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Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Kentucky on
Q: If you been in jail 60 days an you have not been indicted an a motion for your release has been filed how long can they

Hold you before you get out ofter a motion for failure to indict is filed

Timothy Denison
Timothy Denison answered on Aug 3, 2021

Until the judge signs the order, which is usually within a day or two.

2 Answers | Asked in Criminal Law for Kentucky on
Q: My brother was at work and overdosed and when he went to hospital and came to left ama and was arrested for old warrant

The warrant was for trafficking and controlled substance but he has never been in trouble for that. And was arrested at the hospital. Can your name even be ran when your in need of medical attention and not in trouble for anything?

Leland Hulbert
Leland Hulbert answered on Jul 31, 2021

If you have an old warrant or an outstanding warrant you can be served with that anytime. The protection of a reporting an overdose and immunity from charges only applies to new charges.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: In Kentucky, when will I be eligible for parole on a two year and one month sentence?
Timothy Denison
Timothy Denison answered on Jul 28, 2021

After about 152 days.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: I'm a felon and posted an old picture of myself with a firearm on Facebook. What are my chances if I take it to trial?

The only piece of evidence they have is a screenshot of the post. They keep offering me a year to serve. I'm currently on probation and they oppose probating this charge.

Leland Hulbert
Leland Hulbert answered on Jul 27, 2021

It depends on the timestamp and date and if they found the gun. They should turn over all of this evidence to you and your attorney can advise you of how strong a case they have. A lot of it will come down to what the jury well think if they show one picture of you on Facebook they can probably... Read more »

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1 Answer | Asked in Criminal Law and DUI / DWI for Kentucky on
Q: Is two years and one month a harsh sentence for a dui, criminal mischief, wanton endangerment, fleeing and evading?

I went to rehab and haven’t been in trouble since it happened almost 2 years ago. This is a first offense. I already took a plea deal but feel that my lawyer did not do his job correctly.

Timothy Denison
Timothy Denison answered on Jul 27, 2021

One would have to review the case file and the specific facts to properly answer this question.

1 Answer | Asked in Criminal Law and Traffic Tickets for Kentucky on
Q: What does it mean if your schedule for a court appearance and all it says is other hearing?
Timothy Denison
Timothy Denison answered on Jul 27, 2021

Other hearing denotes hearing on a special or specific issue.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can I set up a payment plan after my court date?

I was going 84 in a 45, while this is not my first ticket, and that ticket never counted against my license and I did traffic school, I’m not sure what to expect. Since this ticket is not prepayable, can I set up a payment plan after court?

Leland Hulbert
Leland Hulbert answered on Jul 19, 2021

The court will generally give you a few months to pay fines and costs. You can make partial payments if you want. If you’re in a really big bind you can ask the judge for even more time to pay your fines and costs

2 Answers | Asked in Criminal Law for Kentucky on
Q: My girlfriend is currently facing a murder charge as well as possession of a firearm by a felon.

#1-In a murder case can circumstantial evidence be enough to get a conviction at trial?

#2-Can a person charged with possession of handgun by a convicted felon get a conviction by trial if the police never found the person charged with a handgun?

#3-Can a conviction be given to... Read more »

Leland Hulbert
Leland Hulbert answered on Jul 16, 2021

1. Yes

2. I am not sure what that means

3. Not sure what that means

4. Only if they had shot a gun within the last few house. They could be tested for gunshot residue.

5. Yes

6. Less likely but still possible, Murder cases tend to have tons of evidence -...
Read more »

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Is someone who got their probation revoked for a violation and sentenced to 3 yrs in prison eligible for shock probation

In Kentucky, I know someone who got charged with wanton endangerment, served several months then got off on diversion/probation back in 2018. He recently violated his probation and was sentenced to 3 years in prison, but also was given 365 days of credit already due to time on home incarceration... Read more »

Timothy Denison
Timothy Denison answered on Jul 14, 2021

He is eligible to make the motion for shock probation.

1 Answer | Asked in Criminal Law, Personal Injury, Appeals / Appellate Law and Legal Malpractice for Kentucky on
Q: Why wasn't the issue of EED not pursued on appeal? No more ineffective can an atty. be than ignore the compelling plea.

Nunn was a slam dunk EED. Scoville squandered all Nunns and his assets and suicide by eating a bullet because of his poor representation of Nunn et al was coming back on appeals and was his only out. Now Nunn has done

@ enough time for an EED and at 70 his heart condition will just about... Read more »

Timothy Denison
Timothy Denison answered on Jul 8, 2021

What is your question?

2 Answers | Asked in Criminal Law for Kentucky on
Q: A gun was pulled on me while I was painting the inside of a house..a gun was pulled on me outside when I was leaving

As I was walking towards the door and down the steeps and to my truck I turned around and a gun was pointed at me buy the grandfather..as i was walling towards the door my equipment was there as I leaned down to get my equipment the lady pushed me and said don't touch my paint..As I walked to... Read more »

Leland Hulbert
Leland Hulbert answered on Jul 6, 2021

It sounds like you did the right thing by calling the sheriffs department. What is your legal question?

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2 Answers | Asked in Criminal Law for Kentucky on
Q: In indiana will a federal charge be removed at the age of 18
Leland Hulbert
Leland Hulbert answered on Jul 2, 2021

Charges are typically not “removed”

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2 Answers | Asked in Criminal Law for Kentucky on
Q: My moms in Adair county KY jail has been since April 30th 2021 she has a bond of 10,000 but she has not been indicted

Want to get her out what do I do

Leland Hulbert
Leland Hulbert answered on Jul 1, 2021

Hire an experienced criminal defense attorney and have them file a 60 day motion for her release.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: State Kentucky what do you think he will be sentenced?

State Kentucky what do you think he will be sentenced? During the search, the following items were seized:

• a baggie of suspected methamphetamine weighing approximately 75.5 grams,

• a baggie of suspected methamphetamine weighing approximately 1.1 grams,

• a baggie... Read more »

Leland Hulbert
Leland Hulbert answered on Jun 30, 2021

Offers on cases can vary wildly based on the facts, the record of the defendant the prosecutor and the judge. Obviously this person is looking at felony time but if they have no record at all they still have a chance at probation if they have a past record of drugs they are more likely to do some... Read more »

2 Answers | Asked in Criminal Law, Personal Injury and Libel & Slander for Kentucky on
Q: Would I be able to sue for emotional distress?

My husbands ex has been harassing me for years now. She’s made numerous fake accounts, she’s threatened me, downloaded text apps to text my husband (he had to get his number changed) she made a fake Facebook and was commenting on photos of my daughter calling her ugly. She made a fake Snapchat... Read more »

Leland Hulbert
Leland Hulbert answered on Jun 28, 2021

I will contact your local County Attorney or Police and pursue criminal charges of Harassment and Theft of Identity. You can also hire a civil attorney to write a cease and desist letter to her and if it does not stop you could pursue a lawsuit.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: In Kentucky if a person is released on shock probation with a 4 yr and 2 day sentence and happens to

Get their probation revoked will their original sentence start all over or will they still be able to use their prior jail/prison time (good time,) towards their original sentence or will they have to start all over and do the full time.

Brent Cox
Brent Cox answered on Jun 23, 2021

He or she will get credit for any and all time served on that particular case. When out on parole, a defendant get credit for time on parole, "street credit."

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2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Will me not getting an epo affect abusers sentence?

I asked about my ex getting a 1st degree strangulation charge a few days ago. When he went to jail I told the police I didn't want to worry about the epo, I just wanted to get my things and leave. But I'm wondering if me not getting it will make the court think differently than if I had... Read more »

Leland Hulbert
Leland Hulbert answered on Jun 22, 2021

If there are pending criminal charges that is much more serious than an EPO. The court and the prosecutor will not drop or lower the charges just because you didn’t file for an EPO.

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1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: I live with my mom and step dad I have for a year I help help pay rent and if I get a epo on my stepdad in the state ky

Will he have to leave

Timothy Denison
Timothy Denison answered on Jun 20, 2021

Most likely, yes.

1 Answer | Asked in Criminal Law for Kentucky on
Q: What kind of time is an already convicted felon looking at if he was arrested again for strangulation 1st degree?

My ex-boyfriend was arrested for strangulation 1st degree and assault 4th degree/domestic violence in Kentucky. He already has a criminal history (dui, resisting arrest, and others) and he is already a felon for a methamphetamine charge. Strangulation 1st degree is now a felon in kentucky and I... Read more »

Timothy Denison
Timothy Denison answered on Jun 18, 2021

It’s a class c felony which carries 5-10 years, enhanced to 10-20 years if he only has 1 prior felony, and enhanced to 20 to 50 years if he has 2 or more prior felony convictions.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If a person has been indicted and is incarcerated how many times can the trial be delayed before being dismissed?
Timothy Denison
Timothy Denison answered on Jun 15, 2021

As many times as the Court will permit it.

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