 The
criminal process typically begins with a stop or an
arrest. The process, which we have summarized for you
into 5 simple steps, may end at any point up to the time
of sentencing. Where the process ends will depend on the
facts and circumstances of your specific case. You have
certain rights at every stage of the criminal process
which are summarized for you:
1. The Stop
You may be stopped for questioning by the police (this
is not an arrest). A stop occurs when a police officer
detains you to ask you questions, but does not move you
to a different location. A police officer should not
stop you unless he has a reasonable belief that you have
violated the law.
Even though you are not under arrest at this point, you do not have to answer
any questions that the police officer asks you. The police may also ask to
search you or your vehicle. The police officer cannot search your car without
your consent unless he has "probable cause". "Probable cause" is a legal
determination that you won't be able to challenge until later. Because of this,
you may want to tell the police officer that you do not consent to a search of
your vehicle.
The police officer may perform a search anyway, but if it is later determined
that there was not probable cause, at least you won't have consented to the
search. The police officer could decide at this point that there is no reason to
arrest you and your involvement in the criminal process could end here.
2. The Arrest
Each jurisdiction has different rules regarding when an
individual can be placed under arrest. In general, an
officer can arrest you if he has probable cause to
believe that you committed a felony, or if he sees you
commit a misdemeanor, or if there is a warrant for your
arrest. When you are arrested you will be taken into
police custody.
When you are placed under arrest, the police must inform you of your
constitutional rights. This includes your right to remain silent and your right
to obtain the advice of an attorney. When you are arrested you should be given
an opportunity to contact a lawyer or anyone else you want to let know what has
happened to you. You are not limited to a single call. Once you are arrested
there is a limited amount of time before you must either be charged with a crime
or released. If you have been held for an unreasonable amount of time without
being charged, your attorney can ask a judge to order your release.
 3.
The Booking
After you are arrested and charged with a crime you will
be booked; you will be finger printed; your name and the
crime that you have been charged with will be entered
into the official police record; your personal
belongings will be taken from you for safe keeping while
you are in custody; they will be inventoried and you
will be asked to sign the inventory. Depending on the
charge and the circumstances of your case, you may be
released and ordered to appear for your hearing in
court. You may be released on your own recognizance or
you may have to put up a certain amount of bail to
secure your release.
In other instances, you may remain in police custody until there is a court
hearing on your release. If this happens, you will be asked to enter a plea. You
can enter a plea of "not guilty", "no contest", or "guilty". If you enter a not
guilty plea the judge will decide on the terms of your release or if you will be
released pending your trial.
4. The Sentencing
If you enter a plea of no contest or of guilty, there
will not be a trial. In this situation, you will either
be sentenced immediately or sentenced at a later time.
If you are to be sentenced at some point in the future,
the judge will determine whether you should be held in
custody until sentencing or whether you should be
released and ordered to appear for sentencing.
5. The Trial
If you entered a not guilty plea you will have a trial.
At the end of your trial, if you are found not guilty,
you will be free to go, and, for you, the criminal
process will end at that point. If you are found guilty,
you will go through the sentencing process as described
above.
Whether or not you choose the Law Offices of OGLE,
ELROD, & BARIL, PLLC to represent your case, having a
lawyer with experience in criminal defense can make a
tremendous difference to the outcome, while helping you
through every stage of the criminal process.
 DRUGS:
Drugs are related to crime through the effects they
have on the user's behavior and by generating violence
and other illegal activity. Most directly, it is a crime
to possess drugs classified as having a potential for
abuse (such as cocaine, heroin, marijuana, and
amphetamines).
Someone facing a Federal drug charge
can get leniency by identifying other players. Someone
arrested by local law enforcement could end up in the
Federal system because of decisions made in private
between State and Federal prosecutors' and there is
generally no appeal if a case is handed over to the
Federal authorities.
Drug possession including possession
of marijuana, possession of cocaine, possession of
illegal prescription drug, and possession of drugs or
narcotics Possession of drugs with intent to
distribute also known as drug trafficking, drug
dealing, possession with intent to resell, or the resale
of drugs or narcotics, including crack-cocaine,
marijuana, crystal meth, heroin, or other illegal drugs
Conspiracy to distribute drugs also referred to
as conspiracy to possess drugs with the intent to
resell, including ecstasy, GHB, cocaine,
methamphetamines, and marijuana Forging
prescriptions including forging prescriptions
for narcotics and other drugs for use or resale
Manufacturing drugs including meth labs and
drug making facilities
It takes a firm with the confidence and know-how to deal with Federal and State
authorities when it comes to defending individuals against drug criminal
charges. If you have been accused or charged with such a crime, please do not
hesitate to contact us immediately. Early intervention in criminal matters,
specifically drug offenses, has helped us achieve some outstanding results, and
will be pivotal to the outcome of your case.
 VIOLENT
CRIMES:
The definition of violent crime suggests that violence
is a behavior by persons, against persons or property
that intentionally threatens, attempts, or actually
inflicts physical harm. The seriousness of the injuries
to the victim(s), whether or not guns or other weapons
were used and/or whether or not the alleged perpetrator
has a criminal record will alter the crime's
seriousness.
Often times, violent crimes against individuals and their property are typically
infused with hatred, or at the very least an incredible disregard for the worth
and rights of another human being which may also alter the crimes severity in
the eyes of a judge or jury.
Violent crimes can result in very serious convictions and punishment, and
require an aggressive defense by an experienced trial lawyer. Of all violent
crimes, homicides are the most serious crime that results in the death of
another human being. Homicide can be charged as an intentional killing such as
murder or manslaughter or as a negligent killing such as involuntary
manslaughter.
Murder and manslaughter are the most serious homicides which can result in
lengthy prison terms or a death sentence. Involuntary manslaughter, a crime
where there is no intention to kill or do grievous bodily harm, also can result
in a long prison sentence.
Indecent Exposure and Public Indecency Can Be
a Felony
In the state of Tennessee, indecent exposure laws and
public indecency laws make acts of public indecency or
indecent exposure a felony if these acts are committed
within 1000 feet of a school or playground.
Can We Conceal the
Charges?
We will work discretely. Although the matter is public
record, we will do everything in our power to avoid
unnecessary attention to your charges. Our goal is to
resolve the matter quickly and without publicity. Also,
for first offenses, we will work to have your record
expunged, so you will not have indecent exposure or
public indecency charges on your permanent record.
 Drunk
Driving
It is illegal to drive in Tennessee with a blood alcohol
level of .08 or greater or while ones driving is
impaired by alcohol or illegal or prescription drugs.In
Tennessee, there is an implied consent (you agree to it
when you sign for your drivers license) to submit to a
breathalyzer or blood test when a police officer has
probable cause to believe that your driving is impaired
due to drugs or alcohol. That means that if a police
officer has lawful grounds to stop you and probable
cause to believe you are impaired or over the legal
limit (usually an odor of alcohol will be all that it
takes)he can ask you to submit to a blood-alcohol test.
Refusing a breath or blood test can result in the loss
of your license even if you are later found not guilty
of DUI or DWI.If your test result is over the legal
limit (currently .08 for alcohol) you will be charged
with DUI per se (that means if the prosecution can show
the test was accurate and the stop was lawful, you can
be convicted of drunk driving simply for having an
illegal blood alcohol amount while driving regardless of
how well you may have been driving).
 If
your breath or blood test is under the legal limit, or
you refuse the test you can still be charged with
driving while impaired (DWI ) / Driving under the
influence (DUI) if the state can show your ability to
operate the vehicle was impaired because of alcohol or
drugs. There is no per se limit for drugs and the state
must show that the drugs impaired your ability to drive.
The evidence the state will typically attempt to rely
upon to show impairment (especially when they do not
have a breath or blood test because the person refused)
is the manner of driving, the results of field sobriety
tests, and the person's general demeanor and appearance.
Field sobriety tests, which are typically walking a
strait line, standing on one foot, and similar tests are
not required to be performed and a person does not risk
loosing their license for refusing these tests .Typical
defenses provided by the law office of Brent Horst
include claims that the stop by the officer was not
lawful, the field sobriety tests and or the breath test
were not accurate because they were administered
incorrectly or are inherently unreliable, the breath or
blood test did not accurately measure the amount of
alcohol at the time the person was actually driving, and
the manner of driving and the persons demeanor did not
demonstrate impairment.
PROSTITUTION POLICE STING
Unfortunately, getting caught in a police sting is not
necessarily entrapment. In addition, engaging in any
negotiations, including price, can be considered an act
of solicitation.
Can I Avoid a Public Trial and Criminal
Record?
We are as discrete as possible in the way handle your
case. In many instances, especially if this is your
first offense, we may be able to have your crime
expunged and clear your criminal record.
SEX CRIMES
Computer and Internet sex crime including
soliciting a minor for a sex, possession or distribution
of computer pornography, and exploitation of a minor
Child pornography
including possession, distribution, and manufacturing
child pornography
Child molestation ”including child rape, child sexual battery (including
improperly touching a child), and sex with a child
Sexual assault including
rape and domestic assault Sexual battery including
improper touching
Prostitution and solicitation including negotiating solicitation or getting
caught in a prostitution sting
Failure to register as a
sex offender
Peeping tom Also known as observation without
consent, including photos, movies, and peep holes in
bathrooms, dressing rooms, health clubs, and other
places where observations of nudity are made without the
knowledge or consent of the person being observed
Criminal offense that is punishable in a State Prison
for more than 11 months 29 days.
Criminal offense that is punishable in a County Jail
for less than and/or up to 11 months 29 days.
 Driving
under the influence, referred to as, "drunk driving,"
describes operating a motor vehicle while one's blood
alcohol content is above the legal limit set by
Tennessee statute, which supposedly is the level at
which a person cannot drive safely. State statutes vary
as to what that level is, but it ranges from .08 for
adults, which means a 8/100ths of one percent by weight
of alcohol to the weight of blood. This is translated
into grams of alcohol per 100 milliliters of blood in
tests of blood or urine sample, or grams of alcohol per
210 liters of air in a "breathalyzer" test. A
combination of the use of alcohol and narcotics can also
be "under the influence" based on erratic driving.
Driving on private property such as a parking lot is no
drunk driving defense, but sitting in a non-moving
vehicle without the ignition on probably is (sometimes
resulting in a charge of "drunk in and about a
vehicle"). This is a misdemeanor and is variously
referred to as DUI, driving while intoxicated (DWI),
drunk driving, or a "deuce".
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