Do you think you have enough legal knowledge of the court system and your case to represent yourself in court? Perhaps you do, but you should consider the positives and negatives of representing yourself before you actually do so. The following information can help you decide whether you should represent yourself in court or hire the help of a Nashville criminal law attorney.
As a Nashville criminal defense attorney who has represented many people accused of a sex crime I occasionally find myself in family court defending a client when the State or another parent is attempting to remove a child from a parent’s custody because of sexual abuse allegations.
A case in the news today (Mama June’s Kids Could be Taken Away by Child Services) underscores how the State often abuses its power when it tries to remove children from a parents home. These cases raise serious threats to the liberty and freedom of all citizens.
Thankfully, I have never seen the show Honey Boo Boo. The entire child beauty pageant thing frankly creeps me out. Nevertheless the fact that the State wants to step in and remove a child from her Mother‘s care because of who her mother might be dating concerns me. At least in this particular case it appears that the alleged sex offender the mother is alleged to be dating allegedly abused another daughter of the Mother years ago. Therefore the State may have a legitimate concern in this case.
Nevertheless this case reminds me of a case I had a few years ago when I represented a mother in Tennessee in a case where the State through the Department of Children’s Services was attempting to remove the child from the Mother because she had married a man who 20 years before had been convicted of a sex offense. Now keep in mind that there was no evidence the Mother had allowed the man to have contact with the child. In fact she had proven that they maintained separate residences. Furthermore she had pledged that she would not allow the convicted sex offender to have contact with the child, and keep in mind that the conviction of the husband was 20 years ago for the crime of rape against a teenage girl, and the minor child of the Mother in this case was a young boy. Therefore, for no other reason than who she had married the State stepped in and tried to remove the child from this Mother.
My Client was so terrified of the State and its heavy handed authoritarian rule and of the Judge who, through her comments in open court, had made it apparent that she was a puppet of the State and D.C.S., my client chose to give into the State’s demands rather than take the case to trial. She was therefore forced to not only promise that she would never let her child to have contact with her husband- which is fine, but she was forced to divorce the man, and was forced to pledge she herself would never have contact with him either. What business did the State have in telling this woman who she could or could not marry or date as long as the man did not have contact with her child? Don’t we still have a constitution – somewhere? Could someone open that thing up, blow the dust off of it and actually apply it to some of these situations?
So big brother is here. When people ask me why I represent individuals accused of child sexual abuse or child molestation I reply that one of the reasons is that this is the excuse that big government will use to control the personal life of all of us. By simply accusing a person of sexual abuse or simply accusing a person of exposing a child to the danger of sexual abuse the State removes all sympathy of the general public from the accused, because now that person is A CHILD MOLESTER and no one wants to stand up for the rights of a child molester. The ever expanding power of the State to regulate our personal lives granted to it by the legislature in order to “protect the children” is well on its way down the slippery slope and soon it will be too late. Before the general public sees it coming we will all simply be servants to the State and the State will consider our children state property for the State to raise as it deems proper.
Brent Horst, Nashville Tennessee
Nashville Criminal Lawyer
Board Certified Criminal Trial Attorney. Licensed in Tennessee and Florida.
Charges: Multiple counts of rape of a child
Facing: over 75 years in prison
Result: Case Retired, which means there will be no further court proceedings and after a period of time the case will be dismissed with no conviction, and the case will be expunged.
“I am so very grateful to Brent for all the knowledge, hard work, and dedication he applied to my case. I have developed a profound respect for Brent and like him as a person. I know now that it was a stroke of good fortune that I found him through this modern marvel called the internet. Reading all the treatises and other information he had posted there persuaded me that he was the right person for my case. Throughout my ordeal I had unfailing confidence in his ability as a man and as an attorney to defend my innocence in court, and the resulted was an outcome as near perfect as possible to a jury’s not guilty verdict.”
Despite human imperfections, eyewitness testimonies often have great sway on the jury’s decision. Your Nashville criminal defense attorney may easily detect discernible errors in the two most commonly used identification methods: the photo array and the line ups. You can help your case by researching these procedures and the ways to challenge them at court.
On Friday it was announced that two women were arrested in Nashville for the sexual offense of sex trafficking of a 16 year old girl. (Sex trafficking in West Nashville Tennessee)
The two Defendants face a class B felony sex offense which carries a sentence of 8 – 12 years. While it is currently unknown if the authorities are investigating any of the customers or “Johns” who paid to engage in sexual contact with this minor these customers have plenty to be concerned about even if they did not now she was a minor. While patronizing (hiring a prostitute) in Tennessee is a misdemeanor and does not requires sex offender registration, statutory rape is a felony that does require sex offender registration.
Sexual activity with a minor in most states like Tennessee and Florida is a strict liability crime. It does not matter if the minor looks 25, had a fake driver’s license, and lied about her / his age. Prosecutions of an individual who was actively misled and who had no reason to suspect or know the minor was in fact under age are rare but they can and do happen. Therefore, if the police come knocking and start asking questions responding with: “I’m sorry I did not know she was a minor” will do nothing but land that person in jail and on the sex offender registry. As usual the best answer when the police come to the door is to say nothing except for “I want a lawyer”, then shut up and call a lawyer. Preferably call a sex crimes lawyer with experience in sex offense cases.
Brent Horst, Nashville Tennessee
Board Certified in Criminal Trial Law, Licensed in Tennessee and Florida.
Today was a good day in court with the retirement and eventual dismissal of a client’s indictment for two counts of rape of a child, two counts of aggravated sexual battery, two counts of Sexual Activity with a minor, and two counts of incest. Our client was facing over 75 years in prison if convicted.
This case was a classic case of a false allegation that was made because a combination of the alienation or bad feelings by the mother toward the paternal grandfather and the improper leading suggestive questioning and interrogation of the child by the mother before the child after repeated denials finally gave into the Mother’s questioning and stated she had been abused.
Dr. Peter Ash a forensic psychiatrist from Atlanta had testified at a pre-trial hearing in this case that suggestive and leading questioning of a young child can actually lead to the creation of a false memory in the child. I believe that it was this testimony that likely caused the State to retire this case with no further action to be taken against our client and agreeing to the ultimate dismissal of these eight very serious sex offenses.
Brent Horst, Attorney, Nashville Tennessee
Board Certified in Criminal Trial Law, Licensed in Tennessee and Florida.
It was announced yesterday in one of the most intriguing and highly publicized murder cases in Tennessee in the last 20 years that John Dylan Adams has confessed to the rape of Holly Bobo. John Dylan Adams was previously charged in the case with tampering with evidence. He is the brother to Zachery Adams who has been indicted for the actual murder.
In a case where authorities have been extremely guarded regarding the details of the evidence in the case this most recent revelation was no different. It has only been reported by authorities that Mr. Adams confessed to the rape. The Tennessee Bureau of Investigation did not disclose any of the details surrounding the alleged confession, such as where it took place, how long he was questioned, what he was told – threatened – or promised – if anything in order to get him to confess, or whether he had an attorney present. However, it is already known that Mr. Adams was in custody on other charges, requested a court appointed lawyer when arraigned for the rape and so it is a fair assumption he did not have a lawyer when he confessed, and It has been reported by family members of Mr. Adams that he has a very low IQ (70 which according to the American Psychiatric Association is borderline functioning) and is easily manipulated.
It is therefore highly likely that this confession will at some point be challenged as a confession that was obtained in violation of the Constitutional right to remain silent. For a defendant’s confession to be admissible in court the State must show that the person freely and voluntarily waived their right to remain silent. The legal test set down by the United States Supreme Court and followed by the Courts of the State of Tennessee is whether under the totality of the circumstances the confession was voluntary. 
Factors that a court will look at to determine whether the confession was voluntary include but are not necessarily limited to: the length of the interrogation, where it took place (was the person in custody), the defendant’s mental acuity, his education, whether Miranda rights were read, and any physical or mental coercion. Mental coercion can include threats as well as inducements such as express or implied promises of leniency. Based upon the facts that Mr. Adams was in custody, likely did not have a lawyer present, reportedly has a low IQ and is someone who can easily be manipulated, it appears that Mr. Adams has at least a viable argument that his confession was not voluntary and should not allowed to be used as evidence against him. The likelihood of the success of any such motion will depend on other factors that we do not yet know, and it will be an interesting case to watch.
Brent Horst, Attorney, Board Certified in Criminal Trial Law
Nashville Tennessee.
Licensed in Tennessee and Florida
Domestic violence charges are very serious and can lead to significant consequences if you are convicted. If you have been charged, it is imperative that you work with a Nashville domestic violence lawyer who has the experience and knowledge to provide you with first-rate legal representation. The following provides some basics about Tennessee’s domestic violence laws.
What Exactly Is Domestic Violence?
Domestic violence is a specialized form of assault which involves a member of the family or household. The general perception is that domestic violence occurs primarily between spouses, but this is not necessarily the case. Among other relationships that can involve domestic violence are:
- A person from a previous relationship
- A child in the household, whether he or she is an adult or a minor
- An in-law
- An individual with whom the person previously resided
- A relative by adoption
Tennessee recognizes two main forms of assault: simple assault and aggravated assault. While your Nashville criminal law attorney can further distinguish between the two for you, generally the following applies:
- Simple Assault is either bodily contact or threats which are violent in nature and that are committed knowingly or recklessly. For instance, a verbal threat which gives the victim reasonable fear of imminent bodily injury is simple assault.
- Aggravated Assault takes simple assault further. As such, the perpetrator uses or displays a deadly weapon, causes serious injury, attempts to strangle the victim or assaults a person with the intent to commit harm while on probation or other legal order.
Penalties and Defenses for Domestic Violence
Your attorney will discuss the specific possible penalties in your case, but domestic violence is categorized as Class A through D offenses. Classes A and B are misdemeanors for which a monetary penalty up to $2,500 may be rendered, as well as between 29 days and six months in jail. Classes C and D are felonies; as such, the penalties are significantly higher—as much as a $10,000 fine and/or up to 15 years in state prison.
Your attorney will discuss possible defenses in your case. Sometimes domestic violence charges are made rashly and without substance, and then the person filing charges realizes that once the district attorney takes the case there is no going back. If it is evident that you will be found guilty, there are alternatives to jail and fines, such as diversionary sentencing.
If You Have Been Charged with Domestic Violence
Police generally dread handling domestic violence calls because often the situation in the household is quite volatile, and the potential for injury is high. If you have been charged with domestic violence, it is important that you work with a Nashville domestic violence lawyer who will vigorously defend your rights. Call Horst Law today at .
Do you know your constitutional rights against unlawful searches and seizures? The following FAQs from a Nashville criminal defense attorney can explain search and seizure law and inform you of your legal rights to protect and defend both yourself and your privacy in a court of law.
