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Questions Answered by Kristin Michelle Russell
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
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
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
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
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
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
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
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 that... Read 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
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
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 care and she would... Read more »

Kristin Michelle Russell
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
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... Read 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
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
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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