Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Leland Hulbert
2 Answers | Asked in Criminal Law for Kentucky on
Q: Ok my brother is in a criminal case and the small town we live in are trying to drive him up we don't have money but tho

Thought u might could point in a direction of a pro bono layer

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Aug 20, 2023

If people do not have the funds to hire a private attorney, the court will appoint them a public defender. They are pro bono lawyers as they do not have to be paid by clients.

View More Answers

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can I be charged with tbut when I didn't have any of the stolen items?

I was charged with misdemeanor receiving stolen property. I handed item over to police. when I went to court I was told 10 days in jail or restitution, I choose restitution but then I've found out that I'm being made to pay back the entire amount of items that supposedly where stolen from... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Aug 9, 2023

You need to hire an experience criminal defense attorney immediately. If you did not commit any crimes other than buying an item at a yard sale, then you should not be charged with theft unless you definitely knew that item was stolen or you had a part in the theft.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can I get time out on shock probation credit towards my time if revoked w/out new charges?

Probation officer said that time can not be credited. Is this true?

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Aug 8, 2023

Credits are within the discretion of the department of corrections, and granted by statutes of the Kentucky revised statutes. Since you are not incarcerated while released on shock probation, you would not get credit towards the days you have to serve it free vote.

2 Answers | Asked in Criminal Law for Kentucky on
Q: Federal lawyer request

I was arrested pulling ina friends motel room in the parking lot where I observed officers inside the room I was swarmed and told I had a trafficking warrant they found no drugs on my person placed me under arrest for this "said warrant " and confiscated my phone i asked for my property... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Aug 1, 2023

The fact pattern above is a little hard to follow. They would need to show you a copy of the warrant. The hotel owner or the renter of the room would be able to give them permission to search the room. They would only be able to search or detain you if they have probable cause and/or a warrant.

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: Me and my.nephew were charged with 1st burglary we were released on unsecured bond till waived to grand jury. He was

Just arrested on the indictment warrant but I wasn't. He sold the items at a pawnshop. I had a zippo lighter that I sold that wasn't involved in the burglary. Why haven't I been arrested would the grand jury meet at same time on same case

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 27, 2023

They would likely meet at the same time on the same case but the prosecutor had discretion to present the cases in different times. I would not disclose any facts or admissions on a public website like this. I would hire an experienced criminal defense attorney as soon as possible.

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: I had a felony indictment get amended from circuit Court and put me back in district. what happens next
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 26, 2023

You should receive a court date in District Court, and the case will proceed as a misdemeanor and somewhat start over. I would hire an attorney to help you through this process.

View More Answers

3 Answers | Asked in Criminal Law for Kentucky on
Q: if you aren't able to afford a private attorney, is there any actions an inmate can't take themselves when they aren't

released when they are supposed to be released according to the terms ofa plea bargin

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 19, 2023

You can attempt to file a Pro Se motion, but if you’re currently represented by a Public Defender the judge may not accept it.

View More Answers

3 Answers | Asked in Criminal Law for Kentucky on
Q: if an inmate is offered a plea agreement and it isn't turned down by the judge but they don't get released when they are

suppised to but public defenders is useless what steps can that inmate take on their own to have this corrected

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 19, 2023

The question is a little confusing but they always have the right to hire a private attorney?

View More Answers

2 Answers | Asked in Criminal Law and Identity Theft for Kentucky on
Q: If I just found out, I have a warrant can I go to the courthouse during typical arraignment times, and ask for summons

A former employee/business partner has accuse me of identity theft, even though mine, and he was also stolen and compromised at the same time but when the officer called me from her Facebook page, I refuse to go in without an attorney present, because it’s my business, and I didn’t want to take... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 19, 2023

No. If it is an arrest warrant, you can’t just appear and have it set aside yourself. You need to hire an attorney to attempt to have your Attorney argue for the Judge to set aside or convert the warrant.

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: Not for sure what to do

I was informed that the judge residing on my case uses a family member of mine to clean his house. I didn’t know if this is something I should bring up or not

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 17, 2023

You can bring it up to your attorney if you want to, but I don’t think it would be a conflict they would recuse or remove the judge from the case.

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: My case got waived to Grand jury on 5/10/23 when would the deadline be on indictment

I'm on ankle monitor and home confinement

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 12, 2023

If you are on home confinement or in jail, they Commonwealth has 60 days from the day your case was waived to the grand jury in which to indict you. If you are not indicted in 60 days, your Attorney should file a motion to release you off Home Incarceration.

View More Answers

2 Answers | Asked in Criminal Law and Real Estate Law for Kentucky on
Q: Trash company took a can from my property that I've had for 1.5 years without my knowledge. Trespassing and theft?

Originaly a waste management can. Was on property when I bought the house in 2022. I tool ownership of the can since it was left behind and have been using it for trash pickup with another company for almost a year and a half. Yesterday that can mysteriously went missing from my driveway

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 11, 2023

I don’t think you’re going to find any prosecutor that will charge them with criminal trespass. I would contact the company if you want to get some relief.

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: Brother arrested on recieving stolen property over 10000, paraphernalia, and trafficking. Why does the officer have wal

Officer has wallet, and why hasn't he been charged with all the other stuff they found?

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jun 5, 2023

We will need more information to answer your question. Officers generally have a right to seize property if related to the crime.

View More Answers

2 Answers | Asked in Criminal Law and Identity Theft for Kentucky on
Q: Is it identity theft if a person gives permission for a utility bill to be in their name and then also live at address

I was told my son who is 20 has an open investigation on me over his credit brcaose of some utility bills in his name, if he gave permission for saod bills, then that's not illegal correct?

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Apr 13, 2023

I don’t understand you’re a fact pattern. It would only be identity theft if someone tries to assume an identity or get a benefit from using another persons identity.

View More Answers

2 Answers | Asked in Traffic Tickets for Kentucky on
Q: I forgot to pay my court costs and fine for a traffic violation in Kentucky what do I do now?
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Apr 9, 2023

It depends on the county you’re in. Most counties you can just send someone else to pay, but if a bench warrant was issued, you may have to hire an attorney to take care of it.

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: can rent a center come into your house while youre in jail to steal property youre paying on, WITHOUT your permission

my mother was in jail for no more than 12 hours, i got a call from rent a center asking me for a key to her house to take the items shes paying for. theres no way thats legal and i need to see if theres anything i can do in this situation

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Mar 19, 2023

They cannot break into your home and take items. They would need a Court order to forcibly remove items but they can file a lawsuit or request criminal charges if a person is holding their property and payment is past due.

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: If I shoot somebody and get convicted of aggravated assault and that person dies can they still convict me of murder
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Mar 14, 2023

Technically yes, but it is not likely. You also wouldn’t be convicted of murder, until they prove it at trial or you take a plea.

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: How can I take care of an active warrant on a closed case?
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Mar 6, 2023

I would hire an experienced attorney who practices in the county where your warrant is. He or she should be able to help you communicate with the prosecutor, and get the warrant, set aside and reappear before the court.

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: I got put on diversion last year March 20th. I looked to check to see if I have any court dates come up and it says

I have a court date for diversion on March 20th why would I have to go back to court for my diversion is it completed now and they are dismissing it or what is going on?

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 28, 2023

The court date is likely for the case to be dismissed. You don’t necessarily have to attend, but I would have your attorney attend to make sure that it goes through.

View More Answers

2 Answers | Asked in Divorce and Family Law for Kentucky on
Q: Me and my wife have been separated for a yr. She moved out,can she still come to the house whenever she wants?

We have been separated for a little over a year, she moved out and has been living in another County for almost that length of time with another man, can she just show up to our home whenever she wants even to get her remaining clothes or whatever else?? She seems to think she can just because her... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 16, 2023

She would be entitled to come back to the house, unless there is a court order, saying she is not. If you are having issues over property, division and money, and her returning to the home, I suggest you hire a lawyer and file for divorce or if you’ve already filed for divorce file a motion in... View More

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.