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Questions Answered by Matt Schalk
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 sister to get... 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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2 Answers | Asked in Criminal Law and Juvenile Law for Kentucky on
Q: My friend has to go to court this is his 1st time they have see him but he had a cdw he has been seeing and now he is

Getting charged with disorderly conduct and theft and want to know what a re they gonna do in court

Matt Schalk
Matt Schalk answered on Jan 11, 2020

I assume your friend as a juvenile. He needs to contact an attorney who handles criminal law.

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5 Answers | Asked in Car Accidents for Kentucky on
Q: My wife was in an auto accident the person at fault provided police with false documentation and was uninsured

Insurance agencies said there was nothing they could do what do we do now

Matt Schalk
Matt Schalk answered on Jan 8, 2020

Assuming you wife sustained injuries, you need to look at her auto insurance policy, and yours, and see if either of you had uninsured motorist coverage at the time of the collision.

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1 Answer | Asked in Criminal Law and Family Law for Kentucky on
Q: It has come to my attention that my 12 year old sister is being abused by her father how do I get her out

She is 12 years old and he makes her let him watch her shower in detail and if she denies him he physically punishes her and hasn’t giving her outside contact until I picked her up for Christmas break I noticed she had cuts on her wrist and come to find out she is self harming herself to get out... Read more »

Matt Schalk
Matt Schalk answered on Dec 31, 2019

Contact law enforcement and/or the Cabinet for Health and Family Services, immediately.

3 Answers | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: Ok my friend was pulled over and charged w/trafficking meth and heroin they told him the reason they pulled him over is

Because he had a tail light out and no insurance now when he went to jail that was night on his paper work and no charger's on taillight or insurance oh he also was charged with defaced fire arm now where they said they pulled him over for one reason but was charged with a different and no where... Read more »

Matt Schalk
Matt Schalk answered on Dec 26, 2019

Yes, they can. I see cases like this very often. One of the most important issues is whether or not probable cause existed for the presumably warrantless search, and for the stop itself.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: My boyfriend was charged with manufacturing meth He went to rehab but left. He was charged with escape2nd

He also has felony charges pending for possession in another county. Will he still be able to get probation after getting an escape charge

Matt Schalk
Matt Schalk answered on Dec 19, 2019

I would need more information to answer your question. Specifically I would need to see his criminal history record and a summary of all new charges. If probation is possible, I would also need to speak with the prosecutor to see what the Commonwealth's position would be.

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3 Answers | Asked in Criminal Law for Kentucky on
Q: My husband just went to jail for 4th degree assult. I want to drop the charges. How would i go about doing this?

He is also on parole.

Matt Schalk
Matt Schalk answered on Dec 17, 2019

You can contact the county attorney and state that you wish the charge(s) to be withdraw. However, you are presumably the victim and subsequently a witness, and the criminal complaint is brought by the Commonwealth of Kentucky, not you. Therefore the Commonwealth may proceed with the charges... Read more »

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Question about an arrest.

My mother rents the property where the arrest occured so the lease is in her name. My address was not there. I lived elsewhere. So, 1 day there was a little jon boat left at the end of my mother's driveway, almost blocking it off. We did not know if someone was coming back for it or what. After a... Read more »

Matt Schalk
Matt Schalk answered on Dec 12, 2019

I would definitely have to know more about the case to give you a complete answer, but it appears that law-enforcement doesn’t entirely believe your story. Hindsight is 20/20 but It probably would’ve been best if you had called the police when the mysterious boat appeared in the driveway.... Read more »

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2 Answers | Asked in Criminal Law for Kentucky on
Q: If someone has an outstanding bench warrant for failure to appear, is paying his electric bill "aiding and abetting?"

Someone I know has an outstanding bench warrant in a criminal case for failure to appear. Is he technically a fugitive? He's requested I help him out with some bills, and I've done so in the past. Am I "aiding and abetting" if I pay his electric bill, or offer him other financial aid?

Matt Schalk
Matt Schalk answered on Dec 12, 2019

The individual you want to help just needs to get that bench warrant for failure to appear taken care of as soon as possible. Perhaps lending money to help him or her retain an attorney might be a better allocation of funds.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Can I stop attending IOP classes once I am released from house arrest and put on parole?

A condition of my house arrest was to take IOP classes. Now I am getting off house arrest, so I don't have to keep taking classes, correct?

Matt Schalk
Matt Schalk answered on Dec 11, 2019

Your attorney needs to ask the judge about that.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Can you get charged with auto theft if someone gave you the car and it's been in your possession for 2 years
Matt Schalk
Matt Schalk answered on Dec 9, 2019

Yes, if there is probable cause. Those sound like defenses to the theft charge. Contact an attorney if you want to discuss the matter in more detail.

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