Barnette Law Offices

Nashville DUI Defense Lawyers

2011-06-26T16:01:00.001-07:00

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.

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.

Technorati Tags: Tennessee DUI Lawyers,Nashville DUI Lawyers,Barnette Law Offices LLC

Nashville Criminal Defense Lawyers

2010-03-28T18:54:00.001-07:00

Tennessee DUI laws are similar to the DUI laws of most jurisdictions. However, a Tennessee DUI charge is one of the few crimes for which an individual can be convicted solely on the testimony of an arresting officer. While most Tennessee DUI offenses are classified as misdemeanors, a conviction for a fourth offense is a felony. Moreover, the penalties for Tennessee DUI convictions are much more severe than in most jurisdictions. This is why it is imperative that if you are charged and arrested for a DUI in the Nashville metro area or anywhere throughout Tennessee that you retain a skilled Tennessee criminal defense lawyer well versed in DUI defense.

Tennessee DUI law essentially requires the District Attorney General’s Office to prove beyond a reasonable doubt that the person was (1) operating or in physical control of (2) a motor vehicle on (3) any public road, highway, alley, parking lot, or any other premises generally frequented by the public while (4) under the influence of alcohol or drugs, or with a blood alcohol content, or BAC, of .08% or higher.

A professional Nashville criminal defense lawyer skilled in Tennessee DUI defense such as those at Barnette Law Offices, LLC typically attack elements one, three and four. However, an officer must first have probable cause to make an arrest for DUI. Even if probable cause is found for the arrest, element four can often be difficult to prove.

A seasoned Tennessee DUI lawyer can punch holes in the way in which field sobriety tests were performed and how a BAC test was performed as well. At Barnette Law Offices, LLC we do this frequently and successfully in Davidson, Dickson, Rutherford, Wilson, and Williamson Counties as well as throughout Tennessee.

The implications of failing to retain an aggressive Nashville or Tennessee DUI lawyer can be catastrophic. Upon conviction for First Offence DUI in Tennessee, a person is subject to a maximum sentence of 11 months, 29 days, with a minimum of 48 hours in jail, or a minimum of 7 days in jail if, at the time of the offense, the defendant's blood alcohol level was .20% or higher. Tennessee DUI laws for merely first offense also require a minimum $350.00 fine and court costs, the loss of your drivers license for a period of one year and enrollment in a court approved victim impact panel as well as DUI classes. Penalties for a second or subsequent conviction of DUI increase dramatically. On a second or subsequent offense, the vehicle used in the offense is subject to forfeiture. A fourth or subsequent conviction of DUI is classified as a Felony.

If you’ve been charged with a DUI in Tennessee, please contact the Nashville, Tennessee criminal defense lawyers at Barnette Law Offices, LLC by visiting http://www.barnettelawoffices.com or calling 615-585-2245.

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Nashville DUI Lawyer – Barnette Law Offices, LLC

2010-03-28T18:39:00.001-07:00

Tennessee DUI laws are similar to the DUI laws of most jurisdictions. However, a Tennessee DUI charge is one of the few crimes for which an individual can be convicted solely on the testimony of an arresting officer. While most Tennessee DUI offenses are classified as misdemeanors, a conviction for a fourth offense is a felony. Moreover, the penalties for a Tennessee DUI conviction are much more severe than in most jurisdictions. This is why it is imperative that if you are charged and arrested for a DUI in the Nashville metro area or anywhere throughout Tennessee that you retain a skilled Nashville or Tennessee DUI lawyer.

A skilled Tennessee DUI defense attorney such as those at Barnette Law Offices, LLC typically attack elements one, three and four. However, an officer must first have probable cause to make an arrest for DUI. Even if probable cause is found for the arrest, element four can often be difficult to prove.

If you’ve been charged with a DUI in Tennessee, please contact the Nashville DUI Lawyers at Barnette Law Offices, LLC by visiting http://www.barnettelawoffices.com or calling 615-585-2245.

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NASHVILLE PERSONAL INJURY LAWYER

2010-02-21T11:33:00.001-08:00

Personal injury lawsuits are filed when people are seriously injured or killed by another person – whether intentional or by carelessness – or are injured by products that are defective in some way. Barnette Law Offices, LLC represents clients from Nashville and throughout Tennessee who are victims of such injuries aggressively and with compassion.

When someone is liable for injuring another person, whether through their direct acts, inactions, or through a product for which they are responsible, he or she can be made to pay the injured person damages. Compensatory damages try to put the injured party back in the position he or she was in before the injury occurred. In some cases, Nashville Personal Injury Lawyer Jason Barnette and his skilled team at Barnette Law Offices, LLC can present enough evidence to a jury that punitive damages (additional money paid as a fine) are awarded to punish the tortfeasors in order to prevent them from doing additional harm.

Barnette Law Offices, LLC accepts many types of personal injury claims for clients in Nashville and across Tennessee. Such personal injury claims include:

Car and Motorcycle Accidents

Defective/Dangerous Products

Slip and Fall Accidents

Trucking Accidents

Wrongful Death

Injuries suffered by virtue of any of the above reference accidents can be severe and life changing. Barnette Law Offices, LLC realizes that your goal after such an accident is to get your life back. Medical bills must be paid, lost wages must be recovered, and agreements reached wherein the insurance company will continue payment for all future damages.

Jason Barnette and Barnette Law Offices, LLC will advise you as to all available options. In addition, Barnette Law Offices, LLC will aggressively work with the insurance companies and all other parties involved in your case to ensure all your needs are handled to achieve the best possible outcome.

If you or a loved one has been seriously injured through no fault of your own, contact us online at http://www.barnettelawoffices.com or call us at 615-585-2245 to set up a consultation.

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HAVE YOU BEEN SUED BY A DEBT COLLECTOR

2010-02-21T11:05:00.001-08:00

Debt collectors use the General Sessions Courts of Tennessee as a hunting ground to illegally obtain money from Tennessee consumers. This is because there are very few law firms such as Barnette Law Offices, LLC in Tennessee which will fight for consumers in Tennessee Courts.

Jason Barnette and his Tennessee Consumer Protection team at Barnette Law Offices, LLC know the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and most importantly, the Tennessee Consumer Protection Act inside and out. Tennessee Consumer Protection Attorney Jason Barnette will utilize the aforesaid Acts to fight for you against debt collectors and purchasers.

Contrary to popular belief, debt collectors and debt purchasers must prove what they allege in their Warrants in Debt. At Barnette Law Offices, LLC we attack the Affidavits debt collectors and debt purchasers try to put on as proof. They are hearsay. Moreover, we assert counter-claims on our clients behalf for violations of the FCRA, FDCPA, and TCPA. This is because debt collectors and debt purchasers always report inaccuracies on consumer credit reports, fail to properly validate debts and take misleading and deceptive acts in an effort to collect monies not justly owed to them.

Please contact the Tennessee Consumer Protection team at Barnette Law Offices, LLC at 615-585-2245 or http://www.barnettelawoffices.com if you’ve been sued by debt collectors such as Arrow Financial, Midland Funding, Asset Acceptance, Calvary Portfolio, Gault Financial, etc. We can help you defeat the suit and often times, put cash in your pocket at the same time.

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TENNESSEE UNEMPLOYMENT BENEFIT APPEAL LAWYER

2010-02-21T10:38:00.001-08:00

Have you been denied unemployment benefits by the Tennessee Department of Labor and Workforce? If so, you have the right to appeal and rebut all evidence presented by your former employer. However, the procedures set forth by the Department are often confusing and timing to preserve your appeal is crucial.

In order to successfully appeal a denial of unemployment benefits, you need to hire Jason Barnette and his team at Barnette Law Offices, LLC. We are one of the very few firms in all of Tennessee which heavily focus strictly on unemployment benefit appeals before the Tennessee Department of Labor and Workforce. We know the process and the law that will support your claim for reinstatement of or eligibility for benefits.

Please contact us today at 615-585-2245 or http://www.barnettelawoffices.com if you’ve been denied for unemployment benefits by the Tennessee Department of Workforce and Labor. Allow Tennessee Unemployment Benefits Appeal Lawyer Jason Barnette and Barnette Law Offices, LLC to take your former employer to task and level the playing field.

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Nashville Car Accident Lawyer

2010-02-20T20:10:00.001-08:00

NASHVILLE CAR WRECK LAWYERS

If you or someone you love has been seriously injured or even killed in an car wreck in or around Nashville, it’s to your advantage to hire an aggressive Nashville, Tennessee auto accident lawyer in order to obtain maximum to compensation. As the victim of a car accident, you have the right to file a lawsuit for your injuries if the accident was caused by someone’s negligent acts or inactions. There are many ways in which negligence and/or reckless driving behavior can lead to a serious or fatal auto accident. Driving under the influence, speeding, reckless driving, making an illegal turn and even simply running through a red light constitute negligent driving in Tennessee.

Maximize your chances of obtaining the highest settlement possible through contacting us at Barnette Law Offices, LLC as soon after the accident as possible. Nashville Car Accident Attorney Jason Barnette of Barnette Law Offices will review your case to determine if your claim has merit, advise you as to all of your options and give you a projection of how much your claim may be worth. Jason Barnette and his skilled Nashville Personal Injury staff at Barnette Law Offices, LLC will ensure that you take the necessary steps to file a lawsuit against the appropriate parties. Furthermore, Jason Barnette will also communicate with the insurance company to aggressively protect your rights.

Contact Aggressive Nashville Auto Accident Lawyer Jason Barnette

If you’ve been involved in any serious auto accident or personal injury matter in and or around Nashville, Barnette Law Offices will recover maximum compensation for your medical expenses, future medical care, lost wages, property damage, additional financial hardship, emotional distress, pain and suffering, and decreased quality of life.

Protect your rights under Tennessee personal injury law. Contact Barnette Law Offices, LLC today at either 615-585-2245 or visit us at http://www.barnettelawoffices.com in order to recover from your auto accident!

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Barnette Law Offices, LLC – DUI Defense Lawyers

2010-01-31T16:50:00.001-08:00

If you have been arrested in Nashville or in Tennessee for DUI, you face serious criminal penalties and the loss of your drivers’ license. You need an an experienced Tennessee DUI Defense lawyer to assist you in the State’s prosecution. Contact the aggressive Nashville DUI Defense team at Barnette Law Offices, LLC in Nashville, Tennessee for a free initial consultation about your DUI case.

Barnette Law Offices, LLC’s experience with the investigation and defense of Tennessee DUI charges will give you the professional legal help you need to keep you out of mandatory jail time and protecting your driving license. We know how to spot the weaknesses in the State’s case from the initial stop through booking.

At Barnette Law Offices, LLC, we are not timid about taking your case before a jury of your peers to prove your legal innocence if you desire. This is in stark contrast to many Tennessee attorney’s which erroneously feel DUI cases cannot be won. They can!

Contact the skilled DUI Defense Lawyers at Barnette Law Offices, LLC if you’re facing a DUI or Implied Consent charge in Nashville or Tennessee.

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Barnette Law Offices, LLC – Tennessee Divorce Lawyers

2010-01-31T16:16:00.001-08:00

BARNETTE LAW OFFICES, LLC – NASHVILLE, TENNESSEE FAMILY LAW ATTORNEY’S

For aggressive, caring, and professional representation in any matter involving Tennessee Divorce, Prenuptial Agreements, Post-decree Enforcement regarding Child Support, Alimony, etc., contact the Nashville, Tennessee Family Law Attorneys at Barnette Law Offices, LLC.

Our divorce lawyers handle divorce cases of every variety. Contested cases involving child support or access to children under a parenting plan, mediation is required before a Family Court judge will hear and resolve the matter. At Barnette Law Offices, LLC, we represent you zealously to achieve the best outcome for you.

Barnette Law Offices, LLC’s child custody attorneys will work hard to make sure that you have an excellent understanding of your rights and that we obtain an advantageous resolution of the issue of child custody at the mediation session[s].

Please contact Barnette Law Offices, LLC at http://www.barnettelawoffices.com or 615-585-2245 for all your Tennessee Family Law needs.

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Barnette Law Offices, LLC – A New Way of Advertising For Law Firms

2010-01-31T15:34:00.001-08:00

BARNETTE LAW OFFICES, LLC ENCOURAGES BLOGING AS MEANS OF AFFORDABLE ADVERTISING FOR TENNESSEE LAW FIRMS

Advertising for law firms in Tennessee can be cost prohibitive. Yellow Page ads, print ads, billboards, and even online ads can be very expensive. However, “blogging” can be a very cost efficient and informative way of reaching potential clients.

Barnette Law Offices, LLC understood this but, needed a way to rank high in the major search engines. Then we found our answer . . . Jeff San George and Pineapple-PC. Jeff San George and his team at pineapple-pc designed all of Barnette Law Offices, LLC’s blogs. Below are just some of the following blogs that Jeff San George and Pineapple-PCset us up for Barnette Law Offices, LLC:

Moreover, Jeff San George set us up and running with such social networks as Facebook, LinkedIn, and Twitter. Moreover, Jeff San George and Pineapple – PC showed us how to get up very high in the search rankings. All of this was done for a very affordable cost and more importantly, it worked!

We at Barnette Law Offices, LLC highly recommend Jeff San George for any firm seeking excellent Search Engine Optimization. Pineapple – PC can be reached at http://www.pineapple-pc.com or 615-942-0843.

And, as always, feel free to contact Barnette Law Offices, LLC at http://www.barnettelawoffices.com or 615-585-2245 for all your criminal defense, DUI defense, and divorce needs.

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AVVO Ranks Barnette Law Offices, LLC One Of The Best Nashville Divorce Firms

2010-01-24T15:43:00.001-08:00

Barnette Law Offices, LLC One Of Most Searched Nashville Divorce Firms On http://www.avvo.com

Barnette Law Offices, LLC was recently named one of the most searched Nashville and Tennessee DUI Defense Law Firms by AVVO. Please review below the testimonials Barnette Law Offices, LLC has garnered:

Great Nashville Divorce Lawyer

Posted by: anonymous, 2010-01-17 7 days ago. Flag as objectionable

Overall rating

Trustworthy

Responsive

Knowledgeable

Kept me informed

I recommend Jason Barnette.
I used Jason 6-12 months ago.
Jason handled my Divorce / Separation matter.
I have previously worked with 1-2 lawyers.

Client Review:

Jason Barnette and Barnette Law Offices, LLC in Nashville did a great job for me on my divorce. They were compassionate, experienced, and responsive. We had only two court dates, one mediation and the whole thing was done.
I'd recommend Barnette Law Offices and Jason Barnette for anyone looking for a Tennessee Divorce Lawyer.

Add a comment

Jason Wade Barnette

Jason Barnette, Good Divorce Attorney

Posted by: anonymous, 2009-11-14 2 months ago. Flag as objectionable

Overall rating

Trustworthy

Responsive

Knowledgeable

Kept me informed

I recommend Jason Barnette.
I used Jason 6-12 months ago.
Jason handled my Divorce / Separation matter.
I have previously worked with 1-2 lawyers.

Client Review:

Jason Barnette and his firm at Barnette Law Offices, LLC in Nashville, Tennessee are very good at all area's in which they practice. I first came to them with an unemployment appeal. He won and I got all back pay. He then undertook my workers compensation claim. We already getting ready to produce the settlement terms to Court (less than four months). He also handled my daughters simple possession charge in which he got the case dismissed. Finally, and as a result of the above charge, my former spouse and I needed a divorce. Jason Barnette and his staff at Barnette Law Offices took care of that as well.
All in all, I find him very responsive (within reason, I mean he calls back in a 48 hour period). Moreover, he is just very aggressive in all that he pursues. He puts his heart and soul in to his clients cases.

Add a comment

Jason Wade Barnette

Good DUI Attorney

Posted by: anonymous, 2009-11-03 3 months ago. Flag as objectionable

Overall rating

Trustworthy

Responsive

Knowledgeable

Kept me informed

I recommend Jason Barnette.
I used Jason 6-12 months ago.
Jason handled my DUI / DWI matter.
I have previously worked with 1-2 lawyers.

Client Review:

Got a 1st offense DUI charge dropped to reckless driving and implied consent violation dropped completely. Rutherford County General Sessions Court.
Jason Barnette and his staff at Barnette Law Offices are top notch. I'd recommend him to anyone.

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Jason Wade Barnette

Best Criminal Defense Attorney in Nashville, Tennessee

Posted by: anonymous, 2009-10-28 3 months ago. Flag as objectionable

Overall rating

Trustworthy

Responsive

Knowledgeable

Kept me informed

I recommend Jason Barnette.
I used Jason 1-6 months ago.
Jason handled my Criminal Defense matter.
I have previously worked with 1-2 lawyers.

Client Review:

Had a felony drug traffic charge. Jason Barnette filed some motion and nothing could come into court. The DA just dropped the charges after Attorney Barnette asked the judge to strike the charges.
Money well spent.
Barnette Law Offices, LLC isn't huge but, they're good. You can actually get ahold of Jason and his staff and they deliver. Pricing is reasonable and considering he holds true to his word, I'd highly recommend Barnette Law Offices, LLC.

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Jason Wade Barnette

Great Nashville Divorce Lawyer

Posted by: anonymous, 2009-10-22 3 months ago. Flag as objectionable

Overall rating

Trustworthy

Responsive

Knowledgeable

Kept me informed

I recommend Jason Barnette.
I used Jason more than 3 years ago.
Jason handled my Divorce / Separation matter.
I have previously worked with 1-2 lawyers.

Client Review:

Jason Barnette is a terrific divorce lawyer. I retained in firm of Barnette Law Offices in Nashville and they got me a through a very tough contested divorce. I really got more than what I thought I would and his prices are fair.
Outstanding divorce attorney.

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Jason Wade Barnette

Outstanding Child Custody Attorney - Best in Tennessee

Posted by: anonymous, 2009-10-19 3 months ago. Flag as objectionable

Overall rating

Trustworthy

Responsive

Knowledgeable

Kept me informed

I recommend Jason Barnette.
I used Jason 6-12 months ago.
Jason handled my Divorce / Separation matter.
I have previously worked with no lawyers.

Client Review:

Jason Barnette and his staff at Barnette Law Offices, LLC got me full custody of my children and the maximum child support. He also got my ex to agree to pay for their college educations.
He is a great lawyer in my opinion.

Add a comment

Jason Wade Barnette

Barnette Law Offices -Terrific Family Lawyers

Posted by: anonymous, 2009-10-13 3 months ago. Flag as objectionable

Overall rating

Trustworthy

Responsive

Knowledgeable

Kept me informed

I recommend Jason Barnette.
I used Jason 6-12 months ago.
Jason handled my Child Support matter.
I have previously worked with 1-2 lawyers.

Client Review:

Jason Barnette of Barnette Law Office represented me in a child support matter. The were terrific throughout the proces and got me everything I could have possible asked for. I was impressed with Jason and would recommend his firm for anyone in Tennesse.

Add a comment

Jason Wade Barnette

Great DUI Lawyer

Posted by: anonymous, 2009-09-03 5 months ago. Flag as objectionable

Overall rating

Trustworthy

Responsive

Knowledgeable

Kept me informed

I recommend Jason Barnette.
I used Jason 6-12 months ago.
Jason handled my DUI / DWI matter.
I have previously worked with no lawyers.

Client Review:

Jason Barnette represented me in a DUI matter in Nashville, Tennessee. I am from Kentucky and had heard bad things regarding the criminal courts in Nashville. Jason assured me that he could keep me out of jail and the fines to a minimum. Not only did he accomplish that, he got the charge reduced to a much lesser offense.
This guy is good and is very aggressive in terms of DUI defense. His office at Barnette Law Offices is top notch as well in terms of attentiveness to their clients.

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Jason Wade Barnette

Excellent Employment Law Attorney

Posted by: anonymous, 2009-08-04 6 months ago. Flag as objectionable

Overall rating

Trustworthy

Responsive

Knowledgeable

Kept me informed

I recommend Jason Barnette.
I used Jason 6-12 months ago.
Jason handled my Employment / Labor matter.
I have previously worked with 1-2 lawyers.

Client Review:

Jason Barnette is an excellent employment law attorney. He represented me in my claim against my former employer in both a civil action and unemployment appeal. We settled the first and he had the second reversed.
Good as they come in my book.

Add a comment

Jason Wade Barnette

Good Defense Attorny

Posted by: anonymous, 2009-06-18 7 months ago. Flag as objectionable

Overall rating

Trustworthy

Responsive

Knowledgeable

Kept me informed

I recommend Jason Barnette.
I used Jason 1-3 years ago.
Jason handled my Criminal Defense matter.
I have previously worked with 1-2 lawyers.

Client Review:

I was charged with a few crimes by Metro. I spoke to Jason in his office and he told me what I could be looking at in terms of jail time but, that I may be able to get off on some of it because of the way I was arrested. Sure enough, Mr. Barnette had all the charges dropped.
I was impressed.
He's as good of a criminal defense lawyer as I've seen and he listens to you. I'd recommend him.

Add a comment

Jason Wade Barnette

Excellent DUI Attorney

Posted by: anonymous, 2009-06-16 7 months ago. Flag as objectionable

Overall rating

Trustworthy

Responsive

Knowledgeable

Kept me informed

I recommend Jason Barnette.
I used Jason 6-12 months ago.
Jason handled my Criminal Defense matter.
I have previously worked with 1-2 lawyers.

Overall rating

Trustworthy

Responsive

Knowledgeable

Kept me informed

I recommend Jason Barnette.
I used Jason 6-12 months ago.
Jason handled my Criminal Defense matter.
I have previously worked with 1-2 lawyers.

Client Review:

Add a comment

Please contact the skilled Nashville Criminal Defense Lawyers at Barnette Law Offices, LLC for your needs or call 615-585-2245.

Technorati Tags: Nashville Criminal Defense Lawyers,Tennessee Criminal Defense Lawyers,Barnette Law Offices LLC

Barnette Law Offices, LLC – Google Favorite Place

2010-01-24T15:12:00.001-08:00

Barnette Law Offices, LLC Named One Of 100,000 Businesses Across U.S. As A Google Favorite Place.

Barnette Law Offices, LLC was honored by Google as one of only 100,000 businesses to be named a “Favorite Place” out of 4.1 million businesses across the U.S.

What this means is that Barnette Law Offices, LLC is one of the most searched Nashville Law Firms. We at Barnette Law Offices, LLC pride ourselves on this fact and encourage the use of Google.

Below, please find the Barnette Law Offices, LLC bar code received from Google:

Please simply take a picture of the above with any smart phone and it will lead you directly to Barnette Law Offices, LLC. Please feel free to contact us at Barnette Law Offices, LLC or 615-585-2245 for all your Tennessee Legal Needs.

Technorati Tags: Best Nashville Lawyers,Best Tennessee Lawyers,Barnette Law Offices

Nashville Divorce Lawyers

2010-01-17T13:34:00.001-08:00

Barnette Law Offices, LLC – Nashville Divorce Lawyers

Tennessee Divorce Lawyers – What They Should Know

I. Residency Requirements and Grounds for Divorce

You or your spouse must be a resident of Tennessee for at least six months in order to file for divorce. The legal divorce process begins when one spouse files a complaint for divorce. The divorce papers must be filed in a county where either you or your spouse resides. To get the process started, contact the Nashville Divorce Lawyers at Barnette Law Offices, LLC.

Tennessee has both no-fault and fault divorces. For a no fault divorce, there only needs to be a statement that there are irreconcilable differences within the marriage plus a showing that the spouses have been living apart for two years. However, you and your spouse must be in agreement about child custody, child support, division of the property and division of any debt. In an irreconcilable differences divorce there is a waiting period of 60 days from the date that the divorce complaint was filed (90 days if there are children). For no-fault divorces, contact the Nashville Divorce Lawyers at Barnette Law Offices, LLC.

Tennessee also has fault ground divorces. The fault grounds include:

Adultery
Desertion
Cruel and inhumane treatment
Conviction of a felony accompanied by a sentence of confinement in the penitentiary
Habitual drunkenness or abuse of narcotic drugs

Contact the Nashville Divorce Lawyers at Barnette Law Offices, LLC in order to file a fault ground divorce throughout Tennessee.

If you and your spouse have children, you must each go to a parenting class. You also must each go to mediation and submit a parenting plan in any county throughout Tennessee. Contact the experience Tennessee Divorce Lawyers at Barnette Law Offices, LLC for more information.

II. Dividing the Property

In Tennessee, assets and debts acquired during your marriage called "marital property" - will be divided "equitably" when you divorce. "Marital property" is all jointly owned property, other than separate property, acquired by either or both spouses during the marriage. "Separate property" is property owned prior to the marriage or property that was inherited or received as a gift. Separate property is retained by the owning spouse.

Examples of separate property:

Assets you had before you married may be considered non-marital or separate property if you kept that property separated from property acquired during the marriage
Income produced by a separate property investment may also be non-marital property, as long as it hasn't been "commingled" - mixed together with marital property
Property you inherit from your family during your marriage will generally be considered your own separate property if it was willed exclusively to you and you did not commingle it with marital property during the marriage.

In deciding how to divide the property owned by divorcing couples, judges will consider a number of factors, including:

Length of the marriage
Age, physical and mental health, vocational skills, employability, earning capacity, estate, financial liabilities and financial needs of each spouse
Contribution by one spouse to the education, training or increased earning power of the other spouse
Relative ability of each spouse for future acquisitions of capital assets and income
Contribution of each spouse to the acquisition, preservation, appreciation, depreciation or dissipation of the marital or separate property, including the contribution of a party to the marriage as homemaker, wage earner or parent, with the contribution of a party as homemaker or wage earner to be given the same weight if each party has fulfilled its role
Value of the separate property
Estate of each spouse at the time of the marriage
Economic circumstances of each spouse at the time the division of property is to become effective
Tax consequences to each spouse
Amount of social security benefits available to each spouse

It is important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth, and details such as account numbers, serial numbers and so forth. Collecting this information before you see the Nashville Divorce Lawyers at Barnette Law Office, LLC, can save you a lot of time and money.

III. Alimony

Alimony is a court ordered payment from one spouse to another for financial support. A court can order alimony to either party in Tennessee. In deciding the amount that should be paid, a court will generally consider such factors as:

Relative earning capacity, obligations, needs, and financial resources of each spouse
Relative education and training of each spouse
Duration of the marriage
Age and mental condition of each spouse
Physical condition of each spouse
Whether it is undesirable for spouse to seek outside employment because spouse will be custodian of a minor child
Separate property of the spouses
Distribution of the marital property
Standard of living
Contributions to the marriage
Relative fault of each spouse
Tax consequences of the award

A court can order temporary maintenance while the divorce is pending. The temporary order ends when the final judgment for divorce is entered.

The spouses may agree to make alimony nonmodifiable. If there is no agreement, maintenance may be modified only upon a showing of a "change in circumstances." If alimony is not received at the time of the divorce, it cannot be obtained later.

For more information about obtaining and defending against alimony demands, contact the Nashville Divorce Lawyers at Barnette Law Offices, LLC.

IV. Child Custody and Visitation

In Tennessee, the court will make child custody decisions based upon the "best interest" of the child. The court may award sole custody to one spouse or joint custody to the spouses or even custody to a third party. There is a presumption in favor of joint custody if both parents agree. The court considers all relevant factors including the following:

Love, affection and emotional ties existing between the parents and child
Disposition of the parents to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent has been the primary caregiver
Importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment
Stability of the family unit of the parents
Mental and physical health of the parents
Home, school, and community record of the child
The reasonable preference of the child if 12 years of age or older
Physical or emotional abuse to the child, to the other parent or to any other person
Character and behavior of any other person who resides in or frequents the home of a parent
Each parent's past and potential for future performance of parenting responsibilities

The court may award either sole or shared custody if it is in the best interest of the child. If the court orders sole custody, it will usually award the non-custodial parent visitation rights to see the child.

After the custody order is signed by the judge and filed with the court clerk, both parents are bound by it. A "material change in circumstances" will justify a modification of a child custody order. The court will then consider the petition to modify custody using a best interests standard.

Tennessee courts will set visitation unless it would place your child in imminent danger of harm. The courts set holiday and special occasion visitation if the parties cannot mediate these issues. The Nashville Divorce Lawyers at Barnette Law Offices, LLC, are very skilled at resolving issues during mediation. Contact the Tennessee Divorce Lawyers at Barnette Law Offices, LLC, in order to take advantage of these skills.

V. Child Support

In Tennessee, child support is a percentage of the non-custodial parent's income that is paid to assist with the support of that parent's child or children. Support is generally ordered through the age of 18 years old or until the child is a high school graduate.

A Tennessee child support order can be modified if there has been a "significant variance" between the child support guideline amount and the current support order. Upon application for adjustment by either party, the court must increase or decrease child support in accordance with the guidelines unless the significant variance occurs due to a previous decision of the court to deviate from the guidelines and the circumstances which caused the deviation have not changed.

Contact the Nashville Divorce Lawyers at Barnette Law Offices, LLC or 615-585-2245 for all your child support issues as well as all matters related to divorce and family law in general.

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Nashville DUI Lawyers

2010-01-17T12:39:00.001-08:00

Barnette Law Offices, LLC – Why Pick Us For Tennessee DUI Defense?

For Nashville and any Tennessee DUI case, your DUI Lawyers’ experience may be the most critical thing.

Many Nashville and Tennessee DUI Lawyers make mistakes when it comes to defending clients which can harm their clients in terms of losing their license, paying fines, jail, having huge increases in their insurance rates. The Nashville DUI Lawyers at Barnette Law Offices, LLC don’t.

To protect yourself, know what these mistakes are so that when you contact the experienced Tennessee DUI Lawyers at Barnette Law Offices, LLC, you’ll see the difference.

A Tennessee DUI Case Can Be Won

Most Nashville and Tennessee lawyers simply give up and advise the client to plead guilty when receiving a Blood Alcohol Content over .08%

In fact, the breath test, the alcohol blood level test, and the roadside tests the arrested person has to perform all have potential built-in flaws. We at Barnette Law Offices, LLC know these flaws and use them to present reasonable doubt.

For example, the results of a breath test can be challenged through a Motion to Suppress, or evidence of your sobriety, or with cross examination of the police officer or the state’s expert. I’ll say more about these in a minute.

Is it more costly to defend than to plead guilty?

Sure it is. But with so much at stake, winning should not be the goal. At Barnette Law Offices, LLC, it probably will cost less than you think when considering our Nashville DUI installment plans.

The Breath Test Rules in the T.C.A. Weren’t Adhered To

Tennessee has codified rules which must be followed when administering a breath test in a Tennessee DUI arrest. Good Nashville DUI Attorney’s know these rules and ascertain whether they were applied correctly. Showing that the rules weren’t followed can be used to exclude the breath test results altogether.

The testing officer is supposed to watch you for 20 minutes before giving the test to make sure you don’t smoke, drink alcohol, eat or regurgitate. Tennessee courts have excluded test results for this violation in Tennessee DUI cases.

The rules any good Nashville DUI Lawyer should know include:

-the test operator having a current certification.
-the machine having a current certification.
-calibrating the machine as often as required.
-changing the mouthpiece before the test is given.
-keeping a record of the temperature of the calibrating solutions in the machine.
-keeping a log of the tests run.
-counting the number of times the calibration solution has been changed.

The Nashville DUI Lawyers at Barnette Law Offices, get copies of the various logs, maintenance records, and the operator’s license or certification. Most lawyers don’t.

File Motion for Suppression of Evidence

Not filing this pre-trial motion is a huge mistake. Even though this doesn’t succeed very often, a case can be won by filing it nonetheless. While a stop is generally justified if you were weaving from lane to lane, weaving within a lane is not illegal under Tennessee DUI law and may not make the stop reasonable. And whether they’ll admit it or not, a motion to suppress based upon any number of reasons may strike a cord with a judge.

Even if the motion loses, it provides another opportunity to question the arresting officer for impeachment purposes. If the testimony is different in the suppresion discussion, the pre-trial hearing, and again at the trial, the stronger your case. The exerienced Nashville DUI Lawyers at Barnette Law Offices, LLC know this and use this to our client’s advantage.

Personally Inspecting The Arrest Location

Most lawyers don’t inspect the arrest location. At Barnette Law Offices, LLC, our Tennessee DUI Attorney’s do.

Doing so often exposes that the location made the roadside test difficult to perform.

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

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Caring Nashville Divorce Attorney’s

2010-01-10T10:44:00.001-08:00

Barnette Law Offices, LLC – Nashville Divorce Lawyers

At Barnette Law Offices, LLC, in Nashville, Tennessee, we are committed to helping our clients and their children deal with sensitive personal and financial matters associated with divorce in Tennessee. At the Nashville Divorce Law Firm of Barnette Law Offices, LLC, we acknowledge that effectively representing our clients sometimes means telling them things they do not want to hear. Divorce is a difficult situation based on give and take. Accordingly, many may not always like what we must present to you, but you can count on the Nashville, Tennessee Divorce Lawyers at Barnette Law Offices, LLC, getting you the most favorable outcome possible. If you are seeking honest and effective legal representation for your divorce, please contact us at Barnette Law Offices, LLC or 615-585-2245.

Divorce Overview - The Basics

Divorce is difficult. Whether or not you are sure you want to end your marriage, you should know the basics of Tennessee divorce law. Should you conclude that divorce is necessary, it is important to seek the assistance of the experienced Tennessee family law attorney’s at Barnette Law Offices, LLC.

A divorce is a judicial decree by which a valid marriage is dissolved. From a legal standpoint, the divorce process will divide the couple’s assets and debts; determine the future care and custody of their children via a parenting plan; and give each person the legal right to marry someone else.

Division of Property

When a couple has little or no marital property, no children and no disagreement on spousal maintenance/alimony, their divorce usually goes very quickly. In most instances, we at Barnette Law Offices, LLC, can wrap up the process in a one-day mediation.

Most couples, however, have at least some issues to work out during the divorce process. These issues may involve children, marital property, personal property, real estate, a family business, debts, trusts, real property in other states, joint and separate accounts, investments, insurance, pensions and other assets. In any divorce, especially one involving complex property matters, the experienced Nashville Divorce Lawyers at Barnette Law Offices, LLC can offer invaluable advocacy for our clients.

Dealing with Divorce

Understanding the process and the feelings you may experience will help you to dissolve the relationship. It is important to allow yourself the time you need to recover from the experience of ending a marriage so that you can move on to the next phase of your life. The skilled Nashville, Tennessee Divorce Lawyers at Barnette Law Offices, LLC, can and will provide support throughout the divorce process.

Amicable Divorce

It is in your best interest to approach divorce from an amicable perspective insofar as this can spare you a great deal of time, money and frankly, misery. The experienced Nashville Divorce Lawyers at Barnette Law Offices, LLC, will help you see things clearly and objectively so that you may move forward with your future in the best possible position.

If you need a skilled and professional divorce attorney in the Nashville area or anywhere in Tennessee, please contact us at Barnette Law Offices, LLC, or 615-585-2245.

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Nashville Domestic Violence Defense Lawyers

2010-01-10T10:16:00.001-08:00

Barnette Law Offices, LLC – Tennessee Domestic Violence Defense

Certain crimes exist that have long-term ramifications beyond a criminal charge, fine, jail sentence, or probation. Domestic violence is becoming one of those crimes where the lasting effects can significantly change how you live the rest of your life and what rights you will have. At Barnette Law Offices, LLC, in Nashville, Tennessee, we will work to protect your rights if you have been charged with domestic violence.

A domestic violence conviction results in a lifetime loss of your right to carry a weapon in the state of Tennessee. Immigrants who are in this country through a visa or a green card could lose their residency status or be deported if convicted of domestic violence or violation of an order of protection. Once a charge is made, an arrest is soon to follow. If the police show up at your door, someone is leaving with them for jail.

At Barnette Law Offices, LLC, we get to work immediately after you have been arrested for spousal abuse or domestic violence. Many times, we get our clients immediately into counseling to show the prosecution that you are acknowledging a problem and taking important steps to work on your alleged violent tendencies.

Many domestic violence cases hinge on "he said/she said" testimony. Divorce or custody issues have been a key factor in many of the domestic violence cases that we have handled. Unfortunately, spouses have been known to make false allegations of domestic abuse in divorce proceedings. Conviction on a domestic abuse charge may negatively affect an individual's custody and visitation rights in a family court proceeding.

Domestic violence is a serious issue and a crime with severe penalties. However, when it is used as a way to gain an advantage in a divorce, the Nashville, Tennessee Domestic Violence Defense Lawyers at Barnette Law Offices, LLC, get to work in defending our client's rights.

Our job is to conduct a thorough investigation and strip away the emotional elements to find the facts of the case. If there is an order of protection in place, we encourage our clients to stay away from the home. Any violation could result in jail time with no probation.

For more information or to schedule an appointment regarding domestic violence or family abuse, please contact us at Barnette Law Offices, LLC, or 615-585-2245.

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Barnette Law Offices – Tennessee DUI Attorney’s

2010-01-10T09:57:00.001-08:00

Barnette Law Offices, LLC – Nashville’s DUI Defense Leaders

Jason Barnette of Barnette Law Offices, LLC, focuses upon aggressively defending people arrested and charged with DUI in Nashville and throughout Tennessee. Nashville DUI Defense Attorney Jason Barnette serves clients throughout the state of Tennessee and is dedicated to aggressively defending his clients. Barnette Law Offices, LLC, is considered to be among the best DUI / Drunk Driving defense firms in middle Tennessee and Jason Barnette has earned a reputation for successfully representing DUI / Drunk Driving clients in Nashville, Dickson, Knox County, Rutherford County, Williamson County, Wilson County, Rutherford County and across Tennessee.

With vast experience and state of the art resources in the area of DUI / Drunk Driving defense, Barnette Law Offices, LLC, represents each DUI / Drunk Driving client personal care and attention a client expects.

Clients appreciate the comprehensive and supportive legal representation they receive from the dedicated staff and attorneys at Barnette Law Offices, LLC. Our Tennessee DUI / Drunk Driving team has successfully represented clients in middle and throughout Tennessee in cases ranging from first-time DUI / Drunk Driving offenses to repeat DUI / Drunk Driving offenses as well as felony DUI / Drunk Driving cases that can carry significant penalties, including jail or prison time.

Barnette Law Offices, LLC, also gets many of it’s clientele no jail time even with a guilty plea. Contact the Nashville, Tennessee DUI Law Firm of Barnette Law Offices, LLC at 615-585-2245 today.

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Tennessee Sex Crime Defense Lawyers

2010-01-10T09:38:00.001-08:00

Barnette Law Offices, LLC – Nashville, TN Sex Offense Attorney’s

When charged with a sex crime, the mere accusation of the crime can have a devastating effect on your life, including serious harm to your reputation, career and personal relationships. If convicted, you can face a lifetime registration as a sex offender and severe criminal penalties. A sex crime conviction can follow you for the rest of your life, and convictions can occur even when the only evidence is the victim's word.

Even the casual comment made by a child, a complaint by a student, a patient-doctor relationship gone bad or a difficult divorce can all result in potential sex crime charges. It is you and your attorney alone who can turn the tide in your direction.
This is why charges of sexual crimes must be taken seriously and defended aggressively. Because of the current political climate, there is a nationwide effort to pursue sexual predators relentlessly. The government has spent tremendous time and money to set up sting operations, and the news media and prosecutors are all playing on public fear. If you’ve been charged with a Sex Offense in Tennessee, call the experienced Nashville Criminal Defense Lawyers at Barnette Law Offices, LLC, – 615-585-2245.

Barnette Law Offices, LLC can help!

Jason Barnette, Esq. of Barnette Law Offices, LLC is experienced in handling sex offenses under Tennessee law. Sex crime charges are generally "he said, she said" cases in which the jury must decide between the word of the victim and that of the defendant. Accusations are made even more complex when they involve children, who are highly impressionable. Before you consider a guilty plea, be sure you fully understand all of the consequences of a sexual conviction and call Nashville Sex Crime Defense Lawyer Jason Barnette at Barnette Law Offices, LLC or any of our Tennessee Criminal Defense Attorney’s before doing anything!

With that said, there are generally no acceptable plea agreements for most sex crimes because of the requirement for lifetime sex offender registration. These charges must be fought using a legal defense with specific experience in this area of criminal law.

Sexual defense is different from other areas of criminal law and requires very specific techniques and experience. The skilled Nashville Criminal Defense Lawyers at Barnette Law Offices, LLC, often employs psychologists, computer forensic examiners, and private investigators with the expertise to use these tools in the most effective manner.

One defense strategy is to deny that the alleged sexual act occurred in the first place or that the sexual act did not involve the defendant. DNA and other forensic evidence may be used to support this defense. Another strategy is to argue that the act was consensual. This requires skilled argumentation by your attorney and may depend strongly on the use of psychologists, character witnesses and expert private investigation services.

Barnette Law Offices, LLC, uses the foremost experts in sex crimes defense. We have extensive experience and a track record of results in sensitive and challenging sex crime cases. Contact us at Barnette Law Offices, LLC or 615-585-2245 if you’re facing a sex offense in Tennessee.

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Nashville Criminal Defense Lawyers

2010-01-10T09:15:00.001-08:00

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

Criminal investigations of drug crimes involve a variety of aggressive investigative techniques, including the use of search warrants, grand jury subpoenas, forfeitures and wire surveillance. Investigating agents and officers move quickly, often giving people little time to make important decisions. On occasion, the government conducts historical investigations, interviewing and subpoenaing people to testify about transactions that occurred long ago.

The Nashville, Tennessee Criminal Defense Lawyers at Barnette Law Offices, LLC, have legal experience handling all sorts of drug law violations. We have the expertise and determination needed to handle the most difficult narcotics cases. We handle offenses related to drug manufacture, drug distribution and drug possession involving:

• Cocaine
• Crack Cocaine
• Heroin
• Marijuana
• Prescription Drugs

Drug-related convictions have serious penalties under federal and state drug laws and constitutional rights under the Fourth Amendment (Search and Seizure) are often compromised as state and federal agencies aggressively take legal action against alleged narcotics offenders.

Federal and state laws regarding narcotics are generally divided into three categories:

1) Drug Possession

Both federal and state laws criminalize the possession of illegal substances, including the chemicals used to cultivate and manufacture narcotics. The consequences, as set out by sentencing guidelines, for possession of illegal drugs depend upon the amount involved and the intent of the possessor.

2) Distributing and Trafficking Drugs

State and federal laws regulate the delivery of drugs and the distribution of illegal controlled substances, criminalizing their sale, transport, or import in the United States without exemption. The Controlled Substances Act and state laws control the distribution of pharmaceutical and prescription drugs, exposing professionals to the risk of losing their licenses and livelihoods.

3) Drug Cultivation and Manufacturing Laws

Manufacturing or cultivating controlled substances can put you at risk of criminal investigation, arrest, and criminal charges.

If you face drug charges in Nashville or Tennessee, contact our skilled Tennessee Drug Offense Lawyers at Barnette Law Offices, LLC or 615-585-2245.

Nashville & Tennessee Personal Injury Lawyers

2010-01-10T08:52:00.001-08:00

Barnette Law Offices, LLC – TN Personal Injury Attorney’s

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 car wreck attorneys 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 car wreck attorneys at Barnette Law Offices, LLC - 615-585-2245.

What 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 experienced Tennessee Personal Injury Lawyers at Barnette Law Offices, LLC at 615-585-2245 or visit us on our website at Barnette Law Offices, LLC.

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, call one of our experienced Tennessee Car Accident Attorney’s at Barnette Law Offices, LLC – 615-585-2245.

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 experienced Nashville, Tennessee Personal Injury Lawyers at 615-585-2245 or contact us at Barnette Law Offices, LLC.

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Nashville DUI Defense Lawyers

2009-12-16T10:20:00.001-08:00

Barnette Law Offices, LLC – Nashville DUI Lawyers

Tennessee’s penalties for drunk driving are among the toughest in the country. If you are convicted of driving under the influence (DUI/DWI) you can lose your license for one year and will serve a mandatory jail sentence of 48 hours for 1st offense alone. If this isn't your first offense, the penalties are even more severe, requiring 45 days in jail for a second conviction and 120 days in jail for a third. A restricted license is not going to happen absent exigent circumstances. If you’ve been charged with DUI in Nashville, Davidson, Rutherford, Williamson, or Wilson County or anywhere in Tennessee, it is imperative you retain skilled counsel such as the aggressive Nashville DUI Lawyers at Barnette Law Offices, LLC.

Barnette Law Offices, LLC – Experienced Nashville DUI Lawyers

It is critically important to have experienced Criminal Defense representation if you have been charged with a DUI. The Nashville DUI Lawyers at Barnette Law Offices, LLC offer just this.

Free Consultation – The Nashville DUI Lawyers of Barnette Law Offices, LLC experience separates us from many DUI and Nashville Criminal Defense Lawyers in the region. We know the process, the procedure, and will inform you of the same.

Again, it is imperative that you retain skilled counsel to represent you in a Tennessee DUI case. The Nashville DUI Lawyers at Barnette Law Offices, LLC are prepared to discuss your DUI charges right away. Time is an important factor in any criminal matter, but is particularly important in DUI cases.

Our Nashville DUI Attorney’s represent clients throughout Tennessee in the following charges:

1) DUI defense, felony DUI, multiple offenses
2) Underage DUI
3) Vehicular homicide, vehicular assault defense
4) Speeding, reckless driving, DUI-related traffic offenses
5) Obtaining restricted licenses

Presenting Your DUI Defense

If you did not submit to a blood alcohol content (BAC) or breath test, there are more options if the case proceeds to trial. If you did take a blood or breath test, the Nashville DUI Lawyers at Barnette Law Offices, LLC will make sure the tests were administered and interpreted correctly.

The Nashville DUI Lawyers at Barnette Law Offices, LLC also challenge the validity of the traffic stop, making sure the police had reasonable suspicion to pull you over and that they followed the laws related to search and seizure under the Constitution. If this is not your first DUI charge, you face a stiffer sentence and possibly a felony conviction if, again, this is your 4th DUI charge. Our Nashville DUI Lawyers at Barnette Law Offices, LLC will make sure that your DUI prior charges resulted in convictions for 1st through 3rd and that you were properly represented by counsel in each proceeding.

You may find more information at our Nashville DUI Law website and please to not waste time contacting our skilled Nashville DUI Lawyers at Barnette Law Offices, LLC or 615-585-2245 if you have been charged with a DUI in Tennessee.

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Nashville Criminal Defense Lawyer

2009-12-16T09:44:00.001-08:00

Jason Barnette – Nashville Drug Offense Defense Lawyer

If you have been charged with a drug related crime or crimes in Nashville or Tennessee, you will need a skilled Nashville Criminal Defense Lawyer and one who is experienced in Drug Offense Defense.

I am Nashville Criminal Defense Lawyer Jason Barnette of Barnette Law Offices, LLC. Barnette Law Offices, LLC is comprised of aggressive and effective Nashville Criminal Defense Lawyers for people charged with state and federal drug crimes throughout Tennessee. My experience in Criminal Defense and Drug Offense Defense under Tennessee law is what separate Barnette Law Offices, LLC from other Nashville Criminal Defense Lawyers in the metro area of Davidson, Williamson, Wilson, and Rutherford Counties as well as throughout Tennessee.

Free Consultation –

Contact the Nashville Criminal Defense Lawyers at Barnette Law Offices, LLC at 615-585-2245 as soon as possible if you’ve been charged with a drug crime, state or federal, in the Nashville Metro Area or in Tennessee.

The Nashville Criminal Defense Lawyers at Barnette Law Offices, LLC handle the following drug charges:

1) Marijuana misdemeanors, simple possession, casual exchange
2) Possession with intent to sell, sale of a controlled substance
3) Cocaine possession and distribution
4) Methamphetamine manufacture and sale
5) Cultivation and manufacturing
6) Drug-related DUI charges
7) Possession of illegal prescription drugs; e.g. Hydocodone, Oxycodone, Colonpin/Xanax/Benzapines, OxyContin, etc.

What to Expect After You’re Charged With a Drug Offense

The Nashville Criminal Defense Lawyers at Barnette Law Offices, LLC understand your apprehension as to what is going to happen after you’re charged with a drug related offense. Your case will depend upon the types of charges you face.

Regardless of whether you are facing a serious felony or misdemeanor charge, the Nashville Criminal Defense Attorneys at Barnette Law Offices, LLC will investigate aggressively to ensure that your Fourth Amendment rights haven't been violated. Moving the court to suppress evidence for lack of probable cause for search and seizure is a key tool our Nashville Criminal Defense Lawyers invoke and often leads to the reduction or dismissal of charges.

Fighting to Protect Your Future

The Nashville Criminal Defense Lawyers at Barnette Law Offices, LLC will help you understand the consequences of a conviction, even for a minor drug offense and thereafter, zealously represent you throughout the process. You may find more information at our Nashville Criminal Defense Law website.

Finally, contact us for a free consultation as soon as possible after you have been charged or think you might be charged with a Tennessee Drug Crime. You may reach us at 615-585-2245 or at Barnette Law Offices, LLC.

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Nashville Criminal Defense Lawyers

2009-12-16T08:35:00.001-08:00

Barnette Law Offices, LLC – Nashville Theft Crime Lawyers

If you live in Nashville or anywhere in Tennessee and have been charged with committing a theft related crime, you should hire a knowledgeable Nashville Criminal Defense Lawyer to ensure your rights are properly defended. At Barnette Law Offices, LLC we have experience defending clients who have been accused of committing serious crimes, including theft, identity theft, burglary and robbery. If you are facing theft crime charges, please contact our Nashville Criminal Defense Lawyers to discuss your criminal charges who will fight to keep you out of jail and your theft, burglary, or robbery charge off your criminal record.

Call a Nashville Criminal Defense Attorney at Barnette Law Offices, LLC today at 615-585-2245.

Being arrested for a theft or other crime can be devastating to you as you face a lengthy jail or prison term. It is very important that you hire a Nashville or Tennessee Theft Crime Defense Lawyer who has experience defending clients who have been in similar situations. At Barnette Law Offices, our Nashville Criminal Defense Lawyers have been able to get clients’ cases dismissed, keep many clients out of jail, have their sentences reduced, or obtained alternative sentences.

In the State of Tennessee, all types of theft crimes are considered very serious by law enforcement officers and the judicial system. If you are found guilty of committing a theft crime, you will be punished with serious legal consequences, possibly at both the State and Federal levels. If you have been charged with a theft crime, such as petty or misdemeanor theft, grand theft, burglary, aggravated burglary, identity theft, or robbery you may be facing a jail term and expensive fines.

The value of the stolen goods or stolen money is a determining factor in the theft charge and penalty a defendant will face. If a person is convicted of a misdemeanor theft, in which the stolen items total up to $500, the penalty will most likely be much less severe than that of a person who is convicted of felony theft, where the stolen items amount to more than $500.

If you have been arrested for, or charged with, any type of theft crime you should contact a skilled Nashville Criminal Defense Lawyer with experience in theft crime defense such as those at Barnette Law Offices, LLC to discuss your case. We have the legal skills and experience to successfully represent even the most challenging Tennessee theft crime, burglary, and robbery cases.

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Tennessee Unemployment Appeal Lawyers

2009-12-15T13:59:00.001-08:00

Have you applied for unemployment benefits and been wrongfully denied by the Tennessee Department of Workforce and Labor? Our Tennessee Unemployment Appeal Lawyers at Barnette Law Offices, LLC handle appeals for persons in your situation frequently and successfully. Our clients are typically eligible for benefits after our appeal and in addition, get their back pay in lump sum.

The Unemployment Benefit Appeal process in Tennessee can be confusing and intimidating. Accordingly, contact our Tennessee Unemployment Appeal Lawyers at Barnette Law Offices, LLC or 615-585-2245.

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Nashville DUI Lawyers

2009-12-15T13:49:00.001-08:00

Nashville DUI Lawyers – Barnette Law Offices, LLC

DUI or driving under the influence
Driving under the influence is defined as driving or being in physical control of any automobile or motor vehicle while under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system, or while having a blood alcohol concentration of .08 or more. If you’ve been charged with DUI in Tennessee, it is advisable to retain a skilled Nashville DUI Lawyer such as those at Barnette Law Offices, LLC. We also represent clients throughout Tennessee.

With that said, "Under the influence" is a conclusory phrase and a determination of whether one is or isn't under the influence is very subjective. For this reason, a detailed analysis of all of the evidence to be presented in a DUI case is essential to ensure that every possible defense is uncovered and explored. Again, this is why it is advantageous to retain a skilled Nashville DUI Lawyer from Barnette Law Offices if you’ve been charged with DUI.

Under age driving while impaired
A DWI is committed when a person 16 years or older but under 21 drives under the influence of alcohol or drugs, under the combined influence of alcohol and any other drug, or with a blood alcohol content of .02% or higher. This can have serious consequences on a person’s ability to drive and can leave a criminal record for life if the accused is 18 years of age and is found guilty. Once more, it is imperative to retain professional representation which can be found by hiring the skilled Nashville DUI Lawyers at Barnette Law Offices, LLC or 615-585-3885.

Jason Barnette of Barnette Law Offices, LLC has the DUI Defense experience needed to assist you in your case.

Due to the serious nature of DUI related charges, it is important that every possible defense is explored and in most cases there is a defense. Again, YOU DO NOT HAVE TO PLEAD GUILTY. Contact Barnette Law Offices, LLC for a free consultation with our Nashville and Tennessee DUI Lawyers.

What to do if you've been charged with a Nashville or Tennessee DUI/DWI?

If you've been arrested and charged with drunk driving or driving under the influence, you're facing criminal charges that have lifetime and serious effects on you. Contact the skilled Nashville DUI Lawyers at Barnette Law Offices, LLC as soon as possible. Our system of criminal justice can be complex and overwhelming and you need someone who can help guide you through the process and who will fight for your rights at every level.

The Nashville, Tennessee DUI Lawyers at Barnette Law Offices, LLC are committed to providing aggressive, effective, and professional legal representation.

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Nashville DUI Lawyers

2009-12-15T13:22:00.001-08:00

The Nashville DUI Lawyers at Barnette Law Offices, LLC represent clients charged with DUI very frequently. However, persons charged with a DUI/DWI may also be charged with an Implied Consent Violation if they refuse to submit to a blood, breath, or urine test to determine the person's blood alcohol content. The officer, not the driver, chooses which of the 3 tests to administer. After submitting to the chemical test of the officer's choice, the driver may then request an independent test of his or her choice, even though the officer need only provide very limited assistance in obtaining the independent test.

A motorist does not have a right to speak with a DUI lawyer in Tennessee, such as the Nashville DUI Lawyers at Barnette Law Offices, LLC before choosing whether or not to submit to a chemical test.

The Tennessee Implied Consent Statute (Tennessee Code Annotated § 55-10-406) deems that any person who drives a motor vehicle in Tennessee has given consent to a chemical test (blood, breath or urine) to determine the drug or alcohol content of the person's blood. Such test may be requested if a law enforcement officer has reasonable grounds to believe that the person is driving under the influence.

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A motorist does have a right to refuse to submit to a chemical test in most cases; however, such refusal normally results in the revocation of the person's driver's license. It is important to note that even if a person wins the DUI case, he or she may still lose the Implied Consent case, resulting in loss of license and, in some instances, mandatory jail time however, the Nashville DUI Lawyers at Barnette Law Offices, LLC can often get first time offenders alternative sentencing and restricted licenses.

Implied Consent Violation Penalties

The penalties for an Implied Consent Violation will vary in each case, depending on the facts and circumstances. If you’ve been charged with DUI and/or Implied Consent, contact the Nashville DUI Lawyers at Barnette Law Offices, LLC or 615-585-2245.

Nashville Criminal Defense Lawyer

2009-12-15T13:08:00.001-08:00

A common question of many people faced with DUI or other related criminal charges is how long such a conviction will remain on the person's criminal record. The answer is, if convicted of Driving Under the Influence (DUI/DWI) or most any other criminal offense, the conviction will remain on your record forever. Only if a charge has been dismissed or a diversion program has been completed may it be expunged or erased from your record.

An expungement simply means that any public record of the charge brought against you can be erased. The law enforcement authorities will always have a private record of the charge, but even that record should show that the case was dismissed.

Jason Barnette and the skilled Nashville Criminal Defense Lawyers at Barnette Law Offices, LLC can assist you in having your record expunged by preparing the appropriate pleadings, obtaining the approval of the District Attorney and the Judge, and filing the pleading with the local court clerk's office. Depending upon the manner in which your case was dismissed, you may be responsible for court costs to have the pleadings filed with the clerk's office.

Once an Order to have the records relating to your charge expunged is filed, it may take as long as 2 to 6 months to complete your expungement, depending on the circumstances of your case. If you are interested in having your criminal record expunged, you should contact the Nashville Criminal Defense Lawyers at Barnette Law Offices, LLC or 615-585-2245 as soon as possible so that they may begin this complicated and lengthy process.

Nashville Criminal Defense Lawyers

2009-12-15T12:50:00.001-08:00

The following information summarizes the typical steps which occur in the Tennessee Criminal Justice System from the time the defendant is arrested through trial in criminal court. These procedures vary from county to county and some of these steps are combined in various ways depending on the particular jurisdiction. Regardless, if you are charged with a crime in Tennessee, contact one of our Nashville Criminal Defense Attorney’s at Barnette Law Offices, LLC or 615-585-2245

Your Rights In Any Criminal Case

Regardless of which county the case is in, any defendant has certain rights. You have the right to have a lawyer represent you. This is the time to contact one of our Nashville Criminal Defense Attorney’s at Barnette Law Offices, LLC . You have the right, in most cases, to have a preliminary hearing to determine the issue of probable cause as further described in step 3 below. You have the right to have a grand jury consider your case as described in step 4, and ultimately you have the right to a jury trial as described in step 6.

If you do proceed to trial, you will need an experienced Tennessee and Nashville Criminal Defense Lawyer to represent you. We at Barnette Law Offices, LLC have such experience as Nashville Criminal Defense Lawyers although we practice throughout the state of Tennessee.

You further have the right to remain silent, to be presumed not guilty, to plead not guilty and to persist in that plea.

You have the right to require the State to prove your guilt beyond all reasonable doubt. You also have the right to confront each and every witness against you in court. This means your lawyer, whether our Nashville Criminal Defense Lawyers at Barnette Law Offices, LLC , or another law firm has the right to cross-examine each witness. You have the right to subpoena witnesses to come to court and testify on your behalf. Should you be convicted, you have the right to appeal the conviction to the Tennessee Court of Criminal Appeals, and if you are unable to afford an attorney, you also have the right to have an appointed lawyer represent you at that stage of the proceedings.

The steps from arrest to trial are:

STEP 1 -- ARREST.

To be lawful, a police officer must have probable cause to believe that a crime is being, or has been, committed. If the arrest is for a misdemeanor offense, the crime must normally have been committed in the officer's presence.

STEP 2 -- ARRAIGNMENT.

In some Tennessee counties, an Arraignment occurs before the first hearing date. This procedure is also called an Initial Appearance. The proceeding is performed to ensure that a bond has been set, that the defendant is aware of the charges which have been made, and that a court date is scheduled. A formal plea of "guilty" or "not guilty" cannot be requested at this stage. It is important that a defendant hire a qualified Nashville or Tennessee Criminal Defense Attorney prior to his or her arraignment date.

STEP 3 -- GENERAL SESSIONS COURT.

This court has jurisdiction to address both civil and criminal cases. In some counties, there is a court which handles only DUI cases. Criminal cases are resolved in this court by either a preliminary hearing, trial without a jury, or plea agreement. However, sessions courts do not have jurisdiction to conduct trials or accept plea agreements in felony cases. A preliminary hearing requires the state to demonstrate that there is probable cause to believe the defendant committed the offense for which he or she is charged. Probable cause generally means "probably guilty" or "more likely than not."

STEP 4 -- GRAND JURY.

Comprised of 13 people who meet in secret to again determine if probable cause exists. They meet with the prosecutor's witnesses only, not with the defendant or his or her lawyer.

STEP 5 -- INDICTMENT.

The formal charge against the defendant, the Indictment, is signed by the Grand Jury and must allege each element of the crime.

STEP 6 -- CRIMINAL COURT.

The highest trial court in Tennessee. In Criminal Court, a defendant is presumed innocent and has the right to require the State prove guilt beyond a reasonable doubt before a jury of 12 people from the community. All defendants also have the right to confront their accuser, to compel the appearance of witnesses, and to remain silent if they choose not to testify. Defendants have the right to an attorney and it is highly advantageous to get the best money can buy such as the skilled Nashville Criminal Defense Lawyers at Barnette Law Offices, LLC.

Prior to trial, defense counsel will have the opportunity to file motions - written documents requesting that the Court take certain action such as exclude evidence or require the State to disclose information. Should a person be convicted at trial, he or she has the right to appeal the conviction, the sentence, or both. If the defendant cannot afford to pay counsel for the appeal, one may be appointed to represent you.

Tennessee Divorce Lawyers

2009-11-29T11:36:00.001-08:00

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.

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.

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Nashville DUI Defense Lawyers

2009-11-29T11:16:00.001-08:00

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Tennessee Criminal Defense Lawyers

2009-11-29T10:59:00.001-08:00

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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Nashville Divorce Attorney’s

2009-11-27T11:13:00.001-08:00

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.

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Nashville DUI Lawyers

2009-11-26T08:08:00.001-08:00

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.

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.

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Nashville Criminal Defense Lawyers

2009-11-26T07:14:00.001-08:00

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.

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.

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

2009-11-24T01:33:00.001-08:00

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.

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Barnette Law Offices, LLC – Nashville DUI Lawyers

2009-11-24T01:15:00.001-08:00

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.

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Barnette Law Offices, LLC – Tennessee Auto Accident Lawyers

2009-11-24T00:49:00.001-08:00

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?

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.

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Barnette Law Offices, LLC – Tennessee Personal Injury Lawyers

2009-11-24T00:36:00.001-08:00

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.

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Barnette Law Offices – Tennessee DUI Defense

2009-11-22T21:23:00.001-08:00

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.

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

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Tennessee Divorce Attorney’s

2009-11-15T23:40:00.001-08:00

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.

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Nashville Domestic Violence Lawyer’s

2009-11-15T23:11:00.001-08:00

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

2009-11-15T22:59:00.001-08:00

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

2009-11-15T22:53:00.001-08:00

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

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

615-585-2245 or www.barnettelawoffices.com

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Tennessee DUI Attorney’s

2009-11-15T11:19:00.001-08:00

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.

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

2009-11-15T10:54:00.001-08:00

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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Jason Barnette - Nashville DUI Lawyer

2009-11-13T10:11:00.001-08:00

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

2009-11-13T09:54:00.001-08:00

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.

Jason Barnette – Nashville DUI Attorney

2009-11-12T19:27:00.001-08:00

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?

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.
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.
The officer should be courteous to you, handle the arrest in a professional manner and transport you to a Tennessee jail for booking.
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.
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.
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.

Jas

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Jason Barnette – Tennessee Family Lawyer

2009-11-12T19:08:00.001-08:00

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 615-585-2245 or contact us online. We accept major credit cards and are available for evening, weekend and out-of-the-office consultations by appointment.

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Jason Barnette – Tennessee Personal Injury Attorney

2009-11-12T18:59:00.001-08:00

Barnette Law Offices - Tennessee Personal Injury Lawyers

Barnette Law Offices, LLC's powerful trial techniques address the minutiae of unexpected expenses that are directly attributable to or stem from your injury:

Medical care, including emergency care
Lost wages
Future lost wages
Prescription drugs
In-home care while injured
Pain and suffering
Loss of enjoyment of life

The severity of your accident could mean that some of these expenses extend well beyond what you might initially hope or estimate—but that doesn’t mean they do not have to be paid by someone. Jason Barnette and his firm at Barnette Law Offices will assist you to recover the amounts to which you may be entitled.

Barnette Law Offices - Workers Compensation in Tennessee

Almost all employees in Tennessee are covered by workers compensation benefits.

Tennessee workers comp is a state-mandated coverage that makes sure you receive the care you need if you are injured at work. The State of Tennessee has a filing process by which you maintain eligibility for benefits, but, sometimes, if you are injured, you may not have the personal bandwidth to navigate the bureaucracy of workers comp—or, in some scenarios, your employer unlawfully denies you benefits.

Barnette Law Offices, LLC assists injured workers file and prove claims with the State of Tennessee or against employers who deny benefits.

Workers compensation in Tennessee is subject to specific timelines, so, if you have been injured on the job, contact our workers comp attorneys today.

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Barnette Law Offices, LLC – Tennessee Consumer Protection Attorneys

2009-11-12T18:49:00.001-08:00

More and more, Tennessee consumers are finding themselves in General Sessions Courts across the state pitted against debt collectors and debt purchasers they’ve never heard of. Most consumers have no idea as to their rights under the Tennessee Consumer Protection Act, the Fair Debt Collection Practices Act, or the Fair Credit Reporting Act. Unfortinately, most consumers never appear for court and simply get a default judgment rendered against them.

It doesn’t have to be this way. At Barnette Law Offices, we represent consumers against these bottom feeders. We invoke our clients rights against debt collectors and debt purchasers by virtue of various counter-claims. Insofar as we are one of a handful of consumer protection firms in all of Tennessee, we offer our services throughout the state. By contacting our consumer law attorney Jason Barnette, you stand an excellent chance of getting any alleged debt wiped out, the lawsuit dismissed, and often times, some money in your pocket from counter-suing the debt collector.

If you’ve been served with a Warrant in Debt and Summons to appear in General Sessions Court, contact us at Barnette Law Offices, LLC for professional representation.

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Barnette Law Offices – Tennessee Employment Lawyers

2009-11-12T18:40:00.001-08:00

Tennessee is a unique jurisdiction in terms of procedure for employment discrimination claims. In Tennessee, one can opt to make a Complaint with the Tennessee Human Rights Commission, the EEOC, or hire private counsel and take the matter straight to Circuit Court.

At Barnette Law Offices, we encourage our clientele to go straight to a judicial body such as their county Circuit Court. The reason for this is because if no “probable cause” is found by the Human Rights Commission is found, the complainant is barred from suing their former employer. Please be advised that the wheels of government move slowly and probable cause is rarely found by the Commission.

If you are a member of a protected class as set forth by the Tennessee Human Rights Act; i.e., a minority, female, disabled, over 40, etc., and feel that you’ve been discriminated against by your employer or wrongfully terminated by a former employer, contact Jason Barnette at Barnette Law Offices, LLC.

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Tennessee Child Custody Lawyers

2009-11-08T23:09:00.001-08:00

What is a "permanent parenting plan," and what does it mean to me?
A "permanent parenting plan" is a detailed, written outline providing for parenting in the best interests of the children. Parenting plans contain an allocation of parenting responsibilities, the establishment of a residential schedule, and an allocation of child support. A "residential schedule" outlines when the children are in each parent's physical care and designates the primary residential parent. The residential schedule also states the details concerning in which parent's home the children shall reside on given days of the year, including provisions for holidays, birthdays of family members, vacations, and other special occasions. If you have children and want a divorce, you will be required to attend a four-hour parenting class and enter a parenting plan with the court to qualify for a divorce. If you and your spouse cannot agree on a parenting plan, you must first go to mediation and try to agree on a parenting plan before the court will try your case. Contact Barnette Law Offices, LLC if you wish to set up a mediation.

What does it mean to be the primary residential parent? Is it the same as the old custodial parent?
Technically, "primary residential parent" means the parent with whom the child resides more than fifty percent (50%) of the time. In most cases, however, the primary residential parent will have the child in that parent's care much of the time, except for every other weekend, holidays, and special events. Most parenting plans will read: "Each parent will make decisions regarding the day-to-day care and control of each child while the child is residing with that parent." Because most parenting decisions fall under the "day-to-day" designation, the determination of primary residential parent is most important. The "custodial parent" and "primary residential parent" designations are not exactly the same. Under prior law, "custodial parent" generally meant the parent who exercised final decision-making authority and the parent with whom the child primarily resided. Under the new parenting plan law, these concepts are split. Final decision-making authority is discussed separately from residential time and can be fragmented between the parents by category, such as education or religious training.

In deciding which parent will be the primary residential parent, what factors will the court take into account?
Every permanent parenting plan must include a residential schedule. The court will make sure there are residential provisions for each child, consistent with the child's developmental level and the family's social and economic circumstances, which encourage each parent to maintain a loving, stable, and nurturing relationship with the child. In making these determinations, the court will consider the following factors:

(1) The parent's ability to instruct, inspire, and encourage the child to prepare for a life of service and to compete successfully in the society which the child faces as an adult;

(2) The relative strength, nature, and stability of the child's relationship with each parent, including whether a parent has taken a greater responsibility for performing parenting responsibilities relating to the daily needs of the child;

(3) The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the bests interests of the child;

(4) Willful refusal to attend a court-ordered parent education seminar may be considered by the court as evidence of that parent's lack of good faith in the proceedings;

(5) The disposition of each parent to provide the child with food, clothing, medical care, education, and other necessary care;

(6) The degree to which a parent has been the primary caregiver, defined as the parent which has taken greater responsibility for performing parental responsibilities;

(7) The love, affection, and emotional ties existing between each parent and the child;

(8) The emotional needs and developmental level of the child;

(9) The character and physical and emotional fitness of each parent as it relates to his or her ability to parent or as it relates to the welfare of the child;

(10) The child's interaction and interrelationships with siblings and with significant adults, as well as the child's involvement with his or her physical surroundings, school, or other significant activities;

(11) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment;

(12) Evidence of physical or emotional abuse to the child, to the other parent, or to any other person;

(13) The character and behavior of any other person who resides in or frequents the home of a parent and such person's interaction with the child;

(14) The reasonable preference of the child if it is twelve (12) years of age or older. The court may hear the preference of a younger child upon request. The preference of older children should normally be given greater weight than the preference of younger children;

(15) Each parent's employment schedule, and the court may make accommodations consistent with those schedules; and

(16) Any other factors deemed relevant by the court.

No one factor controls, and each factor must be weighed and considered in relation to the others. Note that any of the above factors may be overshadowed if any of the following allegations are proven: abandonment, substantial refusal to perform parenting responsibilities, physical or sexual abuse of a child or parent, emotional or physical impairment interfering with parenting responsibilities, drug, alcohol, or other substance abuse, abusive use of conflict which endangers the child's psychological development, withholding access to the child from the other parent without good cause, a parent's criminal conviction, or any other factors adverse to a child. Obviously, these important considerations can weigh most heavily in the event they exist and can be proven.

Does a permanent parenting plan determine who has the final say-so? Is it always the primary residential parent?
A permanent parenting plan must allocate decision-making authority to one or both parents regarding the child's:

(1) education,

(2) health care,

(3) extracurricular activities, and

(4) religious upbringing.

This means that the final say-so could depend on the topic. A permanent parenting plan must also state that each parent may make the day-to-day decisions regarding the care of the child while the child is residing with that parent. Regardless of the allocation of decision making in the parenting plan, the parties may agree that either parent may make emergency decisions affecting the health or safety of the child.

Is the mother more likely to be granted primary residential parent status and be awarded final decision-making authority?
The new parenting plan law states: "It is the legislative intent that the gender of the party seeking to be the primary residential parent shall not give rise to a presumption of parental fitness or cause presumption in favor of or against such party." This statement did not change the law. Therefore, all things being equal, in reality a mother is still more likely than not to be granted primary residential parent status and be awarded final decision-making authority, but not always for the reasons one might expect. Depending on the court, one reason may be that, in most situations, the mother may have more time to devote to the child than a father employed in a demanding profession. Another reason may be that the mother may have more experience in child rearing and may have an established track record in raising the parties' child. Keep in mind, however, that there are many exceptions for many reasons. In certain situations, as was for one couple from Germantown, Tennessee, the father had fulfilled the traditional primary care-giving role prior to the divorce and received full custody after a trial. Today, under the new law, he would most likely be granted primary residential parent status and be awarded final decision-making authority for the same reasons. In most cases, it is the care-giving role performed prior to the divorce, and/or during the divorce, not the party's gender, that creates this advantage or disadvantage.

What about with older kids - say, teenagers?
For a father, as a child's age increases, so does his opportunity to be designated primary residential parent, especially with teenage boys, due to a perceived greater need for "male nurturing" and lesser need for traditional "care giving." The amount of time the parent has available and has actually spent in the past with any child are very important factors.

Must a mother be declared unfit before a father will be granted primary residential parent and be awarded final decision-making authority?
No. Discrimination based on gender is prohibited by the Tennessee and U. S. Constitutions.

Does the child have any say in the choice of custodial parent?
If the child is over twelve (12) years old, the court will hear and consider the child's wishes. If the child is under twelve (12) years old, the court can choose to hear and consider the child's wishes. The older the child, the stronger his or her wishes will be considered. Beware that courts do not look favorably upon a child being coerced or coached. Courts realize that involving a child in such a difficult situation, such as choosing between parents, could cause long-lasting feelings of guilt, which might seriously harm the child.

How important is the status quo in a court's decision concerning primary residential parent?
Very, especially where a child seems to be well adjusted. Courts are less likely to disrupt an acceptable situation in favor of the unknown. All things being equal, maintaining stability can be a judge's most important concern.

Are siblings always kept together?
Courts want to keep siblings together. In order to split siblings, there must be a compelling, reasonable, and practical reason. Even if the divorcing parents agree to split siblings, the court may reject the proposed arrangement.

What impact does a parent's new spouse, live-in companion, or other person sharing the home have on a designation of primary residential parent?
Before a divorce is granted, most courts severely frown upon children being exposed to such persons, under any circumstances. In a post-divorce situation, the court must find a material change of circumstances to change primary residential parent. A remarriage is not necessarily a change of circumstances, but it can be if the child is affected. In those situations where another person will come in contact with or influence the child by reason of a remarriage or similar changes in the child's or parent's living situation, and there is a basis for concern about the stability of the child's environment, the mental condition and character of that other person can become relevant in a determination of primary residential parent designation or modification proceeding.

Will spousal abuse affect the designation of primary residential parent?
Allegations of abuse are relevant and important, but technically not controlling. Where abuse is shown to have affected the children, the court will consider this along with the other factors discussed above. Courts look at abuse allegations closely for obvious reasons. If a court believes a spouse has made a false accusation of abuse to gain advantage in litigation, the consequences will be serious.

What are the rights of the primary residential parent?
The primary residential parent has final decision-making authority over decisions regarding the day-to-day care and control of each child while the child is residing with that parent, which will be most days. The parenting plan will further allocate final decision-making authority between the parents on topics such as education, health care, extracurricular activities, and religious upbringing. This authority may also be shared. In any event, a parent's authority is never absolute. An aggrieved parent disagreeing with the parent with the authority can initiate mediation to "discuss" the other parent's decision on the grounds that the challenged action to be taken is not in the best interest of the child. This request for mediation, under the parenting plan, could be the first step to challenging the decision in court. Judges, though, will rarely overrule a parent's decision unless it will endanger the child.

What are the rights of the other parent?
The following are the rights of a parent during those times when the child is not in the care of that parent. That parent has the right:

To unimpeded telephone conversations with the child at least twice each week at reasonable times and for a reasonable duration;

To send mail to the child which the other parent shall not open and will not censor;

To receive notice and relevant information as soon as practical (but within 24 hours) in the event of hospitalization, major illness, or death of the child;

To receive directly from the school, upon written request, which includes a current mailing address, and upon payment of reasonable costs of duplicating, copies of the child's report cards, attendance records, names of teachers, class schedules, standardized test scores, and any other records customarily made available to parents;

Unless otherwise provided by law, to receive copies of the child's medical, health, or other treatment records directly from the physician or health care provider who provided such treatment or health care upon written request which contains a current mailing address and upon payment of reasonable costs of duplication, provided that no person who receives the mailing address of a parent as a result of this requirement shall provide that address to the other parent or to a third person;

To be free of derogatory remarks made about such parent or such parent's family by the other parent to or in the presence of the child;

To be given at least forty-eight (48) hours notice, whenever possible, of all extracurricular activities, and the opportunity to participate or observe in those activities, including, but not limited to, the following: (i) School activities, (ii) Athletic activities, (iii) Church activities, and (iv) Other activities during which parental participation or observation would be appropriate;

To receive from the other parent, in the event the other parent leaves the state with the minor child for more than two (2) days, an itinerary, including telephone numbers, for use in the event of an emergency; and

Access and participation in the child's education, including the right of access to the minor child for lunch and other activities, on the same basis that is provided to all parents, provided the participation or access is reasonable and does not interfere with day-to-day operations or with the child's educational performance.

The rights above also apply to the primary residential parent when the child is spending time with the other parent.

If the primary residential parent wants to move out of state with the child, will this be permitted?

Yes, if the move is not motivated by vindictiveness and is in the best interest of the child. Timely notice, however, must be given. Consulting a family law attorney well in advance of moving is advised. A parent seeking to prevent the move may petition for a change of designation of primary residential parent.

May the parent remove the child from Tennessee temporarily, such as for a vacation?
Before a minor child is temporarily removed from Tennessee, the parent responsible for the removal must inform the other parent of the address and telephone number where the child may be reached during the period of temporary removal. It is always advisable to be up front in these situations.

Once there is a determination of primary residential parent, under what circumstances may it be modified?
First, there must be a material change of circumstance. Second, the modification must be in the best interest of the child. Tennessee appellate courts have decided what can be considered a change in circumstance. In general, for a court to find a change of circumstance, an important consideration will be whether or not the child is doing poorly in an important aspect of life, such as school performance, and the reasons therefore. Unless there is something objectively wrong with the child, a court may be unwilling to change what appears to be working. Further, under most parenting plans, the parents will be required to mediate these disputes prior to heading to court.

What if the child decides he or she wants to live with the other parent?
The child's preference for a change of primary residential parent will not, by itself, constitute a sufficient cause for modification. Even if a child's feelings are very strong, the child's preference will be just one factor. Obviously if the child is older, the court will give more weight to the child's preference. The court may well question the child's motive or inquire as to whether inducements have been made by the newly desired parent. Also, a court will not look favorably at either parent allowing a child, especially a teenager, to use this leverage to gain an advantage or avoid discipline at the more strict parent's home.

Does the court refuse to modify a parenting plan within a short period of time after its determination of primary residential parent?
Generally yes, unless there is a very, very good reason.

What effect does an allegation of child abuse or neglect have on the determination or modification of the choice of who is to be the primary residential parent?
Serious mistreatment or violence against a child will constitute a change of circumstance sufficient for a parenting plan modification. A court will distinguish abuse from a strict approach to discipline and will require evidence corroborating an allegation. Also, a guardian ad litem, attorney ad litem, or other trained professional will likely be assigned to investigate the charges and report to the court.

Will a primary residential parent's misconduct lead to a modification?
It depends. A moral indiscretion or legal problem alone will not suffice for a change of primary residential parent if the child is otherwise leading a normal and well-adjusted life. The effect on the child will be the central issue. If the child is unaware of the mistake or error in judgment, this will be a mitigating factor. Most judges will require, upon request, that a primary residential parent not live with his or her lover or allow an unmarried romantic friend spend the night in the presence of the child. The remedy, however, may be to first order a restriction of the improper conduct and then to change primary residential parent status only upon repeated violations of a court order. In any event, the court will consider the circumstances and look for objective manifestations of harm. If there are none, the primary residential parent will likely not be changed unless the improper conduct is especially egregious.

Will the relative affluence of the parents affect the decision awarding primary residential parent status?
While wealth may only be one factor, a wealthy parent may be perceived as able to offer a better education and opportunities. As anyone would expect, however, the more devoted parent who sacrifices and makes time for a child will almost always prevail over a wealthy parent who values a career over the child. In these situations, priorities become the central issue.

What is shared parenting, and how does it work?
Under prior law in Tennessee, the term "joint custody" had more than one meaning. In a true joint custody situation, parents shared the final decision-making authority. If one parent had been labeled the "primary custodial parent," that parent had final decision-making authority, and in most situations, the child would have resided with that parent. Visitation was a separate issue from custody. Some of these labeling problems are solved by the parenting plan legislation. For example, if parents are to share final decision-making authority and there is a dispute, the method for resolution of that dispute must be spelled out, and most likely the court will require mandatory mediation prior to asking the court to resolve the dispute. By splitting the designation of parenting or residential time from decision-making authority and by eliminating the terms "custody" and "visitation" from the new vocabulary, the new parenting plan law hopes to seriously reduce "custody wars" and encourage "co-parenting."

If both parents share parenting responsibility, does that mean no one pays child support?
No. In most circumstances, the only way child support will not be ordered is if the child resides with each parent a roughly equal amount of time. The primary residential parent will receive child support from the other parent.

Can I stop my spouse from seeing the children if I don't get my child support payments?
No. Visitation or parenting time will not be prevented unless a court order says so. Failure to pay child support is not grounds for termination of visitation or parenting time rights. To collect child support, there are other collection options, such as filing a petition for contempt seeking to put the non-paying parent in jail.

Can I stop paying child support if my spouse won't let me see the children?
No. Proper enforcement of visitation or parenting time rights begins with filing a petition or referring the matter to mediation. Persistent violation of a court-ordered right to visitation or parenting time can be grounds for a change of primary residential parent.

If I am considering entering into a legal fight over primary residential parent status, what else should I know?
There are only a few things in life more difficult or more expensive than disputes over residential parenting time and final decision-making authority. Be sure that you want these designations for the right reasons. Examples of wrong reasons include the need for child support, unwillingness to pay child support, fear of societal judgment, and anger. You will need to be able to prove the child will live a better life with you. This means evidence. Plan ahead, and discuss this with Barnette Law Offices, LLC. Also, there are many good books and parenting magazines available at any serious bookstore. Read them. There is no substitute for informed decision-making and sound judgment. Do discuss your situation thoroughly an attorney such as Jason Barnette and those you trust most in your life to give you sound advice.

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