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Brian Lee O'Shaughnessy
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Brian O'Shaughnessy’s Answers

5 total

  • What is the most likely sentence we will get

    I broke into my work after hours to get a bottle of liquor while my friend stay outside as lookout. Police pulled up and caught him and as i seen them pulling up i ran and became into a foot pursuit with them. I got away but turned myself in the n...

    Brian’s Answer

    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.

    As to your question about probation, you will not be violated for a charged that occurred before your were placed on probation. You may however have issues with bond.

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

    I was living with a friend who at the time had rules about certain people being at her house when she wasn't home well this female was on the property were she was asked to leave plenty of times by me she wouldn't leave so I pointed a unloaded bb ...

    Brian’s Answer

    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 expunged because it is a violent crime.

    For reference, you can review T.C.A. §40-32-101 and HB 2865.

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  • What is the penalties for a citation for driving without a license in the state of Tennessee for your first time?

    I got pulled over and citied for driving without license. This is my first time this happen to me.

    Brian’s Answer

    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.

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

    just curious

    Brian’s Answer

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

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  • Will a good guy letter help if I defend myself?

    I have charges resulting from driving on suspended and lack of financial responsibility. My license was suspended for an October DUI. My probation for the DUI is at risk of being violated by the District Attorney. I contacted an attorney and he...

    Brian’s Answer

    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 head (requiring a lower standard of proof than a new criminal charge) you have too much at stake to enter negotiations pro se.

    As far as "good guy letters" and the fact that you are the sole provider for your family, they may help with informal negotiations with the D.A., but they will be inadmissible at trial or a revocation hearing.

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