Sunday, November 29, 2009

Tennessee Divorce Lawyers

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For dependable representation in any matter involving a Tennessee divorce or Tennessee family law, from prenuptial agreements to post-decree enforcement of child support or spousal support orders, contact the Tennessee Family Law Lawyers and Tennessee Divorce Lawyers at Barnette Law Offices, LLC.

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Our Tennessee Divorce Lawyers handle divorce cases of all kinds—uncontested divorce, stipulated divorce, and complex divorce involving difficult issues of asset valuation and division of pension or retirement benefits.

In contested cases involving child support or access to children under a parenting plan, mediation is generally required before a Family Court judge will hear and resolve the matter. Our Tennessee Child Custody Attorneys will work closely with you to make sure that you have a solid understanding of your rights and obligations, and that you're fully prepared to find a favorable resolution of the issue at the mediation session.  Contact us at Barnette Law Offices, LLC or 615-585-2245 for all your Tennessee Family Law needs.

Nashville DUI Defense Lawyers

header_duilawyer Whether you've been stopped for the first time on a charge of driving under the influence, or you're facing habitual motor vehicle offender felony charges based on prior convictions, you should have knowledgeable and resourceful representation to protect your record and your drivers license. Contact the Tennessee DUI Defense Lawyers at Barnette Law Offices, LLC in Nashville for a free initial consultation about your options.

In every drunk driving case, we make a careful examination of the circumstances of the arrest and your prior record to preserve as many options for you as we can. In situations involving a traffic checkpoint, we'll see whether we can challenge the stop on the basis of improper checkpoint procedures or profiling. In other cases, we'll determine whether the arresting officer had a reasonable suspicion to suspect you of drunk driving, or whether he had probable cause to arrest you for DUI. The Tennessee DUI Defense strategy of Barnette Law Offices, LLC will make the most of the facts in your favor and worktoward the suppression of the evidence against you.  field sob breath test

With the help of forensic experts, we can also attack the results of the blood alcohol test or evidence of drugs that are found in your system. We're always on the lookout to see whether prescription drug interactions produce false readings. We've also found that arresting officers or lab technicians sometimes lack the training or credentials to provide reliable blood alcohol readings.

While many of our clients prefer an early resolution of DUI charges as soon as possible, even if a guilty plea to careless or reckless driving is necessary, we'll take your case to trial whenever there's a reasonable chance of success on the basis of disputed facts. Additionally, we represent clients facing felony DUI charges, as in alcohol-related accidents involving personal injury or death.

In cases where a conviction of DUI is unavoidable, we can review the circumstances of any prior DUI convictions to see whether any can be eliminated as the basis of increased punishment. Whenever possible, we'll also work to preserve or restore your ability to drive under a restricted license and so that you can serve any incarceration period at the Swaim Center rather, than in jail.

For additional information about our ability to defend you on drunk driving charges, contact the Tennessee DUI Defense Lawyers at Barnette Law Offices, LLC or 615-585-2245 for a free initial consultation.

Tennessee Criminal Defense Lawyers

BLlogoFinal  If you've been charged with state or federal criminal charges involving DUI, drug crimes, violent crimes, sex offenses, or criminal fraud, for example, contact the Tennessee Criminal Defense Lawyers at Barnette Law Offices, LLC for knowledgeable and personalized criminal defense service.

Barnette Law Offices, LLC is a criminal defense firm located in Nashville with the practical experience necessary to find solutions to even the most difficult criminal defense problems.  We represent clients facing criminal charges in the United States District Court for the Middle District of Tennessee.  Contact us if you’ve been charged with any of the following or related federal crimes:

  • Drug distribution or conspiracy charges involving cocaine, methamphetamine, heroin, ecstasy, or unauthorized prescription drugs

  • Insurance fraud, bank fraud, mortgage fraud, securities fraud, or other serious financial crimes, including offenses involving Internet fraud

  • Felon with a firearm offenses and other weapons charges

  • Child pornography or online solicitation of a minor for sex

  • False statement, obstruction of justice, or perjury charges

The best time to contact us is as soon as you become aware that you're a person of interest in a federal investigation—preferably before you're indicted by a federal grand jury. Our aggressive approach to your defense can often mean that you'll never have to face the most serious potential charges against you.

We also represent clients in cases charged under Tennessee state criminal law. These can include the following:

  • Violent crimes, including capital murder charges, aggravated assault, weapons offenses, and accessory to homicide

  • Sex crimes ranging from forcible rape to rape by an authority figure and statutory rape, as well as lewd conduct and indecent exposure charges

  • Violation of the sex offender registration requirements

  • Drug crimes involving possession of marijuana and other controlled substances

  • Motor vehicle offenses ranging from DUI to vehicular homicide

  • Juvenile offenses of all kinds

Additionally, our criminal defense attorneys represent clients in bond hearings and matters involving probation violations. In situations where a criminal investigation or conviction could affect your professional license for teaching, nursing, medicine, law, or real estate, we'll do everything possible to protect your livelihood in the course of our representation.

For additional information and a free initial consultation about our ability to protect your rights and expand your options in a criminal defense situation, contact the Tennessee Criminal Defense Attorneys at Barnette Law Offices, LLC or 615-585-2245.

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Friday, November 27, 2009

Nashville Divorce Attorney’s

 header_family_lawyer  Div 2

Deciding to pursue a divorce is one of the most difficult and emotional decisions you will ever make, particularly if you have children. Divorce also involves business and legal questions that must be resolved. It can be an emotional and stressful process. It is something that is rare in any one person's life, but we have been here before. At Barnette Law Offices, LLC, we can help you understand the basic issues of family law, and give you straight answers to your questions.

Long ago, someone who wanted a divorce had to prove "grounds" for the divorce. This is still possible in Tennessee (for adultery, alcoholism, bigamy, desertion, drug addiction, felony conviction, fraud, impotence, physical cruelty, and so forth), but it is not required. We recognize that a marriage should not be a prison, and we can help you to leave it with dignity.

What about Child Support? We help both mothers and fathers. Can you get the support you need to keep living? Will you have to pay alimony?

We have helped people in Nashville, Rutherford County, Williamson County, Wilson County and all throughout Tennessee face these questions. You should know that alimony, or "support", can be awarded to either spouse. Employment possibilities of the spouses tend to cause the greatest influence on the decision. We will give you a straight answer, even if you may not like what we have to say. Divorce can be a complex process and accordingly, you need a skilled Nashville Divorce Lawyer from Barnette Law Offices, LLC on your side.

The experienced Tennessee Divorce Lawyers at Barnette Law Offices are here to help you through it. Contact us today at http://www.barnettelawoffices.com  or 615-585-2245 so that we can start helping.

Thursday, November 26, 2009

Nashville DUI Lawyers

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Any time your liberty is at stake, you need a lawyer. In the case of a Tennessee DUI charge, your personal liberty is even in more jeopardy because, unlike other offenses in Tennessee, even first offense DUI in Tennessee provides for mandatory jail sentences if convicted. That means in Tennessee, if you are convicted of DUI, you go to jail.

drug crime  In addition, penalties for DUI convictions in Tennessee include steep fines, suspension of driving privileges, court costs, community service work, probation and attendance at an alcohol safety school, in addition to other penalties that may apply to unique circumstances.

Also, currently a conviction for DUI in Tennessee cannot be expunged from your record. These penalties can affect your employment, financial well-being, relationships and virtually every aspect of your life well into the future. This makes it all the more imperative that you have the services of a respected Nashville, Tennessee DUI Defense Lawyer such as those at Barnette Law Offices, LLC to represent you when facing DUI charges in Nashville or anywhere in Tennessee.

If you are charged with DUI in Nashville or anywhere in Tennessee, you need a lawyer to protect your interests. Contact Jason Barnette of Barnette Law Offices, LLC, a skilled Tennessee DUI lawyer, to represent your interests.

Defending an individual charged with DUI in Nashville or anywhere in Tennessee is a highly technical area of criminal defense practice. While many people think of DUI as more of a traffic offense than a real crime, the mandatory minimum penalties that exist in Tennessee can affect a person’s life in a profound way. In fact, countless lives are affected every year as the crime of DUI is charged often and punished severely in Tennessee. At Barnette Law Offices, LLC, a large portion of our practice is focused on DUI and drunk driving defense. Our Tennessee DUI Defense lawyers provide aggressive legal representation in Nashville and in all other parts of Tennessee for those facing a charge of DUI.

Nashville Criminal Defense Lawyers

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A criminal conviction may have far-reaching consequences for life, affecting your future employment options, your ability to receive federal student loans and even your right to vote. Along with these collateral consequences, there are social stigmas that make it difficult to lead a normal life. Hiring a skilled Nashville Criminal Defense Lawyer from Barnette Law Offices, LLC, becomes of utmost importance when you realize that you are not only fighting to avoid the direct consequences of your actions, but the lasting consequences of a maligned name. Since Tennessee Criminal Law comes down hard on those convicted, it is imperative to seek sound legal advice from Jason Barnette, a Tennessee Criminal Defense Lawyer, and his team at Barnette Law Offices, LLC to understand the consequences of the charges you face and ensure that your rights are protected.

Tn Criminal

If you have been accused of a crime, it is important to always have a Nashville, Tennessee Criminal Defense Attorney such as Jason Barnette present when you are speaking with law enforcement. The Constitution guarantees you the right to not incriminate yourself and to have an attorney. This means that you do not have to answer any questions or provide any information to law enforcement agencies that will implicate you in the involvement of a crime. To ensure that you do not inadvertently incriminate yourself, it is important to have a Nashville Criminal Defense Attorney present at all interrogations or whenever you are speaking to a law enforcement agency.

Also, you should not agree to any search of your property by law enforcement. You have the right to decline any search by law enforcement if they do not have a warrant to search your property. While you may believe that complying with law enforcement officials will benefit your case, any evidence they find of your involvement with a crime may be used against you.

Finally, do not discuss your case with anyone—not even family or friends. While you have a legal right to not incriminate yourself, your loved ones must tell the truth if they are called to testify under oath about their knowledge of your involvement in a crime.

Being accused of a crime is a serious matter that demands serious legal representation. At Barnette Law Offices, LLC, we are experienced Tennessee Criminal Lawyers that are dedicated to you and seeing that you receive the best possible legal outcome for your situation. Contact us at http://www.barnettelawoffices.com or 615-585-2245 to start developing an aggressive plan of action for your legal defense under Tennessee criminal law.

Tuesday, November 24, 2009

Barnette Law Offices, LLC – Tennessee Drug Crime Attorney’s

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Drug charges cover a broad range of offenses, from the less severe, such as simple possession of a small amount of certain drugs, to the more serious, such as participation in an ongoing drug-related criminal enterprise or manufacturing and distributing drugs.

Even minor charges can be stressful, however, and carry the risk of serious penalties upon conviction; the more serious charges, of course, can give rise to even more severe consequences.

An experienced Tennessee criminal defense attorney such as Jason Barnette of Barnette Law Offices, LLC in Nashville can take some of the terror out of drug charges by answering questions and guiding an accused offender through the complex legal process that awaits.

Due to the fact that even smaller or more minor drug charges can result in a criminal record that can last for the rest of your life, it is important to contact a Tennessee Drug Crime Defense Lawyer at Barnette Law Offices, LLC as soon as possible in order to protect your legal and Constitutional rights against a federal drug charge or state drug charge.

Federal Drug Charges:

The United States judicial system is divided into state and federal courts. Whether a person accused of a drug-related crime is prosecuted in the federal or state criminal system depends on what laws were violated, the severity of the offense(s), and the policies and procedures of each court system.

Out of the millions of felony prosecutions filed each year, less than ten percent are filed in the federal system. Often a particular criminal behavior will violate both a state and a federal law, and drug charges are no exception. In theory, the offender could be prosecuted in both systems for the same criminal activity, but in practice this rarely happens.

Most federal and state prosecutors divide up criminal charges based on availability of resources, which statute most closely fits the criminal conduct, available punishment in each system, and each system's policy considerations. If accused of a drug charge, it is crucial to contact a skilled Nashville Drug Crime Defense attorney such as Jason Barnette as soon as possible who is licensed to practice in both the United States District Court for the Middle District of Tennessee and before all Tennessee state courts.

The main federal law at issue in drug cases is the Drug Abuse Prevention and Control Act, which codified federal drug law into a uniform system. The Act classifies drugs into five categories, listed in schedules, and establishes regulatory requirements and penalties for the misuse of the drugs on each schedule.

The Act also allows the United States Attorney General to add drugs to the schedules as necessary. Most states have drug laws that mirror the federal act, but the penalties may be less harsh and more flexible under state sentencing schemes than under the federal sentencing guidelines.

A conviction for simple possession, for example may receive a sentence under state law of drug treatment rather than jail time, and probation may be available to first-time offenders for even the more serious crimes.

We at Barnette Law Offices, LLC can explain the differences between the Tennessee state and federal court systems, both in general terms and with regard to drug charges in particular.

Drug Charges:

If you have been charged with drug possession or intent to sell, you need a Nashville Drug Crime Lawyer or Tennessee Drug Crime Attorney such as Jason Barnette to protect your rights.

A drug charge can significantly affect your life including your ability to work or drive a vehicle. You will often risk jail time. Do not let your rights go unprotected. Contact a Tennessee Drug Crime Defense Lawyer at Barnette Law Offices, LLC today.  We are dedicated to protecting your Constitutional rights.

 

Barnette Law Offices, LLC – Nashville DUI Lawyers

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Barnette Law Offices, LLC is a Nashville, Tennessee criminal defense law firm that focuses on defending Tennessee DUI and charges related to Driving Under the Influence in Tennessee.

Did you know that under current laws in the State of Tennessee, an individual with two glasses of wine or beer at a family dinner might be charged with Driving Under the Influence (DUI) without even making a single driving error!

If you are faced with a Driving Under the Influence or Driving While Intoxicated - DUI charge, immediately contact an attorney knowledgeable in this area of the law at Barnette Law Offices, LLC.

Tennessee DUI Lawyer Jason Barnette has devoted himself and his staff at Barnette Law Offices to the defense of clients charged with DUI and DWI cases. Located in Nashville, Tennessee attorney Jason Barnette is skilled in the errors of DUI testing procedures and knows how to present that information in the defense of your DUI charge.

In almost all cases, Jason Barnette or one of his staff members at Barnette Law Offices, LLC will contact you within twelve (12) hours in order to discuss your case and options with you free of charge. In most situations, a phone conversation about your Tennessee DUI or drinking while driving related charge will enable Jason Barnette to give you a thorough preliminary evaluation of your DUI case and related charges as well as the options available.

He has succesfully represented clients in Nashville, Williamson, Wilson, and Rutherford Counties as well as across Tennessee.

Barnette Law Offices, LLC DUI and DWI criminal defense practice takes pride in producing happy and satisfied clients – clients that will take pride in recommending his firm’s services to friends and family who may find themselves in trouble as well.

What is the first thing to do after being charged with DUI?

You need to contact a Tennessee DUI lawyer or Tennessee criminal defense attorney as soon as possible such as Jason Barnette at Barnette Law Offices, LLC. The laws surrounding DUI are very technical and complex and involve several different scenarios and possible penalties if certain information necessary to effective DUI defense is not collected or preserved.

The first important deadline is hiring a DUI lawyer or DUI attorney in advance of your arraignment in order to increase the chances of obtaining the best possible outcome in your DUI, Reckless Endangerment, Vehicular Assault, Vehicular Homocide, or other drinking while driving related charge.

Contact us at Barnette Law Offices, LLC or 615-585-2245 if you’ve been charged with any of the above.

 

Barnette Law Offices, LLC – Tennessee Auto Accident Lawyers

 header_barnettelaw CAR WRECK ATT

Car accidents are inevitable. Even the safest and most cautious driver can be involved in a car wreck. Often these wrecks result in significant injuries and can have a catastrophic effect on the lives of the drivers, passengers, and their families. Car accidents may be caused by a number of different factors. Some are simply the result of mistakes, while others are the result of careless and thoughtless actions. Sometimes drugs and/or alcohol is involved. On other occasions, cell phones, speeding, and reckless driving may be the cause of the car wreck. Regardless, the impact can be devastating. Victims may be injured, cars damaged beyond repair, and work time lost. Making matters worse, your insurance company, who you pay a premium in hope that they will be there for you, may refuse to pay your medical bills or the full value of your car. If you have been involved in an automobile or truck accident, contact one of our experienced Tennessee Auto Accident Lawyers at Barnette Law Offices, LLC.

What Should I Do If I Am Involved In A Car Wreck ?

CALL THE POLICE. Get the name, address, telephone number of: all drivers and passengers, witnesses, registered owners of the vehicle (if different from the driver). Also, obtain the other driver’s insurance company and insurance policy number. Make a note of the accident location, as well as, any injuries sustained by you or anyone else involved in the accident. Make sure you get the officer’s name and the accident report number. Note any statements made by the other driver or passengers. This is especially important if they admit if they were at fault or using drugs or alcohol. Report the accident to your insurance company as soon as possible. Finally seek medical attention for all of your injuries immediately. For more information, call one of our experienced Nashville, Tennessee Car Wreck Attorneys at Barnette Law Offices, LLC.

Where Are My Damages?

Tennessee allows victims to claim two types of damages, compensatory and punitive. Compensatory damages are calculated by adding together the victim’s medical expenses, pain and suffering, lost wages, and property damage. Punitive damages are awarded in circumstance where a defendant’s reckless driving merits “punishment” or when a defect caused the accident. Your recovery of damages may be limited by the other driver’s insurance policy. For more information, call one of our skilled Auto Accident Lawyers at 615-585-2245.

How Do I Recover For The Damages the Other Driver Caused?

In rare cases, a lawsuit will not be necessary. However, a lawsuit is usually necessary for you to receive the full value of your damages. The lawsuit is filed in the county where the accident occurred or where the defendant resides. Once filed, you become the plaintiff and the other driver is called the defendant. Unlike most T.V. shows, it may take several months or even years for your lawsuit to go to trial. Along the way evidence is collected, depositions are taken, and you may attend mediation. For more information, contact one of our experienced Tennessee Personal Injury Lawyers at Barnette Law Offices, LLC or 615-585-2245.

What Is A Deposition?

A deposition is a meeting of the parties where a lawyer for the plaintiff asks the defendant questions about how the accident occurred. The defendant’s lawyer also gets to ask the plaintiff questions about the accident and the damages claimed by the plaintiff. Additional depositions may be taken from the plaintiff’s treating physician or witnesses to the accident.

What Is Mediation?

Mediation is when the parties agree or the Judge orders the parties to meet with a neutral third party (usually a lawyer) who attempts to resolve the case. The mediator listens to both sides and then the parties negotiate with each other through the mediator. If the parties are unable to agree on damages, the case proceeds to trial. However, if the parties are able to agree, the case is settled. For more information, call one of our experienced Nashville car wreck lawyers at Barnette Law Offices.

What If The Defendant Does Not Have Insurance?

Your insurance coverage may include what is called “uninsured/underinsured coverage.” This type of insurance covers you in the event that the defendant does not have insurance or has less insurance than is necessary to cover your damages. When a lawsuit is filed, your insurance company will be notified. In the event the defendant does not have sufficient insurance, your insurance company will retain a third attorney who will defend their interest under the uninsured motorist policy. The insurance policy will only pay damages in an amount that does not exceed the limits of your policy.

What If My Car Is Totaled ?

Your insurance company will only pay what the car is worth. They will not pay what you owe. In many cases, you will be paid less than what you owe on the car. This is because the insurance company can deduct from the value of the car such things as previous accidents and normal wear and tear. For more information, call one of our professional Nashville, Tennessee car wreck lawyers at Barnette Law Offices, LLC at 615-585-2245.

Barnette Law Offices, LLC – Tennessee Personal Injury Lawyers

header_personalinjury Wrong Death

For most, nothing is more painful than the loss of a loved one. The loss of a loved one due to the negligence of another person, company, or entity can be that much more painful and traumatic. Wrongful death lawsuits are brought by the deceased’s surviving family members to recover the value of their loved one’s lost life.

Who Files the Lawsuit?

The lawsuit must be filed by the personal representative (executor/executrix) of the decedent’s estate. For more information, contact one of our experienced wrongful death attorneys at Barnette Law Offices, LLC.

What Am I Suing For?

The personal representative is suing the person, company, or entity for the value of the decedent’s life. The damages associated with such an action may include personal injury, pain and suffering, and expenses such as hospitalization and burial expenses. The damages that are recovered must be distributed according to the decedent’s will. For more information, contact one of our experienced personal injury lawyers at Barnette Law Offices, LLC.

How Do I Prove My Case?

You should consider hiring a skilled attorney to assist you in preparing your lawsuit. In addition to proving your loved one’s death, you must be able to prove that the death was caused by the negligence of another; and that person’s negligence caused the monetary injury to the plaintiff. In many cases, the value must be established by an expert. For more information, contact one of our skilled wrongful death lawyers at 615-585-2245.

Will Be Able To Recover Punitive Damages?

Punitive damages are awarded in circumstances where the defendant’s negligence merits “punishment” or if the death was caused by some type of defect. You should consult with an experienced wrongful death attorney to determine whether or not you are entitled to punitive damages.

How Long Do I have to File By Lawsuit After My Loved One’s Death?

In general you have one year to the day in which your loved one dies in order to file a lawsuit. For more information, contact one of our experienced Tennessee personal injury lawyers at Barnette Law Offices, LLC.

What Can I Expect?

A medical malpractice case requires a substantial investment of time and money by you and your medical malpractice attorneys. These cases can be time consuming and may take months or even years in which to proceed. For more information, contact one of our professional personal injury lawyers at 615-585-2245.

What Damages Will I Be Able to Recover?

In a wrongful death action you will be able to recover medical expenses, lost wages, loss of companionship and services (consortium) for your family member, funeral expenses, and loss of earning capacity. For more information, contact one of our Tennessee wrongful death attorneys at Barnette Law Offices, LLC.

Sunday, November 22, 2009

Barnette Law Offices – Tennessee DUI Defense

DUI penalties will differ in each case, depending on the particular facts and circumstances. This summary is intended to be general in nature; therefore, this information should not be relied upon without individual consultation with a well qualified DUI lawyer in Tennessee at Barnette Law Offices, LLC or 615-585-2245.

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DUI First Offense - Sentence is 11 months, 29 days

Details

  • Jail Time
  • Probationary Period
  • Fine
  • Highway Litter Removal
  • DUI Assessment
  • DUI School/Alcohol Rehabilitation
  • Volunteer Community Work
  • License Revocation
  • Ignition Interlock Device
  • Vehicle Forfeiture
  • 48 hours to 11 months, 29 days, or 7 days if blood alcohol concentration is .20% or higher
  • 11 months, 29 days less the time spent in jail
  • $350 - $1,500
  • Mandatory 24 hours
  • Mandatory alcohol and drug addiction assessment and fee of $100.00 for each conviction
  • Mandatory DUI School or Victim Impact Panel (often sponsored by Mother’s Against Drunk Driving); DUI School required for license reinstatement
  • May be ordered by the court
  • 1 year; eligible for restricted license if meet all other qualifications

DUI Second Offense - Sentence is 11 months, 29 days

Details

  • Jail Time
  • Probationary Period
  • Fine
  • DUI Assessment
  • DUI School/Alcohol Rehabilitation
  • Volunteer Community Work
  • License Revocation
  • Ignition Interlock Device
  • Vehicle Forfeiture
  • 45 days to 11 months, 29 days
  • 11 months, 29 days less the time spent in jail
  • $600 - $3,500
  • Mandatory alcohol and drug addiction fee of $100.00 for each conviction
  • DUI School required to regain driver's license; may be ordered by the court
  • May be ordered by the court
  • 2 years; not eligible for restricted license for at least one (1) year
  • Presumed to be ordered by the court unless a contrary ruling is made by the judge. Mandatory if a prior DUI conviction in the last 5 years.
  • Authorized

Contact us at Barnette Law Offices to obtain a skilled Tennessee DUI attorney at 615-585-2245.

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Sunday, November 15, 2009

Tennessee Divorce Attorney’s

Jason Barnette and Barnette Law Offices, LLC – Tennessee Family Law Attorneys

In many cases, divorce signifies more than just the end of a relationship.  When a couple decides to end their marriage, concerns about child custody, property division, and child and spousal support can create hostility between spouses.  Parties to a divorce can often benefit from the guidance and assistance of experienced lawyers who can help them navigate these and the many additional complex issues that become points of contention during a divorce.  At Barnette Law Offices, LLC our experienced divorce attorneys, serving all of Tennessee, provide the exceptional representation individuals need to protect their legal rights and financial interests.

Grounds for Divorce

The law in Tennessee permits couples to seek a divorce on several possible grounds.  In a no-fault divorce, spouses agree that there are irreconcilable differences that exist that prevent the marriage from continuing.  Alternately, a fault divorce involves claims made by one spouse against the other to justify the dissolution.  The fault-based grounds for divorce include:

  • Adultery
  • Bigamy
  • Habitual use of drugs or alcohol
  • Impotency and sterility
  • Cruel and inhuman treatment
  • Abandonment
  • Separation for more then two years
  • Felony conviction and sentencing

Contested and Uncontested Divorce

In both a fault and no-fault divorce, the terms and conditions of the dissolution can be unanimously agreed upon by both parties.  Or those same terms – and even the divorce, itself – may be challenged.

In a Tennessee uncontested divorce, couples must prepare a written marital dissolution agreement that sets forth adequate provisions for the custody and support of minor children, when applicable, and establishes a fair and equitable division of marital property and assets.

In a contested divorce, where couples are unable to agree on a particular issue such as property division or custody and support arrangements, the court must intervene to settle the disagreement.

Jason Wade Barnette, Esq.and his firm at Barnette Law Offices in Nashville, Tennessee can advise you as to whether you have legitimate grounds for divorce and help you prove your case to the court.

Property Division

Except for that property belonging to a spouse prior to the marriage, or received as a gift or as part of an inheritance during the marriage, couples will need to divide marital property at the time of divorce.  If spouses can agree on an equitable division of property and assets, the court will most likely approve the division.  However, if an agreement cannot be reached, the court will intervene and divide the property according to Tennessee statutes governing property division, taking a number of factors into consideration to ensure the most equitable division of marital property.  These factors include:

  • Length of marriage
  • Financial status of each spouse
  • Each spouse's relative ability to acquire property in the future
  • Contributions to marital property
  • Amount of separate property belonging to each spouse
  • Tax consequences
  • Age, health, skills of each spouse
  • Contributions made by one spouse to the education or earning potential of the other

Debts

A couple's accumulated debts will also have to be divided as part of the divorce settlement.  Again, if spouses cannot agree on an equitable division of the collective debt, the court will step in and assign debt obligations to each spouse according to such factors as:

  • Who was responsible for the original debt
  • What was the purpose of incurring the debt
  • Who benefited from the debt proceeds
  • Who will receive the asset connected with the debt upon the division of marital property
  • Who can better afford to pay the debt

Keep in mind, though one spouse may be responsible for a debt that is in both parties' names, in the event of non-payment, the other spouse can be held liable for the unpaid debt.

Child Custody and Support

For couples with dependent children, determining custody and support arrangements can be the most contentious aspect of a divorce.  It is important to have an experienced attorney who can help you reach the most favorable arrangement.  In Tennessee, the primary factor the court takes into consideration when awarding child custody and support is the best interests of the child.  The courts favor joint custody, but when such an arrangement does not serve the best interest of the child, judges are prepared to award custody to the parent that demonstrates his or her commitment to their children.  We at Barnette Law Offices have experience handling child custody and support disputes.  If you are involved in a custody battle or support dispute, we can ensure that your rights are protected, and we will fight to see that you receive a fair and favorable arrangement.   

Spousal Support

Spousal support, or alimony, is intended to be temporary and rehabilitative, providing an economically disadvantaged spouse with the means to improve his or her situation relative to the other spouse.  When determining the amount of support to be awarded, the court will consider:

  • The length of the marriage
  • The earning capacity, needs and obligations, and education and training of each spouse
  • The division of marital property
  • Each spouse's separate property
  • Contributions of each spouse to the other's education, training, or earning power
  • Whether one parent needs to stay at home with the dependent children rather than working

The staff and Jason Wade Barnette can help you arrive at the support arrangement that best serves your needs. 

Legal Separation

Though a legal separation establishes an end to the relationship, it does not sever the legal marriage bonds; couples are still married but live separately.  As in a divorce, couples must divide their property and settle on arrangements for custody of dependent children.  In many cases, couples that choose legal separation end up divorcing and paying for two lawsuits instead of one.  Consult Barnette Law Offices, LLC to find out whether a legal separation is right for you.  

Annulment

When the court grants an annulment, it is as if the marriage never took place.  Annulments are rare and may be obtained only in limited circumstances, such as when a marriage is illegal or has occurred through fraud or force.  With an annulment, spousal support is not available, and all rights to property are returned to the spouse who owned them originally.  Because the laws governing annulments can be complex, you need an experienced attorney who will help guide you through the process and ensure that your rights are protected.

Divorce

Nashville Domestic Violence Lawyer’s

Most people believe that domestic violence involves an altercation between husbands and wives. However, under Tennessee law, Tenn. Code Ann. § 39-13-111, domestic assault is much more than that.

Domestic assault in Nashville follows most of the same guidelines as general assault, found in Tenn. Code Ann. § 39-13-101. General assault can be broken down into three separate actions: (1) intentionally, knowingly, or recklessly causing physical injury to another; (2) intentionally or knowingly causing another to be fearful of physical injury; and (3) intentionally or knowingly causing contact with another that would be considered extremely offensive or provocative.

Domestic assault involves all of these same criteria. The difference between general assault and domestic assault is that under domestic assault the individuals involved have specific relationships to one another. Domestic assault can be between a number of different groups, including: husbands and wives, former spouses, persons who live together, persons who are dating, sexual partners, and blood relatives. If an act that would be classified as assault occurs between individuals with one of these relationships, that offense can then be classified as domestic assault.

If you’ve been charged with Domestic Assault or Aggravated Domestic Assault, contact us at Barnette Law Offices, LLC or at 615-585-2245.

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Barnette Law Offices – Nashville DUI Lawyers

Tennessee DUI law now allows BAC obtained through blood tests even without Defendant’s consent

Under current DUI law, the introduction of the results of a blood alcohol test cannot be admitted into evidence without the defendant’s consent if blood was taken from the defendant while he or she was incapable of refusing the test (e.g., the defendant was unconscious).

The new law adds an exception to the blood alcohol test consent requirement. Enacted into law in May of 2009, the new law requires a law enforcement officer to cause the driver of a vehicle involved in an accident resulting in injury or death to another to be tested to determine the alcohol or drug content of the driver's blood, but only if the officer had probable cause to believe that the defendant driver had committed one of the following offenses:

  • Driving under the influence of drugs or alcohol;
  • Vehicular assault and aggravated vehicular assault; or
  • Vehicular homicide.

Contact us at Barnette Law Offices, LLC if you’ve been charged with a DUI or related offense in Davidson County, Tennessee, Wilson, County Tennessee, Williamson, County Tennessee or throughout the state of Tennessee.  Jason Barnette and his staff at Barnette Law Offices, LLC can aggressively defend you.

615-585-2245 or www.barnettelawoffices.com

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Barnette Law Offices – Nashville DUI Lawyers

Tennessee DUI law now allows BAC obtained through blood tests even without Defendant’s consent

Under current DUI law, the introduction of the results of a blood alcohol test cannot be admitted into evidence without the defendant’s consent if blood was taken from the defendant while he or she was incapable of refusing the test (e.g., the defendant was unconscious).

The new law adds an exception to the blood alcohol test consent requirement. Enacted into law in May of 2009, the new law requires a law enforcement officer to cause the driver of a vehicle involved in an accident resulting in injury or death to another to be tested to determine the alcohol or drug content of the driver's blood, but only if the officer had probable cause to believe that the defendant driver had committed one of the following offenses:

  • Driving under the influence of drugs or alcohol;
  • Vehicular assault and aggravated vehicular assault; or
  • Vehicular homicide.

Contact us at Barnette Law Offices, LLC if you’ve been charged with a DUI or related offense in Davidson County, Tennessee, Wilson, County Tennessee, Williamson, County Tennessee or throughout the state of Tennessee.  Jason Barnette and his staff at Barnette Law Offices, LLC can aggressively defend you.

615-585-2245 or www.barnettelawoffices.com

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Tennessee DUI Attorney’s

Barnette Law Offices, LLC – Tennessee DUI Attorney’s

We at Barnette Law Offices, LLC realize that a DUI charge can be intimidating, especially if you don't know a lot about Tennessee DUI law. Barnette Law Offices, LLC can help you understand Tennessee law, and explain your rights and options. If you have questions about the automatic license suspension or the impact a DUI conviction might have on your insurance costs, contact Nashville DUI lawyer Jason Barnette.
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You should not wait until your initial court appearance to start asking questions about your particular case. Contact Barnette Law Offices, LLC
before you appear in court so that Tennessee DUI lawyer Jason Barnette can gather important information he needs to make informed decisions about your case. Barnette Law Offices, LLC can assess your case from your point of view, and advise you on Tennessee DUI law as it applies to your situation.

If you have questions about the sentence you face including whether the mandatory jail time provisions apply to you, contact us at Barnette Law Offices. You may think that there's no way to successfully challenge a DUI charge, but Jason Barnette knows that many cases have weaknesses. These weaknesses often open doors to dismissals or acquittals. Any crack in the state’s case could create an opportunity for a Jason Barnette and his team at Barnette Law Offices, LLC, to negotiate for reduced charges or a favorable plea bargain.

Take advantage of the opportunity to learn about your rights under Tennessee law before you take a step in any direction. Contact us at Barnette Law Offices, LLC if you have been charged with DUI in Tennessee.

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Barnette Law Offices, LLC – Tennessee Drug Offense Lawyers

Below are a some of the offenses Barnette Law Offices, LLC represents clients against:

Simple Possession. A first time offense of simple possession of a controlled substance carries a sentence of no more than a year and a $2,500 fine. Simple possession in Tennessee typically applies when you have been busted with only a small amount of a controlled substance, such as marijuana or LSD.

Felony Drug Possession. Felony drug possession is a more serious crime and penalties vary depending on the type and amount of the controlled substance in your possession. For example, if you were found to possess between one-half ounce and ten pounds of marijuana, you could be charged with a Class E felony, which carries between a 1 and 6 year prison sentence and/or a $3,000 fine.

Drug Paraphernalia. Possession of drug paraphernalia is a Class A misdemeanor if the state can prove that you intended you use it to pack, store, contain or conceal a controlled substance. Under Tennessee law, "drug paraphernalia" means all equipment, products and materials of any kind that are used, or intended for use in storing, concealing, injecting, inhaling or otherwise introducing into the human body, a controlled substance.

If you’ve been charged with any of the above charges in Tennessee, contact us at 615-585-2245 or Barnette Law Offices, LLC.

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Friday, November 13, 2009

Jason Barnette - Nashville DUI Lawyer

Being arrested for DUI does not necessarily mean that you will automatically found guily.  We at Barnette Law Offices, LLC are often able to successfully defend our clients using the following DUI Defenses:

  • The police did not have probable cause (or legal cause) to stop your vehicle.
  • The field sobriety tests were not given properly.
  • You were not the actual driver of the vehicle.
  • The breath test was inaccurate because:
    • The test was improperly administered
    • The machine was not properly maintained.
    • The police did not observe you “eye ball to eye ball” for 20 minutes prior to administering the test.
    • Radio Frequency Interference invalidated the test.
  • The police broke the chain of custody in a blood test case.
  • The police officer incorrectly concluded that you were too intoxicated to drive. The police officer’s opinion can be wrong.

If you’ve been arrested for DUI in Nashville or throughout Tennessee, please contact us at Barnette Law Offices, LLC or 615-585-2245.

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Barnette Law Offices – Tennessee Divorce Attorney’s

Tennessee has two types of divorces: uncontested, (which are usually based on irreconcilable differences), and contested, (which require proof of grounds for divorce).

An irreconcilable differences divorce requires that the parties agree to be divorced. You must have a written Marital Dissolution Agreement that makes adequate and sufficient provisions in writing for the custody and support of the minor children of the marriage and makes a fair and equitable division of your property. There are also additional technical requirements, but the Marital Dissolution Agreement is the essence of an irreconcilable differences divorce.

As for assessing fault for the marriage breakdown, you only need to say that differences have arisen that will prevent you from living together as husband and wife.

A traditional contested divorce is a case in which the parties cannot agree on some point such as property division, alimony, custody, child support, or attorney's fees and must go to trial or mediation (see Barnette Law Offices, LLC for both). The fault grounds for a contested divorce are:

  • Adultery
  • Habitual drunkenness or abuse of narcotic drugs
  • Living separately and apart for two (2) years with no minor children
  • Willful or malicious desertion for one (1) full year without a reasonable cause
  • Conviction of a felony and sentencing to the penitentiary or conviction of an infamous crime
  • Pregnancy of the wife by another before the marriage without the husband's knowledge
  • Willful refusal to move to Tennessee with your spouse and living apart for two (2) years
  • Malicious attempt upon the life of the other
  • Lack of reconciliation for two (2) years after the entry of a decree of separate maintenance
  • Impotency and sterility
  • Bigamy
  • Cruel and inhuman treatment; e.g., "inappropriate marital conduct"
  • Indignities offered by one spouse to the other
  • Abandonment of the wife in which the husband refuses or neglects to provide for her

If you are filing for divorce, you need to have your grounds before you file. If you cannot prove your grounds for divorce, accusing your spouse of these grounds may be grounds for divorce for your spouse. Pending the final divorce, you should not do anything to give your spouse any grounds for divorce because these actions can probably be used against you.

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Defenses to the grounds for divorce include:

Condonation—knowing what your spouse did wrong but forgiving him or her anyway; this is usually proven by showing that you and your spouse had sexual relations after you found out what your spouse did. This currently only applies to adultery.

Insanity—a defense to divorce if the person who is guilty of the grounds for divorce was insane when he or she committed the act. The insanity must be to the same degree as in a criminal case. If the person is insane at the time of trial, the case can still proceed against him or her but the court will appoint a lawyer to look after his or her interest.

The law of defenses is changing rapidly, and for technical reasons the defense that sounds as though it applies in your case might not apply. Contact Jason Barnette, Esq. if you are seeking either a contested or non-contested divorce.

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Thursday, November 12, 2009

Jason Barnette – Nashville DUI Attorney

What is DUI?
The definition of DUI is operating or being in control of a vehicle while being under the influence of narcotics, marijuana, intoxicants or a drug that produces stimulating affects with a blood or breath alcohol concentration of over .08%.

What do officers look for as cues for someone driving under the influence in Nashville, Tennessee?

  • Weaving
  • Drifting
  • Turning with wide radius
  • Difficulties in stopping
  • Accelerate rapidly
  • Slow response to signals
  • No headlights
  • Illegal turn
  • Follow too closely
  • Stopping for no apparent reason
  • Improper lane change

What is supposed to happen when I am arrested for a DUI in Tennessee?

  1. The officer is required to observe you for twenty minutes to ensure that you did not have any foreign substance in your mouth, consume other alcoholic beverages, smoke or burp which can alter the results of the blood alcohol test.
  2. If you consent to give take a breathalyzer test, then the machine which the officer uses to take your blood-alcohol level has at least eight requirements to be valid.
  3. The officer should be courteous to you, handle the arrest in a professional manner and transport you to a Tennessee jail for booking.
  4. If you have no prior criminal history there is a chance that the night court commissioner who reviews your case will allow you to be released through pre-trial diversion. If you are released on pre-trial diversion you do not have to post a bond. If you are a non-resident of the county in which you are arrested you will have to post a bond.
  5. You will need to locate a bondsman in Tennessee and pay approximately 10% of the bond that is set to him. He then guarantees the court that you will show up for your court date. If you fail to show up you will be liable for the entire amount of the bond.
  6. After your arrest, booking and release you will receive a court date. You should immediately contact an experienced DUI criminal defense lawyer at Barnette Law Offices, LLC, and set up an appointment so that the attorney may interview you about your case.

How many times will I have to appear in court?
It depends. If you give the attorney enough information in your initial interview and he or she finds weaknesses in the State of Tennessee's case you case may be resolved with only one court appearance. However, less than 5% of cases are resolved this way and many continue to a second court appearance. Although you may be anxious to tell your side of the story at the court appearance, the second hearing in Tennessee is actually a probable cause hearing to determine whether or not there was probable cause for the arrest and your case is bound over to criminal court.

How much will my DUI cost?
You will find attorneys who quote an extreme range in prices from as much as $15,000.00 depending on the details in your case.

The average DUI case at the General Sessions level requires only about five hours worth of work or $1,500.00.  No DUI charge alone should cost more than this.

You will probably receive numerous solicitations in the mail from attorneys who wish to represent you in court on your DUI in Tennessee.  Avoid them.

What are the penalties for a DUI in Nashville, Tennessee?

1st DUI Offense:
Up to 11 months and 29 days in jail and with a mandatory minimum of 48 hours of jail time and one (1) year of probation. You may be required to pick up litter for 24 hours and attend a Tennessee DUI school. The minimum fine for a DUI in Nashville, Tennessee is $350.00 and can be as high as $1,500.00.

Barnette Law Offices, LLC, can often times have the mandatory sentence suspended if you go to the Swaim Center in Symrna.

2nd DUI Offense OR DUI after a Reckless Driving Conviction:
You must serve a minimum of 45 days in jail and probation. If you have a substance abuse problem then sometimes up to 30 days of inpatient treatment can be substituted for the jail time; however, you will still need to finish the remaining 15 days of your sentence in jail. The fines are a minimum of $600.00, you may lose your driving privileges for 2 years, and you may receive alcohol treatment as well as an interlock ignition device being placed onto your vehicle.

3rd DUI Offense:
You must serve a minimum of 120 days in jail. The fines are a minimum of $1,000.00 and can be as high as $10,000.00. You may be ordered to drug and alcohol treatment, forfeiture of your vehicle as well as placement of an interlock ignition device on any future vehicles.

4th DUI Offense:
You are facing a felony that allows for jail time of one (1) year but not more than six (6) years. If you are convicted of a felony you lose the right to own a gun, you lose your right to vote and you lose your right to travel to some countries. Fines are a minimum of $3,000.00 and can be as high as $15,000.00.

Why am I being charged with a DUI if someone else was driving my car?
You are responsible for your vehicle and if the driver of your car is presumed to be driving under the influence then you will be as well.

Will I go directly to jail if I get stopped for a DUI in Tennessee?
Yes.

Are the stops videotaped?
Some officers use a video device on their dash to record their stop of the vehicle. Some do not. An experienced DUI attorney in Nashville such as Jason Barnette will make a legal argument requesting a copy of the video to see whether or not there was probable cause for the stop.
 

Can they take away my driver's license if I refuse the breathalyzer?
Yes. There is presumption that if you drive a vehicle in the State of Tennessee that you are giving consent to have your blood test and that you are not impaired. You will lose your license for a year but should not be convicted of a DUI unless there is enough evidence gathered during the field sobriety test.

Can my DUI case in Tennessee be dismissed if the police officer did not give me my Miranda warning?
No. Miranda warnings are not required for a Nashville, Tennessee DUI.

DUI is a serious offense. You need a proven lawyer such as Jason Barnette who will fight to retain your driver's license, your car, and to keep you out of jail. Contact Barnette Law Offices, LLC at (615) 585-2245 for a free consultation or email info@barnettelawoffices.com.

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Jason Barnette – Tennessee Family Lawyer

Divorce is a difficult process that presents many challenges, including the financial challenge of dividing one household into two separately sustainable households and the challenge of looking out for the best interests of the children even as you are changing your children's lives in a profound and fundamental way.

At Barnette Law Offices, LLC, we offer knowledgeable advice and effective legal representation to clients considering divorce in Nashville in addition to all of Davidson, Rutherford, Wilson, and Williamson Counties as well throughout Tennessee. We know how overwhelming the divorce process can be for everyone involved, and as a family-owned and family-oriented firm, we understand the importance of taking all steps necessary to ease the process and achieve favorable results for our clients.

Divorce-related legal needs our firm provides services for, include:

  • Child custody
  • Child support
  • Visitation
  • Property division
  • Alimony (spousal support)
  • Post-divorce modifications
  • Divorce appeals
  • Juvenile Court
General Family Law Services

Although most of our family law practice is divorce-related, our lawyers handle a number of other family-related legal matters, including juvenile court matters and family law mediation.  Jason Barnette, Esq. manages the firm's family law mediation services including divorce, child custody, child support, property division, alimony, domestic violence, restraining orders, and juvenile court cases involving dependant and neglected children, change of custody, adoptions, truancy, delinquency and unruly behavior.

A Trusted Legal Resource for Family Law

To learn more about our family law practice, Tennessee divorce laws or how our lawyers can help you — call us in Nashville, Tennessee, at 615-585-2245header_family_lawyer or contact us online. We accept major credit cards and are available for evening, weekend and out-of-the-office consultations by appointment.