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Kentucky Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Kentucky on
Q: I think my son just received a higher charge, because his big brother just served 5 years for a battery.

Youngest son been going back and forth court for 2 years on misdemeanor. Trail date was set for 8th this month. Strange same time his older brother was released charged jumped to a felony. My son and the victim still maintain that what he is being accused of did not happen the way they saying.... Read more »

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Dec 2, 2022

It’s a little hard to follow your fact pattern but it sounds like you’re saying he was charged with a misdemeanor for two years and then a few days before a trial they moved it up to a felony? That is very rare and sounds strange. It’s possible for them to indict felony charges at any time as... Read more »

1 Answer | Asked in Civil Rights for Kentucky on
Q: After arrest how long is it before pretrial services interviews defendant and sets bail
Timothy Denison
Timothy Denison
answered on Nov 28, 2022

Generally 3-6 hours but can be as long as 12-24 hours

1 Answer | Asked in Civil Rights for Kentucky on
Q: I was just told its not legal to have 150 or more county prisioners sleeping on the floor, what can be done about it?
Timothy Denison
Timothy Denison
answered on Nov 3, 2022

One of the prisoners can file a lawsuit over the overcrowding.

1 Answer | Asked in Civil Rights for Kentucky on
Q: my friend is in the county jail it was made to house 140 people at the moment it has over 340 sleeping on floors

and blocking emergencey exits, is this legal?

Timothy Denison
Timothy Denison
answered on Nov 2, 2022

No. It is not legal.

1 Answer | Asked in Civil Rights for Kentucky on
Q: If an immate was left in a holding cell overnight restraint and accidently use the bathroom on himself

Also there was no supervision and no bathroom and noone came after him as he was just left and forgotten about what constitutional right is violated here

Timothy Denison
Timothy Denison
answered on Nov 1, 2022

Doubtful anyone would pursue because there are no real damages.

1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Kentucky on
Q: In Kentucky, is there a law suit for failure to indict, when after 60 days, you're not indicted & left sitting in jail??
Timothy Denison
Timothy Denison
answered on Nov 1, 2022

No. On the 61st day, your lawyer should be moving for your release from custody.

2 Answers | Asked in Criminal Law and Civil Rights for Kentucky on
Q: Can a prosecutor contest a psychological exam that deems a defendant mentally incompetent to stand trial?

There is an hour long video of the full incident. The defense is pushing for a state of mental distress during that time and saying that a mental health condition caused them to behave that way.

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Sep 13, 2022

Yes. Typically in these type of cases a competency evaluation is performed and once the results are in there is a competency hearing. Both the prosecution and defense argue their position and the judge ultimately decides the issue.

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1 Answer | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: Can I sue? Got pulled over, police tried to get me to consent search. I said no, had to wait about 2 hours for k9 .

K9 did not smell anything. All this without probable cause.

Timothy Denison
Timothy Denison
answered on Sep 11, 2022

Technically, you probably can sue. But practically, it doesn’t appear you have any damages so the recovery would be minimal if any.

1 Answer | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: If someone steals a grave and places a headstone for spouse do they have a right to bury their spouse beside them ?

I discovered new graves & headstones AFTER I purchased my farm. There is no reservation of a cemetery or mention of any graves in my Deed. Isn't this a violation of my Constitutional Rights? I don't live on this property and I wasn't aware of any of the burials. Do they have a... Read more »

Timothy Denison
Timothy Denison
answered on Aug 31, 2022

No, it’s not a violation of your civil rights. However, if the graves aren’t properly registered, you can probably have the bodies exhumed and moved off your property.

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Kentucky on
Q: Can a person request access to all documentation/evidence pertaining to current charges from recent arrest?

A friend was arrested last week and is still in custody. Court is 8/30, and we need to get a court appointed lawyer, she does not have money to pay for private representation. Can she have access to the arrest report and any other documentation or evidence pertaining to that arrest before going to... Read more »

Timothy Denison
Timothy Denison
answered on Aug 28, 2022

Yes. They can ask for all the evidence.

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Kentucky on
Q: How does an inmate obtain: 1. a court appointed lawyer (no Income) 2. Arrest report, evidence, etc

A friend was arrested last week, is still in custody. Court set for Tuesday, (8/30/2022). She was charged w/traffic violations that she's guilty of, and won't dispute. The other charges are:

1. tampering with physical evidence

2. possession of meth (1st offense)... Read more »

Timothy Denison
Timothy Denison
answered on Aug 28, 2022

She can ask for court appointed counsel at her first appearance or arraignment. Then her lawyer can ask for the discovery (evidence) after being appointed.

1 Answer | Asked in Personal Injury and Civil Rights for Kentucky on
Q: I need an attorney to file a claim for violation of rights and mental distress at the Christian County KY jail.

I was detained in isolation "the hole" without cause, with no contact, phone calls or access to legal representation for 6 days. I was not given so much as a cup to drink water from the filthy sink. I was repeatedly denied the ability to pay the cash bond, despite having ample funds in... Read more »

Timothy Denison
Timothy Denison
answered on Aug 18, 2022

Contact your local bar association or legal aid society. They maintain lists of civil rights attorneys in your area who may be able to help you.

1 Answer | Asked in Civil Rights for Kentucky on
Q: I doube this is actually free, but here goes. I live in HUD housing apartment complex of 48 units in Kentucky. The manag

The manager has not learned her job in the last year and a half and is now having bible study, her idea, because her baptist preacher asked her. It is in the office during office hours. Only the latest in a whole lot of improper conduct.

Timothy Denison
Timothy Denison
answered on Aug 5, 2022

I do not see a question in there. What is your question?

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Domestic Violence for Kentucky on
Q: Can I file harrassment charges after 2 epos we're filed on me , both dissmissed for lack of evidence ?

The petitioner and I were never in a relationship. In court

he accused me of being the reason he nearly lost custody of his son, and for him being kicked out of his residence claiming I got his girlfriend to kick him out . It wasn't until after the first case that I found out his ex... Read more »

Timothy Denison
Timothy Denison
answered on Jul 30, 2022

You can file a complaint for harassment at your local county attorneys office in the county in which you reside.

1 Answer | Asked in Civil Rights for Kentucky on
Q: What Kentucky statute defines an emancipated minor?

What are the Kentucky laws regarding release of information (pertaining to health records) to an emancipated minor?

Timothy Denison
Timothy Denison
answered on Jul 29, 2022

There is no statute in Kentucky specifying emancipation but if the minor is emancipated, the HIPAA laws applying to adults would then apply to the emancipated minor.

1 Answer | Asked in Civil Rights, Constitutional Law and Libel & Slander for Kentucky on
Q: do I havex a case here? Defamation, nonviolent threats/ inxtimidation, illegal search of house/shed, and discrimination?

violation of 4th amendment in Kentucky, no reasonable suspicion no warrant and no probable cause, all recorded on home security, and no evidence was found. search was ordered to former chief of police by local City Manager, who for 3 years openly has made his hatred for myself clear verbally, by... Read more »

Timothy Denison
Timothy Denison
answered on Jul 28, 2022

You need to consult an employment discrimination lawyer and flush out all the facts involved. This is far too complex factually to properly answer here.

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Identity Theft for Kentucky on
Q: If all identifying victim information was given to the perpetrator in his discovery, who is responsible for that?

A copy of KYIBRS report was given to the accused while he was incarcerated at W.C.R.J. with all identifying information of each victim including ssn, driver's license #, d.o.b., address, and identifying descriptions. Who do I need to contact about this violation?

Timothy Denison
Timothy Denison
answered on Jul 27, 2022

Contact The Commonwealth Attorney who is prosecuting the accused.

1 Answer | Asked in Environmental, Consumer Law, Products Liability and Civil Rights for Kentucky on
Q: , I pay a environmental fee Monthly on my water bill that cost more Then water usage

we’re in a crisis situation due to our water but we pay for an environmental fee every month that cost more than usage

Timothy Denison
Timothy Denison
answered on Jun 27, 2022

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