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Questions Answered by Matt Schalk
2 Answers | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: If someone is charged with first degree assault but it was in self defense, will their charges be lowered or drop at all

The person being charged was threatened death and then hit with a belt across the back, they responded by hitting the other with a hammer to the head (was on neither persons property, both were men in early 60s with same height and weight of 200lbs)

Matt Schalk
Matt Schalk answered on Jun 27, 2020

Self defense it’s just that, a defense. It may be used as a negotiating tool to lower the charge, or it can be used as a defensive strategy at trial.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: A person threatens to kill someone & hits them w/ a belt, then the victim hits the other w/ a hammer. Who gets charged?

It occured on neither of their properties, and the person with a hammer didn't provoke them at all. The belt-wielding man came with the belts in hand ready to use, with many (realistic) death threats. The second man only pulled out the hammer after being hit. (they didn't bring it for... Read more »

Matt Schalk
Matt Schalk answered on Jun 27, 2020

It is possible that both could be charged either with a felony or a misdemeanor. That would be up to the investigating officer and/or the prosecutor to decide.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Kids vandalized

My daughter and a friend of hers decide to make a poor choice and vandalized a house,and old barn. What could happen to them if someone had video tapes and pull it. They are 17 and 15 what would the worst thing to happen to them and what do I need to do

Matt Schalk
Matt Schalk answered on Jun 22, 2020

It would depend on the amount of damage and the criminal charges levied. Juveniles that commit higher felonies can be tried as adults. I doubt this would be one of those cases. My guess, and it is only a guess, is that if they are first time offenders they may be looking at some detention but... Read more »

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2 Answers | Asked in Criminal Law for Kentucky on
Q: My girlfriend has a DVO against her ex husband. He is violent and unpredictable. Lately, we have noticed him lurking.

He strolls through the parking lot of our apartment and sometimes even knocks on the door. We never hesitate to call the police. He was jailed for such behavior a few weeks ago and still persists. He has no reason to be on our end of town. He doesn't drive, so he walks all the way... Read more »

Matt Schalk
Matt Schalk answered on May 25, 2020

I would suggest moving.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Im 15 in KY my dad gave me alcohol now theres a CPS case. Will he go to jail???
Matt Schalk
Matt Schalk answered on May 20, 2020

It is possible that he could be charged with a crime. If he plead guilty or was convicted by a jury it is possible he would be required to serve some amount of time in jail.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: What’s going on

I have been charged with terroristic threating 1st degree against my job while I was at work i was in good standing with my job I left my phone in the break room somebody emergency dialed 911 to report that they heard from someone else that there was a bomb in the building I was arrested for the... Read more »

Matt Schalk
Matt Schalk answered on May 20, 2020

You should speak with experienced criminal defense attorney.

2 Answers | Asked in Criminal Law and Family Law for Kentucky on
Q: In Kentucky, is a DVO considered a charge or conviction? Does it prohibit firearms, for me I am in the military

I am in the military and have an epo against me. The dvo hearing is soon and Im wondering if it is a charge or conviction? Or only if I breach the DVO? Can a dvo be issued and not have firearm provisions? Is there another option so I can keep my job? I have 12 years in and dont want to throw it all... Read more »

Matt Schalk
Matt Schalk answered on May 14, 2020

Your questions should be answered by a qualified attorney, over the telephone.

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2 Answers | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: Is this considered self defense?

I was in an incident with another driver. He was swerving all over the road going really slow so I went around him and he quickly came up on my car, I was going around 45 so he had to of been going nearly 65. As he was coming up, he swerved into my lane more than once, I was near the curb. I slowed... Read more »

Matt Schalk
Matt Schalk answered on Apr 28, 2020

It may be a defense and it should be explored.

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2 Answers | Asked in Criminal Law and Probate for Kentucky on
Q: If on supervised probation for misdemeanor can I be released early? Can po make you report during COVID-19 crisis?

I have been on supervised probation for 21 months now (3 mos. left) for a misdemeanor crime. No criminal history before this.

Matt Schalk
Matt Schalk answered on Apr 21, 2020

Yes and yes.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: I Posted bail for friend in Ky and now they are incarcerated. I need to file a motion for the bond to be revoked.

Could you provide me with template for bond to be revoked in Kentucky and money returned to me

Matt Schalk
Matt Schalk answered on Apr 3, 2020

You need to contact the prosecutor in the appropriate county.

2 Answers | Asked in Criminal Law for Kentucky on
Q: How do I find out if I've been indicted?

How do I found out if I was indicted by grand jury?

Matt Schalk
Matt Schalk answered on Mar 24, 2020

You would be served with a summons or an arrest warrant would be issued upon indictment. Other than that, you could contact the court clerks office and ask when the grand jury will next be in session.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Is it KY law to be released exactly 60 days after the case has been submitted to the grand jury?
Matt Schalk
Matt Schalk answered on Mar 10, 2020

If a person is incarcerated at the time of their preliminary hearing, if the case is bound over to the grand jury the Commonwealth has 60 days to indict if that defendant remains incarcerated. If the defendant has not been indicted their attorney should file a motion with the court for their... Read more »

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2 Answers | Asked in Criminal Law and Constitutional Law for Kentucky on
Q: Can you object to conditional monitored release in Kentucky?

Every single person with a drug charge is being required to report to Pre Trial Services for random drug screens and forced to pay for them. Personally Im baffled. Innocent until proven guilty is yet again getting bypassed. What if the officer illegally searched? In the meantime you fail a drug... Read more »

Matt Schalk
Matt Schalk answered on Feb 18, 2020

You can object to it but then you probably wouldn't get released from jail.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Can I file a motion to dismiss if the victim says I didn't steal her check.

I am being charged possession of Forged instrument. The plaintiff remembers writting the check now. I have a lawyer. Is there anything you can tell me besides I need to contact a lawyer that might help me? How can I be charged if she now remembers writting the check? Timothy Denison if you see this... Read more »

Matt Schalk
Matt Schalk answered on Feb 9, 2020

Just because the alleged victim wants to drop the charge doesn’t mean the Commonwealth will. You need to speak with an attorney as soon as possible.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: What should I do? There so many questions! There was no search warrant!

This guy left my sister apartment and was stopped. The cops brought him back handcuffed. I heard a knock at the door and he said its Johnny. I open the door and 3 cops are standing there one walks in and holds the door open saying there weed pipe " In plain Site". He ask me to call my... Read more »

Matt Schalk
Matt Schalk answered on Feb 7, 2020

There are multiple issues to the fact scenario you have given. You should speak with an attorney right away.

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1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Kentucky on
Q: My 2 yr old has Celebral Palsy from carbon monoxide poison when I worked @ Rural King & while pregnant. Can he get SSI?
Matt Schalk
Matt Schalk answered on Feb 4, 2020

Contact your local Social Security field office.

2 Answers | Asked in Criminal Law for Kentucky on
Q: In Ky if you have a warrent for your arrest do you still have the right to stand your ground / castle doctrine?
Matt Schalk
Matt Schalk answered on Jan 31, 2020

Contact an experienced criminal attorney to see what viable defenses you may have.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: I was arrested after I gave friend a ride to louisville. She drove my car and got pulled over. Drugs were found in her

Belongings. I had no idea she had drugs. She has long criminal history. I'm 60 and have no criminal history. She has been arrested at least 4 times since then. Now we are going to trial and I have yet to tell anybody my side of the story. She said she told them it was hers and she had a... Read more »

Matt Schalk
Matt Schalk answered on Jan 21, 2020

Contact an experienced criminal defense attorney immediately.

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3 Answers | Asked in Criminal Law for Kentucky on
Q: Is there anything I can do about charges my son received due to neglect of the jail?

He was sitting in the booking area waiting to be booked, and the jail left the sally port door open and he ran out of it. Racking up several other charges. If the facility hadn't been negligent he would not be facing the additional charges.

Matt Schalk
Matt Schalk answered on Jan 21, 2020

I do not believe that is a viable defense to an escape charge. However, it would be best to review all the facts with a criminal defense attorney.

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2 Answers | Asked in Adoption, Child Support and Criminal Law for Kentucky on
Q: I recently found out while I was at prison my 2 children was adopted, do i owe current support in ky
Matt Schalk
Matt Schalk answered on Jan 17, 2020

I believe you would only be responsible for arrearages in child support up to the point of adoption. However, you need to contact a family law attorney for verification of that.

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