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.

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.