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Questions Answered by Leland Hulbert
1 Answer | Asked in Criminal Law for Kentucky on
Q: Possible outcome?

What is the possible outcome of my current charges wanton endangerment 1st fleeing evading 1st and reckless driving first? Im on ankle monitor and One prior arrest 5 years ago harassment physical contact no injury

Leland Hulbert
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Leland Hulbert
answered on Apr 21, 2023

There are a wide range of penalties with those charges. If you’re still in District Court, there’s a chance you could get a misdemeanor on the cases. If you’ve been indicted in you’re likely to get a felony, and if you’re not a prior convicted, felon, felony diversion would be your best... Read more »

2 Answers | Asked in Criminal Law for Kentucky on
Q: How long do the courts have to indict someone in the state of Kentucky? I know that they have 60 days if your still in

Jail but does that 60 days still apply if you’re out on bond?

Leland Hulbert
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Leland Hulbert
answered on Mar 22, 2023

Typically you have a year to indict under most general procedures of Prosecutor’s offices in Kentucky but you can always charge a felony. There are no statutes of limitations on felonies. There is a one you statute of limitation on misdemeanors but misdemeanors don’t get indicted by themselves.... Read more »

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2 Answers | Asked in Domestic Violence for Kentucky on
Q: My wife got an EPO on me. Last night her AirPods randomly connected to my iPhone. We have proof she drove by.

Will this help me in my DVO case?

Leland Hulbert
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Leland Hulbert
answered on Feb 23, 2023

If you are the one with the EPO charges against you, you are not allowed to have any contact with her. If you have contact you could be charged with violating an EPO and be arrested on a new criminal charge. She is not under any restrictions. She does not have an EPO against her from what you are... Read more »

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1 Answer | Asked in Criminal Law for Kentucky on
Q: I am on probation and recently became homeless. I applied for a transfer but was denied due to another convicted felon

Living at address. When I contacted my probation officer from other county she said I have 24 hrs to find somewhere else to go. I haven't found anywhere yet. Can she send police to get me or will there be a revocation hearing or what?

Leland Hulbert
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Leland Hulbert
answered on Feb 14, 2023

You need to communicate as much as possible with your probation officer. They may give you a break if you communicate well with them. If they believe you have violated, she could file a report, and then they would be brought before a judge, and he would be entitled to a revocation hearing in the... Read more »

2 Answers | Asked in Traffic Tickets for Kentucky on
Q: I’m 19 years old I’ve never had anything on my record I just got my first speeding ticket 68 in a 35 what will they do?
Leland Hulbert
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Leland Hulbert
answered on Feb 13, 2023

It depends what county you’re in. You need to hire an experienced defense attorney in that county. You may have an opportunity to knock it down and do a traffic safety program. You do not just want to walk in and plead to this ticket because you could lose your license.

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2 Answers | Asked in Criminal Law and White Collar Crime for Kentucky on
Q: Police raid my house without a warrant they kicked in the front door. Then asked if they could do a weapons sweep.

I said they could do a weapons sweep. I guess they took that as they could do whatever. They found a notebook and they are charging me with identity theft. This happened in 2018. They are just now charging me. Can they do that without a warrant. They have no body cam or anything

Leland Hulbert
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Leland Hulbert
answered on Feb 13, 2023

They can charge you with a felony anytime there is no statute of limitations. As far as the warrant issue, they would have to have a lawfully signed warren that they presented to you at the time. It sounds like there are definitely some legal issues with your case. You need to hire an experienced... Read more »

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3 Answers | Asked in Criminal Law for Kentucky on
Q: If my wife has a prior assault charge that’s expunged, can any assault after cause it to be brought up? Even if she lied

Her charge was 3 years ago. She recently filed an EPO and left that part out entirely. I’m wondering why she left that out. Can she be charged again?

Leland Hulbert
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Leland Hulbert
answered on Feb 5, 2023

An EPO taken out only talks about the facts of something that recently happened. A prior assault charge would not be brought up. An EPO is not a criminal charge. It’s a civil petition that’s taken out by a victim.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: I had a possession of controlled substance charge in Logan County Kentucky. I accepted a plea deal

My plea deal was 3 years probation and no treatment. My public defender told me if I went to trial I would be convicted. After doing some research of my own I have found evidence that I shouldn't even have been charged with possession. Me and one other person were charged with possession but... Read more »

Leland Hulbert
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Leland Hulbert
answered on Jan 29, 2023

You cannot withdraw your plea unless it’s very close in time to the plea itself and before you are sentenced. The only option you would likely have after pleading guilty is what’s called an 11.42 motion. That’s ineffective assistance of counsel. You would have to prove that your counsel made... Read more »

2 Answers | Asked in Civil Rights and Criminal Law for Kentucky on
Q: If someone is residing in a motel room, staff calls police due to marijuana odor. Police arrive and staff open door.

The police knocked but the elderly resident (65 yr old woman with 0 priors) is in bathroom and takes longer than they like to answer. Hotel staff key door and allow cops in. First question is this legal? They then found (allegedly in plain view) drugs.

Question 2: resident was visiting for... Read more »

Leland Hulbert
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Leland Hulbert
answered on Jan 27, 2023

A person does not have a normal expectation of privacy in a hotel room like they would in their own home so the entry in scenario one sounds legitimate. I would contact the police about the missing property. They have more power and resources to investigate and if they end up charging an employee... Read more »

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2 Answers | Asked in Consumer Law and Small Claims for Kentucky on
Q: I purchased a used 1999 Ford truck from private party in Kentucky. Although they said it would “make it “ the 3 1/2 hour

Fraudulent listing on marketplace fraudulent mileage. Nothing works, states 1 owner. I’m the 10 th!! Mileage is less than in 2016. Frame is full of holes and rust. I’ve driven it 6 miles. I’m 64 and on a fixed income and boy am I stupid!! I’m out 2k for the truck $700 for uhaul , hotel... Read more »

Leland Hulbert
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Leland Hulbert
answered on Jan 19, 2023

You should be able to sue him in small claims court in the county where the transaction took place. Save all your records and communications with him. You can hire a lawyer, but that may end up costing you more than the car is worth. They have small claims packets at the courthouse so you can file... Read more »

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: No Insurance, Expired Tags, and License to be in Possession.

I was pulled over, due to having expired tags. My fiancé was the driver (while I was in the passenger seat) and my fiancè did not have their license on them. After the State Trooper asked for my proof of insurance, I was unable to provide that as I am not ensured (I did not notify the State... Read more »

Leland Hulbert
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Leland Hulbert
answered on Jan 16, 2023

I would hire an experienced attorney and your chances of getting a better outcome on the case will be improved. There are many factors including previous driving record etc. I don't think jail is likely but there can be license suspension and fines. Jail typically only comes into play if... Read more »

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: I got a ticket for speeding 20 mph over. I missed my court date, what should I do?
Leland Hulbert
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Leland Hulbert
answered on Jan 16, 2023

Call an attorney and have them get your case back on the docket. Depending on the county and your driving record you may be eligible for a local driver license program online or state traffic school. If you don't address missing court your license can be suspended.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: I owe a lot of restitution and I have a showcase court date what does that mean?
Leland Hulbert
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Leland Hulbert
answered on Jan 8, 2023

It is a show cause court date. That is for you to show how much you have paid and in some cases is for you to show that you’ve paid in full. It depends on your case and the terms you negotiated.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: If I have a warrant in Texas for violation of probation, can I get an identification card in Kentucky?
Leland Hulbert
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Leland Hulbert
answered on Jan 6, 2023

You can go to a drivers license division and attempt to get an ID card in Kentucky. I don’t believe they have access to the national warrant system. With that said if you have a warrant out of Texas and you get pulled over for any reason by law-enforcement you could be locked up immediately.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: How long does prosecution have to respond after shock has been filed?
Leland Hulbert
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Leland Hulbert
answered on Jan 5, 2023

If a motion for shock is filed the Judge can deny the motion immediately or set it for a hearing. The prosecution does not have to respond but they will likely appear at the hearing and oppose shock probation unless there was a prior agreement.

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: I have court coming up and this is my 3rd time there for speeding. Will I do jail time??

I wasn’t speeding the 2nd or 3rd time, and I don’t have a license because I’m waiting for my green card (very long process), I feel targeted. I pay all the fines, but I’m worried I will go to jail this time since it’s my 3rd court date for the exact same offense (speeding)

Leland Hulbert
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Leland Hulbert
answered on Jan 3, 2023

You cannot go to jail for just speeding. If you have any other charges it is possible. If you are driving on a suspended license you are certainly at risk. I would hire an experienced attorney to help you.

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2 Answers | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: My son, who is a juvenile was arrested and I was not notified I had to find him, can I sue
Leland Hulbert
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Leland Hulbert
answered on Jan 2, 2023

It’s not likely that you can sue law-enforcement for juvenile arrest unless the police use excessive force or he was taken to another county or you were not notified for 48 hours or more.

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2 Answers | Asked in Criminal Law and Civil Rights for Kentucky on
Q: What are the laws on a Speedy Trial in Kentucky?

I have had my trial continued 2 times and it's been drawn out for 2 years. I feel like my right to a speedy trial is being ignored.

Leland Hulbert
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Leland Hulbert
answered on Jan 1, 2023

The right to speedy trial is within 180 days if you’re being held on another case. If you only have one case and you agree to continuances then you’re right to speedy trial is not invoked. You need to talk to your attorney. On circuit court trials they typically take 1 to 3 years. Covid has not... Read more »

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2 Answers | Asked in Traffic Tickets and DUI / DWI for Kentucky on
Q: How can I get my license back after 5,yrs ? Paid fines.

My license was suspended and I have never gotten them back. Can you advise?

Leland Hulbert
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Leland Hulbert
answered on Dec 28, 2022

I would start by going to the Dept Of Transportation website and getting a driver record. If it looks clean and you should be able to go to the drivers license branch to get a new license. If it’s not clean you can call them and they should be able to tell you what is wrong.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Used cash advance app and did not repay. A few months later, created new account and withdrew another $115.

Can this be held against me legally ? I regret it and plan on paying back but am worried

Leland Hulbert
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Leland Hulbert
answered on Dec 29, 2022

If you have borrowed money from a company, person or app you could be obligated to repay the debt. If this is from a company then they will likely turn your case over to collections and that could negatively impact your credit. I would contact the company and pay the debt,

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