Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Leland Hulbert
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
PREMIUM
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.

View More Answers

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
PREMIUM
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.

View More Answers

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
PREMIUM
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.

View More Answers

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
PREMIUM
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.

View More Answers

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
PREMIUM
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 »

View More Answers

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
PREMIUM
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 »

View More Answers

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
PREMIUM
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.

View More Answers

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
PREMIUM
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 »

View More Answers

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
PREMIUM
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.

View More Answers

2 Answers | Asked in Domestic Violence for Kentucky on
Q: In the state of Kentucky, how do I petition the court to dismiss an Emergency Protection Order filed against me?

I have an active EPO that has been in place for over three months. Is there anything I can legally do to petition the court for dismissal? I feel that I have enough physical and written proof to have this order dismissed, I just cannot find a way to file the proper response to have a opportunity... Read more »

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 2, 2022

You are entitled to a hearing in front of the court where the court decides if it will be a domestic violence order DVO or it will be dismissed. My guess is if you’ve had it passed three months already there’s likely an agreement in place that it will eventually be dismissed.

View More Answers

2 Answers | Asked in Criminal Law, Identity Theft and Internet Law for Kentucky on
Q: A perso i know used someone else bank account to pay my utility bill and now they want to charge me for it what do i do?

They sent out a warrant for my arrest because i didnt go and sighn a statement , witch i was going to because i thought he was using his money and i aggreed to pay him back with intrest.. he lied to me and now im in trouble..

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 27, 2022

Since you already have r a warrant you need to hire an experienced criminal defense attorney to try and get the warrant set aside and start fighting the case. I would also save any text, e-mail or social media communications you have had with the guy that fraudulently used the card.

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: Fist question is can an arrest warrant still be legal if the case which it is about is closed out

I have an outstanding absconding from parole warrant in which case I have served all the time it takes to be MRS eligible and paid my $15,000 in restitution in full and the case has since been closed out but now I have a family court case and can’t appear or I’ll be arrested on this warrant

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 22, 2022

If the warrant was generated before your parole expired then technically it could still be a valid warrant and you need to appear and get it taken care of. Realistically if you completed all your requirements you may not be asked to serve. It depends on the circumstances. I would contact an... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: My husband missed a court date, is being charged with failure to appear/citation for a misdemeanor. What does that mean

He was to appear in court if he didn't have his fine paid.

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 22, 2022

He failed to appear. He wants to get this taken care of because it could restrict his drivers license depending on the charge.

View More Answers

2 Answers | Asked in Traffic Tickets for Kentucky on
Q: I was pulled over for speeding 26 miles over, careless driving, failure to produce insurance card and no registration.

This happened Dec. 2021 in Jefferson County KY. I haven't had a speeding ticket since Apr. 2016 and I'm usually a careful driver with everything up to date. The citation is non prepayable and my court date is in Feb. What should I expect? Will my license be suspended or will I have to... Read more »

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 21, 2022

It depends on your speed. If it was more than 35 mph over the speed limit the Prosecutors will likely not amend it down and you will face a license suspension hearing where you will either have your license suspended or probated. i would hire an experienced Attorney.

View More Answers

2 Answers | Asked in Adoption, Domestic Violence and Family Law for Kentucky on
Q: My daughters biological father is mentally unwell. He refuses medication or therapy…was in a domestic dispute around my

Daughter in July of 2021. He has not had contact since, and my daughter has attended therapy and has shown act of ptsd/trauma. She is just under 3. Can I have his rights terminated and/or have her adopted by my now fiancé? Thanks!

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 13, 2022

You can certainly take this matter to court and ask for sole custody. Terminating his rights against his wishes will be very difficult and typically not done unless a person goes to prison or they are extremely dangerous.

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: The police officer who arrested me was later found to be corrupt. Can I get this case overturned.
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 11, 2022

It depends what happened on your case. If there is any evidence of corruption that led to a jury finding you guilty there is a chance you can file a motion to have it overturned. If you voluntarily pled guilty it would be more difficult for you to now get out of that plea.

View More Answers

1 Answer | Asked in Traffic Tickets for Kentucky on
Q: Ticketed going 84 in 55. Is there any way of getting out of court? If not do I need a lawyer?
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Dec 18, 2021

it is worth hiring a lawyer. They can cover for you in Court and can possibly get the ticket amended down to a lower speed that will allow you to take a class or go to traffic school to avoid points on your license.

1 Answer | Asked in Traffic Tickets and Criminal Law for Kentucky on
Q: What are my options if my 4th amendment rights were violated by an officer?

I was pulled over by an officer...he never asked for license, insurance, or registration and came to the passenger side of the vehicle then demanded me and my passenger to get out of the car without any probable cause. We said no and the officer snatched me out of the car through the window of the... Read more »

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Dec 11, 2021

It depends if they had probable cause. If they had reason to believe you all were engaged in criminal activity well before you got pulled over when you got pulled over then they may have a right to do what they did. If this was in Louisville they likely have body cam and will show exactly how they... Read more »

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
PREMIUM
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.

View More Answers

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
PREMIUM
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.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.