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Kentucky Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights, Elder Law and Federal Crimes for Kentucky on
Q: I was severely beaten by an on duty cop and his wife were shopping at Walmart while he was on duty and in uniform.

I was placed on life support and this officer beat me within an1/2 of my life.I’m getting a little better but I am just now able to file a complaint and tell my story.in my opinion this officer is not in control of his actions he waited on me at Walmart in hazard ky and his wife started this and... View More

James L. Arrasmith
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answered on Mar 1, 2024

I'm truly sorry to hear about the traumatic experience you've been through. It's important to seek immediate assistance and support from local law enforcement agencies and medical professionals. Documenting all the details of the incident, including witness testimonies and any... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: I never received my inheritance from a property sold it’s in the will for me to get half of sales what do I do? HELP!!

What steps do I take? How do I get my money? The property was sold but I haven’t received my half of inheritance. Can I do it for free? About how much does something like this cost to do? Do I have to prosecute the person to get my money?

Anthony M. Avery
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answered on Mar 1, 2024

You will have to hire a KY attorney that does real property litigation. It will be an expensive and difficult suit for Ejectment, Quiet Title, etc. where you have to prove title. But if that Will was not filed for Probate, it means nothing. There are stringent SOLs involved, so either file... View More

1 Answer | Asked in Civil Rights and Criminal Law for Kentucky on
Q: How much time am I facing for leaving a halfway house on ankle monitor but have not cut it off

I left cts Russell in Louisville Kentucky on hip program but have ankle monitor on still

James L. Arrasmith
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answered on Feb 28, 2024

It depends on the specifics of your case, but here is some general information that may be helpful:

- Leaving a halfway house without authorization is usually considered escape or absconding supervision. This can result in new criminal charges.

- The fact that you still have the...
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2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Kentucky on
Q: Can personal property be seized without a warrant? Is it legal to obtain a search warrant after the fact? ( like weeks).

Can evidence if any be used againt a person if Miranda Rights were not read before seizure of personal property? Law enforcement is trying to use my personal property for someone to obtain evidence in someone else’s legal matters, is this legal and orderly steps to seize property?

James L. Arrasmith
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answered on Feb 28, 2024

In general, law enforcement typically needs a warrant to seize personal property, unless certain exceptions apply, such as exigent circumstances or consent. Obtaining a search warrant after the fact, especially weeks later, could raise legal questions about the validity of the search and seizure.... View More

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1 Answer | Asked in Social Security for Kentucky on
Q: I've a lawyer now but want another one, previous one has not won any hearings n I'm bout say screw life

My seizures, keeps me from getting n holding jobs, I now have osteoarthritis, forms of scoliosis n my back literally hurts too often n I barely get much rest or can sit or be comfortable very long at all

James L. Arrasmith
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answered on Feb 26, 2024

Feeling frustrated with your current legal representation and the challenges you're facing due to your health conditions is understandable. If you believe your lawyer hasn't achieved the results you hoped for, it's within your rights to seek a second opinion or hire a new attorney.... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for Kentucky on
Q: Has my sons civil rights been violated for making a statement about an observation and getting suspended for it

He did not break any rules or disrupt any activity, he and I were told by administration that it hurt the teachers feelings by his statement “ linking up on the down low “ after he witnessed the teacher and a student do a handshake secretively

James L. Arrasmith
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answered on Feb 26, 2024

Determining whether your son's civil rights have been violated involves understanding the specific circumstances of the situation and the application of relevant laws and school policies. Generally, students have the right to free speech, but this right can be balanced against the... View More

1 Answer | Asked in Criminal Law, Consumer Law, Civil Rights and Public Benefits for Kentucky on
Q: how would i go about filing criminal charges against ky. dcbs ensuring claims made against dcbs are fully investigated

how would i go about filing criminal charges against ky. dcbs office in such a way as to ensure that any claims made against that dcbs office are actually investigated as they should be and not just ignored or swept under the rug or tried to be turned into anything other than the actual criminal... View More

James L. Arrasmith
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answered on Feb 24, 2024

To initiate a process against the Kentucky Department of Community Based Services (DCBS) for alleged criminal violations, including potential civil rights violations under "color of law," you would typically start by documenting all relevant incidents, including dates, times, and... View More

1 Answer | Asked in Criminal Law, Consumer Law, Civil Rights and Constitutional Law for Kentucky on
Q: how would i go about filing criminal charges against ky. dcbs ensuring claims made against dcbs are fully investigated

how would i go about filing criminal charges against ky. dcbs office in such a way as to ensure that any claims made against that dcbs office are actually investigated as they should be and not just ignored or swept under the rug or tried to be turned into anything other than the actual criminal... View More

James L. Arrasmith
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answered on Feb 24, 2024

To pursue criminal charges against the Kentucky Department for Community Based Services (DCBS), you should start by gathering any evidence or documentation related to the alleged misconduct. This could include emails, letters, or records of interactions with DCBS officials. Additionally, it's... View More

1 Answer | Asked in Consumer Law and Contracts for Kentucky on
Q: If a dealer sold me an RV, that I have not taken possession of, and there is no title, do I have to take it? In Kentucky

The dealer has been less than transparent

James L. Arrasmith
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answered on Feb 23, 2024

In Kentucky, you are not obligated to take possession of an RV from a dealer if there is no title available. It is essential to ensure that all necessary paperwork, including the title, is in order before finalizing the purchase and taking possession of the vehicle. If the dealer has been less than... View More

1 Answer | Asked in Tax Law for Kentucky on
Q: Do you file taxes if your working part time and collecting SSI.68 yrs.old?
James L. Arrasmith
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answered on Feb 22, 2024

If you're working part-time while collecting Social Security Income (SSI) and are 68 years old, the need to file taxes depends on several factors, including your total income, the source of that income, and your filing status. Social Security benefits, such as SSI, are not taxable income by... View More

1 Answer | Asked in Tax Law and Business Law for Kentucky on
Q: Can my business partner pay off my boat and vacation home instead of paying me by check? If yes, would I still owe tax

I was wondering if it is done that way, would we still have to pay capital gains

James L. Arrasmith
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answered on Feb 22, 2024

If your business partner pays off your boat and vacation home instead of paying you by check, it would still be considered a form of compensation for your services or ownership interest in the business. This means that you would likely still owe taxes on the value of the boat and vacation home... View More

1 Answer | Asked in Tax Law for Kentucky on
Q: As an international student, am i allowed to include the 1098 T while filing the taxes?
James L. Arrasmith
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answered on Feb 22, 2024

As an international student, you may be eligible to include the 1098-T form when filing your taxes in the United States. The 1098-T form provides information about qualified tuition and related expenses paid to an eligible educational institution, which can be beneficial for tax purposes. However,... View More

2 Answers | Asked in Bankruptcy for Kentucky on
Q: Can I see if a debtor included me in his bankruptcy

Case 3-20-BK 30379

James L. Arrasmith
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answered on Feb 24, 2024

Yes, you can check if a debtor has included you as a creditor in their bankruptcy case. Here are the main ways to see if you've been listed in someone's bankruptcy filing:

1. Review the Debtor's Bankruptcy Schedules and Statements:

- The debtor has to file schedules...
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2 Answers | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: police were told not to enter my property and they entered anyway they were told to leave several times and refused. I

i told them several times to leave the property and then i said get the f**k off my property, they broke through a secure gate to arrest me on my porch for disorderly conduct was my 1ST and 4TH amendment rights violated

James L. Arrasmith
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answered on Feb 24, 2024

It sounds like there may have been a potential violation of your Fourth Amendment rights against unreasonable searches and seizures if the police entered your property without a warrant or probable cause. Additionally, if you explicitly instructed them to leave your property multiple times and they... View More

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1 Answer | Asked in Health Care Law for Kentucky on
Q: I was wondering if this scenario is a case for any kind of a healthcare law lawsuit.

In October 2023 I saw a pain specialist in Kentucky once and they informed me that a previous pain management specialist administered a Caudal shot injection incorrectly. I spoke to lawyers for advice on how to proceed in this situation and told the new pain management specialist about this in the... View More

Tim Akpinar
Tim Akpinar
answered on Feb 15, 2024

A Kentucky attorney could advise best, but your question remains open for two weeks. Before involving attorneys, you could first look into what the difficulty in obtaining the records is being caused by. Such records portals are sometimes administered by third-party vendors that handle millions of... View More

1 Answer | Asked in Landlord - Tenant for Kentucky on
Q: I received a letter yesterday from the Louisville Metro Housing Authority Section 8. It said that I was overpaid.

I rented my house from 2014-2017. Section 8 made direct deposit payments. When the renter moved out, she notified section 8 and they discontinued payments to me. They began making payments to the renters new apartment. Do I need to pay the overpayment?

T. Augustus Claus
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answered on Feb 13, 2024

If the Louisville Metro Housing Authority Section 8 has informed you of an overpayment for the period you rented your house to a Section 8 tenant from 2014 to 2017, the general principle is that you may indeed be responsible for repaying any amounts that were overpaid to you. Typically,... View More

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Kentucky on
Q: What do I do if the local sheriff's department is violating my rights?

Local sheriff's department kicks in the front door of a friend of mines home while she was not home and her landlord was not present. My friend comes home to find her door kicked in, house ransacked, and a note that said, "sorry we missed you, sheriff's department." Then the... View More

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answered on Feb 24, 2024

If the local sheriff's department kicked in the front door of your friend's home without a warrant and without her being present, it could potentially be a violation of her Fourth Amendment rights against unreasonable searches and seizures. Additionally, arresting your friend the next day... View More

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2 Answers | Asked in Family Law and Social Security for Kentucky on
Q: We are 2 males planning on marriage. I wish to retain my given surname followed with his. How do we make it legal

We want to avoid all possible situations where identity might be questioned or the legality of my assuming his name. Do I have to go through the process of a literal name change, or will the marriage certificate cover everything when I am listed as Timothy Rob.... Her....er?

James L. Arrasmith
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answered on Feb 22, 2024

In Kentucky, as in many states, marriage provides a legally recognized basis for changing your name. If you plan to take your spouse's surname or create a hyphenated or combined surname after marriage, you typically can do so by using your marriage certificate as the legal document required... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: Can I be suspended for another employees mistake but no action against that employee just me?

My manager told one employee that we wished it was me that made the mistake so he could fire me so instead he suspended me for 5 days no pay but nothing to the employee that made the mistake.

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answered on Feb 9, 2024

In Kentucky, if you are suspended for another employee's mistake with no action taken against the employee who actually made the mistake, especially if there's an expressed wish by the manager that you had made the mistake for the purpose of firing you, this could potentially be... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Am I facing jail time? Or will they let me do rehab? Respondent has asked for jail time or rehab.

In KENTUCKY- facing assault fourth degree, public intoxication 1st & 2nd offense, breaking terms of release on an ROR,& criminal mischief. Separate dates of charge but they’re making me go to court at the same time for both. The respondent is my baby daddy ‘& he has asked for... View More

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answered on Feb 7, 2024

In Kentucky, facing charges such as fourth-degree assault, public intoxication, breaking terms of release on an ROR, and criminal mischief presents a serious legal situation that could potentially lead to jail time, depending on the specifics of your case, your criminal history, and the discretion... View More

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