Archive for category Criminal Record
Underage Consumption: What a Headache.
Posted by Arrin Zadeh in criminal offense, Criminal Record, Frequently Asked Questions, Legal Rights on March 7th, 2024
As most folks should know, if you are under the age of 21 you are not allowed to consume alcohol in Tennessee (and all other states in the U.S.). In fact, an underage person who has been drinking or is in possession of alcohol could find themselves in trouble not only criminally, but also academically. The days of college kids getting a “slap on the wrist” for underage consumption are gone. Getting caught underage drinking, at a bar or elsewhere, and being asked to leave/safely get home is no longer the norm. More and more underage individuals are being arrested for drinking underage and the consequences are much more serious than just a headache from a bit too much to drink.
Under Tennessee law, an offense of Underage Consumption is codified in T.C.A. § 1-3-113. The code sets out that if one is underage (under 21 years of age) and that person is arrested or cited for drinking/possessing alcohol (among several things), the punishment can be up to 11 months and 29 days in jail, if convicted. This means the offense of Underage Consumption is a Class A Misdemeanor, the most serious class of Misdemeanor Offense in Tennessee. Additionally, the individual faces up to a $2,500 dollar fine. In some cases, the person could lose their driving privileges up to one year.
Aside from the legal punishments, if the individual is in school (high school or college) and charged with Underage Consumption of Alcohol, they can also face academic consequences (such as: probation, loss of scholarship, or expulsion). Depending on the circumstances, the individual’s academic record could be tainted and could lead to difficulties graduating or being accepted into a competitive graduate school program.
As the reader can tell, drinking underage can lead to more than just a headache from the hangover. This offense can lead to major difficulties for that individuals’ future (criminally and academically).
A knowledgeable and well-versed lawyer may be able to help not only avoid a conviction for this offense but be able to erase it from the individual’s public criminal history. The lawyers at Oberman and Rice are willing and able to help with such a situation. The Oberman and Rice Law Firm is located only a few minutes from the University of Tennessee-Knoxville and deals with many of these types of alcohol violations (and academic situations). Our lawyers are available 24 hours a day if you or a loved one needs help and/or information to preserve their future because of an underage drinking charge. The Oberman and Rice Law Firm may be reached by calling (865) 249-7200.
Speeding or Traffic Ticket? Talk to a Lawyer!
Posted by Arrin Zadeh in criminal offense, Criminal Record, Tennessee Driver's License, Traffic Citations, Traffic Ticket, Uncategorized on October 1st, 2019
No matter where you are driving in the United States, one constant exists: Drive over the Speed Limit and you are probably going to receive a ticket. These tickets that are administered by various law enforcement agencies are meant to levy punishments against the driver as a form of deterrence. These punishments normally include: fines/court costs; potential points/infractions on one’s driving record; required attendance to a driving school and a potential increase in insurance premiums. Public safety is the main reason for deterrence, and these Speeding tickets (along with other traffic citations) serve as a way to help prevent accidents and keep folks safe on the roadways.
Frequently, however, individuals who receive Speeding tickets (and other traffic citations) choose not to get a lawyer and instead handle the case on their own (or pro se.) While there is nothing legally (or ethically) wrong with the handling of a traffic ticket oneself, a lawyer should know the procedures and local rules of a jurisdiction where the ticket may be docketed (and potentially help obtain a favorable outcome). Additionally, a lawyer should be able to advise the driver about any potential point increase on their driving record and other risks associated with just “paying off a ticket.” “Paying off a ticket” is equal to being found guilty of the alleged traffic infraction.
Commercial Drivers (those having Commercial Driver’s Licenses or C.D.L.) also need to be extremely careful as states (such as Tennessee) are cracking down on these special license holders. C.D.L. drivers should always consult with a lawyer before handling any Speeding ticket or traffic citation because such offenses could potentially lead to disastrous consequences for the C.D.L. holder.
If you receive a Speeding ticket or any other traffic citation please contact a knowledgeable lawyer to help advise you on the situation. Furthermore, if you receive a Speeding ticket or traffic citation in Tennessee please feel free to contact the lawyers of Oberman & Rice. With over 80 years combined experience, the law partners of Oberman & Rice are ready to answer your questions about any ramifications a Speeding ticket may have on your driving record. Our lawyers may be contacted by calling (865) 249-7200 or by email at and of the following: az@tndui.com, sara@tndui.com or oberman@tndui.com.
Fourth of July Holiday and Fireworks
Posted by Arrin Zadeh in criminal offense, Criminal Record, Frequently Asked Questions, Legal Rights on June 28th, 2018
With the Fourth of July Holiday quickly approaching, it is important to take a step back from the lake adventures and cookouts to think of our great country and how many of our forefathers fought and persevered for our country’s Independence around 242 years ago. As with every Fourth of July Holiday, the city of Knoxville will have a celebration (rain or shine) that culminates with Fireworks (free to the public) starting around 4:00 p.m. and the Fireworks to be deployed around 9:45 p.m. Information regarding the celebration may be found here.
All of us love fireworks (except for maybe our four-legged family members). Please remember that the City of Knoxville prohibits the possession, transportation, storage, manufacture, sale, handling and discharge of fireworks without a permit from the Fire Marshall (See the Knoxville Tennessee City Code of Ordinances, Section 11-5 through 11-7). Furthermore, violation of this City Ordinance is a Misdemeanor with a fine of up to $500.00 and/or 30 days in jail for each separate offense (See the Knoxville Tennessee City Code of Ordinances, Section 1-9; General penalty- continuing violations). In other words, shooting (even simply handling) fireworks without a permit in the City of Knoxville can lead to criminal prosecution that may result in a criminal conviction on your criminal public record that may hinder your ability to obtain a job or your ability to receive a scholarship for college/higher education. Additionally, Knox County (outside the city limits of Knoxville) does not allow the shooting/possession of fireworks.
The criminal defense lawyers at Oberman & Rice are always willing to help those who have been arrest or cited for a criminal offense. Our lawyers are available 24/7 to answer questions regarding an arrest or citation for any criminal offense. Please review our website for more information or call us with questions at (865) 249-7200.
Impact of Out of State Convictions in Tennessee
Posted by in Court Procedures, Criminal Record, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Legal Rights, Tennessee DUI Penalties, Uncategorized on April 3rd, 2013
The internet and electronic record keeping has led to the end of a time when what “happened in Vegas, stayed in Vegas.” Similarly, criminal convictions from a distant state may no longer be ignored after a person moves away from that state. As law enforcement, court clerk’s offices, and agencies responsible for drivers licenses continue to store and share information electronically, a person’s criminal history is increasingly likely to follow him or her across state lines.
For example, a prior DUI conviction from another state may significantly increase potential penalties and the outcome of a Tennessee DUI case, just as would a prior Tennessee DUI conviction. State and federal agencies are increasingly accurate and reliable in their effort to report crimes to the National Crime Information Center (NCIC). By accessing the NCIC, any state or federal prosecutor may quickly review an individual’s entire criminal history, including charges that have been dismissed.
Prior charges and convictions may negatively impact pending DUI litigation. As a result, it is imperative that anyone facing criminal charges fully disclose these charges to their Tennessee Defense Attorney, even if the prior charges have been dismissed and expunged.
Please contact our office to find out more about convictions in other states and how to address them as part of a DUI defense strategy. You may contact our Tennessee DUI defense lawyers, Steve and Sara by calling (865) 249-7200.
You May Be Eligible to Have Your Tennessee Criminal Conviction Erased
Posted by in Court Procedures, Criminal Record, Expungement, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Legal Rights, Tennessee DUI Information, Tennessee DUI News, Uncategorized on May 24th, 2012
Under a new Tennessee law, signed by Governor Haslam on May 21, 2012, individuals with a Tennessee criminal conviction may now be eligible to have these convictions expunged (or erased) from their Tennessee criminal history. If you believe your Tennessee criminal conviction may now be expunged, you may contact our office at 865-249-7200 for more information and/or for assistance with the Tennessee expungement process. Additional information can also be found by visiting www.eraseyourrecord.com.
The Top 10 Things to Know about the New Expungement Law:
- Tennessee Code Annotated, Section 40-32-101(g) – The New Expungement Statute – ONLY applies to Class E Felonies and Misdemeanors, but does not apply to all Class E Felonies and Misdemeanors.
- To find out if you or someone you know is eligible to have a conviction expunged and removed from a criminal record, please contact our office at 865-249-7200.
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