Lawyers, Answer Questions  & Get Points Log In
Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Business Law, Employment Law and Criminal Law for Kentucky on
Q: Can an unsupervised probationer half to give consent to a urine sample during a ground search at a business.

My work place is gonna be being searched by an on going investigation of money laundering and prostitution and drugs.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 28, 2023

When a workplace is subject to an ongoing investigation for various illegal activities, including money laundering, prostitution, and drug-related offenses, law enforcement authorities may conduct searches. During these searches, individuals on unsupervised probation may be asked to provide consent... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Kentucky on
Q: is it legal for a police department to not give a police report to me as the parent ?KRS.61878(1)(i) my child died
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

Under Kentucky law, including KRS 61.878(1)(i), there are certain circumstances where a police department may withhold a police report, especially in cases involving an ongoing investigation or where the release of information could compromise the investigation. However, as the parent of a deceased... View More

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: What happens if there’s a 5 gram drug quantity weight discrepancy between LEO and the crime lab in Kentucky courts

Law enforcement weighed and took pics of drug evidence weighing 9 grams, but when the lab report came back it said there was 14 grams

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2023

If there is a discrepancy in the weight of drug evidence between law enforcement and the crime lab, it could have a significant impact on the outcome of a criminal case. In Kentucky, the weight of drug evidence is often used to determine the severity of the crime and the appropriate punishment. For... View More

View More Answers

1 Answer | Asked in Civil Rights and Criminal Law for Kentucky on
Q: question regarding false imprisonment or wrongful detention

in 2009 when i was 18 years old i was convicted of unlawful transaction with a minor and served a few years in prison. released in 2014 and on probation for 5 years following until released in 2019 from probation. still having to register as a sex offender. in july 2023 i was arrested by the local... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2023

I understand your concern about being arrested twice for the same non-compliance issue with the sex offender registry. This situation appears to raise questions about false imprisonment or wrongful detention. It's essential to seek legal representation immediately to address this matter... View More

2 Answers | Asked in Criminal Law and Civil Rights for Kentucky on
Q: Is this right? double jeopardy? this could be a case....

i was arrested in nov 22 and it was ruled upon by ealier this year....after 5000 cash bond was picked up (2 days later) i was rearested w no new charges on indictment warrant for the felony possession but it had already been ruled on. now i have been infront of judge about 10x and still no... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2023

In your situation, if you were re-arrested for the same charge that had already been ruled upon, it raises concerns about potential double jeopardy, which is prohibited under the Fifth Amendment of the U.S. Constitution. Double jeopardy means being tried twice for the same offense after a ruling... View More

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: I’m in Kentucky and I have this unnatural fear that I might have a warrant. Is there a way to find out online?

I don’t think I would have a warrant out but I have moved houses a few times and recently my husband received a jury summons in the mail and it occurred to me, if they have ever sent a summons to a previous location I wouldn’t know and thus, would have missed it. When I googled the punishment,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 13, 2023

In Kentucky, you can check for any outstanding warrants against you without directly involving the police, which should alleviate your concerns about immediate arrest. Many counties in Kentucky have online databases where you can search for warrants.

You can start by visiting the website...
View More

View More Answers

3 Answers | Asked in Car Accidents and Criminal Law for Kentucky on
Q: I left the scene of an unsafe multi car accident and filed a police report online a few hours later

I drove into a multi car accident and another car hit me from behind. I didn’t hit anyone. It was on a very busy interstate, and I felt it was unsafe and no police were on scene yet. I drove to the next exit and assessed the damage, which wasn’t terrible, and called my insurance company. I then... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023

Leaving the scene of an accident, even if you did not cause it, can potentially lead to criminal charges and penalties under Kentucky law:

- Kentucky law requires drivers involved in an accident to remain at the scene and provide their contact/insurance information to the other parties...
View More

View More Answers

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can the whole case be thrown out?

The search warrant wasn't notarized at all but it wasn't signed until the day after the search warrant was already executed and issued.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023

Based on the details provided, there are good grounds to argue the entire criminal case should be thrown out and evidence suppressed in Kentucky due to an invalid search warrant:

- In order for a search warrant to be valid under Kentucky law, it must be properly signed and sworn to by the...
View More

2 Answers | Asked in Criminal Law for Kentucky on
Q: If you have trafficking charges and was indicted Then they supersed indict you what’s that mean in ky
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2023

A superseding indictment is a new indictment that replaces an existing indictment. It is typically used to add new charges, remove charges, or correct errors in the original indictment.

In Kentucky, a superseding indictment can be filed at any time before the trial begins. The prosecutor...
View More

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: In Ky can the law enter a home without a search warrant or consent?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 1, 2023

The police can enter a home without a search warrant or consent in a few limited circumstances. One of these circumstances is when the police have probable cause to believe that a domestic violence incident is in progress.

Probable cause means that the police have a reasonable basis to...
View More

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: My cousin got released from jail the jail calls 5 hrs later and says they made a mistake and let him out 5 days early

She let them know he was headed out of town to work that she would message him they told her if he don't turn his self in within a few hrs they would issue a warrant after they released him and he couldnt get back that quick it's there fault how can they charge him

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2023

In Kentucky, if a jail mistakenly releases an inmate early and later realizes the error, they can request the inmate to return to custody. If the inmate doesn't comply, the jail may issue a warrant for their arrest. While the mistake was made by the jail, the responsibility for returning to... View More

View More Answers

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Kentucky on
Q: Will a process server from a sheriffs officer arrest you if you have a bench warrant?

I’ve known about the bench warrant for a month now and am just now able to come up with the cash to get it paid for and the community service complete that goes along with it. I came home today and noticed a Process Server from our local Sheriffs department had left a note to call them on my... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Oct 6, 2023

Yes. A sheriff can arrest you. If you call them and ask them what it’s about they’re not going to know where you are and you don’t necessarily have to follow their instructions to turn yourself in. My advice would be to borrow funds and pay the bench warrant.

2 Answers | Asked in Criminal Law for Kentucky on
Q: Is it possible to obtain body cam footage from an arrest in kentucky as a non resident who isnt involved in said arrest?
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Oct 5, 2023

It is possible for you to file an Open Records request. Louisville Police are veryslow in replying to these. So basically, you can file an Open Records request for 911 call and body cam but it’ takes time. It is. Supposed to be within three days, but that rule is often violated.

View More Answers

2 Answers | Asked in Criminal Law, Family Law, Civil Rights and Juvenile Law for Kentucky on
Q: I have a bench warrant & need to renew my license in Campbell Co. I've secured insurance since. Will I be arrested?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 22, 2023

If you have an active bench warrant against you, you run a significant risk of being arrested if you go to a government office like the DMV to renew your license. Bench warrants are usually entered into a statewide database accessible by law enforcement, including the officials who work in DMV... View More

View More Answers

2 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for Kentucky on
Q: Do I have to be read my Miranda rights before I'm arrested and handcuffed in Kentucky
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2023

In Kentucky, the reading of Miranda rights is generally associated with custodial interrogations, not the act of being arrested or handcuffed. Law enforcement officers are required to provide Miranda warnings when a person is in custody and subject to questioning. These warnings include the right... View More

View More Answers

2 Answers | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Kentucky on
Q: In Kentucky if you are arrested and placed in handcuffs and took to jail and you weren't read your rights what can you d
John Michael Frick
John Michael Frick
answered on Sep 13, 2023

If you satisfactorily prove that you were not read your Miranda rights, any statement you may have made to police after you were arrested ought to be excluded from evidence at your trial. It does not affect the lawfulness of your arrest or whether you will be found guilty based on other evidence... View More

View More Answers

1 Answer | Asked in Criminal Law for Kentucky on
Q: How to prove wasn't trafficking

Charged with trafficking but wasn't had good amount in more then one bag. No scales pipe and lawyer says gather evidence wasn't trafficking. How?? How do u prove that what evidence???

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Sep 12, 2023

I would not admit to the possession of drugs over the internet. Trafficking usually has to do with large amounts of drugs or buying/selling activity or large sums of cash. If none of those were present and you do not have any prior trafficking charges then they have a weaker case to prove... View More

2 Answers | Asked in Criminal Law for Kentucky on
Q: Why am I being charged with trafficking and not possession??

I was pulled in parking lot cops came behind me gave me 3 different test they stopped between each one talked and then came back started again. I was arrested for DUI. Then search of car they got ounce of stuff and smoking utensil. Charged with trafficking. I wasn't though. Pointed lawyer said... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Sep 12, 2023

Typically the police charge trafficking and let the prosecutor sort it out later. If you are dealing with ounces rather than grams and there is other evidence (large sums of money, baggies, scales or they witnessed you on selling or transporting) then they often charge trafficking. I recommend... View More

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: I was arrested for shoplifting at walmart for $69.

I was arrested and released on ROR the same night. I go to court Friday. I have no priors. How does court work? How does getting a court appointed lawyer work? What are likely outcomes?

Thanks so much.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2023

At the arraignment, you'll learn about the charges against you and have the opportunity to enter a plea. If you can't afford a lawyer, you can request a court-appointed attorney. If eligible, one will be provided to represent you. Following this, your case might proceed to a pre-trial... View More

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: How can I get my court date moved back for a couple of weeks
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2023

To request a change in your court date, you typically need to contact the Court Clerk. You can find their contact information on your court summons or the court's website. Explain your situation and request a continuance, providing a valid reason such as a medical emergency or prior... 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.