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Questions Answered by Kristin Michelle Russell
2 Answers | Asked in Family Law, Adoption and Child Custody for Kentucky on
Q: I've had custody of a child for 3 years now and I want to adopt him. Is that possible without taking father's rights?

I've had him since he was 3 weeks old, the mother has NO contact, and he see's his biological father on weekends. BUT, the bio dad has not established paternity with the state, and only the mother is listed as a parent on his birth certificate. Would I be able to adopt him with the father... View More

Kristin Michelle Russell
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Kristin Michelle Russell
answered on Mar 13, 2023

I agree with Mr. Denison. You would have to terminate the birth rights of both the mother and father through an adoption. Although father may not have legal rights to the child, his actions demonstrate that he may be considered the putative father of the child.

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2 Answers | Asked in DUI / DWI for Kentucky on
Q: Hi I got a DUI first about 5 years ago n I went to inpatient rehab at Leestown VA for 45day would it count for classes

I was wondering if the VA rehab counts towards my DUI classes

Kristin Michelle Russell
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Kristin Michelle Russell
answered on May 17, 2022

No, the Kentucky Division of Driver Licensing will only accept completions from programs authorized for DUI treatment. See drive.ky.gov under Driver Services, DUI Laws in Kentucky. To see a list of treatment programs, visit the Program Directory. The driver should select Driving Under the... View More

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2 Answers | Asked in DUI / DWI for Kentucky on
Q: I have an old DUI case from 2014 that just popped up in a background check. How much would it cost to take care of it?

Charges: DUI and Disregarding a Traffic Light. I was visiting KY and I live in Alaska. I don't have intentions or means to return to KY but I would like to take care of this so it is no longer pending on my file. The status says that a bench warrant was issued. I'm not sure how to go... View More

Kristin Michelle Russell
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Kristin Michelle Russell
answered on Jun 15, 2021

You need to contact a Kentucky DUI attorney who can help evaluate your case. You may be able to plead guilty remotely using Zoom depending on the county, but a DUI remains on your record for 10 years. Most counties are requiring an in-person appearance for a trial now.

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2 Answers | Asked in DUI / DWI for Kentucky on
Q: Can I drive if ive been charged with dui but not yet convicted? Im out on bond, haven't been to court yet.
Kristin Michelle Russell
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Kristin Michelle Russell
answered on Mar 5, 2021

It depends on whether a pretrial suspension order has been entered (which usually happens at your first court appearance). Your license will be suspended pretrial for refusal of the chemical test, having prior DUIs, etc. Some judges will include no driving as a condition of your bond. Your attorney... View More

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3 Answers | Asked in Divorce, Family Law, Adoption and Child Custody for Kentucky on
Q: If a parent has multiple children in different homes and parental rights are terminated does that apply to all children?

I have permanent custody of a child who has 3 older siblings in foster care. Their foster parents are currently in the process to adopt the 3 siblings. If they get the parents rights terminated in their case, will i also have to get them terminated in my (adoption) case for the younger sibling, or... View More

Kristin Michelle Russell
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Kristin Michelle Russell
answered on Jun 18, 2020

If you have not been approved by the state as a foster parent, you will likely need to file a petition to adopt and a termination of parental rights as to the child in your custody. The birth parents may be willing to consent to avoid another involuntary termination. You should contact a Kentucky... View More

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2 Answers | Asked in Adoption and Child Custody for Kentucky on
Q: Hello, I am trying to get help with adopting the little boy I currently have permanent custody of.

His mother is a friend from high school, I have had him from birth, he is now 15 months old. I want to adopt him and make him legally my child.

Mom said she is willing to terminate her rights but the father will not. He has never been around, he is on drugs and has multiple EPOs against... View More

Kristin Michelle Russell
PREMIUM
Kristin Michelle Russell
answered on Nov 23, 2019

Good morning, you need to hire an adoption attorney to petition the family court where you live to adopt and simultaneously terminate the parental rights of the birth parents. Based upon the information you’ve provided, it does not sound as if the birth father’s consent would be required... View More

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2 Answers | Asked in DUI / DWI for Kentucky on
Q: I have been charged with a dui. I need a lawyer to represent me. My income is limited. Do you offer pro Bono service?
Kristin Michelle Russell
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Kristin Michelle Russell
answered on Mar 4, 2019

You may qualify for a court-appointed public defender. You should fill out an Affidavit of Indigency at the district clerk's office in the county in which you have been charged. The court will determine your eligibility.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: I was found to possess fake 50$ bills that were ordered on amazon released 9 days later on ankle monitor

I have receipts and tracking order forms and pictures of the bills ordered

Kristin Michelle Russell
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Kristin Michelle Russell
answered on Jan 2, 2019

I would say your defense depends upon whether you possessed them with intent to defraud, deceive or injure another. See KRS 516.060

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2 Answers | Asked in Criminal Law for Kentucky on
Q: What steps do I need to take to have my criminal record removed from my background
Kristin Michelle Russell
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Kristin Michelle Russell
answered on Jul 15, 2018

Contact an experienced criminal defense attorney to see if you’re eligible for an expungement. If you are eligible, you will need an expungement eligibility certificate and the appropriate petition to be filed with the court.

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2 Answers | Asked in DUI / DWI for Kentucky on
Q: Is there mandatory jail time for a first time DUI?
Kristin Michelle Russell
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Kristin Michelle Russell
answered on May 4, 2018

There is a mandatory 4 days in jail if an aggravating circumstance is present.

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2 Answers | Asked in Criminal Law and Identity Theft for Kentucky on
Q: How can a person be indited whit out being chraged of the crime i never recived a citation or court for

I was indited on theft by identity. I was picked up on other charge an relesed on it now im indited on this with no sitation no court date nothing just hurd i was indited is that legual an it isnt a sealed inditment

Kristin Michelle Russell
PREMIUM
Kristin Michelle Russell
answered on Apr 27, 2018

Yes, this is called a direct indictment. You should contact a criminal defense attorney immediately to find out if a warrant was issued on indictment and when your arraignment will be. Perhaps they tried to send a criminal summons to an old address?

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2 Answers | Asked in DUI / DWI for Kentucky on
Q: Do you get a harsher sentence for having more alcohol in your system?
Kristin Michelle Russell
PREMIUM
Kristin Michelle Russell
answered on Apr 21, 2018

Yes, if your BAC is 0.15 or higher, it is considered an aggravating circumstance subjecting you to a mandatory minimum jail sentence (4 days on a first offense, 14 days on a second offense, etc.)

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Ky law i have 60 days to be indicted or released. Is that after arrest or after it is bound over by the grand jury?
Kristin Michelle Russell
PREMIUM
Kristin Michelle Russell
answered on Feb 9, 2018

"...if a defendant has been held to answer, without being indicted, for longer than 60 days from the finding of probable cause pursuant to RCr 3.14(1), the circuit court shall, upon motion, thereupon make an order discharging such defendant from custody; or, if such defendant is free on bail... View More

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1 Answer | Asked in Criminal Law for Kentucky on
Q: a misdemeanor: receiving stolen property under $500 in 2013. 2 years unsupervised probation. When can it be expunged

Can it be expunged in 2018, 5 years after it happened? Or in 2020 5 years after probation?

Kristin Michelle Russell
PREMIUM
Kristin Michelle Russell
answered on Feb 9, 2018

"...no sooner than five (5) years after the completion of the person's sentence, or five (5) years after the successful completion of the person's probation or parole, whichever occurs later." KRS 431.073.

1 Answer | Asked in Adoption for Kentucky on
Q: What needs to be done to adopt a child?

My fiance has two daughters that I'm wanting to adopt, she is the only one on the oldest child's birth certificate, and the youngest the father is on the birth certificate, but has nothing and wants nothing to do with the child. How would we go about getting the adoption process taken care of?

Kristin Michelle Russell
PREMIUM
Kristin Michelle Russell
answered on May 24, 2017

You need an attorney to petition the court for adoption and for termination of his parental rights.

1 Answer | Asked in Criminal Law and Animal / Dog Law for Kentucky on
Q: how much Trouble could I get in from taking someone's dog from Michigan to Kentucky?

Someone I used to be friends with in Michigan neglects her dog, whose a mutt. doesn't feed or water him, or take him outside, or interact with him, never been to a vet, but he's a great dog. I'm about to move to Kentucky and think I'm just going to take him with me. He gets no... View More

Kristin Michelle Russell
PREMIUM
Kristin Michelle Russell
answered on Aug 31, 2016

Dogs are personal property in the eyes of the law, so this would be a theft, but the theft you would be committing would actually occur in Michigan, so this is a question that should appear in Michigan criminal law questions.

1 Answer | Asked in Criminal Law for Kentucky on
Q: I got a citation for prostitution I never negotiated a price and I never even talked to the guy my friend did

My friend apparently negotiated a price and she had call ed and ask if I wanted to come over abd have fun with her and a friend n I said sure. Sure enough itvwas some guy she met on backpage were she has an ad and I got a citation also what am I facing when I go to court

Kristin Michelle Russell
PREMIUM
Kristin Michelle Russell
answered on Aug 12, 2013

You should consult with an experienced criminal defense attorney in order to determine any possible defenses to this charge. Check out www.kacdl.net. Prostitution is a Class B misdemeanor punishable with up to 90 days in jail and a $250.00 fine, or both. Depending upon the jurisdiction and your... View More

1 Answer | Asked in Criminal Law for Kentucky on
Q: I got a ticket in KY for hunting turkey on a baited field 5 years ago.Does that info come off criminal records check now?
Kristin Michelle Russell
PREMIUM
Kristin Michelle Russell
answered on Jul 19, 2013

You may be eligible to petition the court for an expungement pursuant to KRS 431.078. Consult with an experienced criminal defense attorney to determine if you are eligible. Consult www.kacdl.net to find a Kentucky defense attorney in your area.

1 Answer | Asked in Criminal Law for Kentucky on
Q: What is the punishment for harassing communication?
Kristin Michelle Russell
PREMIUM
Kristin Michelle Russell
answered on Jul 19, 2013

Harassing Communications is a Class B misdemeanor punishable with up to 90 days in jail, a $250.00 fine, or both. The defendant may qualify for a misdemeanor diversion program depending upon the jurisdiction and prior criminal history.

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