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Questions Answered by Leland Hulbert
2 Answers | Asked in Criminal Law for Kentucky on
Q: If I miss my show cause court date can I still go pay the fine?
Leland Hulbert
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Leland Hulbert
answered on Feb 2, 2023

You should be able to. Call the clerks office in that county and they will tell you.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: I had a possession of controlled substance charge in Logan County Kentucky. I accepted a plea deal

My plea deal was 3 years probation and no treatment. My public defender told me if I went to trial I would be convicted. After doing some research of my own I have found evidence that I shouldn't even have been charged with possession. Me and one other person were charged with possession but... Read more »

Leland Hulbert
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Leland Hulbert
answered on Jan 29, 2023

You cannot withdraw your plea unless it’s very close in time to the plea itself and before you are sentenced. The only option you would likely have after pleading guilty is what’s called an 11.42 motion. That’s ineffective assistance of counsel. You would have to prove that your counsel made... Read more »

2 Answers | Asked in Civil Rights and Criminal Law for Kentucky on
Q: If someone is residing in a motel room, staff calls police due to marijuana odor. Police arrive and staff open door.

The police knocked but the elderly resident (65 yr old woman with 0 priors) is in bathroom and takes longer than they like to answer. Hotel staff key door and allow cops in. First question is this legal? They then found (allegedly in plain view) drugs.

Question 2: resident was visiting for... Read more »

Leland Hulbert
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Leland Hulbert
answered on Jan 27, 2023

A person does not have a normal expectation of privacy in a hotel room like they would in their own home so the entry in scenario one sounds legitimate. I would contact the police about the missing property. They have more power and resources to investigate and if they end up charging an employee... Read more »

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2 Answers | Asked in Criminal Law and Lemon Law for Kentucky on
Q: I have a case that i wss convicted for in 2009 but i had no one ask me one questions about what happen or anything ?

I was convicted for it but i dont understand why? No one ask me anything

Leland Hulbert
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Leland Hulbert
answered on Jan 20, 2023

You can’t be convicted without a trial, or without pleading guilty for a criminal case.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: How likely is shock probation
Leland Hulbert
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Leland Hulbert
answered on Jan 19, 2023

It depends on a lot of factors. The persons charges, the victims, the prosecutor, the judge and the defendants criminal record.

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2 Answers | Asked in Consumer Law and Small Claims for Kentucky on
Q: I purchased a used 1999 Ford truck from private party in Kentucky. Although they said it would “make it “ the 3 1/2 hour

Fraudulent listing on marketplace fraudulent mileage. Nothing works, states 1 owner. I’m the 10 th!! Mileage is less than in 2016. Frame is full of holes and rust. I’ve driven it 6 miles. I’m 64 and on a fixed income and boy am I stupid!! I’m out 2k for the truck $700 for uhaul , hotel... Read more »

Leland Hulbert
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Leland Hulbert
answered on Jan 19, 2023

You should be able to sue him in small claims court in the county where the transaction took place. Save all your records and communications with him. You can hire a lawyer, but that may end up costing you more than the car is worth. They have small claims packets at the courthouse so you can file... Read more »

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2 Answers | Asked in Criminal Law and Constitutional Law for Kentucky on
Q: Can you help my son?He's in Harlan County Detention center with no bond charged with running from drug court.
Leland Hulbert
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Leland Hulbert
answered on Jan 18, 2023

Your best bet is to do your research and find an experienced. Criminal defense attorney that can help your son. I would look for a local attorney or an attorney in the nearest big city.

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: No Insurance, Expired Tags, and License to be in Possession.

I was pulled over, due to having expired tags. My fiancé was the driver (while I was in the passenger seat) and my fiancè did not have their license on them. After the State Trooper asked for my proof of insurance, I was unable to provide that as I am not ensured (I did not notify the State... Read more »

Leland Hulbert
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Leland Hulbert
answered on Jan 16, 2023

I would hire an experienced attorney and your chances of getting a better outcome on the case will be improved. There are many factors including previous driving record etc. I don't think jail is likely but there can be license suspension and fines. Jail typically only comes into play if... Read more »

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: I got a ticket for speeding 20 mph over. I missed my court date, what should I do?
Leland Hulbert
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Leland Hulbert
answered on Jan 16, 2023

Call an attorney and have them get your case back on the docket. Depending on the county and your driving record you may be eligible for a local driver license program online or state traffic school. If you don't address missing court your license can be suspended.

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2 Answers | Asked in Criminal Law and DUI / DWI for Kentucky on
Q: If I have a warrant In Kentucky can I go to the regional driver’s license office and get an ID card made?
Leland Hulbert
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Leland Hulbert
answered on Jan 16, 2023

I think you may have already asked this question. The general answer is probably. They do not typically have law enforcement to arrest you at the driver license office.

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: Is there anyway to avoid losing my license on a 2nd offense no insura ticket in kentucky? first offense was 2.5 year ago

First offense was a fine paid and I had showed proof of insurance to the officer the next day, it was only a couple days lapsed. (Waiting pay day, with no grace period) went to court, paid my fine and that was it. 2nd offense is now 2.5 years later…I know my fine will be greater but is it... Read more »

Leland Hulbert
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Leland Hulbert
answered on Jan 12, 2023

I would recommend hiring an attorney and attempting to get the charge amended down to a lower offense that will not suspend your license.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: My 20yr old son got a speeding ticket of 96 in a 45 not long ago. He has court next week but just started a new job

We are more worried about him losing his license. He can make the appearance to court but with his travel to and from work is the concern. Thanks

Leland Hulbert
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Leland Hulbert
answered on Jan 11, 2023

He can hire an Attorney to appear on his behalf so he does not have to miss worl.

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2 Answers | Asked in Criminal Law and Estate Planning for Kentucky on
Q: The house I live in was in my exs name, I signed a document stating house was ours til he dies. Can he kick me out?

He bought the house for Me. I've lived here 6 years alone. He's in a separate house.

Leland Hulbert
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Leland Hulbert
answered on Jan 9, 2023

It depends what the terms are in the document you signed stating you both have ownership in the home or the right to live there.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: I owe a lot of restitution and I have a showcase court date what does that mean?
Leland Hulbert
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Leland Hulbert
answered on Jan 8, 2023

It is a show cause court date. That is for you to show how much you have paid and in some cases is for you to show that you’ve paid in full. It depends on your case and the terms you negotiated.

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2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Kentucky on
Q: Can you use medical cannabis while on supervised probation in kentucky?

I am a disabled veteran on low level supervised probation for a non drug related offense. With Governor Beshear recently enacting an executive order to where individuals can use medical cannabis in Ky, I have been diagnosed by the VA with 2 of the 21 qualifying conditions allowed in the order and... Read more »

Leland Hulbert
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Leland Hulbert
answered on Jan 6, 2023

No. You can talk to your probation officer about a waiver if medically necessary.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: If I have a warrant in Texas for violation of probation, can I get an identification card in Kentucky?
Leland Hulbert
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Leland Hulbert
answered on Jan 6, 2023

You can go to a drivers license division and attempt to get an ID card in Kentucky. I don’t believe they have access to the national warrant system. With that said if you have a warrant out of Texas and you get pulled over for any reason by law-enforcement you could be locked up immediately.

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2 Answers | Asked in Criminal Law and Juvenile Law for Kentucky on
Q: My son is 15 and want to detention center til Monday. He took my car for a joyride. What will they do to him for this?

He was already going to court for smoking pot at school. This time they didn't drug test him to see if he was clean. He is on meds for ODD and ADHD.

Leland Hulbert
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Leland Hulbert
answered on Jan 6, 2023

I would hire an Attorney. They could detain or release him.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Is a hearing required for shock probation? If so how long after filing for shock would the hearing be placed?
Leland Hulbert
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Leland Hulbert
answered on Jan 5, 2023

Yes. The hearing is within discretion of the court but if the court grants of hearing it should be at or before the 180 days expires

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2 Answers | Asked in Criminal Law for Kentucky on
Q: How long does prosecution have to respond after shock has been filed?
Leland Hulbert
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Leland Hulbert
answered on Jan 5, 2023

If a motion for shock is filed the Judge can deny the motion immediately or set it for a hearing. The prosecution does not have to respond but they will likely appear at the hearing and oppose shock probation unless there was a prior agreement.

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: I have court coming up and this is my 3rd time there for speeding. Will I do jail time??

I wasn’t speeding the 2nd or 3rd time, and I don’t have a license because I’m waiting for my green card (very long process), I feel targeted. I pay all the fines, but I’m worried I will go to jail this time since it’s my 3rd court date for the exact same offense (speeding)

Leland Hulbert
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Leland Hulbert
answered on Jan 3, 2023

You cannot go to jail for just speeding. If you have any other charges it is possible. If you are driving on a suspended license you are certainly at risk. I would hire an experienced attorney to help you.

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