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Questions Answered by Leland Hulbert
2 Answers | Asked in Criminal Law for Kentucky on
Q: Could someone that is not aware of epo be arrested in court once they are served if they haven’t violated epo?
Leland Hulbert
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Leland Hulbert
answered on Sep 13, 2022

They can only be arrested in court if there were prior orders in place on another case or a previous EPO. If they are just being served with the paperwork and had no knowledge of the restrictions they cannot be arrested for only violating those restrictions.

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2 Answers | Asked in Criminal Law and Civil Rights for Kentucky on
Q: Can a prosecutor contest a psychological exam that deems a defendant mentally incompetent to stand trial?

There is an hour long video of the full incident. The defense is pushing for a state of mental distress during that time and saying that a mental health condition caused them to behave that way.

Leland Hulbert
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Leland Hulbert
answered on Sep 13, 2022

Yes. Typically in these type of cases a competency evaluation is performed and once the results are in there is a competency hearing. Both the prosecution and defense argue their position and the judge ultimately decides the issue.

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2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Kentucky on
Q: Can a person go to jail for an epo/dvo if they didn’t violate and if they didn’t get served
Leland Hulbert
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Leland Hulbert
answered on Sep 13, 2022

If they were never served at all then they had no notice of the restrictions. If they have a prior EPO or DVO that has restrictions in place and they violated a warrant can be issued for their arrest based on a new criminal charge of violating an EPO/DVO. An EPO or DVO by itself is a civil case but... Read more »

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2 Answers | Asked in Domestic Violence and Family Law for Kentucky on
Q: My daughter just turned 18 and just needs to know if she has been abused her whole life can she press charges

My daughters fathers girlfriend is the one who abused her and the father knew about it we are

Sure of my daughter wants

Justice

Leland Hulbert
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Leland Hulbert
answered on Sep 12, 2022

The short answer is yes. There is no statute of limitations for felony offenses in Kentucky. She should contact law-enforcement and they can help her with this process.

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: What happens if I was ticketed for speeding in KY and don't have proof of vehicle registration, but it wasn't my car?

I was driving my friend's car through Kentucky last year and got pulled over for speeding. She didn't have her vehicle registration. I was not given a fine, but told I'd have to watch an online training and provide proof of registration. By the time I went to do so, my friend... Read more »

Leland Hulbert
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Leland Hulbert
answered on Sep 1, 2022

You can hire a lawyer and have them present proof to the Court that the vehicle was registered in someone else's name. You should be able to get some sort of record from Ohio Department of Transportation.

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: If I plead guilty in 2021 and I can’t exsponge until 2027, is there anyway I can get it remove before then

If I plead guilty in 2021 and I can’t exsponge until 2027, is there anyway I can get it remove before then And get it off my background, I heard from a few people that an lawyer can go through and try to get it remove by maybe reopening the case or something like that is this right?

Leland Hulbert
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Leland Hulbert
answered on Aug 19, 2022

You may be able to petition the court after five years from the date of plea to expunge the case. You could also try getting the plea set aside but that is unlikely.

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2 Answers | Asked in Employment Discrimination and Criminal Law for Kentucky on
Q: So Aerotek in Louisville has a race problem it's ok for a white woman to yell at a employee I guess cause I'm black

So I email another recruiter and she emailed me back saying I can't do work with you cause you yelled at Angie so I'm fired due to a white woman yelling at me for asking for another zip code assignment like I'm post to but it's out her zip code but why is my new being slandered... Read more »

Leland Hulbert
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Leland Hulbert
answered on Jul 28, 2022

I would contact and Employment Lawyer. I do not see any potential criminal charges unless there were threats of violence or abuse.

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2 Answers | Asked in Criminal Law and Products Liability for Kentucky on
Q: Hello, I'm an 18 year old highschool student and have stole 70 dollars worth of food from Walmart and was caught.

What should I do?

Leland Hulbert
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Leland Hulbert
answered on May 19, 2022

I would not admit to any wrongdoing on a public Internet website. If you have a pending case and you have been charged I would contact an experienced criminal defense attorney.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: My friend has seen pretrial but they have yet to give him a bond and he has metal plates all down his spine

He has never had a drug charge and he has to wear a glove on his hands bc the nerves are dead due to his accident last year. He was electrocuted and fell 60 ft. They haven't set a bond yet for him. I can't get any answers his wife and I want to hire someone to get him a bond did we can... Read more »

Leland Hulbert
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Leland Hulbert
answered on May 9, 2022

You can hire an experienced criminal defense attorney at any time to look into this matter and get you some answers about your friend's bond.

1 Answer | Asked in Criminal Law for Kentucky on
Q: My friend is sitting in jail with no criminal record since last night and has. no bond. What can I do?

Possession of meth bc k9 found drugs in vehicle when he was pulled over for registration tags

Leland Hulbert
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Leland Hulbert
answered on May 9, 2022

Your friend should have a bond set within 48 hours of being arrested. I would check with the jail or jail website to see if he now has a bond.

2 Answers | Asked in Criminal Law and Family Law for Kentucky on
Q: My son a daughter we jumped by a bunch of kids their age and older when I called the police they wouldn't file charges

My kids had Mark's and I took them to the er for further evaluation. Can anything be done about these kids jumping mine. I even had a witness to the whole thing and the refused to speak to her

Leland Hulbert
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Leland Hulbert
answered on Apr 29, 2022

Fights happen all the time among young children and the police don’t always file charges unless there are weapons used. Your only other option is to go to the county attorneys office with witnesses and proof and try to file charges through the Warrant Intake process. You could also file a civil... Read more »

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2 Answers | Asked in Criminal Law for Kentucky on
Q: If I’m 18 and my girlfriend is 15 and doesn’t want charges filed on her behalf, can she chose to have them dismissed?

I don’t want to disclose details, I’m just wondering if she can chose to not have them filed for her, or if she decides she does not agree can her guardian still file on her behalf if she is capable of making the decision?

Leland Hulbert
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Leland Hulbert
answered on Apr 13, 2022

If charges have been filed the victim in a case cannot decide by herself to have them dismissed. It’s up to the prosecutor. Input from the victim will always be taken into consideration by the prosecutor and obviously if the case is taken all the way to trial and the victim testifies to help the... Read more »

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2 Answers | Asked in Criminal Law for Kentucky on
Q: What is the probability of getting parole in ky for possession of drug unspecified tampering with Physical evidence

Bail jumping sentenced to 5 years going up for parole April first no behavior issues in jail and no other felony charges

Leland Hulbert
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Leland Hulbert
answered on Mar 24, 2022

Parole is never guaranteed and it depends on many factors other than just your charges. Your chances of parole are good if you have no prior record, you are not convicted of violent offenses and you have had good behavior and taken advantage of classes in prison.

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: If the officer puts you as the wrong race or ethnicity can the speeding ticket be dismissed?

Thank you for your response, It wouldn’t be considered incorrect information only “minor error”?

Leland Hulbert
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Leland Hulbert
answered on Mar 23, 2022

No. If the ethnicity is incorrect it would be considered a minor error.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: I was charged with shoplifting from Walmart and they are asking me to do ten days , this is my first time being charged

This is my first shoplifting charge and they broke into my dads house then walked into his house to arrest me

Leland Hulbert
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Leland Hulbert
answered on Mar 22, 2022

What are you asking. If it’s just shoplifting and it’s a low amount typically they would not ask you to do 10 days. They would also not come to your home and break in to try to arrest you. If there are more circumstances or a higher dollar amount those steps are possible. I would hire an... Read more »

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Associate steals from Walmart ap takes them to the back and fires them but didn’t call the cops? What happens next?
Leland Hulbert
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Leland Hulbert
answered on Mar 14, 2022

The statute of limitations on misdemeanor theft is one year. The statute of limitation on felony theft is unlimited. With that said, it sounds like Walmart is satisfied with the firing and I would not expect criminal charges to follow unless there was a very high dollar amount of theft.

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2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Petitioner is contacting me would that be her violating the no contact order?
Leland Hulbert
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Leland Hulbert
answered on Mar 3, 2022

The only person that is under a court restriction in an EPO case is the respondent. You can use these attempts to contact you at a hearing but you should not contact her back under any circumstances. If you hire an attorney they can contact her.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: How likely is it to go to jail for criminal littering? And what would be the punishments?
Leland Hulbert
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Leland Hulbert
answered on Mar 3, 2022

It is very unlikely you will go to jail for this crime unless you miss a Court date or the Littering was extreme and caused a lot of damages to property.

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2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: No contact epo Petitioner is contacting the respondent.? What do I do..?
Leland Hulbert
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Leland Hulbert
answered on Mar 3, 2022

If you are the petitioner and you are being contacted by the respondent and you can prove the contact you need to go to the county attorneys office or call the police. If there is an active EPO and a person is contacting you that is a new misdemeanor charge of violating an EPO.

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