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Questions Answered by Leland Hulbert
2 Answers | Asked in Criminal Law, Identity Theft and Internet Law for Kentucky on
Q: A perso i know used someone else bank account to pay my utility bill and now they want to charge me for it what do i do?

They sent out a warrant for my arrest because i didnt go and sighn a statement , witch i was going to because i thought he was using his money and i aggreed to pay him back with intrest.. he lied to me and now im in trouble..

Leland Hulbert
Leland Hulbert answered on Jan 27, 2022

Since you already have r a warrant you need to hire an experienced criminal defense attorney to try and get the warrant set aside and start fighting the case. I would also save any text, e-mail or social media communications you have had with the guy that fraudulently used the card.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Fist question is can an arrest warrant still be legal if the case which it is about is closed out

I have an outstanding absconding from parole warrant in which case I have served all the time it takes to be MRS eligible and paid my $15,000 in restitution in full and the case has since been closed out but now I have a family court case and can’t appear or I’ll be arrested on this warrant

Leland Hulbert
Leland Hulbert answered on Jan 22, 2022

If the warrant was generated before your parole expired then technically it could still be a valid warrant and you need to appear and get it taken care of. Realistically if you completed all your requirements you may not be asked to serve. It depends on the circumstances. I would contact an... Read more »

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2 Answers | Asked in Criminal Law for Kentucky on
Q: My husband missed a court date, is being charged with failure to appear/citation for a misdemeanor. What does that mean

He was to appear in court if he didn't have his fine paid.

Leland Hulbert
Leland Hulbert answered on Jan 22, 2022

He failed to appear. He wants to get this taken care of because it could restrict his drivers license depending on the charge.

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: I was pulled over for speeding 26 miles over, careless driving, failure to produce insurance card and no registration.

This happened Dec. 2021 in Jefferson County KY. I haven't had a speeding ticket since Apr. 2016 and I'm usually a careful driver with everything up to date. The citation is non prepayable and my court date is in Feb. What should I expect? Will my license be suspended or will I have to... Read more »

Leland Hulbert
Leland Hulbert answered on Jan 21, 2022

It depends on your speed. If it was more than 35 mph over the speed limit the Prosecutors will likely not amend it down and you will face a license suspension hearing where you will either have your license suspended or probated. i would hire an experienced Attorney.

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2 Answers | Asked in Adoption, Domestic Violence and Family Law for Kentucky on
Q: My daughters biological father is mentally unwell. He refuses medication or therapy…was in a domestic dispute around my

Daughter in July of 2021. He has not had contact since, and my daughter has attended therapy and has shown act of ptsd/trauma. She is just under 3. Can I have his rights terminated and/or have her adopted by my now fiancé? Thanks!

Leland Hulbert
Leland Hulbert answered on Jan 13, 2022

You can certainly take this matter to court and ask for sole custody. Terminating his rights against his wishes will be very difficult and typically not done unless a person goes to prison or they are extremely dangerous.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: The police officer who arrested me was later found to be corrupt. Can I get this case overturned.
Leland Hulbert
Leland Hulbert answered on Jan 11, 2022

It depends what happened on your case. If there is any evidence of corruption that led to a jury finding you guilty there is a chance you can file a motion to have it overturned. If you voluntarily pled guilty it would be more difficult for you to now get out of that plea.

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1 Answer | Asked in Traffic Tickets for Kentucky on
Q: Ticketed going 84 in 55. Is there any way of getting out of court? If not do I need a lawyer?
Leland Hulbert
Leland Hulbert answered on Dec 18, 2021

it is worth hiring a lawyer. They can cover for you in Court and can possibly get the ticket amended down to a lower speed that will allow you to take a class or go to traffic school to avoid points on your license.

1 Answer | Asked in Traffic Tickets and Criminal Law for Kentucky on
Q: What are my options if my 4th amendment rights were violated by an officer?

I was pulled over by an officer...he never asked for license, insurance, or registration and came to the passenger side of the vehicle then demanded me and my passenger to get out of the car without any probable cause. We said no and the officer snatched me out of the car through the window of the... Read more »

Leland Hulbert
Leland Hulbert answered on Dec 11, 2021

It depends if they had probable cause. If they had reason to believe you all were engaged in criminal activity well before you got pulled over when you got pulled over then they may have a right to do what they did. If this was in Louisville they likely have body cam and will show exactly how they... Read more »

2 Answers | Asked in Criminal Law for Kentucky on
Q: I'm out on bond and crashed my car into a ditch no arrest no charges what can I expect when I go to court??
Leland Hulbert
Leland Hulbert answered on Dec 4, 2021

If you were not charged and not believied to be under the influence and did nothing against the law then you should not have any issues with your bond.

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2 Answers | Asked in Criminal Law, Communications Law, Land Use & Zoning and Landlord - Tenant for Kentucky on
Q: I live in a apartment have rented this apartment for over a year. Today I was walking I took short cut and walked across

The neighboring apartment building the one directly beside mine. As I was doing so a couple of the people over there came out cussing me trying to fight me saying I was trespassing. I kept walking saying i was sorry I didn’t know and didn’t mean to upset anyone, while they continued to... Read more »

Leland Hulbert
Leland Hulbert answered on Dec 2, 2021

Technically it could be considered criminal trespass in the third degree if there are clear signs that this is private property or that you are in a housing development or section 8. If you were not charged by the police you likely don’t have anything to worry about.

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2 Answers | Asked in Divorce, Family Law and Estate Planning for Kentucky on
Q: In Kentucky...Father has passed, found out he did not change his beneficiary from his x-wife (divorced > 5 years)

He has 4 biological children and 1 adopted child. The wife wants the entire 250,000 life insurance and does not want the children to have any. His oldest son has been named administrator of the estate (no will) Do we have any options to have the life insurance split evenly upon the 5 children... Read more »

Leland Hulbert
Leland Hulbert answered on Dec 1, 2021

You would need to see if the divorce agreement between the parties mentions the life insurance and then you will need to contact and Attorney that specializes in trust and estate litigation.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Can I press charges on a 14 year old boy for pushing his thumb in my 12 year old sons throat ?

My son almost past out from the pressure of the other boys thumb on his throat.

Leland Hulbert
Leland Hulbert answered on Nov 19, 2021

You can contact the police. Assaults between juveniles are still against the law but it will likely be driven by the injury to your child. Was he take him to the doctor? Are there pictures of injuries?

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2 Answers | Asked in Sexual Harassment and Criminal Law for Kentucky on
Q: Is there a statute of limitations for a sexual crime commited as a minor in the state of Kentucky?

Crime occured 15 years ago, victim just disclosed the abuse. Abuse includes fondling on 2 occasions no additional sexual attempts.

Leland Hulbert
Leland Hulbert answered on Nov 8, 2021

Felony charges do not have a statute of limitations in Kentucky.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: How likely is it that someone may be given probation or house arrest instead of prison time?

My friend is currently in prison because he got his probation revoked in February of this year for being caught in possession of a firearm as a felon. He still has not been sentenced for the new charge of felon in possession of a firearm, he’s just been sentenced from the judge who revoked his... Read more »

Leland Hulbert
Leland Hulbert answered on Nov 8, 2021

In most cases in person on probation or parole who picks up new charges of the new class A, or C felony it’s not eligible for probation or parole on the new case. The only way he would be eligible for probation is if the prosecutor amends to charge to the class D felony which would typically be... Read more »

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: KY DL holder and received a speeding ticket in VA. According to the KY transportation site the points will not transfer.

Is there potential for insurance points to be accessed unless bargained down to a non-moving violation?

Leland Hulbert
Leland Hulbert answered on Oct 27, 2021

Insurance companies can run your record at any time and they have different protocols for raising your rates. My advice would be to always get a speeding ticket dismissed if you can.

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: Arrest for driving on suspension and WASNT in operation of the vehicle !

How could someone be arrested for driving on suspension if they aren’t operating the vehicle ?

Leland Hulbert
Leland Hulbert answered on Oct 23, 2021

It depends on the circumstances. If the police do not have any proof at all the person was at any time operating or driving the vehicle then they should not be charged. If the person was driving at a previous date and the police can prove they were driving they could be charged. This commonly... Read more »

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2 Answers | Asked in Criminal Law and Juvenile Law for Kentucky on
Q: Is a 17 year old allowed to fight a 14 year old? Isn’t a 17 year old considered a adult?
Leland Hulbert
Leland Hulbert answered on Oct 21, 2021

Under criminal law in Kentucky, anyone under 18 is considered a juvenile. It is illegal for any person, juvenile or adult, to injure another person by force unless they are using self-defense.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: He had pretrial the day after arrested. How many more court dates will he have?

Secondary questiin

Leland Hulbert
Leland Hulbert answered on Oct 21, 2021

It depends if it is a felony or misdemeanor. There can be multiple pre-trial conferences before trial. The number depends on the Judge, prosecutor and charges. If there is a plea of guilty or dismissal there will not be anymore pretrial conference but their could be future court dates.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: What is the court process for receiving stolen property class d felony in Kentucky.
Leland Hulbert
Leland Hulbert answered on Oct 21, 2021

A person will be charged. They will be given a date to appear in Court for arraignment. They will need to appear at all Court dates given that it is a felony charge. I strongly recommend that person hire an experienced criminal defense attorney.

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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 »

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