Ogle, Elrod & Baril PLLC. Home Knoxville Auto Accident Lawyer

The Knoxville, TN lawyers at Ogle, Elrod & Baril, PLLC concentrate on legal cases related to personal injury, family law, and criminal defense in State and Federal courts.


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Criminal Defense:

Tennessee Criminal Defense Lawyer, Slip and Fall Attorney and Knoxville TN Auto Accident Lawyer

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 determined later 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 or 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.

Drug Crimes:

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.

DUI / 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

Felony :

Criminal offense that is punishable in a State Prison for more than 11 months 29 days.

Misdemeanor :

Criminal offense that is punishable in a County Jail for less than and/or up to 11 months 29 days.

DUI / DWI:

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".