Both state and federal legislation addresses sex crimes depending on the location, type and severity of the offense. While offenses under either jurisdiction carry harsh penalties, federal offenders face mandatory minimum sentences. This is similar to how drug offenses are handled; some are handled in state courts while others are overseen by the federal courts. However, federal laws also encompass bankruptcy, antitrust, banking and postal crimes, copyright offenses and other types of cases. In a few situations, a sex crime could be heard by either a state or federal court. The involved parties can choose where the case will be decided. Our Nashville sex crimes lawyer can offer suggestions on which jurisdiction might offer you the best chances for the most favorable outcome in your case.

Types of Federal Sex Offenses

Federal sex offenses can include crimes that involve juveniles such as rape, sexual abuse or assault, possession or distribution of child pornography, repeat offenders, human trafficking, sexual exploitation of children, buying or selling children for sex and other related crimes.

Prosecuting Federal Sex Offenses

The penalties for sex offenses, either state or federal, can include time in prison, community supervision, court fees and fines, counseling and mandatory sex offender registration sometimes for life. The sex offender registry means that your crime follows you for years. Your personal information, a photo and a summary of the crime are posted on websites for the public to see. Anyone can access this information through a simple Internet search. You might be restricted from living in certain locations or going to some restaurants or churches.

If you serve prison time, you could be treated at a Federal Medical Center. You might be ordered to enroll in either the Sex Offender Management Program or the Sex Offender Treatment Program, two intense counseling programs that group many sex offenders together as they go through treatment. Our sex crimes lawyer in Nashville might negotiate a plea agreement on the behalf of clients in order to minimize the penalties they face.

Consequences of a Felony Conviction

If you are convicted of a federal sex offense, your reputation in the community and your career could be ruined. The requirement to register as a sex offender and the stigma associated with the charges can permanently affect your future and that of your family. You might not be able to obtain housing, a job or attend your school of choice. Our seasoned federal sex offense lawyer can discuss strategies for your defense.

The effects of charges for a sex crime can linger for years. If you are facing charges for a state or federal sex crime, call our Nashville sex crimes lawyer for help with your case. You can reach Horst Law at .

The state and federal government has enacted harsh penalties for sex offenders, especially when the person commits a crime against children. Part of the sanctions against a convicted sex offender includes mandatory and permanent registration as a sex offender. The Adam Walsh Child Protection and Safety Act of 2006 tightened up already strict requirements even more. All states must comply with minimum federal standards related to time frames for registration, in-person confirmations and any personal information that the public can access. Our sex crimes attorney in Nashville can provide you with additional information on how these laws could affect you.

Requirements for Registration

The laws on who must register as a sex offender vary by state. Many states include a person convicted of committing a violent offense or crime against a child. Some examples might include rape, peeping, prostitution of a minor, sexual battery and kidnapping. However, this list is far from exhaustive, and our sex crimes lawyer in Nashville can provide you with information on registering as it relates to your specific conviction.

Registration Time Frames

The offender must register within three days of their release from jail or prison. He or she is required to register in person at the sheriff’s office. Although they might use different terminology, most states place offenders in three categories: low-risk, medium-risk and high-risk. A low-risk offender might be required to register for 15 years but could ask to have his name taken off the registry after 10 years in some cases. The medium-risk offender and high-risk offender must comply with lifetime registration. Clarify this information with your attorney, because the requirements can change.

Details About Registration

An offender needs to give the sheriff’s office specific information, such as their name, contact information, employment, birthday, gender, race, weight, height, hair and eye color and driver’s license number. He or she must also provide their fingerprints, information about the crime they committed and a current photo.

Taking Your Name Off the Registry

You need to be pardoned or have your conviction removed in order to take your name off the registry. Even so, you will need to wait at least 10 years before you can petition the state for this privilege. It is up to the court if they will grant the request. The person must show he or she has been compliant with registration, law-abiding, and is no longer a threat to public safety. However, the prosecution will challenge your request to remove your name from the registry.

Working With a Sex Crimes Attorney in Nashville

The stigma of sex offender registration can follow you for years. If you want additional information on how to remove your name from the registry, call Horst Law at .

Last week it was reported in the national media that a legislator in New Jersey is attempting to enact a rape by fraud statute in New Jersey.

I wish I could say that this is just one isolated law maker in one isolated state and that no such crime would ever actually be enacted in a country or a state that purports to value liberty and freedom.  However, Tennessee is one of four states which already has a rape by fraud law, See, Tennessee Code .Annotated 39-13-503(a)(3), and fraud in Tennessee is defined in T.C.A. 39-11-106(a) (13) which states: “the term is used in normal parlance and includes, but is not limited to, deceit, trickery, misrepresentation, and subterfuge, and shall be broadly construed to accomplish the purpose of this title”. In my opinion this definition is broad enough to include a simple lie.

Any Lie, Big or Small, Could be Construed to be Rape by Fraud

There are certainly many people who believe this is a good thing.  I do not, at least not under the very broad definition of Fraud in Tennessee which would allow a prosecution for rape by fraud in almost any case where a person told any lie to induce their partner.  The lie sufficient to constitute fraud under the very broad definition of fraud could include any lie including whether that lie was to deny being married or a lie about being a doctor worth millions when he was a bar tender in bankruptcy.

These Types of Laws Criminalize What Should be Private Disputes

The proponents of these types of laws will claim that these laws are only to be applied to the most abusive cases and that prosecutions are rare, and a prosecution for rape by fraud for telling a simple lie is even rarer or even non-existent.  This does not make me feel any better.  Any law that is on the books has the potential to be misused by over zealous or corrupt prosecutors. Furthermore, as a criminal defense attorney I have seen over the past 25 years how various States and the federal government have increasingly inserted the government into controlling and regulating through the criminal law what should be private relations or private disputes. As that trend continues the likelihood that a law such as the rape by fraud statute will be used to inflict upon the citizenry the government’s politically correct agenda increases.

Should the Government be Criminalizing Private Behavior?

Lying to get someone to sleep with you is certainly immoral but is this something that the government should be criminalizing? I don’t think so.  At some point individuals must take responsibility for their own actions which include taking responsibility for vetting who they decide to sleep with.  Otherwise we start to take a very terrifying ride down the slippery slope of having the government regulate and criminalize everything we do, including telling someone you love them.  For under a strict application of the Tennessee Rape by Fraud Law, if you tell her you love her just to sleep with you could be arrested, tried, and if convicted sent to prison for 12 years.  Welcome to the Nanny State.

Brent Horst, Attorney, Nashville Tennessee

Board Certified in Criminal Trial Law

Licensed in Tennessee and Florida

The journey from arrest to initial court appearance can be difficult for any defendant in a criminal case. If you are a defendant, your journey will be much smoother if you are represented by an experienced and knowledgeable Nashville Criminal Defense Lawyer.

You may not fully understand the reason, but your right to remain silent will be very important when the police take you into custody. As your Nashville criminal attorney will tell you, you must properly invoke your Miranda Rights as the police officer is questioning you.

Drug trafficking is a far more serious charge than drug possession. Individuals facing a trafficking charge will generally face far stiffer penalties if convicted. A skilled drug crimes attorney in Nashville can review the specific charges against their client.

Basic Facts about Drug Trafficking

Trafficking charges generally relate to defendants suspected of manufacturing, selling or distributing illegal drugs. This is a much more severe charge than mere possession or use of an an illegal drug. State laws look at the type and quantity of the substance involved as well as the intent of the suspect.

Type of Drug Involved

If a criminal suspect is caught with an illegal drug such as heroine or cocaine, a trafficking charge may attach even if the quantity in question is relatively small. These “harder” drugs are deemed to have no medicinal value and the law often presumes that possession in sufficient quantities shows an intent to sell or distribute. Drugs such as marijuana or others that have some medicinal value will require the possessor to have a much larger quantity in order to have a trafficking charge attach.

Drug Trafficking Penalties

The key question when discussing criminal penalties is whether the defendant faces misdemeanor or felony charges. Felony charges are much more severe and often include significant jail time and fines. Additionally, felony convictions can follow the defendant around for the rest of their lives making it difficult for them to find employment and housing in some cases. If convicted of a trafficking charge as opposed to mere possession, even a first time offender can face a felony conviction.

Federal Drug Charges

In some cases, a drug trafficking charge can be pursued in Federal Court. In particular, if the alleged trafficking crossed state lines, included wire fraud or is part of a RICO case, the defendant may be charged in federal court. In both state and federal court, drug trafficking charges often have mandatory minimum sentences.

Facing Drug Trafficking Charges

Due to the seriousness of the potential penalties, it’s important that a criminal defendant understands what they’re up against if facing a trafficking charge. An attorney can review the charges and probe for any weaknesses in the prosecution’s case. Additionally, inquiry can be made into how law enforcement collected evidence and investigated to ensure the defendant’s constitutional rights were protected.

An experienced drug crimes lawyer in Nashville can assist you with building a defense strategy in the event you face charges. The sooner you engage the services of an attorney, the more options you may have. To schedule an appointment for an initial consultation with Horst Law, call .

Child molestation charges can expose the offender to serious, lifelong consequences. If you face charges, you should discuss your case with an experienced, compassionate Sex Crimes attorney in Nashville who can review your charges and help you understand what to expect from the criminal court process.

Child Molestation Charges

Child molestation and child pornography charges carry some of the most serious consequences available to a criminal defendant. If convicted, you may face felony penalties including significant jail time and life-long reporting requirements with the sexual offender registry. Therefore, it’s important that you discuss your case with a qualified attorney who can help build a defense strategy tailored to your specific circumstances.

Building a Defense Strategy

In any criminal defense case, an attorney can review the facts surrounding how evidence was collected and the specific charges filed. Criminal defendants are afforded particular rights in the evidence-collecting and investigation phase. If evidence was collected in violation of due process rights and prohibitions against unreasonable searches and seizures, this could form the basis for a defense strategy. For example, if police collected evidence without a proper warrant or beyond the scope of an issued warrant, your attorney may petition the court to have this evidence suppressed.

Regardless of the crime charged, the prosecution has the burden of proving each and every element against the defendant beyond a reasonable doubt. Your attorney can review these charges as well as the evidence probing for any weaknesses in the case. In some cases, these weaknesses may be enough to warrant a dismissal of charges. In other cases, they may be used as a negotiating tool for a lesser charge or plea bargain. Your attorney cannot guarantee a specific result, but these are some of the considerations that may go into building a defense strategy.

Your Role During the Criminal Process

If you have been charged, you may be under a court order or bail conditions pending trial. It’s important you understand what these are so discuss them in detail with your lawyer. You must show up for any court hearings and obey orders such as refraining from drugs or alcohol or having contact with the victim. If you fail to follow court orders, this can put your freedom at risk and expose you to additional charges.

If you have been charged with child molestation or other crimes, it’s critical that you engage the services of a skilled Sex Crimes lawyer in Nashville as soon as possible. The sooner you have sound legal advice, the more options you may have for building a defense. To make an appointment with Horst Law, call .

While once considered a reliable and key piece of evidence, eye witness identification has fallen greatly out of favor in criminal cases. There have been scientific studies that have shown that this type of evidence is actually much less useful than originally believed. Your Nashville criminal attorney has explained below the ways in which he may challenge eye witness identification against you.

False Memory exists. I know. I have represented a lot of fathers falsely accused of child sexual abuse by vindictive ex-girlfriends or wives. A great expert in child false memory and parental alienation is right here in Nashville Tennessee, Dr. Bill Bernet.

Tennessee requires sex offenders to register with the Sex Offender Registry. If you or a loved one has been convicted of a sexual offense, it’s critical that you understand what’s required and the consequences of failing to comply. Discuss your case with an experienced Nashville sex crimes attorney to get all the facts.

Classification of Sexual Offenses

Sexual offenders and violent sexual offenders are required to register. Sexual offenders are those individuals who have been convicted of a sexual offense as defined by the Texas legislature. Your attorney can review your charges and help you understand if you fall into this category. Violent sexual offenders are those who have a qualifying conviction under the statute.

As can be expected, the reporting requirements for violent sexual offenders is far more stringent than for sexual offenders without that violent classification.

Reporting Requirements

Sex offenders must register with local law enforcement where they live. For violent offenders, reporting must be done quarterly. Nonviolent offenders report annually within a few days of their birthday. For violent offenders, their registration requirements will be for life. Nonviolent offenders may be able to petition the court after ten years to cease reporting. It’s a good idea to discuss your case with a qualified attorney to help you understand the grounds for having your registration requirements removed. Every case is different.

Consequences of Failing to Report

If an offender fails to report, it can expose them to felony charges. Discuss this with your lawyer to ensure you fulfill your requirements and avoid additional charges.

The Role of Your Defense Attorney

If you or a loved one has been charged with a sexual offense, the sooner you seek sound legal advice, the better. Although your attorney cannot guarantee an acquittal or dismissal of charges, he or she can review how evidence was collected against you and the specifics of your charges. Your attorney can also negotiate with the prosecuting attorney on your behalf. A plea bargain may be an option depending on the specific facts of your case. Again, your attorney cannot promise the prosecution will agree to a lesser charge, but if there is any chance your charges can be reduced to something less than a reportable sexual offense, this is a defense area you may wish to explore.

If you have been accused or convicted of a sexual offense, it can have serious, negative consequences that can impact all aspects of your life. Speak to a skilled Nashville sex crimes lawyer who can discuss your best legal options. To schedule an appointment with the law offices of Horst Law at .