Patrick E. Stegall’s Answers

Patrick E. Stegall

Memphis Criminal Defense Attorney.

Contributor Level 10
  1. I have a class c felony in tenn. is it possible to get it expunged, happened 15 years ago.

    Answered almost 2 years ago.

    1. Patrick E. Stegall
    2. Charles K. Kenyon Jr.
    2 lawyer answers

    You cannot get a C felony expunged. Under the new law the only felonies that can be removed are certain E felonies.

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  2. How much time do u get for attempted first degree murder

    Answered over 2 years ago.

    1. Patrick E. Stegall
    2. Stephen J. Isaacs
    2 lawyer answers

    Anywhere from 13.5 to 60 years. That's the range for attempted first degree murder in Tennessee. Where she falls in that range is going to depend on the facts of the case and her prior record, if any. If she has no record (or a minimal one) probably looking at 13.5-25 years. She could not get probation, but she could get parole after serving a certain percent of the sentence.

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  3. Beating Public Intoxication

    Answered over 2 years ago.

    1. Patrick E. Stegall
    2. Derek Michael Smith
    3. Edwin Arnold Anderson
    3 lawyer answers

    While it is your right to a presumption of innocence, a fair trial, and all the due process afforded to you under the laws, public intox is a very low level misdemeanor in Tennessee and should be negotiated to a resolution rather than fought over. Perhaps payment of court costs or an alcohol/drug safety class in exchange for a dismissal. It sounds like the state has some proof, so this isn't a completely bogus charge. And people get charged with this offense all the time without a drug test...

    3 lawyers agreed with this answer

  4. How much time do you get fir aggravated assault firearm

    Answered over 2 years ago.

    1. Patrick E. Stegall
    2. James Regan
    3. Derek Michael Smith
    3 lawyer answers

    Assuming this is in Tennessee, aggravated assault is a Class C felony punishable from 3-15 years. If she has one or zero prior felony convictions she would be looking at 3-6 years. With more prior felony convictions the punishment goes up.

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  5. How should i approach this underage drinking citation (i'm 19).

    Answered about 2 years ago.

    1. Patrick E. Stegall
    2. Mark Nickolas Longwell
    2 lawyer answers

    Being a first offense, this can come off your record. It may require a period of supervised probation, but that shouldn't interfere with your plans to move. Probation could be up to 11 months 29 days. There may also be less restrictive options available such as community service or taking an alcohol safety class. It can come off your record if you do your part, and get a good lawyer.

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  6. Can I beat this DUI charge?

    Answered almost 2 years ago.

    1. Patrick E. Stegall
    2. Stephen Alan Sauer
    3. William Alton Young Jr.
    3 lawyer answers

    Tennessee law requires that the officer advise you of the consequences of refusal to submit, but that advisement does not have to be in writing. If you refuse you get charged in a seperate warrant or citation, and that's probably the form you're thinking of. Anyway, the advisement has nothing to do with admissibility of the chemical test. It has to do with license suspension for refusal to submit. If a driver's not properly advised then the court cannot suspend your license for refusing,...

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  7. Am i eligible to buy a handgun?

    Answered almost 2 years ago.

    1. William Joseph Bell
    2. Patrick E. Stegall
    2 lawyer answers

    There are many requirements under federal law for buying and possessing a firearm, and two of those are that you not have any convictions for felonies or misdemeanor crimes of domestic violence. Assuming you are otherwise eligible, this incident would not prevent you from purchasing a handgun in Tennessee since it was not a conviction.

    2 lawyers agreed with this answer

  8. Theft under 500. Only have had DUI and driving without license in past. Can I get jail time

    Answered about 2 years ago.

    1. Patrick E. Stegall
    2. Edwin Arnold Anderson
    3. Jason Wade Barnette
    4. William Alton Young Jr.
    4 lawyer answers

    It really depends on how they do things in your neck of the woods. This is punishable up to 11 months and 29 days. You probably won't get that much, but since you have a record you could be looking at some time. Maybe 30 days, maybe 6 months. Or perhaps you could get probation if you're interested in that and can successfully complete it. I'd talk to a criminal lawyer in your area not only for representation but also to get an idea of how the court would treat someone like you. You'll...

    2 lawyers agreed with this answer

  9. My nineteen year old son has vilated his diversion what will happen in court, he been in jail since april.

    Answered about 2 years ago.

    1. Patrick E. Stegall
    1 lawyer answer

    Judges routinely do not set bail on probation violation warrants, so even if your son were to make bail on the new charge he'll probably be in jail until there is a hearing on the probation violation. Your son's in a real mess here and will need a good lawyer. He could have a hearing on the violation and fight it, and try to get diversion reinstated, but the standard for the judge to find him in violation is pretty low. If he is violated the best case is probably that he loses diversion...

    2 lawyers agreed with this answer

  10. I took 59 dollars worth of things at wal mart but i never left the store they got all the items back to resell but they called

    Answered over 2 years ago.

    1. Patrick E. Stegall
    2. Ricardo Antonio Perez
    2 lawyer answers

    In Tennessee you don't have to leave the store to be charged with theft, and it's still theft even if they get the merchandise back. Most of the time they wait for a suspect to go past the point of sale (cash registers) before stopping them, although if the facts are just so they could get them before that. Wal Mart is real good about catching shoplifters. You will probably not see the inside of a jail over this. You're charged with theft of property $500 or less, a class A misdemeanor...

    2 lawyers agreed with this answer