Tennessee treats driving a motor vehicle under the influence of an intoxicant (DUI) as a major offense, says a Nashville DUI attorney, and its law enforcement agents investigate all suspected incidents thoroughly for all available evidence. In their investigations, state and local police first interrogate all suspects before they administer field tests for conclusive evidence.

The interrogation itself is in effect a preliminary test that gives the officer an opportunity to look for objective signs of intoxication in the odor of alcohol or in slurred speech.

Justifications for Interrogation

One reason for interrogating the suspect before testing for sobriety is to determine whether any pre-existing physical impairments preclude use of particular field tests. For example, field sobriety tests of the ability to balance on one leg would not be appropriate for a suspect with infirm or injured knees.

Our Nashville DUI attorney adds that by asking them for the date and time, an interrogation also can reveal whether suspects suffer from any mental impairment from alcohol or whether they can respond rationally with coherence and orientation to time and place. Asking whether they can say why the police stopped them has the same purpose.

Divided Attention Tests

Interrogation before field sobriety testing assesses the suspect’s divided attention ability. Divided attention requires the brain to perform two or more tasks at the same time. Under the influence of alcohol, the tasks become more difficult. Divided attention tasks measure the ability to perform mental and physical multitasking necessary to operate an automobile safely.

Several field sobriety tests divide attention because they require completion of two or more tasks at the same time:

• The walk-and-turn test requires the suspect to perform a difficult physical task while listening to and demonstrating comprehension of compound instructions.
• The one-leg stand test requires the subject to balance on one leg while counting aloud in thousands.

Two different field sobriety tests may combine as in these examples:

• A count-aloud test may combine with touching of the thumb to the fingertips in a finger-count test.
• Walking a straight line may combine with touching the heel to the toes in a walk-and-turn test.

There are also three types of interrogation that intend to divide attention:

• Asking for two things at the same time, both a driver’s license and the vehicle registration, for example.
• Asking questions to interrupt or distract.
• Asking unusual questions.

Consult a Nashville DUI Attorney

Anyone stopped for, arrested for, or charged with DUI should contact our Nashville DUI attorney Brent Horst as soon as possible to discuss the facts of the case with professional counsel skilled and experienced at handling drunk-driving cases. The governing law is complex, the prosecutors practice a zero-tolerance policy, and the courts are not reluctant to order severe sentences. The advice and advocacy of a Nashville DUI attorney are indispensable to every defendant. Call today to make an appointment.

A great deal of media attention is paid to the broad legal concepts associated with searches and seizures, including what should and should not happen when a motorist is pulled over by a law enforcement official. In addition, search and seizure and law enforcement motorist stops are featured fairly prominently in films and on television. Despite the ubiquitous nature of car stops and search related information, a great deal of what is presented in these forums is not necessarily factually correct. A Nashville criminal lawyer, faced with a client who was subjected to a police stop and subsequent vehicle search, is likely to spend a good deal of time examining the circumstances surrounding the stop. Any motorist is well-advised to understand some of the basics associated with a motor vehicle stop and subsequent search.

The Fourth Amendment and Police Stops of Motor Vehicles

The Fourth Amendment generally governs the issue of appropriate searches and seizures, including the stopping of motor vehicles and subsequent searches of a driver and passengers and the vehicle itself. A law enforcement official must have what is called a reasonable suspicion to believe a traffic offense or a crime has been committed to stop or pull over a motor vehicle. The reality is that courts across the United States are giving law enforcement officials broad latitude when it comes to pulling over motor vehicles and conducting searches based on probable cause.

What Police Can Do When a Vehicle Is Stopped

Law enforcement officials are legally permitted to take a number of steps following pulling over a vehicle based on probable cause of the commission of a traffic infraction or even a crime. After making a stop, a police officer can request the driver to tender a driver’s license and the registration documents for the vehicle. In addition, a police officer can ask specific identifying information. The officer can look inside the vehicle, including shining a flashlight into it. In doing so, the officer can seize anything in plain sight that is indicative of unlawful activity. The police officer is able to move any papers or item that obscures the vehicle registration number. Finally, the officer can order the driver and all passengers to exit the vehicle.

Additional Permissible Steps by Law Enforcement

A Nashville criminal lawyer is likely to explain to a client that a law enforcement official can take additional steps depending on the circumstances of the stop. For example, if the occupants of the vehicle (including the driver) engage in suspicious conduct, including not cooperating with law enforcement, the officer can pat these individuals down. If the police officer has probably cause that the vehicle contains evidence of a crime, the vehicle can be searched in some instances without the need for a warrant. A Nashville criminal lawyer can closely examine the circumstances of the stop and search, and challenge the process itself, if it doesn’t meet legal and constitutional muster.

Contact a Nashville Criminal Lawyer

A person charged with a crime arising from a traffic stop can schedule an initial consultation today with a Nashville criminal lawyer at Horst Law by calling .

Nashville criminal lawyer Brent Horst has represented clients who are charged with drug offenses such as drug trafficking. People who are accused of drug trafficking may be prosecuted through either state or federal court, and the potential penalties are quite severe.

What Drug Trafficking Is

Drug trafficking encompasses a broad range of activities, including the distribution, sales, transportation and manufacture of controlled substances. A trafficking charge is usually weight-dependent, meaning that the amount the person possessed exceeded a certain defined amount for that drug. If you are facing drug trafficking charges, the potential for serious consequences that can have a permanent and negative impact on your life is real.

Federal Penalties for Drug Trafficking

Most drug trafficking cases in Tennessee are prosecuted on the federal level, where you may face very long mandatory minimum sentences. The potential sentence you might receive will depend on the type of drug you are accused of trafficking, the amount and your criminal record. For example, a first offense of trafficking involving 5 kilograms or more of cocaine can lead to a sentence ranging from 10 years to life, along with a fine of up to $10 million for one person or $50 million if more were involved. The penalties vary significantly depending on what you are being accused of selling, but all involving trafficking of schedule I, II, III or IV drugs can result in sentences to federal prison for at least five years or more.

False Accusations and Conspiracy Charges

Along with drug trafficking, conspiracy charges are typically filed against others the government alleges were involved. In many cases, some of these people may not have even heard of the others. People are sometimes falsely accused by informants who are trying to get out from under their own potential charges. Because these informants are often scared about the potential for retaliation from their suppliers and others in the drug world, they may name people who are not involved simply to try to avoid being charged themselves. Being charged with conspiracy and drug trafficking may be extremely serious and very frightening for people who are charged but who are innocent. Conspiracy charges are used by the government to charge a large number of people using a single indictment. By doing so, the U.S. Attorney saves money. They only have to use one grand jury and may try multiple people in the same case, saving themselves time and effort in their prosecution. If you have been charged with drug trafficking and conspiracy, it is important for you to get the help of a Nashville criminal lawyer as soon as you are able to do so. Your liberty may otherwise be at stake.

Contact a Nashville Criminal Lawyer

Being charged with trafficking crimes can badly change your life. To get help from Nashville criminal lawyer from Horst Law, call .

If you have been accused of driving under the influence, a Nashville DUI attorney may be able to help ensure that your rights are protected. The 15-minute observation period for a DUI is often compromised by police shortcuts that can render a poorly administered breath test less credible at trial. Breath samples may only be collected once you have been observed by police for a period of no less than 15 minutes. The 15 minutes must be continuous and during this time you must not have ingested any alcohol, vomited, smoked or eaten any food. The continuous observation requirement is not always clear in its wording. Your attorney may choose to call an expert who can testify that you must have been observed continuously for 15 minutes prior to the administration of a breath test. This prevents alcohol in the mouth and stomach from interfering with the results of the breath test. Police often list the time spent in transit to the police station as a fulfillment of the observation requirement. This type of behavior is often deemed as inappropriate by a jury and may result in the test being considered invalid. Many prosecutors try to have the test deemed valid on the grounds of observation by multiple officers, including those who are unqualified to perform this duty.

Cross-Examination

Your Nashville DUI attorney should ask the observing officer if he or she understands the purpose of the continuous observation requirement. Most police officers are trained to avoid admitting to knowledge of how the breath test equipment operates. Your defense team should explain to the jury that the observation period is necessary to ensure an accurate breath test. The argument that the attending officer’s idea was not formed when administering the test affected his ability to do so properly.

DUI Defense

The red light example is a popular DUI defense strategy that your legal team may choose to employ. This strategy is based on the principle that people obey red lights because they know the alternative could result in death. Even though the law requires you to observe a red light, the risk of physical harm is generally the reason people choose to obey the law. If people were unaware of the danger in running a red light, the roads would be far more dangerous than they currently are. Most people would simply slow down to ensure that the road was clear before passing through the red light. In the same way, it is important for officers to understand why the 15-minute continuous observation period is necessary before an officer’s ability to understand and administer the test is credible. Officers should always have a clear understanding of the reason why a test or procedure is performed in addition to the proper methods of administration. This not only improves the effectiveness of the test and prevents you from receiving a false reading, but demonstrates that you were dealt with fairly. If this is not the case, your attorney may be able to convince the jury that the officer did not have the necessary understanding to administer the test or properly interpret its results.

Contact a Nashville DUI Attorney

Contact Brent Horst Attorney at Law today at to receive assistance from an experienced Nashville DUI attorney.

As your Nashville criminal defense lawyer will inform you, an adult who contributes to the delinquency of a minor can be charged with a crime. If you have been charged with contributing to the delinquency of a minor, it is highly recommended that you contact your Nashville criminal defense lawyer as soon as possible to help you with your criminal case. The following is information regarding an adult who has been caught contributing to the delinquency of a minor. If you have any further questions, your Nashville criminal defense lawyer will be able to provide further assistance to you.

What Is Considered to Be Contributing to the Delinquency of a Minor?

Your Nashville criminal defense lawyer will tell you that contributing to the delinquency of a minor is when an adult either helps or talks a minor into doing something that is considered to be delinquent. The act would be considered to be an act of Juvenile delinquency. A minor is considered to be anyone under the age of majority, which is typically 18-years-old. An adult is considered to be anyone over the age of 18, in most states. An example of an adult contributing to a minor would be if an adult provided a minor with alcohol. Since a minor is not allowed to possess alcohol, the act of possessing it is consider to be one of juvenile delinquency. The adult who provided the alcohol may be charged with a crime for giving it to a minor. Juvenile delinquent acts are not just related to the possession of alcohol. The laws may vary from state to state; however a delinquent act is frequently a criminal act as well. Check with your Nashville criminal defense attorney if you have questions about other acts that could be considered delinquency of a minor in your state.

Being Charged with a Crime

Depending on the act that was committed and how much you contributed to that act, you may be charged with either a misdemeanor or a felony for your role in contributing to the delinquency of a minor. In most states, it is likely that you would be charged with a misdemeanor if you provided alcohol to underage teens. However, this act could turn into a felony depending on the circumstances. In order to be charged with contributing to the delinquency of a minor, there are typically one of these elements present:

• An adult has committed an act or failed to prevent an act of juvenile delinquency
• This act, or failure to prevent this act, has caused the minor to become a delinquent, a dependent of the court, or a minor who habitually commits delinquent acts

Varying Laws from State-to-State

The laws of contributing to the delinquency of a minor can vary depending on what state you are in. In some states the law clearly states that only an adult who has custodial rights to the minor can be charged with contributing to their delinquency. However, other adults could still be prosecuted for their involvement. In some states, it is not even necessary to do the act in order to be charged with the crime. The intent to commit the act is enough for some states to prosecute an adult for contributing to the delinquency of a minor. Contact your Nashville criminal defense attorney to find out what the laws are in your state.

Exceptions to the Law

As your Nashville criminal defense attorney will tell you, there are some exceptions to the law when it comes to contributing to the delinquency of a minor. There are 40 states where there can be exceptions to the law when providing alcohol to a minor. While there are exceptions to contributing to this delinquent act, the exceptions are strictly defined and enforced. The following are the narrow exceptions that may be used as a valid defense if an adult was caught providing alcohol to an underage person:

• If the minor is at a private home and the parents have consented to the minor consuming alcohol. An example would be an underage person having a glass of wine at dinner.
• If the minor is at a private home but consumes the alcohol without the parent’s consent. For example, if the minor took some alcohol to drink when they were home alone.
• If the minor is consuming alcohol for religious purposes.
• If the minor is taking a medication that contains alcohol.
• If the minor is working undercover for a government agency or research for governmental purposes.
• If the minor is using the alcohol in an educational setting. For example, adding alcohol to a dish while learning to cook in class.

While these are exceptions to the law of contributing alcohol to a minor, keep in mind that these exceptions are valid defenses in certain states. The law in every state does not follow these exceptions, or is required to. Before contributing to the delinquency of a minor and providing alcohol to them, it is recommended that you know what the valid exceptions are in your state.

Contact a Nashville Criminal Defense Attorney

Contact your Nashville criminal defense lawyer today for an experienced professional to help with your case. Horst Law‘s Nashville criminal defense lawyer will help you fight for your rights during your case. Call . Brent Horst is an experienced trial attorney who will become your advocate through your case and get you the best results possible.

A Nashville domestic violence lawyer can discuss the ramifications of being convicted of a crime involving domestic violence. One such consequence is losing the right to own or possess a firearm. Violating this prohibition can cause a criminal defendant to face serious penalties.

Federal Law

A Nashville domestic violence lawyer will explain that individuals who have been convicted of a misdemeanor or felony domestic violence offense are not able to possess a firearm or ammunition, according to federal law.

Misdemeanor

Under federal law, an offense is considered a domestic violence offense if it involved physical force, an attempt to use physical force or a threat of using a deadly weapon. Additionally, the perpetrator must be the victim’s spouse, parent, or guardian, live with the victim or share a child with the victim.

Court Decision

The United States Supreme Court also weighed in on this topic in a case it heard in March of 2014. In that case, the Supreme Court held that force does not have to equate to physical force. Instead, this term applies to violent actions, as well as offensive touching. Therefore, a person can be convicted of a domestic violence crime that is not actually violent. The court based its decision on its finding that assaults in relationships often involve less severe acts, such as pushing, slapping and grabbing, as opposed to stabbing or punching. Even if the formerly-mentioned acts do not cause injury to the victim but are offensive, they are still considered acts of domestic violence. This includes acts in which the perpetrator only attempts to offensively touch the victim. A Nashville domestic violence lawyer can explain that any of these crimes can cause the perpetrator to be barred from possessing a firearm.

Legal Assistance from a Nashville Domestic Violence Lawyer

If you would like more information on this topic, contact a Nashville domestic violence lawyer from Brent Horst Attorney at Law at .

The justice system frequently treats adults differently from juveniles even if they commit the same crime. Learn about why juveniles are treated differently and the various ways they are treated when cases go to trial. You can also talk to a Nashville criminal lawyer to find out more.

For more help with your case, call Brent Horst today to arrange a consultation at (615) 259-9867.

If even one juror is biased against you for some reason, then your case might be sunk even before it begins. Therefore, your Nashville criminal defense lawyer will try his best to exclude any juror who can’t be trusted to be objective at trial. This slide deck contains information on how to best filter out the undesirable jurors.

For more help with your case, contact Brent Horst today to arrange a consultation at (615) 259-9867.

Rape is a very sensitive subject. It seems as though every day a sports figure or entertainer is accused of rape. However, there are times when such an accusation is brought merely for revenge or harm. Such a false accusation can destroy a person’s reputation. If you are accused of rape, it is essential that you work with a skilled and knowledgeable Nashville sex crimes attorney who will fight for your rights.

When a False Accusation Is Made

Some people are very reluctant to do anything about a false rape claim. A school teacher, for instance, stands little chance of ever being hired back into another position if a false accusation is brought simply because of the notoriety that the case may bring. Thus, some victims of false accusations are convicted in the court of public opinion before they even get to court. This can taint the jury.

It is often difficult to fight a false rape claim. A Nashville sex crimes lawyer will use every means to clear his client, but it is often difficult simply because this is such a sensitive subject. Once the defendant is exonerated he can file a civil suit. However, to do this the action cannot be related to anything said at trial, but rather must deal with false statements or other matters. The important thing to keep in mind is that while it may be difficult to clear your name if you are accused, it is possible.

A Nashville Sex Crimes Attorney Can Help You

You need to fight for your good name if you have been falsely accused. In order to do this, you will need the help of a strong Nashville sex crimes attorney. Call Brent Horst today to arrange a consultation at (615) 259-9867.

If you or a loved one are facing criminal charges, it’s important to have a knowledgeable, compassionate Nashville criminal attorney in your corner. Although every case is different, this article covers some basic information regarding warrants.

Understanding When Police Need a Warrant

As your Nashville criminal lawyer can explain, a criminal suspect is afforded certain Constitutional protections against unreasonable searches and seizures under the Fourth Amendment. On a very broad scope, this protection often takes the form of a warrant requirement for police before they can lawfully search your property. Police obtain a warrant by submitting a written request to a judge or magistrate detailing what they wish to search. They must prove to the judge or magistrate that they have probable cause that criminal activity is occurring at the place in question or that evidence can be found from the property that is the subject of the warrant. Probable cause can be a fairly broad standard. That said, the warrant must be specific as to the property or premises subject to the search.

Exceptions to the Warrant Requirement

Though the warrant requirement is the general rule when it comes to searches and seizures, there are notable exceptions. Your Nashville criminal lawyer can explain circumstances that would allow the police to search your property or premises without first obtaining a warrant. Those exceptions fall under a few broad categories such as:

• Consent of the owner;
• Evidence in plain view;
• Property search incident to an arrest (aimed at securing property for the officer’s own protection); or
• Emergencies (i.e. if a crime occurs right in front of the officer or he reasonably believes someone is in danger).

Your attorney can review how these exceptions might apply in your case if at all. If law enforcement violates the warrant requirement and no exception applies, the evidence collected under the defective warrant may not be admissible.

To speak to an experienced Nashville criminal attorney about your sensitive legal matters, contact the offices of Horst Law. For more information or to set up an appointment for an initial consultation, call .