Sunday, January 17, 2010

Nashville DUI Lawyers

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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.

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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.

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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.

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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.

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      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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Sunday, January 10, 2010

Caring Nashville Divorce Attorney’s

Barnette Law Offices, LLC – Nashville Divorce Lawyers

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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.

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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

Barnette Law Offices, LLC – Tennessee Domestic Violence Defense

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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.

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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.

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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.

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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

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

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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

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

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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.

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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.

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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

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

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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

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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

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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

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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.

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Nashville & Tennessee Personal Injury Lawyers

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

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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.

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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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