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Steven Oberman

Steven Oberman’s Answers

4 total

  • Will my dui Charge show up on a employer criminal backround check

    I was charged with dui first offense no priors. I was arrained and release on my own recognicence the case was adjourned until April pending motions by my lawyer will this charge which hasn't been prosucuted show up on a backround check since I ha...

    Steven’s Answer

    While one can never be certain what will appear on computer records, the normal practice is that only convictions are reported to the Dept. of Safety. However, if an employer checked your criminal history in that particular court or jurisdiction, the case will likely appear as "pending."

    Of further concern are independent companies which post ARREST records on the internet for purchase by the public. If the issue comes up, remind your employer that the law states you are innocent unless proved guilty.

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  • What is the statute of limitations on a charge of theft over 1000?

    I need to know what the statute of limitations is for a criminal charge?

    Steven’s Answer

    It actually depends on the value of the property which was taken.

    Theft is a Class D felony if the value of the property or services obtained is one thousand dollars ($1,000) or more but less than ten thousand dollars ($10,000);

    Theft is a Class C felony if the value of the property or services obtained is ten thousand dollars ($10,000) or more but less than sixty thousand dollars ($60,000); and

    Theft is a Class B felony if the value of the property or services obtained is sixty thousand dollars ($60,000) or more.

    Tennessee law requires that prosecution for a felony offense shall begin within:

    (1) Fifteen (15) years for a Class A felony;

    (2) Eight (8) years for a Class B felony;

    (3) Four (4) years for a Class C or Class D felony; and

    (4) Two (2) years for a Class E felony.

    I hope this answers your question.

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  • DUI transfer from state to state

    i was arrested for a dui in TN, and have a DUI in CT from abotu 4 years ago i understand that it is on my driving record, but can this new one if convicted be a second offense?

    Steven’s Answer

    Any prior conviction for the offense of DUI which occurred in the last 10 years, and sometimes which occurred in the last 20 years, may be used to increase the punishment of a current DUI. This is true even if the prior conviction(s) were in another state.

    It is important to note that even if a defendant has no prior DUI convictions, if he or she has more than one DUI case pending at the same time, the defendant may nevertheless be prosecuted as a multiple offender. For instance, if the defendant receives his or her first conviction before the conclusion of another other pending DUI case, the pending case can then be amended to reflect a multiple offense.

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  • Do I need a criminal attorney?

    I suffered a brain injury several years ago and now have an unsteady gait, slured speech and it takes me longer to process information. I was recently arrested in texas for PI and resisting arrest. I was not intoxocated. I was asked to leave a sto...

    Steven’s Answer

    I strongly suggest you obtain a card/letter/bracelet from your physician oulining your medical condition so this problem is not repeated. Such cards are available for MS patients. Otherwise, you may wish to consult with a personal injury or civil rights lawyer in your area.

    In most jurisdictions, the police are not required to administer a chemical test to determine whether you are under the influence of an intoxicant. Good Luck,

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