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Questions Answered by Brendan Joseph McLeod

1 Answer | Asked in Criminal Law for Kentucky on

Q: Hi my boyfriend is in jail

Inmate classification said hold other no bond posted and he has 2 warrents in different states one in owensboro one in muhlandburg ky but can he be moved to the other jail

Brendan Joseph McLeod answered on Apr 16, 2018

Yes. He can move within the state. Both Owensboro and Muhlenberg are located in Kentucky. Kentucky is a bond state. This means that although the bond may be really high there has to be a bond set. There should be a bond that is articulable and able to be posted. There could be a typo in the... Read more »

1 Answer | Asked in Criminal Law for Kentucky on

Q: Can one single areast make me a persistent felony

Brendan Joseph McLeod answered on Mar 18, 2018

Yes and No. If you have two qualified prior felony convictions then you would be PFO 1. You qualify the felony convictions in that to count for Persistent Felony Offender you have to be over 18 at the time of committing the felony. If they are separate felonies then they can only enhance once... Read more »

1 Answer | Asked in DUI / DWI for Kentucky on

Q: My fiancé got stopped in a drive way for dui and refused a breathalyzer but still got arrested what should he do now

Someone called and reported that he was swerving so the cop ended up following him on a street he noticed the cop and pulled into a driveway where it was dark and scrapped a cable box, the cop stopped and asked questions, did a walking test and arrested him for dui. He doesn't remember the cop... Read more »

Brendan Joseph McLeod answered on Mar 5, 2018

It really doesn't matter where you are stopped in regards to a DUI. If operating a motor vehicle and under the influence of alcohol or other intoxicant, officers, with probable cause for DUI, can effect an arrest. It severely weakens their case when someone refuses the breathalyzer because they... Read more »

1 Answer | Asked in Criminal Law and Sexual Harassment for Kentucky on

Q: Can you get in legal trouble for messaging someone on facebook?

Hello. I met a woman at a coffee shop, and found her on facebook. I remembered her name. I asked, very politely, if she would be willing to talk more. I also found her e-mail from facebook, and sent her an e-mail as a lot of people don't check their facebook messages. I intentionally worded it very... Read more »

Brendan Joseph McLeod answered on Mar 4, 2018

Of course. If I write "I am going to kill you," or "I am going to kill John Doe," this equates to terroristic threatening. Terroristic threatening can be delivered by anyone not the utterer. Another words someone else can read it and relay the message. It does not dilute the TT charge. If you... Read more »

2 Answers | Asked in Car Accidents, Criminal Law and DUI / DWI for Kentucky on

Q: Can I say my car was stolen?

I let my friend borrow my car to go to the gas station and back. I have a witness that I said, "Promise me, only the gas station and straight back" and he said, "Yes, I promise. There and back." 4 hours later I get a call that he has totaled my car in a ditch driving drunk. He also left with my... Read more »

Brendan Joseph McLeod answered on Mar 4, 2018

The proper charge is Unauthorized Access to a Motor Vehicle. If you say it was stolen your friend will retaliate with, "hey, I know him and he gave me the keys and authority to drive the car. I was gone four hours, but I had no intent to permanently deprive him of his vehicle. He knows that."... Read more »

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2 Answers | Asked in DUI / DWI for Kentucky on

Q: Hello. My boyfriend is logged in Barren County regional jail, 4th offense DUI $5,000 cash bond . Can an attroney 10%??

Brendan Joseph McLeod answered on Mar 4, 2018

He can, but there is a good chance he will not. A 4th offense is a Class D felony and calls for 120 days to serve that will not be set aside or probated. Most people try to get a one year sentence and go to the penitentiary because of the mandatory serve time. They end up not doing much more or... Read more »

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1 Answer | Asked in Criminal Law for Kentucky on

Q: My friend is in court right now I first offense possession of heroin possession of meth possession of Contraband she

She has them to court twice already what opportunities to hire her own lawyer she does not have one this is the third time so proceedings must go on should she represent herself and plead not guilty?

Brendan Joseph McLeod answered on Mar 4, 2018

She is entitled to a public defender. Often, and I am mean always, there are private attorneys in the courtroom that day. If you had $250-$500 one would gladly help. The case, if like Jefferson County, would spread out over a long period of time waiting for KSP (Kentucky State Police) to finish... Read more »

1 Answer | Asked in Criminal Law, Education Law and Juvenile Law for Kentucky on

Q: Is possession of marijuana illegal on school grounds even if the person claims that they weren't aware of the marijuana?

For a mock trial in high school class, we represent the teacher who searched the bag and several other random student's bags. We believe there was reasonable cause.

Brendan Joseph McLeod answered on Mar 4, 2018

There is no criminal offense that is strict liability in Kentucky. You have to have known marijuana was on you and in school. I don't think it is enough to say, "yea, its mine. But, I swear I left it at home with my bong and album cover I use to de-stem my stash."

Being absent minded...
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1 Answer | Asked in Domestic Violence for Kentucky on

Q: I filed an EPO against my husband, but would like to drop it before the hearing. Is that possible?

I filed an EPO against my husband for both myself and our children and it was granted immediately. But I would like to drop it, because both of our children have severe low functioning Autism and it would be better for them to have both of their parents in their life, even if we aren't together.... Read more »

Brendan Joseph McLeod answered on Mar 2, 2018

It would be difficult. You are definately entitled to dismiss the EPO, but you would have to have access to the judge to ask the to do so. I don't know about Muhlenberg. You may have to wait until the court date.

1 Answer | Asked in Criminal Law for Kentucky on

Q: Has there ever been a case where someone has been given a pretrial diversion for a manslaughter or murder charge

We know two people who got a Pre trial diversion for their crime that should not have and the one done broke her pre trial diversion and got a slap on the wrist. We're trying to find out if there have ever been any cases where a pretrial diversion was given on manslaughter homicide or murder... Read more »

Brendan Joseph McLeod answered on Mar 2, 2018

Not manslaughter or murder, but reckless homicide probably. Manslaughter one and two in Kentucky are Class C and Class B felonies, respectively. Pretrial diversion is available only for Class D felonies in Kentucky. That would make it a Reckless Homicide.

1 Answer | Asked in Criminal Law for Kentucky on

Q: I had a misdemeanor charge for possession of marijuana. I'm eligible for expungement but...

I had a misdemeanor charge for possession of marijuana. I'm eligible for expungement but... I don't know what agencies to include on the expungement form. I'v been putting this off too long, and the people at the courthouse say they can't tell me.

Brendan Joseph McLeod answered on Mar 2, 2018

The clerks have a set of agencies which are written down and suggested for you. Depending on the arresting agency, say Louisville Police Department, LMPD. LMDC, KSP and AOC and CHFS. They don't normally include KSP, because they run the epungements, but I do.

I also place in the area...
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