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Questions Answered by Leland Hulbert
1 Answer | Asked in Criminal Law for Kentucky on
Q: My friend has seen pretrial but they have yet to give him a bond and he has metal plates all down his spine

He has never had a drug charge and he has to wear a glove on his hands bc the nerves are dead due to his accident last year. He was electrocuted and fell 60 ft. They haven't set a bond yet for him. I can't get any answers his wife and I want to hire someone to get him a bond did we can... Read more »

Leland Hulbert
Leland Hulbert answered on May 9, 2022

You can hire an experienced criminal defense attorney at any time to look into this matter and get you some answers about your friend's bond.

1 Answer | Asked in Criminal Law for Kentucky on
Q: My friend is sitting in jail with no criminal record since last night and has. no bond. What can I do?

Possession of meth bc k9 found drugs in vehicle when he was pulled over for registration tags

Leland Hulbert
Leland Hulbert answered on May 9, 2022

Your friend should have a bond set within 48 hours of being arrested. I would check with the jail or jail website to see if he now has a bond.

2 Answers | Asked in Criminal Law and Family Law for Kentucky on
Q: My son a daughter we jumped by a bunch of kids their age and older when I called the police they wouldn't file charges

My kids had Mark's and I took them to the er for further evaluation. Can anything be done about these kids jumping mine. I even had a witness to the whole thing and the refused to speak to her

Leland Hulbert
Leland Hulbert answered on Apr 29, 2022

Fights happen all the time among young children and the police don’t always file charges unless there are weapons used. Your only other option is to go to the county attorneys office with witnesses and proof and try to file charges through the Warrant Intake process. You could also file a civil... Read more »

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2 Answers | Asked in Criminal Law for Kentucky on
Q: If I’m 18 and my girlfriend is 15 and doesn’t want charges filed on her behalf, can she chose to have them dismissed?

I don’t want to disclose details, I’m just wondering if she can chose to not have them filed for her, or if she decides she does not agree can her guardian still file on her behalf if she is capable of making the decision?

Leland Hulbert
Leland Hulbert answered on Apr 13, 2022

If charges have been filed the victim in a case cannot decide by herself to have them dismissed. It’s up to the prosecutor. Input from the victim will always be taken into consideration by the prosecutor and obviously if the case is taken all the way to trial and the victim testifies to help the... Read more »

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2 Answers | Asked in Criminal Law for Kentucky on
Q: What is the probability of getting parole in ky for possession of drug unspecified tampering with Physical evidence

Bail jumping sentenced to 5 years going up for parole April first no behavior issues in jail and no other felony charges

Leland Hulbert
Leland Hulbert answered on Mar 24, 2022

Parole is never guaranteed and it depends on many factors other than just your charges. Your chances of parole are good if you have no prior record, you are not convicted of violent offenses and you have had good behavior and taken advantage of classes in prison.

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: If the officer puts you as the wrong race or ethnicity can the speeding ticket be dismissed?

Thank you for your response, It wouldn’t be considered incorrect information only “minor error”?

Leland Hulbert
Leland Hulbert answered on Mar 23, 2022

No. If the ethnicity is incorrect it would be considered a minor error.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: I was charged with shoplifting from Walmart and they are asking me to do ten days , this is my first time being charged

This is my first shoplifting charge and they broke into my dads house then walked into his house to arrest me

Leland Hulbert
Leland Hulbert answered on Mar 22, 2022

What are you asking. If it’s just shoplifting and it’s a low amount typically they would not ask you to do 10 days. They would also not come to your home and break in to try to arrest you. If there are more circumstances or a higher dollar amount those steps are possible. I would hire an... Read more »

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Associate steals from Walmart ap takes them to the back and fires them but didn’t call the cops? What happens next?
Leland Hulbert
Leland Hulbert answered on Mar 14, 2022

The statute of limitations on misdemeanor theft is one year. The statute of limitation on felony theft is unlimited. With that said, it sounds like Walmart is satisfied with the firing and I would not expect criminal charges to follow unless there was a very high dollar amount of theft.

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2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Petitioner is contacting me would that be her violating the no contact order?
Leland Hulbert
Leland Hulbert answered on Mar 3, 2022

The only person that is under a court restriction in an EPO case is the respondent. You can use these attempts to contact you at a hearing but you should not contact her back under any circumstances. If you hire an attorney they can contact her.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: How likely is it to go to jail for criminal littering? And what would be the punishments?
Leland Hulbert
Leland Hulbert answered on Mar 3, 2022

It is very unlikely you will go to jail for this crime unless you miss a Court date or the Littering was extreme and caused a lot of damages to property.

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2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: No contact epo Petitioner is contacting the respondent.? What do I do..?
Leland Hulbert
Leland Hulbert answered on Mar 3, 2022

If you are the petitioner and you are being contacted by the respondent and you can prove the contact you need to go to the county attorneys office or call the police. If there is an active EPO and a person is contacting you that is a new misdemeanor charge of violating an EPO.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: I got charged with criminal littering in Kentucky it’s a class a misdemeanor and it’s my first offense will I go to jail
Leland Hulbert
Leland Hulbert answered on Mar 2, 2022

It is extremely rare that he will go to jail on an offense like this with no record. The only way you could risk jail is if you missed a court date. If you hire an experienced attorney they should be able to help you get through this process fairly quickly.

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2 Answers | Asked in Domestic Violence for Kentucky on
Q: I had a dvo. Its on record but also expired 3 years ago. I was never charged. Is this unconditional dismissal?

I wasn't charged with anything. I haven't had a y other legal issues ever. It was in family court. Prosecutor never pressed charges. But they still put a dvo on record. Can I join the military? Also the one who put it on me said he'd be a reference for me for the army. We're... Read more »

Leland Hulbert
Leland Hulbert answered on Feb 15, 2022

If it was an EPO that never went to a DVO it would be eligible for expungement if it was dismissed. If it became a DVO after a hearing it would not be eligible for expungement unless you go back and petition the court to set aside that finding.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Complicity burglary and robbery has harsher sentence than straight burglary and robbery charges? why?

Can you please tell me why a person with complicity burglary and complicity robbery has a harsher sentence than a person with burglary and robbery charges?

Leland Hulbert
Leland Hulbert answered on Feb 14, 2022

They are the same charges and same penalties. If they’re different offers from the prosecutor it likely has to do with the persons criminal record or their involvement in the crime.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: If drugs are found in a concealed eyeglass case in the door of a car u were driving could u be charged with trafficking

If you don't know what the contents are in the case

Leland Hulbert
Leland Hulbert answered on Feb 12, 2022

It depends on the amount of drugs and if there was any other evidence of trafficking. Was there a large sums of money, did they observe people in hand to hand transactions etc.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: You get pulled over In a car that's not your a drugs are found In a eyeglass case In the door can u be charged with poss
Leland Hulbert
Leland Hulbert answered on Feb 12, 2022

They can charge everyone in the car with possession but they will have a difficult time proving it. The driver typically bears the most responsibility for contents in his car. If they can link passages to a specific item or specific containers that could be a problem for the passenger but usually... Read more »

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2 Answers | Asked in Domestic Violence for Kentucky on
Q: My boyfriend was charged with 4th degree assault (domestic violence minor injury) I never once said I wanted

To press charges. I actually told them I didn’t want him to go to jail. Is there anything I can do? He was let out on bond the same night, and he’s never been in trouble his entire life until now. What can I do or what can happen?

Leland Hulbert
Leland Hulbert answered on Feb 11, 2022

You need to hire a lawyer and the boyfriend can work with your lawyer. You will not be able to talk to him or speak with him or contact him because there is likely a no contact order. Domestic violence cases often have victims that don’t want to go forward but The prosecutors will still go... Read more »

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2 Answers | Asked in Criminal Law for Kentucky on
Q: My fiancee was arrested for shoplifting while on probation. Do the have the right to send him to an in house sap program

He was clean whenever they arrested him and they held him for around 3 months before they even sent him there. His grandfather is very I'll right now and he really needs to be with him if at all possible. Please... Any and all advice is welcome

Leland Hulbert
Leland Hulbert answered on Feb 11, 2022

It depends if he was on probation or parole. If he was on probation and violated it’s up to a judge. If he is on parole it’s up to it administrative judge and much more likely that he gets sent back to prison.

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2 Answers | Asked in Cannabis & Marijuana Law and Traffic Tickets for Kentucky on
Q: I was recently pulled over for crossing the line and was found with a small amount of marijuana and drug paraphernalia.

This is my first offense and have never been pulled over prior. I was released after passing a sobriety test. Will my insurance be notified of the traffic violation before I have to show up for my court date and if the charges are dropped will my insurance still be notified? What are the chances my... Read more »

Leland Hulbert
Leland Hulbert answered on Feb 10, 2022

As a first time Offender you should be eligible for a marijuana education class and be allowed to have the drug charges eventually dismissed. As far as insurance there’s no way to know when and if A company will run a random check on you. I would recommend hiring an experienced criminal defense... Read more »

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2 Answers | Asked in Criminal Law and Libel & Slander for Kentucky on
Q: I'm being accused of texting a person off of a texting app and it's not me the cops have been here three times.

I keep telling them to trace the call but all three times they keep saying that if it happens again they are going to arrest me, but it's not me..... what can I do? The person texting them is using my name but it truly isn't me.

Leland Hulbert
Leland Hulbert answered on Feb 9, 2022

This is becoming a common problem with these third party apps. Just make sure you keep or screenshot your call logs. If the police go the extra mile they can subpoena IP logs to see where the initiating calls are coming from but they typically not do that unless it is a serious case.

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