Brian Lee O'Shaughnessy’s Answers

Brian Lee O'Shaughnessy

Chattanooga Debt Collection Attorney.

Contributor Level 5
  1. What is the penalties for a citation for driving without a license in the state of Tennessee for your first time?

    Answered over 4 years ago.

    1. Brian Lee O'Shaughnessy
    2. Vincent Patrick Wyatt
    3 lawyer answers

    I assume you mean driving on a revoked or suspended license. If so, the first offense is a B misdemeanor carrying a maximum penalty of 6 months and a fine of $500. If however, you have a valid license but simply did not have it with you to present, the offense is a C misdemeanor carrying a maximum penalty of 30 days and a fine of $50.

    2 people marked this answer as helpful

  2. What is the most likely sentence we will get

    Answered almost 2 years ago.

    1. Russell Fletcher Thomas
    2. James Ronald Tucker Jr.
    3. Brian Lee O'Shaughnessy
    3 lawyer answers

    Any sentence you are likely to get will depend greatly on the relative strengths and weaknesses of the state's case, as well as your criminal history. No attorney can give you an accurate estimate as to your sentence without a greater understanding of the facts of your case. As an example, in evaluating your case I would wish see the affidavit of complaint and speak with witnesses and the investigating officer. The motivation of the victim can also have an impact on your possible sentence....

  3. I plead guilty to aggravated assault 7 years ago and got two years unsupervised probation can I get the charge exspunged

    Answered almost 2 years ago.

    1. Vernon Michael Kurtz
    2. Russell Fletcher Thomas
    3. Brian Lee O'Shaughnessy
    3 lawyer answers

    Under current law, you cannot have the charge expunged. Until July 1 of this year, the only circumstances in which a charge could be expunged were if: 1) the charge was dismissed; 2) a no true bill was returned by the grand jury; 3) a verdict of not guilty was returned at trial; or 4) the person charged was eligible for and completed a diversion. The law has been expanded to include the expunction of certain convictions five or more years old. An aggravated assault however cannot be...

  4. I was charged with mistamenor of delinquency of a minor. could that be dropped before i even go to court

    Answered over 4 years ago.

    1. Brian Lee O'Shaughnessy
    2. Vincent Patrick Wyatt
    2 lawyer answers

    Your charges "could" be dismissed before court, but practically speaking, I doubt that would happen.

  5. Will a good guy letter help if I defend myself?

    Answered over 4 years ago.

    1. Brian Lee O'Shaughnessy
    2. John Lawrence Buckley
    2 lawyer answers

    I too would disagree with the attorney that suggested you try to work something out on your own before you hire an attorney. Our judicial system is an adversarial system. The D.A.'s position is to promote justice on the behalf of the State of Tennessee. Although the D.A. should not seek the strictest level of punishment possible, the D.A. should zealously represent the interests of the State, which may not align with your interests. With a possible probation revocation over your...

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