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 .

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.