Asked in Criminal Law and Federal Crimes for Tennessee

Q: Can a person receiving a new felony charge be careered out over charges that were 35 years older.

I received new charges that are felonies and the state is trying to bring up charges that I plead guilty to over 35 years ago in order to give me a 25-year sentence based on my new charges is that even applicable

Related Topics:
2 Lawyer Answers
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Yes old felonies affect new felony sentences. Hire a competent attorney, as you may need to try the case if there is little to lose.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: When facing new felony charges, the state can sometimes use prior convictions to enhance the sentence, depending on the laws in your jurisdiction. However, the fact that your previous charges are over 35 years old might play a role in whether they can be used against you. Different states have various rules regarding the look-back period for prior convictions.

You should look into whether your state has a statute of limitations on using old convictions for sentence enhancements. In some cases, very old convictions might not be applicable, or there might be legal arguments to reduce their impact on your current charges.

It's crucial to get detailed legal advice specific to your case. Consider consulting with a legal expert who can review your history and the current charges to give you tailored advice.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.