Wednesday, December 16, 2009

Nashville DUI Defense Lawyers

Barnette Law Offices, LLC – Nashville DUI Lawyers

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Tennessee’s penalties for drunk driving are among the toughest in the country. If you are convicted of driving under the influence (DUI/DWI) you can lose your license for one year and will serve a mandatory jail sentence of 48 hours for 1st offense alone. If this isn't your first offense, the penalties are even more severe, requiring 45 days in jail for a second conviction and 120 days in jail for a third.  A restricted license is not going to happen absent exigent circumstances.  If you’ve been charged with DUI in Nashville, Davidson, Rutherford, Williamson, or Wilson County or anywhere in Tennessee, it is imperative you retain skilled counsel such as the aggressive Nashville DUI Lawyers at Barnette Law Offices, LLC.

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Barnette Law Offices, LLC – Experienced Nashville DUI Lawyers

It is critically important to have experienced Criminal Defense representation if you have been charged with a DUI. The Nashville DUI Lawyers at Barnette Law Offices, LLC offer just this.

Free Consultation – The Nashville DUI Lawyers of Barnette Law Offices, LLC experience separates us from many DUI and Nashville Criminal Defense Lawyers in the region. We know the process, the procedure, and will inform you of the same.

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Again, it is imperative that you retain skilled counsel to represent you in a Tennessee DUI case.  The Nashville DUI Lawyers at Barnette Law Offices, LLC are prepared to discuss your DUI charges right away. Time is an important factor in any criminal matter, but is particularly important in DUI cases.

Our Nashville DUI Attorney’s represent clients throughout Tennessee in the following charges:

  • 1) DUI defense, felony DUI, multiple offenses
  • 2) Underage DUI
  • 3) Vehicular homicide, vehicular assault defense
  • 4) Speeding, reckless driving, DUI-related traffic offenses
  • 5) Obtaining restricted licenses

Presenting Your DUI Defense

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If you did not submit to a blood alcohol content (BAC) or breath test, there are more options if the case proceeds to trial. If you did take a blood or breath test, the Nashville DUI Lawyers at Barnette Law Offices, LLC will make sure the tests were administered and interpreted correctly.

The Nashville DUI Lawyers at Barnette Law Offices, LLC also challenge the validity of the traffic stop, making sure the police had reasonable suspicion to pull you over and that they followed the laws related to search and seizure under the Constitution. If this is not your first DUI charge, you face a stiffer sentence and possibly a felony conviction if, again, this is your 4th DUI charge. Our Nashville DUI Lawyers at Barnette Law Offices, LLC will make sure that your DUI prior charges resulted in convictions for 1st through 3rd and that you were properly represented by counsel in each proceeding.

You may find more information at our Nashville DUI Law website and please to not waste time contacting our skilled Nashville DUI Lawyers at Barnette Law Offices, LLC or 615-585-2245 if you have been charged with a DUI in Tennessee.

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Nashville Criminal Defense Lawyer

Jason Barnette – Nashville Drug Offense Defense Lawyer

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If you have been charged with a drug related crime or crimes in Nashville or Tennessee, you will need a skilled Nashville Criminal Defense Lawyer and one who is experienced in Drug Offense Defense.

I am Nashville Criminal Defense Lawyer Jason Barnette of Barnette Law Offices, LLC.  Barnette Law Offices, LLC is comprised of aggressive and effective  Nashville Criminal Defense Lawyers for people charged with state and federal drug crimes throughout Tennessee.  My experience in Criminal Defense and Drug Offense Defense under Tennessee law is what separate Barnette Law Offices, LLC from other Nashville Criminal Defense Lawyers in the metro area of Davidson, Williamson, Wilson, and Rutherford Counties as well as throughout Tennessee.

Free Consultation –
Contact the Nashville Criminal Defense Lawyers at Barnette Law Offices, LLC at 615-585-2245 as soon as possible if you’ve been charged with a drug crime, state or federal, in the Nashville Metro Area or in Tennessee.
The Nashville Criminal Defense Lawyers at Barnette Law Offices, LLC handle the following drug charges:
  • 1) Marijuana misdemeanors, simple possession, casual exchange
  • 2) Possession with intent to sell, sale of a controlled substance
  • 3) Cocaine possession and distribution
  • 4) Methamphetamine manufacture and sale
  • 5) Cultivation and manufacturing
  • 6) Drug-related DUI charges
  • 7) Possession of illegal prescription drugs; e.g. Hydocodone, Oxycodone, Colonpin/Xanax/Benzapines, OxyContin, etc. 
What to Expect After You’re Charged With a Drug Offense

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The Nashville Criminal Defense Lawyers at Barnette Law Offices, LLC understand your apprehension as to what is going to happen after you’re charged with a drug related offense. Your case will depend upon the types of charges you face.

Regardless of whether you are facing a serious felony or misdemeanor charge, the Nashville Criminal Defense Attorneys at Barnette Law Offices, LLC will investigate aggressively to ensure that your Fourth Amendment rights haven't been violated.  Moving the court to suppress evidence for lack of probable cause for search and seizure is a key tool our Nashville Criminal Defense Lawyers invoke and often leads to the reduction or dismissal of charges.

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Fighting to Protect Your Future

The Nashville Criminal Defense Lawyers at Barnette Law Offices, LLC will help you understand the consequences of a conviction, even for a minor drug offense and thereafter, zealously represent you throughout the process.  You may find more information at our Nashville Criminal Defense Law website.

Finally, contact us for a free consultation as soon as possible after you have been charged or think you might be charged with a Tennessee Drug Crime. You may reach us at 615-585-2245 or at Barnette Law Offices, LLC.

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Nashville Criminal Defense Lawyers

Barnette Law Offices, LLC – Nashville Theft Crime Lawyers

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If you live in Nashville or anywhere in Tennessee and have been charged with committing a theft related crime, you should hire a knowledgeable Nashville Criminal Defense Lawyer to ensure your rights are properly defended. At Barnette Law Offices, LLC we have experience defending clients who have been accused of committing serious crimes, including theft, identity theft, burglary and robbery. If you are facing theft crime charges, please contact our Nashville Criminal Defense Lawyers to discuss your criminal charges who will fight to keep you out of jail and your theft, burglary, or robbery charge off your criminal record.

Call a Nashville Criminal Defense Attorney at Barnette Law Offices, LLC today at 615-585-2245.

Being arrested for a theft or other crime can be devastating to you as you face a lengthy jail or prison term. It is very important that you hire a Nashville or Tennessee Theft Crime Defense Lawyer who has experience defending clients who have been in similar situations. At Barnette Law Offices, our Nashville Criminal Defense Lawyers have been able to get clients’ cases dismissed, keep many clients out of jail, have their sentences reduced, or obtained alternative sentences.

In the State of Tennessee, all types of theft crimes are considered very serious by law enforcement officers and the judicial system. If you are found guilty of committing a theft crime, you will be punished with serious legal consequences, possibly at both the State and Federal levels. If you have been charged with a theft crime, such as petty or misdemeanor theft, grand theft, burglary, aggravated burglary, identity theft, or robbery you may be facing a jail term and expensive fines.

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The value of the stolen goods or stolen money is a determining factor in the theft charge and penalty a defendant will face. If a person is convicted of a misdemeanor theft, in which the stolen items total up to $500, the penalty will most likely be much less severe than that of a person who is convicted of felony theft, where the stolen items amount to more than $500.

If you have been arrested for, or charged with, any type of theft crime you should contact a skilled Nashville Criminal Defense Lawyer with experience in theft crime defense such as those at Barnette Law Offices, LLC to discuss your case. We have the legal skills and experience to successfully represent even the most challenging Tennessee theft crime, burglary, and robbery cases.

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Tuesday, December 15, 2009

Nashville DUI Lawyers

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Nashville DUI Lawyers – Barnette Law Offices, LLC

DUI or driving under the influence
Driving under the influence is defined as driving or being in physical control of any automobile or motor vehicle while under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system, or while having a blood alcohol concentration of .08 or more.  If you’ve been charged with DUI in Tennessee, it is advisable to retain a skilled Nashville DUI Lawyer such as those at Barnette Law Offices, LLC.  We also represent clients throughout Tennessee.

With that said, "Under the influence" is a conclusory phrase and a determination of whether one is or isn't under the influence is very subjective. For this reason, a detailed analysis of all of the evidence to be presented in a DUI case is essential to ensure that every possible defense is uncovered and explored.  Again, this is why it is advantageous to retain a skilled Nashville DUI Lawyer from Barnette Law Offices if you’ve been charged with DUI. 

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Under age driving while impaired
A DWI is committed when a person 16 years or older but under 21 drives under the influence of alcohol or drugs, under the combined influence of alcohol and any other drug, or with a blood alcohol content of .02% or higher.  This can have serious consequences on a person’s ability to drive and can leave a criminal record for life if the accused is 18 years of age and is found guilty.  Once more, it is imperative to retain professional representation which can be found by hiring the skilled Nashville DUI Lawyers at Barnette Law Offices, LLC or 615-585-3885.

Jason Barnette of Barnette Law Offices, LLC has the DUI Defense experience needed to assist you in your case.

Due to the serious nature of DUI related charges, it is important that every possible defense is explored and in most cases there is a defense. Again, YOU DO NOT HAVE TO PLEAD GUILTY.  Contact Barnette Law Offices, LLC for a free consultation with our Nashville and Tennessee DUI Lawyers.

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What to do if you've been charged with a Nashville or Tennessee DUI/DWI?

If you've been arrested and charged with drunk driving or driving under the influence, you're facing criminal charges that have lifetime and serious effects on you. Contact the skilled Nashville DUI Lawyers at Barnette Law Offices, LLC as soon as possible.  Our system of criminal justice can be complex and overwhelming and you need someone who can help guide you through the process and who will fight for your rights at every level.

The Nashville, Tennessee DUI Lawyers at Barnette Law Offices, LLC are committed to providing aggressive, effective, and professional legal representation.

Nashville DUI Lawyers

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The Nashville DUI Lawyers at Barnette Law Offices, LLC represent clients charged with DUI very frequently.  However, persons charged with a DUI/DWI may also be charged with an Implied Consent Violation if they refuse to submit to a blood, breath, or urine test to determine the person's blood alcohol content. The officer, not the driver, chooses which of the 3 tests to administer. After submitting to the chemical test of the officer's choice, the driver may then request an independent test of his or her choice, even though the officer need only provide very limited assistance in obtaining the independent test. 

A motorist does not have a right to speak with a DUI lawyer in Tennessee, such as the Nashville DUI Lawyers at Barnette Law Offices, LLC before choosing whether or not to submit to a chemical test.

The Tennessee Implied Consent Statute (Tennessee Code Annotated § 55-10-406) deems that any person who drives a motor vehicle in Tennessee has given consent to a chemical test (blood, breath or urine) to determine the drug or alcohol content of the person's blood. Such test may be requested if a law enforcement officer has reasonable grounds to believe that the person is driving under the influence.

Implied Consent breath test

A motorist does have a right to refuse to submit to a chemical test in most cases; however, such refusal normally results in the revocation of the person's driver's license. It is important to note that even if a person wins the DUI case, he or she may still lose the Implied Consent case, resulting in loss of license and, in some instances, mandatory jail time however, the Nashville DUI Lawyers at Barnette Law Offices, LLC can often get first time offenders alternative sentencing and restricted licenses.

Implied Consent Violation Penalties

The penalties for an Implied Consent Violation will vary in each case, depending on the facts and circumstances. If you’ve been charged with DUI and/or Implied Consent, contact the Nashville DUI Lawyers at Barnette Law Offices, LLC or 615-585-2245.

Nashville Criminal Defense Lawyer

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A common question of many people faced with DUI or other related criminal charges is how long such a conviction will remain on the person's criminal record. The answer is, if convicted of Driving Under the Influence (DUI/DWI) or most any other criminal offense, the conviction will remain on your record forever. Only if a charge has been dismissed or a diversion program has been completed may it be expunged or erased from your record.

An expungement simply means that any public record of the charge brought against you can be erased. The law enforcement authorities will always have a private record of the charge, but even that record should show that the case was dismissed.

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Jason Barnette and the skilled Nashville Criminal Defense Lawyers at Barnette Law Offices, LLC can assist you in having your record expunged by preparing the appropriate pleadings, obtaining the approval of the District Attorney and the Judge, and filing the pleading with the local court clerk's office. Depending upon the manner in which your case was dismissed, you may be responsible for court costs to have the pleadings filed with the clerk's office.

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Once an Order to have the records relating to your charge expunged is filed, it may take as long as 2 to 6 months to complete your expungement, depending on the circumstances of your case. If you are interested in having your criminal record expunged, you should contact the Nashville Criminal Defense Lawyers at Barnette Law Offices, LLC or 615-585-2245 as soon as possible so that they may begin this complicated and lengthy process.

Nashville Criminal Defense Lawyers

The following information summarizes the typical steps which occur in the Tennessee Criminal Justice System from the time the defendant is arrested through trial in criminal court. These procedures vary from county to county and some of these steps are combined in various ways depending on the particular jurisdiction.  Regardless, if you are charged with a crime in Tennessee, contact one of our Nashville Criminal Defense Attorney’s at Barnette Law Offices, LLC or 615-585-2245

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Your Rights In Any Criminal Case

Regardless of which county the case is in, any defendant has certain rights. You have the right to have a lawyer represent you. This is the time to contact one of our Nashville Criminal Defense Attorney’s at Barnette Law Offices, LLC . You have the right, in most cases, to have a preliminary hearing to determine the issue of probable cause as further described in step 3 below. You have the right to have a grand jury consider your case as described in step 4, and ultimately you have the right to a jury trial as described in step 6.

If you do proceed to trial, you will need an experienced Tennessee and Nashville Criminal Defense Lawyer to represent you.  We at Barnette Law Offices, LLC have such experience as Nashville Criminal Defense Lawyers although we practice throughout the state of Tennessee.

You further have the right to remain silent, to be presumed not guilty, to plead not guilty and to persist in that plea.

You have the right to require the State to prove your guilt beyond all reasonable doubt. You also have the right to confront each and every witness against you in court. This means your lawyer, whether our Nashville Criminal Defense Lawyers at Barnette Law Offices, LLC , or another law firm has the right to cross-examine each witness. You have the right to subpoena witnesses to come to court and testify on your behalf. Should you be convicted, you have the right to appeal the conviction to the Tennessee Court of Criminal Appeals, and if you are unable to afford an attorney, you also have the right to have an appointed lawyer represent you at that stage of the proceedings.

The steps from arrest to trial are:

STEP 1 -- ARREST.

To be lawful, a police officer must have probable cause to believe that a crime is being, or has been, committed. If the arrest is for a misdemeanor offense, the crime must normally have been committed in the officer's presence.

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STEP 2 -- ARRAIGNMENT.

In some Tennessee counties, an Arraignment occurs before the first hearing date.  This procedure is also called an Initial Appearance. The proceeding is performed to ensure that a bond has been set, that the defendant is aware of the charges which have been made, and that a court date is scheduled. A formal plea of "guilty" or "not guilty" cannot be requested at this stage. It is important that a defendant hire a qualified Nashville or Tennessee Criminal Defense Attorney prior to his or her arraignment date.

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STEP 3 -- GENERAL SESSIONS COURT.

This court has jurisdiction to address both civil and criminal cases. In some counties, there is a court which handles only DUI cases. Criminal cases are resolved in this court by either a preliminary hearing, trial without a jury, or plea agreement. However, sessions courts do not have jurisdiction to conduct trials or accept plea agreements in felony cases. A preliminary hearing requires the state to demonstrate that there is probable cause to believe the defendant committed the offense for which he or she is charged. Probable cause generally means "probably guilty" or "more likely than not."

STEP 4 -- GRAND JURY.

Comprised of 13 people who meet in secret to again determine if probable cause exists. They meet with the prosecutor's witnesses only, not with the defendant or his or her lawyer.

STEP 5 -- INDICTMENT.

The formal charge against the defendant, the Indictment, is signed by the Grand Jury and must allege each element of the crime.

STEP 6 -- CRIMINAL COURT.

The highest trial court in Tennessee. In Criminal Court, a defendant is presumed innocent and has the right to require the State prove guilt beyond a reasonable doubt before a jury of 12 people from the community. All defendants also have the right to confront their accuser, to compel the appearance of witnesses, and to remain silent if they choose not to testify. Defendants have the right to an attorney and it is highly advantageous to get the best money can buy such as the skilled Nashville Criminal Defense Lawyers at Barnette Law Offices, LLC.

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Prior to trial, defense counsel will have the opportunity to file motions - written documents requesting that the Court take certain action such as exclude evidence or require the State to disclose information. Should a person be convicted at trial, he or she has the right to appeal the conviction, the sentence, or both. If the defendant cannot afford to pay counsel for the appeal, one may be appointed to represent you.

Sunday, November 29, 2009

Nashville DUI Defense Lawyers

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Whether you've been stopped for the first time on a charge of driving under the influence, or you're facing habitual motor vehicle offender felony charges based on prior convictions, you should have knowledgeable and resourceful representation to protect your record and your drivers license. Contact the Tennessee DUI Defense Lawyers at Barnette Law Offices, LLC in Nashville for a free initial consultation about your options.

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In every drunk driving case, we make a careful examination of the circumstances of the arrest and your prior record to preserve as many options for you as we can. In situations involving a traffic checkpoint, we'll see whether we can challenge the stop on the basis of improper checkpoint procedures or profiling. In other cases, we'll determine whether the arresting officer had a reasonable suspicion to suspect you of drunk driving, or whether he had probable cause to arrest you for DUI. The Tennessee DUI Defense strategy of Barnette Law Offices, LLC will make the most of the facts in your favor and work toward the suppression of the evidence against you.   

With the help of forensic experts, we can also attack the results of the blood alcohol test or evidence of drugs that are found in your system. We're always on the lookout to see whether prescription drug interactions produce false readings. We've also found that arresting officers or lab technicians sometimes lack the training or credentials to provide reliable blood alcohol readings.

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While many of our clients prefer an early resolution of DUI Charges as soon as possible, even if a guilty plea to careless or reckless driving is necessary, we'll take your case to trial whenever there's a reasonable chance of success on the basis of disputed facts. Additionally, we represent clients facing felony DUI charges, as in alcohol-related accidents involving personal injury or death.

In cases where a conviction of DUI is unavoidable, we can review the circumstances of any prior DUI convictions to see whether any can be eliminated as the basis of increased punishment. Whenever possible, we'll also work to preserve or restore your ability to drive under a restricted license and so that you can serve any incarceration period at the Swaim Center rather, than in jail.

For additional information about our ability to defend you on drunk driving charges, contact the Tennessee DUI Defense Lawyers at Barnette Law Offices, LLC or 615-585-2245 for a free initial consultation.

Nashville Criminal Defense Lawyers

BLlogoFinal  If you've been charged with state or federal criminal charges involving DUI, drug crimes, violent crimes, sex offenses, or criminal fraud, for example, contact the Tennessee Criminal Defense Lawyers at Barnette Law Offices, LLC for knowledgeable and personalized criminal defense service.

Barnette Law Offices, LLC is a criminal defense firm located in Nashville with the practical experience necessary to find solutions to even the most difficult criminal defense problems.  We represent clients facing criminal charges in the United States District Court for the Middle District of Tennessee.  Contact us if you’ve been charged with any of the following or related federal crimes:

  • Drug distribution or conspiracy charges involving cocaine, methamphetamine, heroin, ecstasy, or unauthorized prescription drugs

  • Insurance fraud, bank fraud, mortgage fraud, securities fraud, or other serious financial crimes, including offenses involving Internet fraud

  • Felon with a firearm offenses and other weapons charges

  • Child pornography or online solicitation of a minor for sex

  • False statement, obstruction of justice, or perjury charges

The best time to contact us is as soon as you become aware that you're a person of interest in a federal investigation—preferably before you're indicted by a federal grand jury. Our aggressive approach to your defense can often mean that you'll never have to face the most serious potential charges against you.

We also represent clients in cases charged under Tennessee state criminal law. These can include the following:

  • Violent crimes, including capital murder charges, aggravated assault, weapons offenses, and accessory to homicide

  • Sex crimes ranging from forcible rape to rape by an authority figure and statutory rape, as well as lewd conduct and indecent exposure charges

  • Violation of the sex offender registration requirements

  • Drug crimes involving possession of marijuana and other controlled substances

  • Motor vehicle offenses ranging from DUI to vehicular homicide

  • Juvenile offenses of all kinds

Additionally, our criminal defense attorneys represent clients in bond hearings and matters involving probation violations. In situations where a criminal investigation or conviction could affect your professional license for teaching, nursing, medicine, law, or real estate, we'll do everything possible to protect your livelihood in the course of our representation.

For additional information and a free initial consultation about our ability to protect your rights and expand your options in a criminal defense situation, contact the Tennessee Criminal Defense Attorneys at Barnette Law Offices, LLC or 615-585-2245.

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Thursday, November 26, 2009

Nashville DUI Lawyers

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Any time your liberty is at stake, you need a lawyer. In the case of a Tennessee DUI charge, your personal liberty is even in more jeopardy because, unlike other offenses in Tennessee, even first offense DUI in Tennessee provides for mandatory jail sentences if convicted. That means in Tennessee, if you are convicted of DUI, you go to jail.

drug crime  In addition, penalties for DUI convictions in Tennessee include steep fines, suspension of driving privileges, court costs, community service work, probation and attendance at an alcohol safety school, in addition to other penalties that may apply to unique circumstances.

Also, currently a conviction for DUI in Tennessee cannot be expunged from your record. These penalties can affect your employment, financial well-being, relationships and virtually every aspect of your life well into the future. This makes it all the more imperative that you have the services of a respected Nashville, Tennessee DUI Defense Lawyer such as those at Barnette Law Offices, LLC to represent you when facing DUI charges in Nashville or anywhere in Tennessee.

If you are charged with DUI in Nashville or anywhere in Tennessee, you need a lawyer to protect your interests. Contact Jason Barnette of Barnette Law Offices, LLC, a skilled Tennessee DUI lawyer, to represent your interests.

Defending an individual charged with DUI in Nashville or anywhere in Tennessee is a highly technical area of criminal defense practice. While many people think of DUI as more of a traffic offense than a real crime, the mandatory minimum penalties that exist in Tennessee can affect a person’s life in a profound way. In fact, countless lives are affected every year as the crime of DUI is charged often and punished severely in Tennessee. At Barnette Law Offices, LLC, a large portion of our practice is focused on DUI and drunk driving defense. Our Tennessee DUI Defense lawyers provide aggressive legal representation in Nashville and in all other parts of Tennessee for those facing a charge of DUI.

Nashville Criminal Defense Lawyers

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A criminal conviction may have far-reaching consequences for life, affecting your future employment options, your ability to receive federal student loans and even your right to vote. Along with these collateral consequences, there are social stigmas that make it difficult to lead a normal life. Hiring a skilled Nashville Criminal Defense Lawyer from Barnette Law Offices, LLC, becomes of utmost importance when you realize that you are not only fighting to avoid the direct consequences of your actions, but the lasting consequences of a maligned name. Since Tennessee Criminal Law comes down hard on those convicted, it is imperative to seek sound legal advice from Jason Barnette, a Tennessee Criminal Defense Lawyer, and his team at Barnette Law Offices, LLC to understand the consequences of the charges you face and ensure that your rights are protected.

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If you have been accused of a crime, it is important to always have a Nashville, Tennessee Criminal Defense Attorney such as Jason Barnette present when you are speaking with law enforcement. The Constitution guarantees you the right to not incriminate yourself and to have an attorney. This means that you do not have to answer any questions or provide any information to law enforcement agencies that will implicate you in the involvement of a crime. To ensure that you do not inadvertently incriminate yourself, it is important to have a Nashville Criminal Defense Attorney present at all interrogations or whenever you are speaking to a law enforcement agency.

Also, you should not agree to any search of your property by law enforcement. You have the right to decline any search by law enforcement if they do not have a warrant to search your property. While you may believe that complying with law enforcement officials will benefit your case, any evidence they find of your involvement with a crime may be used against you.

Finally, do not discuss your case with anyone—not even family or friends. While you have a legal right to not incriminate yourself, your loved ones must tell the truth if they are called to testify under oath about their knowledge of your involvement in a crime.

Being accused of a crime is a serious matter that demands serious legal representation. At Barnette Law Offices, LLC, we are experienced Tennessee Criminal Lawyers that are dedicated to you and seeing that you receive the best possible legal outcome for your situation. Contact us at http://www.barnettelawoffices.com or 615-585-2245 to start developing an aggressive plan of action for your legal defense under Tennessee criminal law.

Tuesday, November 24, 2009

Barnette Law Offices, LLC – Tennessee Drug Crime Attorney’s

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Drug charges cover a broad range of offenses, from the less severe, such as simple possession of a small amount of certain drugs, to the more serious, such as participation in an ongoing drug-related criminal enterprise or manufacturing and distributing drugs.

Even minor charges can be stressful, however, and carry the risk of serious penalties upon conviction; the more serious charges, of course, can give rise to even more severe consequences.

An experienced Tennessee criminal defense attorney such as Jason Barnette of Barnette Law Offices, LLC in Nashville can take some of the terror out of drug charges by answering questions and guiding an accused offender through the complex legal process that awaits.

Due to the fact that even smaller or more minor drug charges can result in a criminal record that can last for the rest of your life, it is important to contact a Tennessee Drug Crime Defense Lawyer at Barnette Law Offices, LLC as soon as possible in order to protect your legal and Constitutional rights against a federal drug charge or state drug charge.

Federal Drug Charges:

The United States judicial system is divided into state and federal courts. Whether a person accused of a drug-related crime is prosecuted in the federal or state criminal system depends on what laws were violated, the severity of the offense(s), and the policies and procedures of each court system.

Out of the millions of felony prosecutions filed each year, less than ten percent are filed in the federal system. Often a particular criminal behavior will violate both a state and a federal law, and drug charges are no exception. In theory, the offender could be prosecuted in both systems for the same criminal activity, but in practice this rarely happens.

Most federal and state prosecutors divide up criminal charges based on availability of resources, which statute most closely fits the criminal conduct, available punishment in each system, and each system's policy considerations. If accused of a drug charge, it is crucial to contact a skilled Nashville Drug Crime Defense attorney such as Jason Barnette as soon as possible who is licensed to practice in both the United States District Court for the Middle District of Tennessee and before all Tennessee state courts.

The main federal law at issue in drug cases is the Drug Abuse Prevention and Control Act, which codified federal drug law into a uniform system. The Act classifies drugs into five categories, listed in schedules, and establishes regulatory requirements and penalties for the misuse of the drugs on each schedule.

The Act also allows the United States Attorney General to add drugs to the schedules as necessary. Most states have drug laws that mirror the federal act, but the penalties may be less harsh and more flexible under state sentencing schemes than under the federal sentencing guidelines.

A conviction for simple possession, for example may receive a sentence under state law of drug treatment rather than jail time, and probation may be available to first-time offenders for even the more serious crimes.

We at Barnette Law Offices, LLC can explain the differences between the Tennessee state and federal court systems, both in general terms and with regard to drug charges in particular.

Drug Charges:

If you have been charged with drug possession or intent to sell, you need a Nashville Drug Crime Lawyer or Tennessee Drug Crime Attorney such as Jason Barnette to protect your rights.

A drug charge can significantly affect your life including your ability to work or drive a vehicle. You will often risk jail time. Do not let your rights go unprotected. Contact a Tennessee Drug Crime Defense Lawyer at Barnette Law Offices, LLC today.  We are dedicated to protecting your Constitutional rights.

 

Barnette Law Offices, LLC – Nashville DUI Lawyers

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Barnette Law Offices, LLC is a Nashville, Tennessee criminal defense law firm that focuses on defending Tennessee DUI and charges related to Driving Under the Influence in Tennessee.

Did you know that under current laws in the State of Tennessee, an individual with two glasses of wine or beer at a family dinner might be charged with Driving Under the Influence (DUI) without even making a single driving error!

If you are faced with a Driving Under the Influence or Driving While Intoxicated - DUI charge, immediately contact an attorney knowledgeable in this area of the law at Barnette Law Offices, LLC.

Tennessee DUI Lawyer Jason Barnette has devoted himself and his staff at Barnette Law Offices to the defense of clients charged with DUI and DWI cases. Located in Nashville, Tennessee attorney Jason Barnette is skilled in the errors of DUI testing procedures and knows how to present that information in the defense of your DUI charge.

In almost all cases, Jason Barnette or one of his staff members at Barnette Law Offices, LLC will contact you within twelve (12) hours in order to discuss your case and options with you free of charge. In most situations, a phone conversation about your Tennessee DUI or drinking while driving related charge will enable Jason Barnette to give you a thorough preliminary evaluation of your DUI case and related charges as well as the options available.

He has succesfully represented clients in Nashville, Williamson, Wilson, and Rutherford Counties as well as across Tennessee.

Barnette Law Offices, LLC DUI and DWI criminal defense practice takes pride in producing happy and satisfied clients – clients that will take pride in recommending his firm’s services to friends and family who may find themselves in trouble as well.

What is the first thing to do after being charged with DUI?

You need to contact a Tennessee DUI lawyer or Tennessee criminal defense attorney as soon as possible such as Jason Barnette at Barnette Law Offices, LLC. The laws surrounding DUI are very technical and complex and involve several different scenarios and possible penalties if certain information necessary to effective DUI defense is not collected or preserved.

The first important deadline is hiring a DUI lawyer or DUI attorney in advance of your arraignment in order to increase the chances of obtaining the best possible outcome in your DUI, Reckless Endangerment, Vehicular Assault, Vehicular Homocide, or other drinking while driving related charge.

Contact us at Barnette Law Offices, LLC or 615-585-2245 if you’ve been charged with any of the above.

 

Sunday, November 22, 2009

Barnette Law Offices – Tennessee DUI Defense

DUI penalties will differ in each case, depending on the particular facts and circumstances. This summary is intended to be general in nature; therefore, this information should not be relied upon without individual consultation with a well qualified DUI lawyer in Tennessee at Barnette Law Offices, LLC or 615-585-2245.

DUI

DUI First Offense - Sentence is 11 months, 29 days

Details

  • Jail Time
  • Probationary Period
  • Fine
  • Highway Litter Removal
  • DUI Assessment
  • DUI School/Alcohol Rehabilitation
  • Volunteer Community Work
  • License Revocation
  • Ignition Interlock Device
  • Vehicle Forfeiture
  • 48 hours to 11 months, 29 days, or 7 days if blood alcohol concentration is .20% or higher
  • 11 months, 29 days less the time spent in jail
  • $350 - $1,500
  • Mandatory 24 hours
  • Mandatory alcohol and drug addiction assessment and fee of $100.00 for each conviction
  • Mandatory DUI School or Victim Impact Panel (often sponsored by Mother’s Against Drunk Driving); DUI School required for license reinstatement
  • May be ordered by the court
  • 1 year; eligible for restricted license if meet all other qualifications

DUI Second Offense - Sentence is 11 months, 29 days

Details

  • Jail Time
  • Probationary Period
  • Fine
  • DUI Assessment
  • DUI School/Alcohol Rehabilitation
  • Volunteer Community Work
  • License Revocation
  • Ignition Interlock Device
  • Vehicle Forfeiture
  • 45 days to 11 months, 29 days
  • 11 months, 29 days less the time spent in jail
  • $600 - $3,500
  • Mandatory alcohol and drug addiction fee of $100.00 for each conviction
  • DUI School required to regain driver's license; may be ordered by the court
  • May be ordered by the court
  • 2 years; not eligible for restricted license for at least one (1) year
  • Presumed to be ordered by the court unless a contrary ruling is made by the judge. Mandatory if a prior DUI conviction in the last 5 years.
  • Authorized

Contact us at Barnette Law Offices to obtain a skilled Tennessee DUI attorney at 615-585-2245.

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Sunday, November 15, 2009

Nashville Sex Offense Defense Lawyer’s

Barnette Law Offices, LLC – 615-585-2245 - Barnette Law Offices, LLC

We at Barnette Law Offices, LLC understand that even an unsubstantiated accusation of any sex offense will have serious consequences. Sex crimes create a harsh and unforgiving social-stigma associated with the offender that is difficult to repair. Accusations can severely impact your reputation in the community, employment, and family. If you are convicted, you face not only the possibility of incarceration, but also embarrassing registration requirements.

The registration requirement for convicted sex offenders is the modern-day Scarlet Letter.
Convicted sex offenders must be on the sexual offender registry pursuant to the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification, and Tracking Act 2004. The offender will be forced to check in with his or her local law enforcement agency periodically and be subjected to having his or her photograph placed upon a public website. The frequency and length of reporting depends upon the person’s classification. It is important to realize that these are two distinct categories under Tennessee law.

"Sexual offender" means a person who has been convicted in Tennessee of committing a sexual offense or has another qualifying conviction.

"Sexual offense" means:

(A) The commission of any act that, on or after November 1, 1989, constitutes the criminal offense of:

Sexual battery, under § 39-13-505;

Statutory rape, under § 39-13-506, if the defendant has one (1) or more prior convictions for mitigated statutory rape under § 39-13-506(a), statutory rape under § 39-13-506(b) or aggravated statutory rape under § 39-13-506(c);

Aggravated prostitution, under § 39-13-516;

Sexual exploitation of a minor, under § 39-17-1003;

False imprisonment where the victim is a minor, under § 39-13-302, except when committed by a parent of the minor;

Kidnapping, under § 39-13-303, except when committed by a parent of the minor;

Indecent exposure, under § 39-13-511, upon a third or subsequent conviction;

Solicitation of a minor, under § 39-13-528 when the offense is classified as a Class D felony, Class E felony, or a misdemeanor;

Spousal sexual battery, for those committing the offense prior to June 18, 2005, under former § 39-13-507 [repealed];

Attempt, under § 39-12-101, to commit any of the offenses enumerated above;

Solicitation, under § 39-12-102, to commit any of the offenses enumerated above;

Conspiracy, under § 39-12-103, to commit any of the offenses enumerated above;

Criminal responsibility, under § 39-11-402(2), to commit any of the offenses enumerated above;

Facilitating the commission, under § 39-11-403, to commit any of the offenses enumerated above;

Being an accessory after the fact, under § 39-11-411, to commit any of the offenses enumerated above;

Aggravated statutory rape, under § 39-13-506(c); or

Exploitation of a minor by electronic means, under § 39-13-529;

Jason Barnette, Esq.is experienced in sex crime cases. These types of cases have special considerations that affect everyone involved. Allegations are easy to make, but sometimes difficult to disprove. Barnette Law Offices, LLC handle all types of sexual offense cases in Davidson County, Wilson County, and Williamson County as well as throughout Tennessee.  If you’ve been charged with any of the above contact us immediately at Barnette Law Offices, LLC at http://www.barnettelawoffices.com or 615-585-2245.

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Nashville Domestic Violence Lawyer’s

Most people believe that domestic violence involves an altercation between husbands and wives. However, under Tennessee law, Tenn. Code Ann. § 39-13-111, domestic assault is much more than that.

Domestic assault in Nashville follows most of the same guidelines as general assault, found in Tenn. Code Ann. § 39-13-101. General assault can be broken down into three separate actions: (1) intentionally, knowingly, or recklessly causing physical injury to another; (2) intentionally or knowingly causing another to be fearful of physical injury; and (3) intentionally or knowingly causing contact with another that would be considered extremely offensive or provocative.

Domestic assault involves all of these same criteria. The difference between general assault and domestic assault is that under domestic assault the individuals involved have specific relationships to one another. Domestic assault can be between a number of different groups, including: husbands and wives, former spouses, persons who live together, persons who are dating, sexual partners, and blood relatives. If an act that would be classified as assault occurs between individuals with one of these relationships, that offense can then be classified as domestic assault.

If you’ve been charged with Domestic Assault or Aggravated Domestic Assault, contact us at Barnette Law Offices, LLC or at 615-585-2245.

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