Prescription Drug Fraud

Nashville criminal defense attorneyPrescription drug fraud is a serious charge with serious consequences. If you or a loved one face charges, contact a Nashville criminal defense attorney as soon as possible to explore your options.

Conduct that Can Lead to a Prescription Drug Fraud Charge

Prescription drug fraud charges can result if a person obtains a controlled substance or medication from a pharmacy through theft or fraud. In some cases, a suspect may try to alter the quantity or strength of a written prescription, pose as someone else or engage in theft of a medication or controlled substance. As a Nashville criminal defense law firm can explain, even the attempt to commit prescription drug fraud is a crime. Therefore, it’s not necessary for a suspect to successfully steal the medication, as long as the intent to commit fraud can be proven.Prescription drug fraud can lead to felony charges with serious potential consequences if convicted including jail time and significant fines.

The Importance of Seeking Legal Help Early

If you or a loved one has reason to believe a prescription drug charge is imminent, or if you’ve already been charged, contact a Nashville criminal defense attorney right away. The sooner you seek qualified legal counsel, the more options you may have for dealing with the charges against you. Your attorney can review how the evidence was collected. If law enforcement violated any of your Constitutional rights during the evidence-gathering phase, then some important defense strategies could become available. Your attorney can discuss what’s required for search and arrest warrants and review whether the police followed the appropriate procedures.

With regard to the charges themselves, the prosecution must prove every element of the crime beyond a reasonable doubt. Your attorney can probe for strengths and weaknesses with the prosecution’s case and help you decide how best to proceed.For more information about drug laws in Tennessee and for experienced help if you face charges, contact the Nashville criminal defense law firm of Brent Horst Attorney At Law. To make an appointment for a consultation call (615) 403-2971 cell / (615) 259-9867 office.


Brent Horst is Re-certified as a Criminal Trial Specialist

Criminal Law Trial Specialist

Today I received my re-certification as a Criminal Law Trial Specialist by the National Board of Trial Advocacy.

I was first Board Certified in 1999. To become Board Certified in Criminal Law an Attorney must submit proof of participation in a required number of trials or contested hearings, pass a written test, and submit Judges and other Attorneys who have worked with the Attorney as a reference.

To remain Board Certified the Attorney must re-apply every five years. Making sure the attorney you hire is Board Certified is one of the best ways to make sure that your lawyer is well qualified.  Whether you need a criminal lawyer, divorce lawyer, or other type of lawyer make sure they are Board Certified.

~Brent Horst


Forced Confessions in Tennessee for Sex Offenses.

Tennessee Appellate Lawyer

Ask most people and they would tell you that a person cannot be forced to confess to a crime because our constitutional rights prohibit the police from forcing criminal defendants to confess.  It seems like a no-brainer.  Unbelievably in Tennessee current law allows the State to force some individuals accused of sex crimes such as aggravated sexual battery, or rape, or sexual battery, or statutory rape to confess to that crime and if they do not confess they can be prosecuted for refusing to confess and sent to jail simply because they did not confess.  I know, it sounds like something out of the Salem witch trials but it is happening now in 2014 in the state of Tennessee.

Tennessee’s Department of Correction forces individuals convicted of a sex crime such as sexual battery or rape as part of their probation or parole or life time supervision to “admit” that they committed the crime even if the accused took their case to trial and denied the crime but were convicted anyway.  If the person does not “confess” they are then charged with a second crime of failing to follow sex offender treatment requirements which is a separate and new crime.

I recently represented such an individual.  Many years ago before I represented him he was charged with aggravated sexual battery.  He maintained his innocence thru trial but the jury convict him anyway.  When he got out of prison he was ordered by the judge as part of Tennessee’s mandatory sex offender treatment law into counseling.  When he refused to confess to the crime he was charged with violating his treatment program, prosecuted, and put back in jail – simply because he refused to confess.

I represented this man at his trial for violating sex offender treatment and I challenged this law as unconstitutional.  I was shocked when the trial court and the Tennessee Court of Criminal Appeals allowed this law to stand.  I did not think it was possible that any Court in the United States of America, or in the State of Tennessee would actually rule that it was ok to coerce confessions and if the person refused to confess to throw that person in jail.  What ever happened to due process?

At the law office of Brent Horst we have teamed up with renowned Constitutional and Tennessee Appellate Lawyer David Raybin to appeal this case to the Tennessee Supreme Court.  The brief will be filed with the Tennessee Supreme Court today. It is an Honor for Brent Horst to work with Mr. Raybin.


Drug Trafficking Charges Under Tennessee Law

nashville drug possession defense lawyerDrug charges can lead to life-altering consequences if convicted. If you face charges for trafficking, this can be even more serious due to the stiffer penalties that can be imposed for a conviction. It’s important to contact a Nashville criminal lawyer as early in the process as possible to maximize your defense options.

How Drug Charges are Classified

In Tennessee, drug charges follow a scale of severity based on the type of drug involved and the quantity the accused had in his or her possession. Schedule I drugs are the most severe. These are drugs that are highly addictive and generally have no medicinal value such as heroine. Even simple possession of a Schedule I substance can support a felony charge. As a Nashville criminal lawyer can explain, evidence that can be used to support a trafficking or intent to sell charge can include larger quantities of a given substance, other paraphernalia or the presence of large amounts of cash, for example.

Trafficking Charges Can Lead to More Serious Consequences

The more potent the drug and the higher quantity found in the suspect’s possession, the more likely the state will seek a trafficking charge over simple possession. Trafficking charges involving a Schedule I substance can lead to conviction of a Class B felony. As an attorney from a Nashville criminal law firm can explain, a conviction can lead to a sentence of 8 to 30 years behind bars plus significant monetary fines. Your attorney can discuss the specific amounts and types of drugs for each type of felony. It’s critical that you speak to an attorney as soon as you can in the criminal process. Your attorney can review how evidence was collected against you, probe for weaknesses in the prosecution’s case and advise you of any options you may have for a plea bargain or other defense strategies.

You don’t have to face criminal charges alone. Put an experienced attorney with a proven track record of getting results for criminal defendants. To schedule an appointment with a Nashville criminal law firm who can help you prepare an aggressive defense strategy, call the offices of Horst Law at (615) 403-2971


Tennessee Domestic Violence Law

Facing domestic violence charges is serious business. If convicted, it can impact all aspects of a defendant’s life. If you or someone you know is facing domestic violence charges, contact a skilled Nashville criminal attorney as soon as possible to maximize your options for dealing with

Events That Can Lead to a Domestic Violence Charge

Assault charges can result from putting another person in fear of imminent bodily harm. The aggressor does not even need to physically touch the victim; words or threats alone can suffice. As a Nashville criminal lawyer can explain, a charge of domestic violence arises from the relationship between the victim and the aggressor. If they are married, dating, live together or share a child in common, it can become domestic violence if aggressive behavior is involved. Tennessee law treats charges of domestic violence very seriously. The penalties for this crime are listed in the next section. Domestic violence charges or a later conviction can also have devastating consequences for the accused in other family law matters that may be in front of the Court. For example, if there is a pending divorce or custody dispute, the Court will likely take the events leading to the charge into consideration when ruling on issues such as child custody, property division and even spousal support.

Criminal Penalties for Domestic Violence

As your Nashville criminal lawyer can explain, domestic violence is a Class A Misdemeanor in Tennessee. If you or a loved one are convicted, sentencing can range to close to a year in jail time and significant fines. In the event a weapon is used during the assault, this can enhance the charge to aggravated assault and result in a felony conviction. A felony conviction carries with it lifelong consequences that can impact your ability to get a job, vote or ever carry a firearm.

Talk to an experienced Nashville criminal attorney who can zealously advocate for you. To schedule an appointment with the offices of Horst Law, call (615) 403-2971.


Special Issues in Child Custody Cases Where Abuse is Alleged

Nashville defense attorney

If you are dealing with a custody matter where abuse is alleged, a skilled Nashville defense attorney can provide compassionate counsel to help you decide how best to proceed.

How Child Custody Cases are Decided

In family law matters where child custody is disputed, the judge must make a factual determination about what is in the child’s best interests. As a Nashville defense attorney can explain, this “best interest” analysis takes into account a variety of things. The court must attempt to make an objective determination about very subjective things. For example, the court looks at the love and affection each parent has with the child. Consideration is given to which parent can provide the most stable home life, how the child performs in school depending on which parent he or she is with etc. No one consideration is dispositive, the court may try to view the child’s life as a whole. However, when abuse is alleged by one or both parents, the issue may become, understandably, more urgent.

Dealing with Suspected Abuse

As your Nashville defense lawyer can explain, if you suspect your child has been subjected to abuse either by the other parent or while the child is in their custody, it’s important to act quickly. If you suspect your child is in imminent danger, talk to your attorney about seeking an emergency protection order. In extreme circumstances, the court may be willing to grant a temporary order without having a hearing if it deems irreparable harm or injury will result from a delay. If the abuse you allege is past abuse, this can raise different issues for the court. If past abuse is alleged and the accused parent has sought counseling and rehabilitation, the court will take these facts into consideration when determining what is in the child’s best interests.

Child custody matters are likely the most important issues you’ll face. It’s important to seek counsel from an experienced Nashville defense lawyer. To make an appointment for an initial consultation with the offices of Brent Horst Attorney At Law, call (615) 403-2971 cell / (615) 259-9867 office.


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