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.