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Questions Answered by Leland Hulbert
1 Answer | Asked in Criminal Law for Kentucky on
Q: Weird sentence in Kentucky criminal cases

I do prison ministry. I have a KY inmate sentenced in 3 cases 10, 8 ,& 3 year sentences. 8 and 10 are consecutive but the sentence order has the 3 on both the 8 & 10, concurrent on the ten but consecutive on the 3. (I have a copy of the order). This seems to me to either be absurd or... Read more »

Leland Hulbert
Leland Hulbert answered on Oct 6, 2021

It’s a little bit confusing but he can contact the department of corrections or you can contact the prosecutor who made the deal. If there’s multiple jurisdictions and multiple pleas sometimes the wires can get crossed but he should not be serving double time. Under Kentucky law though if he is... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: Can I purchase a firearm with misdemeanor

I have a wanton endangerment 2nd degree

Leland Hulbert
Leland Hulbert answered on Oct 5, 2021

If the Wanton Endangerment is pending and has bond restrictions against purchasing then no. If it is a conviction and it was domestic violence then no.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Help finding a lawyer that will represent me and my codefendant which is my boyfriend. we are charged the same
Leland Hulbert
Leland Hulbert answered on Oct 4, 2021

Lawyers can represent both of you as long as you don’t have any defenses that are opposing to each other and as long as you both waive your right to separate counsel. This can work for cases in the beginning but if they progress or go further or especially go to trial you will need separate... Read more »

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1 Answer | Asked in Criminal Law and DUI / DWI for Kentucky on
Q: Can time spent in jail count towards both cases if they are related?

My friend who was on probation was arrested in February of this year and was caught with a firearm (as a felon), DUI, and failure to maintain car insurance. After he was already in jail for this, the judge who originally put him on probation put out a warrant on him for probation violation. This... Read more »

Leland Hulbert
Leland Hulbert answered on Oct 4, 2021

Under Kentucky law new felonies must run consecutive if picked up while on probation. His credit should only be applied to one case but ultimately it’s up to the calculations by the department of corrections after he is sentenced.

2 Answers | Asked in Domestic Violence for Kentucky on
Q: If I am eligible to expunge a domestic violence misdemeanor , how long does the process take?
Leland Hulbert
Leland Hulbert answered on Sep 20, 2021

You would be eligible if the charges are dismissed. If they have been dismissed you may hire an attorney or go to the clerks office to file the paperwork 60 days after dismissal.

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: My husband got his first ticket. 82 in a 55 (in Ohio) but we live in KY. ticket is $200

We were told to send a check to pay for the ticket but weren’t told about a hearing or anything. Will he lose his license?

Leland Hulbert
Leland Hulbert answered on Sep 19, 2021

Your best bet is to contact a lawyer that is licensed in Ohio and practices regularly in the county where he received the ticket.

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Kentucky on
Q: Can an officer charge you with possession after the vehicle gets to the impound lot and he goes later and "searches" car

After the vehicle sat there after first tow truck "couldnt haul it" then another tow driver hauled it to their tow yard and seen my guns in my vehicle and called the officer and had him come back out to his tow yard and then they supposedly did a search and found "drugs!" While... Read more »

Leland Hulbert
Leland Hulbert answered on Sep 16, 2021

Inventory searches are semi-protected under the law. It really depends on the facts and what probable cause the police had and if anything was in plain view. I think you need to hire an experienced criminal defense attorney immediately.

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2 Answers | Asked in Criminal Law and Public Benefits for Kentucky on
Q: I have a court hearing coming up that says "Show cause deferred/installment payment". What does this mean?

My restitution on this case is over 33,000 but I have paid over 9,000 on this cause in the past 3 years. Will the judge put me in jail because it's not paid in full by the time I go to court?

Leland Hulbert
Leland Hulbert answered on Sep 11, 2021

It depends on the judge and it depends how much you have been paying lately. Normally judges will be lenient if you’re doing the best you can but if you refused to pay or haven’t paid a lot in the last few months they could give you an ultimatum and say you have to pay X amount with a a certain... Read more »

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2 Answers | Asked in Criminal Law and Probate for Kentucky on
Q: Cops pulled me and my friend over because he didn't use a turning single but they were following us from five star

Cops pulled me and my friend over because he didn't use a turning single then follow me up to my apartment and searched but didn't have a warrant and they found 3 meth pipes and meth on a plate and took pictures but didn't arrest me was I charged? What will happen? They had no... Read more »

Leland Hulbert
Leland Hulbert answered on Sep 11, 2021

You need to hire and experienced criminal defense attorney to call the police. Narcotics detectives do this kind of thing all the time they try to shake people down to go after the bigger fish in the drug chain. If you allow them to search your apartment then they can search. If you told them they... Read more »

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Who is responsible for transporting inmates to court if they are being held in another county?

My friend was sentenced to 3 years in our county but was relocated to a county jail 2 1/2 hours away after briefly being held in lmdc immediately after sentencing. He has a shock probation hearing on Tuesday (9/7) but again the county jail he’s at is 2 1/2 hours away. He has been trying to ask... Read more »

Leland Hulbert
Leland Hulbert answered on Sep 5, 2021

The department of corrections has complete control over these matters. Either the housing county has to bring him or there has to be transportation initiated from the county of the hearing. There’s been a lot of problems over the last year with Covid and certain counties not wanting to receive... Read more »

2 Answers | Asked in Domestic Violence for Kentucky on
Q: His public defender quits the public defenders office. The defendant is in jail and can’t find any court dates.

Lawyer was going to see about getting case thrown out and now we have no idea what’s going on. When he called another lawyer they looked and he has no scheduled court dates for this case, but told him $1500 and he would get him a court date. We don’t have the funds for that right now so what... Read more »

Leland Hulbert
Leland Hulbert answered on Sep 4, 2021

I am not sure what you’re asking. If a lawyer couldn’t find his name there may be a misspelling or a different first or last name that it’s under. If a public defender quits the office you can always hire a private attorney.

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2 Answers | Asked in Criminal Law, Family Law and Sexual Harassment for Kentucky on
Q: I was abused as a child I'm now an adult how do I access those records

This was from 1981how do I find out what happened?

Leland Hulbert
Leland Hulbert answered on Sep 3, 2021

Are you talking about Court records, police records or medical records? For Court records I will go to the county circuit court clerks office and they may be able to find the records or get you some case information.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: How do i summit a motion before the judge? to get a bond lowerd without a attorny
Leland Hulbert
Leland Hulbert answered on Sep 2, 2021

Only a criminal defense attorney (private attorney or public defender) or the defendant can make the motion. You most efficient and fastest route is hiring an experienced private attorney.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: How do i get a bond lowerd on 2 counts of traffiking meth under 2 grams and organized crime? Never Been in trouble befo

how do i get there bond lowerd they have 47,000 in the bank but have to get out to get there money

Leland Hulbert
Leland Hulbert answered on Sep 2, 2021

You can get a bond lowered by making a motion before the judge. You can also have an experience defense attorney discuss the case with the prosecutor. If they are trying to get money out of the inmates bank account the inmate can sign a power of attorney allowing a relative to withdraw that money... Read more »

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2 Answers | Asked in Criminal Law for Kentucky on
Q: How many attempts will one county make to your residence to execute a warrant from another county.
Leland Hulbert
Leland Hulbert answered on Aug 31, 2021

That is completely up to that County and their resources and the type of case. Typically the more serious the case the more often they will come to your house. The warrant will also be entered into a database and served on you whenever you get arrested or stopped by the police.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: If you were given the keys to a vehicle and did t return it when you were supposed can you be charged with grand theft
Leland Hulbert
Leland Hulbert answered on Aug 30, 2021

If you are asking about Kentucky Law "grand theft" is not a crime. If the car was not returned it would be theft of an automobile and the classification of offense would depend on how much the car is worth. If you are in a state other than Kentucky you would need to consult a lawyer in... Read more »

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2 Answers | Asked in Criminal Law for Kentucky on
Q: I learned that my attorney filed a Motion to Suppress without discussing it with me first.

I learned than my attorney filed a Motion to Suppress a key issue with my case, but It was never discussed with me. He is keeping this information from me for some reason. I feel he has breached my trust and I need to find a new Attorney. Does this sound reasonable? Should it not be common... Read more »

Leland Hulbert
Leland Hulbert answered on Aug 27, 2021

If your attorney filed a motion to suppress that is likely going to help you. Your attorney is free to fire you and you are free to fire your attorney at any time but you should definitely have a conversation with them before doing so.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: I put a personal item i found in the gas station parking lot, on the counter inside as to turn it in, then walked away.

I never looked inside as it wasn't mine. I got the items I went to gas store for, paid, and left. If there was something illegal in the pouch, can I be charged when all I was doing was turning it in so it would hopefully be returned to it's rightful owner?

Leland Hulbert
Leland Hulbert answered on Aug 26, 2021

You are not likely to be charged. Technically it’s possible to charge you with possession even if the possession was brief but I’m sure there is video surveillance at the gas station. Someone would have to report you and the police would have to investigate. It doesn’t sound like you have too... Read more »

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2 Answers | Asked in Criminal Law for Kentucky on
Q: A warrant was filed on my husband for failing negative for THC for pretrial program he was arrested what is goi happen

My husband is being accused of Watton endangerment 1st degree (our landlord tried to have a old school vehicle that we previously had permission to be parked in our driveway where we rented towed) we were confused when woke up to the maintenance man knocking on our door saying we'd been... Read more »

Leland Hulbert
Leland Hulbert answered on Aug 25, 2021

Your question is a little bit confusing but generally marijuana will result in a bond violation. It’s up to the judge what to do with that violation. I would hire an experienced criminal defense attorney to discuss options with the prosecutor.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Is there a website I can search detailed documents of court cases in McCracken county kentucky at no charge
Leland Hulbert
Leland Hulbert answered on Aug 23, 2021

I would call the McCracken County clerks office and they should be able to tell you what resources are available online. You can always go to the courthouse and request a file and make copies of documents in public cases.

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