Some psychologists are experts in discrediting eyewitness testimony. The experts can explain to the jury how human perception works, how people fill in blanks subconsciously, how when a gun is involved in a crime, the witness will focus on the gun and not even look at the person behind it; they can explain why a witness can truly believe they saw something that they just did not see. Our Nashville criminal defense lawyer is an expert and will increase your odds in court.

However, this area of expertise is still in its infancy and judges are currently distrusting of such testimony. Assuming the judge does not allow the testimony, how then can an eyewitness’ version be attacked … especially an eyewitness who seems likeable and trustworthy?

For instance, a thin, pretty woman in her 30s wearing a long white dress with flowers on it takes the stand, points at the defendant, and under oath says, “He is the man who entered my home without permission on May 1 around 11:00 a.m., pushed me down, and robbed me of the $2,500 I had in cash because I had just gotten my paycheck.”

Finding Frailty

Every witness has some frailty to expose. Finding out as much as possible about each witness is key. Perhaps the witness’ eyesight isn’t as good as it could be, therefore making a demonstration of their insufficient eyesight critical.

Perhaps the witness has a temper; getting a witness to act hostile in front of the jury can be very effective. Perhaps the witness has mental health issues or has been convicted of a crime. Perhaps the witness has a grudge against the accused giving a motive to lie. Perhaps the witness has a physical condition, the medication for which causes lapses in memory.

All of these frailties would call into question the reliability of the witness. This information can be gathered in many ways; a professional investigator can be hired, friends and coworkers of the witness can be interviewed and a search of the witness’ social media may reveal the answers needed. Every piece of information gathered about each witness is ammunition to be used on cross examination.

Internal Inconsistency

Even assuming the witness comes out of the investigation into their life without a scratch, inconsistencies inside the witness’ own version of events are often the most damning counter to their testimony. The witness will always testify to the day, time, and background of the incident, information you can get them to reaffirm on cross examination:

(Question) The crime occurred on May 1?
(Answer) Yes.
(Q) Around 11am?
(A) Yes.
(Q)You had gone home early that day?
(A) Yes.

All of which is likely to be information contained in the police report which the witness will have reviewed many times before trial. Once you have the witness agreeing to the basic facts, the questioning can get more specific.

(Q) You were working as a secretary at Smith & Smith at the time?
(A) Yes, for 5 years.
(Q) They pay very well, about $15 an hour for their secretaries?
(A) Yes.
(Q) At the time, you were working a lot because of a special project, 50 hours a week?
(A) Yes, I worked late a lot.
(Q) You were paid every two weeks?
(A) Yes.
(Q) Who actually signs the checks at your office?
(A) My manager Mr. Jones.

Once the witness has committed to answers in the before-mentioned background-type questions, then you can get to the point you want the jury to understand.

(Q) Would it surprise you that Mr. Jones said your company doesn’t hand out checks until the end of the day on payday?
(A) They must have handed them out early that day.
(Q) You said you were working late a lot because of a project, but that day you went home
early?
(A) I must have been tired that day.
(Q) Assuming you were working the 50 hours a week you claim, at $15 an hour, even with time and a half for the overtime, your paycheck would only have been $1650 for 2 weeks, not $2500 isn’t that true?
(A) It had to be $2500.
(Q) Because that’s what you told the police, $2500?
(A) Yes.
(Q) And you used that police report to file a claim with your homeowner’s insurance company, didn’t you?
(A) Yes.

Now the jury gets to start considering why this witness might not have been as trustworthy as she seemed at first, and the questioning would only get more specific as the testimony continued.

External Inconsistency

When one witness’ testimony differs from another witness’ testimony, the jury is often left trying to decide who to believe. Continuing with our example above, a defense witness takes the stand later and says “the defendant is my employee, I can tell you that on May 1 he was at work. Our work day is 8 to 5 with a 1 hour lunch between noon and 1pm. Our office is 10 miles from where the crime occurred.”

The argument can be made that this witness is more trustworthy than the first witness. Why? This witness has no stake in the outcome, she is just the defendant’s employer, not a family member, spouse or even a friend. Also, though the argument could be made that the defendant may have taken an early lunch, the crime is alleged to have occurred at 11:00 a.m. ten miles from where the defendant works. Wouldn’t the defendant have had to leave at 10:30 a.m. to commit the crime? Keep in mind, it is not the defendant’s job to prove he is innocent. The prosecution has to prove the case beyond a reasonable doubt. Wouldn’t it be reasonable that if the accused left work at 10:30 a.m. his boss would notice? Conflicts between two witnesses are very difficult for the jury to reconcile.

Focusing the jury away from the adverse eyewitness
Even after all testimony concludes, the task of discrediting an eyewitness continues during closing argument.

Not only would the deficiencies previously stated be concentrated on in closing, but additionally the closing argument should shift focus from what the prosecution presented to the jury (the eyewitness’ testimony) to instead what they have not presented. Was DNA provided? Fingerprints? Additional witnesses?

The jury should be left with the question of why there was a lack of corroboration for the mere word of one person whose frailties have already been exposed, whose testimony contradicted itself and contradicted the testimony of other more trustworthy witnesses.

No juror wants to be responsible for convicting an innocent person. If the eyewitness’ testimony is effectively attacked, each juror can be confident in voting Not Guilty.

This the kind of attack on eyewitness testimony that a good Nashville criminal defense lawyer should provide. This is the kind of defense work you receive from Horst Law. .

Despite the best efforts of our Nashville sex crimes attorney, a jury might find you guilty of a sex-related offense. The judge will then sentence you, basing his or her decision on several factors. Criminal statutes generally include a range of sentences, including possible fines, community notification information and minimum and maximum sentences.

Mitigating and Aggravating Factors

The judge will review mitigating and aggravating factors and usually outline these factors when he or she announces the sentence in open court. Mitigating factors might include the defendant’s young age, lack of a criminal history, or the fact that he or she was influenced to commit a crime by someone older or more responsible. Aggravating factors include premeditation, seriousness of a crime or other considerations that might warrant a more severe penalty.

Federal and State Laws

The federal government, along with each state, has their own sentencing laws in place for sexual assault, along with specific sentencing ranges. For example, federal law requires judges to consider a defendant’s acceptance of responsibility for his or her actions along with the defendant’s criminal record. In a sexual assault case, the law allows for fines and includes a maximum sentence of up to 20 years in prison. The defendant must repay victims for any expenses that directly stem from the offense, including the following:

• Emergency room visit
• Medical treatment
• Counseling
• Physical or occupational therapy
• Legal costs and
• Related expenses.

Our Nashville sex crimes lawyer can provide you with specific details on how much restitution you will need to pay if applicable in your case.

State Examples

Sexual assault in New York is a class D felony. The sentencing judge can work within the predetermined parameters imposed by law. However, the judge sets an “indeterminate” sentence, meaning that it is not the exact sentence but a range of time somewhere between the very minimum and highest maximum. The exact sentence depends on the person’s behavior, along with other factors, while in custody. In New York, these time frames range from one year to seven years. The judge narrows down the sentence so that it falls within those parameters. On the other hand, in California, the courts can fine a person up to $10,000 for sexual assault, along with sentence him or her to two, three or four years in prison. The courts call this a “determinate” sentence since it refers to a specific prison sentence. Again, when deciding on a sentence, the judge looks at mitigating and aggravating factors, along with other considerations, before ruling on an exact sentence. Tennessee has established their own set of laws related to sexual assault offenses as well. For specific details on how these laws relate to your case, speak with our Nashville sex crimes attorney.

Call Our Nashville Sex Crimes Attorney

Horst Law can provide you with further information on mitigating and aggravating factors in your case. Call us at .

Your Nashville criminal defense attorney will help you to understand your Miranda rights.

A Nashville Criminal Attorney Can Explain How You Are Protected by Miranda Rights

Under Miranda, you have the right to remain silent and any statement you make can be used against you in a court of law. You also have the right to consult with an attorney and to have the attorney present while you are being interrogated. If you are not able to afford an attorney, you can be appointed one at no cost.

Understanding When Miranda Applies

Your Nashville criminal attorney will tell you that the police are required to administer the Miranda warnings at the time you are taken into custody and prior to conducting an interrogation. You will not necessarily be handcuffed and jailed to be considered “in custody.” If you have been arrested or your freedom of movement has been severely restricted, then you are viewed as in custody. If a reasonable individual does not feel free to walk away, then this is considered to be in custody. To invoke your Miranda rights, it is sufficient to say something akin to, “I am not answering any questions.” Simple silence is not enough. The optimal time to invoke your Miranda rights is right after they have been read to you and prior to answering any questions or making statements. You can assert these rights at any juncture when you are being questioned by the police even if you have responded to questions or made statements.

Understanding What Will Happen If Law Enforcement Does Not Read You Your Miranda Rights

If the officers do not read you the Miranda rights, statements you have made cannot be used as evidence in court. In addition, if the police find evidence because of a statement made prior to being Mirandized, this evidence will be tainted and can be excluded.

Contact An Experienced Nashville Criminal Defense Attorney

If you have questions about your Miranda rights, call to speak to Nashville criminal defense attorney Brent Horst Attorney at Law.

Criminal court procedures vary somewhat from jurisdiction to jurisdiction, but there is a basic sequence of events that will apply to almost all criminal proceedings. This process can be quite complex. As such, you should seek advice from a qualified Nashville criminal attorney right away.

Pre-trial Proceedings

After your arrest, you will make your first appearance before the judge. You will be told the charges against you and advised of your rights. The judge will likely schedule a future date for a preliminary hearing. As soon as possible after your arrest you should consult with a Nashville criminal defense lawyer.

At the preliminary hearing the judge will determine if there is probable cause to try you for the crime. In other words, the judge will decide whether the facts establish that a crime has been committed and that you committed the crime. Unless your case is dismissed for lack of probable cause, you will enter a plea of guilty or not guilty.

If you plead guilty the judge will most likely set a future date for sentencing. If your plea is “not guilty,” the judge will set a trial date. In the meantime, you may be released on bail or released on your own recognizance. Depending on the seriousness of the crime, you may be sent back to jail to await your trial date. For obvious reasons, it is in your best interest to avoid pleading guilty. A skilled Nashville criminal defense lawyer can analyze the facts of your case and make a determination as to your best course of action.

During Trial

If your case is going to trial, the prosecution will pull out all of the stops to get a conviction and we will help you fight back. Attorney Brent Horst will try to seat the best jury possible and vigorously cross examine the prosecutor’s witness. After that we will present your defense case to the jury and deliver a powerful closing argument to convince the jury of your innocence. 

Hire an Experienced Nashville Criminal Attorney

Regardless of what stage your case is at or whether you are facing misdemeanor or felony criminal charges, we can help. Horst Law may be reached at for a consultation.

Nashville criminal defense attorney Brent Horst understands that being arrested is never a positive experience, and the defendant often feels intimidated during the booking process. Defendants have very few rights when being initially booked with the exception of notifying someone outside of the jail. Actually, depending on case circumstances, bail is often set before anyone is contacted on the outside because most courts have a set policy on bail and bond schedule amounts for typical cases. Cases involving extenuating or mitigating circumstances can take longer if the judge feels the defendant is a flight risk or multiple charges have been filed against the defendant. Conversely, bond amounts can also be lowered when the judge feels a particular defendant has minimal involvement in any criminal behavior.

Bail and the Bonding Process

Bailing out of jail is usually what occurs when a defendant is allowed to post 10% of the bond amount and is released. These defendants either have a clean criminal history, or their record has always indicated that they have appeared in court as ordered. The defendant’s ties to the community can matter also, with respect to length of time living in the region and local family. However, for those defendants who cannot qualify for bail, the state of Tennessee does utilize bonding agencies in case prosecution, and often even a defendant with an established criminal history can find a bonding agency. Having a reputable Nashville criminal defense lawyer can make a real difference when looking for a bonding agency because it can be seen as a character reference in some cases. Bondsmen can still request collateral when ensuring your court appearance as financial protection against failure to appear. In addition, a promissory note may also be required with a co-signatory when charges are serious enough to warrant a high bond level. Sometimes input from your Nashville criminal defense attorney and the bonding agency can result in a reduced bond amount or a surety bond.

Own Recognizance Release

Being released on your own recognizance is commonly done when the defendant is being charged with a minimal non-violent crime and there is no history of contempt of court or failure to appear. These are usually defendants who have a solid employment record or are attending school. Education requirements can be justification for a defendant to request work release just like employment, and many times the court will opt for a form of own recognizance release or lessened bond amounts. This also reserves the opportunity for a work release if an incarceration term is part of the punishment. Your Nashville criminal defense attorney can be instrumental in negotiating with the court for a bail release on your own recognizance when your counsel can demonstrate personal responsibility on your behalf.

Excessive Bail

While the United States Constitution literally states that bond amounts for a defendant cannot be excessive, judges still have significant power in latitude when setting bond levels. Multiple charges can support the judge combining the standard listed station house bond amounts. Bond amounts can also be elevated when aggravation charges can be applied, often times moving a misdemeanor charge into the felony category. Felony charges are much more serious in nature and the bond schedule amounts reflect that seriousness. This is especially true when it appears that the state has a very strong case. Sometimes your Nashville criminal defense lawyer can negotiate with the court to allow release of some type that could also allow the defendant to work and earn resources necessary to defend the charge. It is clearly more difficult to defend charges while still being incarcerated because the defendant can provide more help to their legal counsel when released until the actual trial date.

Forms of Payment

The court can set the standard on the type of bond payment, including requiring bond be posted in cash for egregious criminal charges. This can also be done even when the defendant has no prior record. In addition, most 10% posted bond amounts are also done in cash because the payment is still processed through the bank. States like Tennessee that allow bail bondsmen rarely use the 10% standard because a bonding agency will usually charge 10-15% of the total bond amount as an administration fee for carrying the bond. The bonding agency then becomes a surety bond holder for the court, shifting the administrative burden to the bondsmen. This means that if you skip court, the bonding agency officers will also be looking for you as well as the local authorities.

Bond Reimbursement and Jail

Individuals who cannot meet the terms of bail will be lodged in jail until their arraignment date, and sometimes until their actual trial. Each court date is a formal opportunity for your legal counsel to request a change in bond requirements. Individuals who are required to post cash bond with the state will have the amount returned minus an administrative fee when the case is finally settled. Bonding agents do not refund required upfront payment because this becomes the bonding agency fee. Defendants who eventually receive jail terms are usually eligible for work release when appropriate, but the administrative fee for work release is not reimbursed. Always remember that work release is a privilege and can be easily revoked.

Contact a Nashville Criminal Defense Attorney

Anyone facing a criminal charge in the Nashville area should contact Brent Horst Attorney at Law at for a full evaluation of your criminal case.

Our Nashville criminal lawyer will help you to understand grand juries and why criminal prosecutors use them as an integral part of their investigations.

What A Grand Jury Does in a Criminal Case

With the grand jury, the jurors will be selected from the same gallery as normal trial jurors. The defense attorneys have no say in issuing a challenge or in the selection process. In general, the grand jury will have between 16 and 23 members who will sit for 18 months. They will only have to sit on the grand jury for a few days out of every month. Your Nashville criminal lawyer will tell you that the grand jury will hear evidence in a number of investigations that are in progress simultaneously. The grand jury can investigate anything even if it is a flimsy rumor or suspicion. Reasonable suspicion nor probable cause are needed for a grand jury to investigate a case. The grand jury is not an impartial body. They will only hear evidence that the prosecutor decides to give them. Much of that information might be hearsay coming from interviews that law enforcement has put in summary form. The prosecution instructs jurors on the law. The prosecutors will frequently tell the grand jury that it is not their responsibility to decide on guilt or innocence. Their job is to decide whether there is probable cause for an indictment. Members of the grand jury will learn that the day will move along rapidly if they do not ask a large number of questions and vote for an indictment when they are asked to do so. The grand jury is not apt to be charmed or vulnerable to persuasive techniques. As a defendant, you will want to avoid testifying. If you do testify, you should try to get in and out as fast as you can while saying a minimal amount.

The Grand Jury Proceedings Are Held in Secret

In the grand jury room, the only people there will be the prosecutor, a court reporter and the witness. Certain jurisdictions will let a witness have an attorney present. Others will have the attorney stay outside the room with the witness allowed to leave to have a consultation with the lawyer. Apart from the witnesses, everyone present in the grand jury room is told not to share information about the proceedings. That does not mean there will not be leaks. In many courthouses, the grand jury room is located where it is easy for the media or targets of the investigation to see who enters and exits and try to ask questions of those who look to be witnesses.

Call an Experienced Nashville Criminal Lawyer

If you have questions about the grand jury, call to speak to Nashville criminal lawyer Brent Horst Attorney at Law.

The use of anonymous informants in DUI cases is not the most common usage of an informant in criminal law. However, it does happen and it could happen to you. Our Nashville DUI lawyers know how to defend against serious DUI charges and will fight to keep this unlawful evidence out at trial.

Anonymous Informants Must Provide Predictability and Specificity

Generally, anonymous or confidential informants provide information to law enforcement letting the authorities know that somebody has will commit a crime. The overriding question is whether or not the “tip” was lawful. Unfortunately the law is not clear as to when or how an anonymous informant’s tip will be sufficient to justify an arrest. Because the law is vague, you need a Nashville DUI attorney who is a knowledgeable and persuasive advocate.

There is Supreme Court case law based on a Florida case allowing an anonymous tip to be used as evidence where the informant was able to predict the defendant’s actions with specificity. She told the police when the suspect would make her move, what car she would be driving and where she was going. This judges found that this was enough information to give the police reasonable suspicion and detain the suspect.

Conversely, there is case law where the Supreme Court found that the informant’s statement was too general to justify detaining the suspect. In the case, the informant only provided a description of the suspect’s shirt and the bus stop where he would be.

Fighting these cases requires balancing the facts of your case against the legal precedents and convincing the judge that the informant’s testimony is insufficient. These cases are very fact-specific. A Nashville DUI attorney with superior trial skills is necessary to build an effective defense.

Trust the Skills of Our Nashville DUI Attorney

You should seek legal representation as soon as possible after being arrested and we are standing by to take your call. Regardless of the circumstances leading to your arrest, Nashville DUI lawyer Brent Horst can help. Don’t wait! Call us at for a case consultation.

If you have been arrested for a crime, you will want to call your Nashville criminal lawyer for a consultation immediately. A skilled and knowledgeable Nashville criminal lawyer can help you with any criminal charges that you are facing. The following information from your Nashville criminal lawyer discusses the discovery of evidence in a criminal case and how that can happen in three steps. If you find that you have further questions after reviewing the information, contact your criminal lawyer for a consultation.

The Three Steps of the Criminal Discovery Process

Step One: Voluntary Disclosure

During arraignment, the prosecution may make a voluntary disclosure which could include:

• Your criminal history
• Copies of any statements you made to law enforcement
• Offer to make documents available

Step Two: Request for Discovery

In most courts, the defense is responsible to make a request or a demand before they file a motion to seek discovery.

Step Three: a Motion for Discovery

If your criminal attorney does not receive the information they were looking to receive, then they will likely file a motion for discovery with the court. While the law of discovery is typically not favorable, most courts will encourage or order the prosecution to provide the discovery of some, or all things, sooner than what is required. It is up to the court’s discretion to do so. There are several arguments that could be made to appeal to the court’s discretion including: your attorney’s ability to advise you properly without having the additional discovery, you do not pose any danger to the witnesses, or your attorney needs to investigate the additional discovery.

Contact a Nashville Criminal Defense Attorney

Having a skilled and experienced Nashville criminal defense attorney by your side can be extremely beneficial in your criminal case. Call the Nashville criminal defense attorneys of firm-name] today at . We have the knowledge and dedication to help you get the best possible outcome in your criminal case. Call today for your consultation!

Our Nashville criminal lawyer sometimes sees cases that involve an illegal search and seizure, which means that the evidence will need to be suppressed. If the evidence includes drugs, weapons, sex-related materials or other damaging materials, the suppression could mean a dismissal of the entire case. Your Nashville criminal lawyer might intentionally challenge a search and seizure in order to see what type of evidence the prosecution plans to present at trial.

Warrantless Searches

In a warrantless search, the prosecution needs to show that they had probable cause to ask for a search. This means that they believed that you had committed a crime or had some type of related evidence at your home or in your possession. In order to prove this, the prosecution will need to reveal at least part of the evidence in court. Your Nashville criminal lawyer will review the prosecutor’s response to your legal team’s motion to suppress in order to seek additional information about the prosecution’s case.

How to Determine If Your Lawyer Can Request a Suppression

Your attorney will ask the following questions to see if evidence in your case should be suppressed:

• Were you stopped or arrested? Any statements made or evidence obtained might be suppressed.
• Did the police take or look at any of your possessions, such as your wallet, a backpack, a computer case, briefcase, books, drugs, guns, records or a computer?
• When they took that item, did they further examine it, such as files or a computer?
• Did the authorities ask for a hair, urine or blood specimen?
• Did the authorities search your vehicle?
• Did they enter or search your residence or anywhere around your residence or your place of employment, whether you were or were not present at the time?
• Did the police listen to, intercept, overhear or record any telephone conversations or access your personal mail, email or computer communications
• Did the authorities use drones or other types of technology to check on you or attempt to use unusual means even when you would normally expect that your actions or conversations would be private?

Call Our Nashville Criminal Lawyer

Our Nashville criminal lawyer, Brent Horst Attorney at Law, can review your case to determine if there is a problem with a search and seizure. Call us at .

When Nashville DUI attorney Brent Horst represents people who are charged with DUI offenses, he explains that there are certain factors that can lead to the offense as being treated as an aggravated DUI rather than a standard one. While Tennessee already provides severe penalties for standard DUIs, the potential penalties when there are aggravating factors present are much more serious. If you have been charged with a DUI, here are the factors that can be used by the prosecution and the judge to enhance the penalties you’ll be facing.

Having an Extremely High Blood Alcohol Concentration

In Tennessee, the blood alcohol concentration, or BAC, limit is set at .08 percent. If you are stopped with a level of at least that amount as shown by breath or blood analysis, you will be charged with driving drunk. If your BAC tests at .20 percent or more, the state’s law considers your level to be extremely high. At this level, the penalties you will face will be much more severe than those for a person whose level is lower.

Having Minors in the Car

You can also face enhanced penalties if you were charged with driving drunk when you had a minor in the car with you at the time. In Tennessee, these enhanced penalties can happen if you have anyone under the age of 18 riding along with you.

Having Several Prior DUI Convictions

If you have one or more prior DUI convictions, you can expect your penalties to be more severe with each successive one. Each state treats successive DUI offenses differently, so to learn more about the penalties you might be facing for a successive DUI offense, you should talk to your Nashville DUI attorney about it.

Getting a DUI While Driving on a Suspended or a Revoked License

When a person is charged with a DUI while driving with a suspended or revoked license, they will face enhanced penalties beyond that which they would otherwise have faced. Even if no accident happened and no one was injured, the penalties may still be enhanced. This is because courts view driving drunk on a suspended license as indicating a lack of respect for the law.

DUI While Speeding Excessively

If you were driving a significant amount over the speed limit when you were stopped and charged with a DUI, you may face more severe penalties. Courts tend to sentence people who were speeding excessively at the time of their DUI offense more harshly. This is because speeding while drunk is considered to be even more dangerous than driving drunk without speeding, due to problems with slowed reaction times and other factors.

Causing a DUI Injury Accident

If you caused an accident while you were driving drunk, that will absolutely cause your charged offense to be aggravated. If your accident resulted in the serious injury or death of another person, you will be charged with felony offenses as a result. These offenses range in their potential for prison time depending on whether the person was injured or killed.

Why Getting Legal Help Is Important

When you have been charged with a DUI in Tennessee, it is important that you seek help from a Nashville DUI attorney as soon as possible. An attorney who has experience with defending against DUI cases may be better able to identify problems with how you were stopped or how the testing was performed. They may be able to build a defense that is strong to help you obtain a more favorable outcome. They may also be able to secure a plea to a lesser offense if your drunk driving incident was one that was charged as an aggravated DUI offense.

Contact a Nashville DUI Attorney

To meet with a Nashville DUI attorney, call Horst Law at to schedule an appointment.