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Questions Answered by Leland Hulbert
2 Answers | Asked in Criminal Law for Kentucky on
Q: I'm out on bond and crashed my car into a ditch no arrest no charges what can I expect when I go to court??
Leland Hulbert
Leland Hulbert answered on Dec 4, 2021

If you were not charged and not believied to be under the influence and did nothing against the law then you should not have any issues with your bond.

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2 Answers | Asked in Criminal Law, Communications Law, Land Use & Zoning and Landlord - Tenant for Kentucky on
Q: I live in a apartment have rented this apartment for over a year. Today I was walking I took short cut and walked across

The neighboring apartment building the one directly beside mine. As I was doing so a couple of the people over there came out cussing me trying to fight me saying I was trespassing. I kept walking saying i was sorry I didn’t know and didn’t mean to upset anyone, while they continued to... Read more »

Leland Hulbert
Leland Hulbert answered on Dec 2, 2021

Technically it could be considered criminal trespass in the third degree if there are clear signs that this is private property or that you are in a housing development or section 8. If you were not charged by the police you likely don’t have anything to worry about.

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2 Answers | Asked in Divorce, Family Law and Estate Planning for Kentucky on
Q: In Kentucky...Father has passed, found out he did not change his beneficiary from his x-wife (divorced > 5 years)

He has 4 biological children and 1 adopted child. The wife wants the entire 250,000 life insurance and does not want the children to have any. His oldest son has been named administrator of the estate (no will) Do we have any options to have the life insurance split evenly upon the 5 children... Read more »

Leland Hulbert
Leland Hulbert answered on Dec 1, 2021

You would need to see if the divorce agreement between the parties mentions the life insurance and then you will need to contact and Attorney that specializes in trust and estate litigation.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Can I press charges on a 14 year old boy for pushing his thumb in my 12 year old sons throat ?

My son almost past out from the pressure of the other boys thumb on his throat.

Leland Hulbert
Leland Hulbert answered on Nov 19, 2021

You can contact the police. Assaults between juveniles are still against the law but it will likely be driven by the injury to your child. Was he take him to the doctor? Are there pictures of injuries?

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2 Answers | Asked in Sexual Harassment and Criminal Law for Kentucky on
Q: Is there a statute of limitations for a sexual crime commited as a minor in the state of Kentucky?

Crime occured 15 years ago, victim just disclosed the abuse. Abuse includes fondling on 2 occasions no additional sexual attempts.

Leland Hulbert
Leland Hulbert answered on Nov 8, 2021

Felony charges do not have a statute of limitations in Kentucky.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: How likely is it that someone may be given probation or house arrest instead of prison time?

My friend is currently in prison because he got his probation revoked in February of this year for being caught in possession of a firearm as a felon. He still has not been sentenced for the new charge of felon in possession of a firearm, he’s just been sentenced from the judge who revoked his... Read more »

Leland Hulbert
Leland Hulbert answered on Nov 8, 2021

In most cases in person on probation or parole who picks up new charges of the new class A, or C felony it’s not eligible for probation or parole on the new case. The only way he would be eligible for probation is if the prosecutor amends to charge to the class D felony which would typically be... Read more »

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: KY DL holder and received a speeding ticket in VA. According to the KY transportation site the points will not transfer.

Is there potential for insurance points to be accessed unless bargained down to a non-moving violation?

Leland Hulbert
Leland Hulbert answered on Oct 27, 2021

Insurance companies can run your record at any time and they have different protocols for raising your rates. My advice would be to always get a speeding ticket dismissed if you can.

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: Arrest for driving on suspension and WASNT in operation of the vehicle !

How could someone be arrested for driving on suspension if they aren’t operating the vehicle ?

Leland Hulbert
Leland Hulbert answered on Oct 23, 2021

It depends on the circumstances. If the police do not have any proof at all the person was at any time operating or driving the vehicle then they should not be charged. If the person was driving at a previous date and the police can prove they were driving they could be charged. This commonly... Read more »

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2 Answers | Asked in Criminal Law and Juvenile Law for Kentucky on
Q: Is a 17 year old allowed to fight a 14 year old? Isn’t a 17 year old considered a adult?
Leland Hulbert
Leland Hulbert answered on Oct 21, 2021

Under criminal law in Kentucky, anyone under 18 is considered a juvenile. It is illegal for any person, juvenile or adult, to injure another person by force unless they are using self-defense.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: He had pretrial the day after arrested. How many more court dates will he have?

Secondary questiin

Leland Hulbert
Leland Hulbert answered on Oct 21, 2021

It depends if it is a felony or misdemeanor. There can be multiple pre-trial conferences before trial. The number depends on the Judge, prosecutor and charges. If there is a plea of guilty or dismissal there will not be anymore pretrial conference but their could be future court dates.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: What is the court process for receiving stolen property class d felony in Kentucky.
Leland Hulbert
Leland Hulbert answered on Oct 21, 2021

A person will be charged. They will be given a date to appear in Court for arraignment. They will need to appear at all Court dates given that it is a felony charge. I strongly recommend that person hire an experienced criminal defense attorney.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Weird sentence in Kentucky criminal cases

I do prison ministry. I have a KY inmate sentenced in 3 cases 10, 8 ,& 3 year sentences. 8 and 10 are consecutive but the sentence order has the 3 on both the 8 & 10, concurrent on the ten but consecutive on the 3. (I have a copy of the order). This seems to me to either be absurd or... Read more »

Leland Hulbert
Leland Hulbert answered on Oct 6, 2021

It’s a little bit confusing but he can contact the department of corrections or you can contact the prosecutor who made the deal. If there’s multiple jurisdictions and multiple pleas sometimes the wires can get crossed but he should not be serving double time. Under Kentucky law though if he is... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: Can I purchase a firearm with misdemeanor

I have a wanton endangerment 2nd degree

Leland Hulbert
Leland Hulbert answered on Oct 5, 2021

If the Wanton Endangerment is pending and has bond restrictions against purchasing then no. If it is a conviction and it was domestic violence then no.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Help finding a lawyer that will represent me and my codefendant which is my boyfriend. we are charged the same
Leland Hulbert
Leland Hulbert answered on Oct 4, 2021

Lawyers can represent both of you as long as you don’t have any defenses that are opposing to each other and as long as you both waive your right to separate counsel. This can work for cases in the beginning but if they progress or go further or especially go to trial you will need separate... Read more »

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1 Answer | Asked in Criminal Law and DUI / DWI for Kentucky on
Q: Can time spent in jail count towards both cases if they are related?

My friend who was on probation was arrested in February of this year and was caught with a firearm (as a felon), DUI, and failure to maintain car insurance. After he was already in jail for this, the judge who originally put him on probation put out a warrant on him for probation violation. This... Read more »

Leland Hulbert
Leland Hulbert answered on Oct 4, 2021

Under Kentucky law new felonies must run consecutive if picked up while on probation. His credit should only be applied to one case but ultimately it’s up to the calculations by the department of corrections after he is sentenced.

2 Answers | Asked in Domestic Violence for Kentucky on
Q: If I am eligible to expunge a domestic violence misdemeanor , how long does the process take?
Leland Hulbert
Leland Hulbert answered on Sep 20, 2021

You would be eligible if the charges are dismissed. If they have been dismissed you may hire an attorney or go to the clerks office to file the paperwork 60 days after dismissal.

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: My husband got his first ticket. 82 in a 55 (in Ohio) but we live in KY. ticket is $200

We were told to send a check to pay for the ticket but weren’t told about a hearing or anything. Will he lose his license?

Leland Hulbert
Leland Hulbert answered on Sep 19, 2021

Your best bet is to contact a lawyer that is licensed in Ohio and practices regularly in the county where he received the ticket.

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Kentucky on
Q: Can an officer charge you with possession after the vehicle gets to the impound lot and he goes later and "searches" car

After the vehicle sat there after first tow truck "couldnt haul it" then another tow driver hauled it to their tow yard and seen my guns in my vehicle and called the officer and had him come back out to his tow yard and then they supposedly did a search and found "drugs!" While... Read more »

Leland Hulbert
Leland Hulbert answered on Sep 16, 2021

Inventory searches are semi-protected under the law. It really depends on the facts and what probable cause the police had and if anything was in plain view. I think you need to hire an experienced criminal defense attorney immediately.

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2 Answers | Asked in Criminal Law and Public Benefits for Kentucky on
Q: I have a court hearing coming up that says "Show cause deferred/installment payment". What does this mean?

My restitution on this case is over 33,000 but I have paid over 9,000 on this cause in the past 3 years. Will the judge put me in jail because it's not paid in full by the time I go to court?

Leland Hulbert
Leland Hulbert answered on Sep 11, 2021

It depends on the judge and it depends how much you have been paying lately. Normally judges will be lenient if you’re doing the best you can but if you refused to pay or haven’t paid a lot in the last few months they could give you an ultimatum and say you have to pay X amount with a a certain... Read more »

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2 Answers | Asked in Criminal Law and Probate for Kentucky on
Q: Cops pulled me and my friend over because he didn't use a turning single but they were following us from five star

Cops pulled me and my friend over because he didn't use a turning single then follow me up to my apartment and searched but didn't have a warrant and they found 3 meth pipes and meth on a plate and took pictures but didn't arrest me was I charged? What will happen? They had no... Read more »

Leland Hulbert
Leland Hulbert answered on Sep 11, 2021

You need to hire and experienced criminal defense attorney to call the police. Narcotics detectives do this kind of thing all the time they try to shake people down to go after the bigger fish in the drug chain. If you allow them to search your apartment then they can search. If you told them they... Read more »

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