Legal Question in Criminal Law in Tennessee

How far back can the government go back and pull charges to determine a sentence on a now case?


Asked on 2/09/10, 8:58 am

1 Answer from Attorneys

There is no limit on how old a prior conviction can be when it is used to:

1 - Increase the punishment because you have been convicted of a new crime, or;

2 - Increase the "Range of Punishment" (Range II offender, Range III offender) so as to increase the punishment that can be imposed if you are convicted of new felony offenses.

There are limits (generally 10 years, but there are exceptions and rules for counting) for how long prior convictions can be used for multiple offenses (for example, when a DUI will be counted to make another DUI a second or third offense); or when a prior conviction can be used against you at trial by a jury to impeach your credibility if you testify.

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Answered on 2/23/10, 12:49 pm


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