured creditors;
  • Home improvement fraud ($501-$999);
  • Impersonation of licensed professional;
  • Knowing dissemination of illegally recorded cellular communication;
  • Manufacture, delivery, sale or possession of not less than 1/2 ounce and not more than 10 pounds of Schedule VI drug marijuana (fine not greater than $1,000);
  • Manufacture, delivery, sale or possession of Schedule V drug (fine not greater than $5,000);
  • Manufacture, delivery, sale or possession of Schedule VII drug (fine not greater than $1,000)
  • Sale of recorded live performances without consent ($501-$999);
  • Selling glue for unlawful purpose;
  • Simple or casual exchange (3rd offense);
  • Taking telecommunication device into penal institution;
  • Theft ($501-$999);
  • Theft of trade secrets ($501-$999);
  • Unauthorized solicitation for police, judicial or safety associations;
  • Unlawful drug paraphernalia uses and activities
  • Unsolicited bulk electronic mail ($501-$999);
  • Utility service interruption or property damage;
  • Vandalism ($501-$999);
  • Violation of Tennessee Personal and Commercial Computer Act ($501-$999);
  • Worthless checks ($501-$999);

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Felony DUI: Alcohol #is #a #dui #a #felony #in #ga

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Felony DUI: Alcohol

Drunk driving is often referred to as driving under the influence of alcohol, or DUI, but can also be known as as driving while intoxicated, or DWI, or by similar terms. Regardless of the language used, it is a crime in every state, and one that often comes with significant penalties. In the last several decades states have become increasingly intolerant of drunk driving and have imposed harsher penalties. While many DUI crimes are considered misdemeanor offenses, felony DUI charges are also possible depending on the circumstances surrounding the offense.

It is also against the law to drive while under the influence of drugs, whether they are legally used (such as a prescription) or are illegal (such as marijuana). For more information on driving under the influence of drugs, see Felony DUI: Drugs .

Felony or Misdemeanor

When a person is charged with a DUI offense, the crime is charged as either a felony or a misdemeanor. A misdemeanor crime is a less serious offense than a felony, with less significant penalties. Felony offenses can result in a year or more in prison, plus substantial fines and other penalties, while misdemeanor DUIs can result in maximum of up to a year in jail.

What differentiates a felony offense from a misdemeanor offense depends entirely on state laws and the circumstances of the case. This means, for example, that a driver might be charged with a felony DUI in one state, while if the same crime had occurred in another state it might be charged as a misdemeanor. While state laws on felony DUI differ, and often significantly, there are several common factors that make a DUI a felony instead of a misdemeanor. These are often referred to as aggravating factors or aggravating circumstances.

Blood Alcohol Level

One of the ways a misdemeanor DUI can rise to the level of a felony DUI is when a driver has had a lot to drink, so much so that his or her blood alcohol concentration. or BAC, is above a legally specified amount. For example, most states set a BAC of .08 percent as the minimum level a person must have to be charged with a DUI. If a person’s BAC is significantly higher, say 0.16 percent or more, that’s can lead to a felony DUI charge.

Injury

A DUI can be charged as a felony if the driver was involved in an accident that resulted in injury or harm. For example, if you get into a crash while driving with a BAC over the legal limit, you probably won’t be charged with a felony DUI unless other factors are present. However, if someone is injured because of the crash, that is often enough to elevate the crime to a felony offense. It doesn’t matter if the injured person is a passenger or the drunk driver, and any DUI incident that results in someone getting harmed or injured can lead to a felony DUI charge.

Previous Offenses

Habitual or repeat offenders often face felony DUI charges if they have had previous DUI convictions within a specified time limit. For example, a state may categorize a DUI as a felony if the driver has been convicted of three or more DUIs within the previous seven years. However, some states are more strict about previous offenses, and a single conviction within the previous 10 years can automatically elevate the new DUI offense to a felony.

Child in the Vehicle

If you’re found driving under the influence with others in the car, you may also faec a felony DUI charge instead of a misdemeanor. Driving with a child in the vehicle is considered a felony offense in many states. A child, for the purposes of the DUI offense, is typically any person under the age of 16.

Driving With a Suspended License

A person who drives with a suspended license can also face a felony DUI regardless of other aggravating factors. When you have your license suspended you are no longer legally permitted to drive. If you are found to be driving under the influence of alcohol while on a license suspension, this is often enough to raise the DUI from a misdemeanor to a felony offense.

Penalties

Felony DUI penalties are often significant, and anyone convicted faces serious fines as well as the potential of a lengthy incarceration. However, penalties for DUI differ among states, and courts have some discretion in determining what penalty to impose, so sentences can differ significantly from case to case.

  • Prison. Felony DUI convictions can result in lengthy terms in a state prison. State laws differ widely on prison terms, but sentences of seven years or more are possible.
  • Fines. Courts can also impose fines for people convicted of felony DUI. Amounts differ, but fines of $10,000 or more are possible.
  • Probation. Probation is a possibility in some felony DUI cases. A court can choose to impose a probation sentence instead of, or in addition to, prison time or fines. Those on probation have restricted liberties, meaning they must comply with numerous restrictions and conditions the court imposes. These often include receiving drug and alcohol counseling, not being around alcohol or in locations where alcohol is present, maintaining employment, submitting to random drug and alcohol tests by a probation officer, and not committing any more DUIs or other criminal offenses.
  • Drivingrestrictions. Driving under the influence can also result in a loss of driving privileges. Driving isn’t considered a legal right, and driving privileges are revoked by state administrative procedures. This means that a person charged with DUI essentially faces two trials: the criminal trial and the driver’s license administrative trial. The administrative penalties for a felony DUI are limitations or suspensions of the driver’s license and driving privileges. Suspension periods typically last at least 90 days, but can last several years or longer depending on the state and the circumstances of the case.

Talk to a Lawyer

A felony DUI is a very serious crime, and one that could result in a lengthy prison sentence. Even if you aren’t convicted of the crime, being charged with a DUI is enough for the state to restrict or remove your driving privileges, something that could seriously disrupt your life. Any time you are facing a DUI charge you need to speak to an experienced criminal defense attorney as soon as possible. Your ability to remain free and keep your license may hinge upon what you say during the criminal justice process, and only a local attorney who knows the local prosecutors, police, and courts can give you advice about your case.

Talk to a Defense attorney


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Felony DUI Attorney in Las Vegas, Clark County, NV #felony #dui, #dui #with #prior #convictions,

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Felony DUI Attorney in Las Vegas

Although the vast majority of DUI offenses in Nevada are charged as a misdemeanor, there are several different ways in which a DUI can be charged as a felony. In Nevada, a DUI can be charged as a felony if the driver already has a certain number or type of prior drunk driving-related convictions. Additionally, a DUI can be charged as a felony offense if the DUI causes death or serious injury to someone else.

A felony DUI in Nevada comes with increased penalties and the possiblity of time in jail, depending on the nature of the charges. If you were arrested for a felony DUI offense in Las Vegas, or anywhere in the surrounding areas of Clark County, then contact a criminal defense attorney at Gallo Law Office.

Gallo Law Office represents clients charged with a felony DUI throughout Clark County, including North Las Vegas and Henderson. Call (702) 385-3131 to schedule a free consultation about your case. James C. Gallo can help you fight to have your charges reduced or even dropped.

Information About Felony DUI Charges

DUI with Prior Convictions in Nevada

Depending on a person’s previous record, he or she could face felony charges for a DUI. Nevada Revised Statute 484C.400 provides for two different types of felony DUI offenses based on prior convictions.

Third DUI Within Seven Years

NRS 484C.400(1)(c) provides a third conviction for DUI within a seven-year period is a felony. Under Nevada law, the two prior misdemeanor offenses must have occurred within seven years of the third offense. The date of conviction is irrelevant because only the date of offense matters. Speer v. State. 116 Nev. 677, 5 P.3d 1063 (2000). Read more about a third DUI in Nevada within seven years.

The prior DUI convictions can be from Nevada or from some other state if the prior punishes for the same or similar conduct. This means a person could have two DUI offenses on his or her record in California and face a felony in Nevada for a third offense within seven years. Although as a practical matter, it is often more difficult for the prosecutors to prove the prior convictions when they occurred out of state.

In many of these cases, the prior out of state DUI cases will not even show up on the driving record. In some cases, the NCIC (National Criminal Information Center) rap sheet will show the prior offenses. If you have prior DUI convictions from out of state, talk with an attorney about whether those prior convictions will show up and how it will impact the way your case is resolved.

NRS 484C.400(1)(c) provides that a third offense within seven years of the first offense is a felony DUI punishable by between one and six years in prison and a fine between $2,000 and $5,000.

Prior Felony Conviction

A conviction for DUI is a felony if the defendant has previously been convicted of a felony DUI, according to NRS 484C.400(2). Unlike a third offense DUI, the prior felony need not have occurred within seven years of the present offense. In this case, any felony DUI conviction constitutes a prior felony conviction.

The prior felony DUI conviction can be from Nevada or from some other state if the prior punishes the same or similar conduct.

Under NRS 484C.400(2), any DUI conviction following a felony DUI conviction is punishable by between two and 15 years in prison and a fine between $2,000 and $5,000.

DUI with Injury or Death

A person also could face felony charges for a DUI if he or she causes serious bodily harm to another person or kills someone while driving under the influence. This could apply whether the person is intoxicated by alcohol, drugs or a prescription medication.

According to NRS 484C.430, a defendant who drives while impaired and causes death or substantial bodily harm to another person can be charged with a felony DUI. This charge is classified as a category B felony and is often called “DUI with Substantial Bodily Harm .”

This type of DUI felony offense could be punishable by imprisonment in the Nevada state prison for a minimum of not less than two years and a maximum of not more than 20 years. A person also could be ordered to pay a fine between $2,000 and $5,000.

Felony DUI Court in Las Vegas, Clark County, NV

Administrative Order 2010-09 (Regarding Felony DUI Court) signed on June 10, 2010, ordered that the Felony DUI Court in Las Vegas, Clark County, NV, would be transitioned from Judge Kathy Hardcastle to Judge Jackie Glass.

The Eighth Judicial Circuit for the District Court of Clark County has found that “the management of Felony DUI Court is a matter of great importance to the community, to public safety, and to the operation of the district court.”

In 2007, the Nevada Legislature created Felony DUI Court which was managed by Chief Judge Kathy Hardcastle since its inception until July of 2010 when the transition to Judge Jackie Glass became effective.

Finding a Felony Drunk Driving Attorney in Las Vegas

If you need a drunk driving defense attorney in Clark County, Nevada, contact James C. Gallo. With offices located near the courthouse in downtown, Las Vegas felony DUI defense attorney James C. Gallo is experienced in fighting complex DUI cases.

Find out more about fighting a felony DUI case in Nevada involving a refusal to submit to testing or a breath test, blood test or urine test. Learn more about enhanced penalties that might apply after you are found driving with an open container of alcohol, the possession of drugs, or a child passenger. Find out the impact of an allegation that the DUI involved property damage or personal injury.

Meet Our Attorney

A dedicated criminal defense lawyer, James C. Gallo fights for the rights of the accused in Las Vegas.

818 S Casino Center Blvd
Las Vegas. NV 89101

Available 24 hours / 7 days a week

DISCLAIMER: The information you obtain at this criminal defense website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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Copyright 2015 – 2017 Gallo Law Office All Rights Reserved. Website Design for Criminal Defense Lawyers by Internet LAVA, LLC.


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Connecticut Criminal Laws – CT Felony – Misdemeanor Criminal Charge – Arrest – Connecticut Criminal

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Connecticut Criminal Laws Penalties

If you ve been arrested or charged with a crime in Connecticut, it makes sense to evaluate all of your defense options under the law, even if you think you may be guilty. There are always defenses, and any case can be won. But if you do decide you want to plead guilty, that doesn t mean you shouldn t get the best and fairest deal possible .

Please contact me today to consult with an experienced Connecticut criminal defense lawyer before making any statements to the prosecution, or making any deal. If you don t, you ll never know if you got a fair offer. or if your case really should have been dismissed on legal, constitutional, or procedural grounds. And once you make a deal, that s it, it s over. You can t go back if you decide you didn t make the right decision.

Call me now for a no obligation case review and criminal legal consultation, on any Connecticut charge at (203) 418-8553.

I Fight Connecticut Criminal Charges

Any Connecticut criminal charge can be serious. Felony offenses frequently have mandatory jail time attached if you are convicted. Even Misdemeanor offenses can carry jail time, driver s license suspensions, and will have other costly and difficult restrictions on your life and your future.

I have successfully represented people facing a wide variety of criminal charges. Some of the charges I defend include:

  • Drug Possession Charges. possession of marijuana. heroin, cocaine, meth, amphetamines, ecstasy/MMDA, GHB, LSD, mushrooms, prescription drugs, steroids, and any other narcotic or controlled substance.
  • Serious Drug Offenses. Distribution, sale, manufacture, cultivation, trafficking, and school zone violations .
  • Traffic Crimes. DUI. Suspended license violations. moving violations, careless/reckless driving. leaving the scene of property damage or injury, operating without insurance
  • Violent Crimes. Assault. Murder, Manslaughter
  • Sexual Crimes. Rape, Statutory Rape, Sexual Assault, Child sex crimes and abuse
  • Property Crimes. Theft, Shoplifting. Larceny, Criminal Mischief. Arson, Burglary
  • Family Crimes. Domestic Violence. domestic abuse, restraining order and protective order violations
  • White Collar Crimes. Embezzlement, Bad checks. Credit Card Theft, Computer Crimes, Fraud, Conspiracy, Identity Theft
  • Weapons Charges. Illegal Possession of a Weapon. Unlawful Discharge of a Firearm, Commission of a Felony with a Gun
  • Juvenile Crimes. Any crime committed by a minor is handled in juvenile court, where the rules of criminal procedure can be quite different.
  • And more: breach of peace, disorderly conduct. harassment, stalking, threatening. trespass, outstanding warrants (failure to appear in court) and many other offenses that are considered criminal charges under Connecticut laws.

Penalties for Criminal Charges in CT

Connecticut Felonies

Felony charges are those that have a minimum jail sentence if found guilty, typically a year or more.

Violations and Infractions

Violations and Infractions are not crimes, they are civil penalties, so they do not give you a criminal record. A violation is punishable by a maximum fine of $500, and some specific violations have lesser maximum fines.

An infraction has a fine of up to $90, plus additional fees and surcharges that may go as high as $300.

Typical violations and infraction are motor vehicle offenses such as traffic tickets, speeding tickets, possession of alcohol by a minor, and various city ordinances.

You do not need to make a court appearance for either a violation or an infraction. You can choose to pay your fine by mail.

Additional Penalties and Collateral Consequences

Many professional licensing boards have standards that prohibit anyone with a criminal record from being admitted or certified.

And now that all criminal convictions in Connecticut are posted online publicly. your criminal record could easily become a scarlet letter that haunts you forever.

Please call me for a consultation or contact me. I will fight for you and look for every opportunity to avoid sticking you with this permanent criminal record.

Call (203) 418-8553 for your case evaluation. It is free, confidential, and there is no further obligation.

You will always speak with me, Erin Field, the attorney.

100% Success

I have a 100% success rate for first-time offenders. Ask me how I can help you!


Nate Stark Criminal Defense Lawyer Austin Texas #austin #tx #family #violence #lawyer, #dwi #lawyer #austin

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I have operated a solo practice in Austin, Texas since 1981. My primary area of practice involves all areas of criminal law. I have tried hundreds of criminal cases involving charges of DWI, family violence and all felony crimes including murder, aggravated sexual assault, possession of controlled substances, possession of child pornography and various white-collar crimes. I have represented defendants in numerous federal district courts across the United States for drug offenses involving hundreds of thousands pounds or marijuana and multiple pounds of cocaine and methamphetamine. My office also represents clients for driver license suspensions and expunctions.

I was graduated from the University of Texas and University of Texas Law School in 1976. I began my career as a Misdemeanor prosecutor for the Travis County Attorney s office where I tried many misdemeanor jury trials for two years. I joined the office of the Travis County District Attorney in 1978 where I served as a chief prosecutor in the trial division for two and half years. During my career as a prosecutor I tried numerous jury trials involving murder, aggravated robbery, aggravated sexual assault and other felony crimes.

The experience of over 30 years in the criminal field provides my clients with the knowledge of how to prepare a case for trial or how to best position my clients for an advantageous plea bargain. The best defense is always a good offense. and having a lawyer who is respected by opposing counsel can make a huge difference in the outcome of plea negotiations. Only an experienced trial lawyer can successfully defend a criminal defendant in court. Some lawyers never try cases because of their lack of experience. A trial is always an option if I am representing you.

At my office I treat every client as an individual, not as another legal fee. I never advertise, and all of my referrals come from satisfied clients, not from advertising. I pride myself in using every effort to explore getting charges against my clients dismissed through the aggressive use of the available laws or facts. If a dismissal cannot be obtained, I endeavor to be certain that my clients have all the information available for them to make the decision on how to attack the criminal charge against them. If a trial is a necessary or advisable, my clients can feel secure with their representative in the courtroom because I have the experience and personality to present the most effective case. If the case must be negotiated, my experience will assure the best plea bargain available.

I hope this Web site and the information it contains will be useful for your understanding of the criminal justice system, but this Web site is not legal advice. In order for my office to give you appropriate legal advice, I would have to discuss the particular facts and the law surrounding your individual case.

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