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Questions Answered by Leland Hulbert
1 Answer | Asked in Criminal Law and Traffic Tickets for Kentucky on
Q: Last Thursday I was pulled over for expired tags on my husband's van. Then the cop said my license was suspended.

The cop wrote a warning and told me to park the van. I went back to park the van but there was no place to park. There was an adjacent lot and one space which I attempted to park in.He pulled me over and arrested me while he was screaming at me. I called to find out the problem but the DL says they... Read more »

Leland Hulbert
Leland Hulbert answered on Jan 14, 2021

In the state of Kentucky there are multiple reasons a license can be suspended. Failure to appear in court, failure to pay court fines, failure to pay child support etc. There may be something old that has your license suspended but if the Kentucky department of transportation says it is active... Read more »

3 Answers | Asked in Child Support and Divorce for Kentucky on
Q: In divorce, he agrees to pay car pmt until its paid in full, then 125 a wk til child is 18, as support. Can we do that?

We have been separated since 9/27 and decided 12/12 that we're going to divorce. We are staying friends through this process. He said he would give me 125 a week in child support but i told him I'd rather he make the jeep pmt because i cant afford it by myself and if i have to let it get... Read more »

Leland Hulbert
Leland Hulbert answered on Jan 10, 2021

I would always advise to have an Attorney help prepare your agreement to make sure the Court will accept the terms. Child support is calculated pursuant to Kentucky Child Support Guidelines using the parents' income and other information. If the amount that you agree on for support is more... Read more »

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3 Answers | Asked in Car Accidents, Personal Injury and Criminal Law for Kentucky on
Q: My car was vandalized, rammed by the vandals and drove away after I blocked their path. Can I sue?

I was sitting in my car when two guys shot at my car with a paint ball gun. They were unaware I was in the car at the time and drove into a nearby fast food deive thru. I yelled at them to apologize for what they did and when they rejected that, I blocked them in the drive thru. They then rammed my... Read more »

Leland Hulbert
Leland Hulbert answered on Jan 10, 2021

Yes. You can contact a personal injury lawyer to determine what claims you may potentially recover on but yes if they were at fault and they caused injury to you you should be able to file a civil lawsuit.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Is it possible that my parole officer will let me and girlfriend live together?

I'm on parole in ky. She had a DVO put on me in 2016. The DVO is expired. The DVO expired 2 years ago. She has no felonies or criminal history. We are allowed to have contact. I'm on parole for a crime not related to this.

Leland Hulbert
Leland Hulbert answered on Jan 7, 2021

I’m not aware of anything that prohibits you from having contact with someone where a DVO is expired. Unless it was renewed, there is not a current enforceable court order.

2 Answers | Asked in Divorce for Kentucky on
Q: We bought a home after we married and I am on the deed but not the loan. During the time I remained in the home, he paid

the house payment and groceries and I was made to pay all other household bills out of my small disability check. After he put me out of our home he moved his girlfriend and her children into our home and her children damaged the upstairs tearing out walls. Am I entitled to anything on this home in... Read more »

Leland Hulbert
Leland Hulbert answered on Jan 5, 2021

It depends how long you were married and how long you lived in the home together but typically any assets and debts accumulated during the period of marriage are divided equally among the parties. If you bought the house together you would be entitled to half of the equity of the home that accrued... Read more »

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2 Answers | Asked in Criminal Law for Kentucky on
Q: What should I do before my court date in March if charges can be dismissed because I overdosed.

Pocession charges were made on me after I overdosed. How can I get them dismissed because of the Overdose Ammunity Law

Leland Hulbert
Leland Hulbert answered on Jan 2, 2021

Hire an attorney and they should be able to talk to the prosecutor and get the case advanced to an earlier date.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Can my pocession of herion charges be dismissed because of the Overdose Immunity Law?

I overdosed in my vehicle and parmedics were called and Narcan me and then the police search me and got me for pocession.

Leland Hulbert
Leland Hulbert answered on Jan 2, 2021

Under most circumstances yes but it depends on the facts. Here is the law..

to KRS 218A.133. That statute reads:

(1) As used in this section:

(a) “Drug overdose” means an acute condition of physical illness, coma, mania, hysteria, seizure, cardiac arrest, cessation of...
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2 Answers | Asked in Criminal Law for Kentucky on
Q: My daughter is charged with shoplifting under $500 with no prior offenses. How should she plea at her arraignment?

She is on medication for bipolar disorder and had forgotten her medication that day. She was experiencing a mental health episode. She has never been in trouble EVER and is terrified.

Leland Hulbert
Leland Hulbert answered on Jan 1, 2021

At arraignment Defendants plead not guilty about 95% of the time on misdemeanor and felony cases. The prosecutor could make an offer at arraignment to settle the case but typically they will want to subpoena the witness from the store and then make an offer on the second court date.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: What does 'SHOW CAUSE DEFERRED/INSTALLMENT PAYMENT' mean?
Leland Hulbert
Leland Hulbert answered on Dec 31, 2020

This term is used as an entry in the online court system to designate a date in which fines or costs or volunteer work etc. is due. If you see this entry and a date in the future that will typically be the day that things must be paid or completed. Normally a defendant does not have to show up on... Read more »

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1 Answer | Asked in Divorce for Kentucky on
Q: I am separated from my husband in KY. The divorce is not final but he wants me to immediately cancel my health insurance

Can he make me or can he cancel the insurace before the divorce is final? I thought there was a KY law that covers this issue but I have been unable to find it

Leland Hulbert
Leland Hulbert answered on Dec 29, 2020

I am not sure by your question if the health insurance is with his employer or your employer? You can cancel the insurance whenever you want to if it is in your name with your employer. He can't make you cancel your own insurance. You would have to inform your employer when you are... Read more »

1 Answer | Asked in Criminal Law for Kentucky on
Q: Two people with a previous charge were both on probation. Within the pfo laws they both were later in the same vehicle

And stopped. they were both charged with receiving a stolen fire arm by convicted felon one was charged and sentenced to probation or 5 for 5. The other was hit with a pfo but both charged with the same thing when arrested.

Leland Hulbert
Leland Hulbert answered on Dec 21, 2020

I don't understand your question. Are you asking why PFO was charged for one person and not the other? It may have to do with the length of time that has passed since their prior felony. The prosecutor has discretion to enforce the PFO or dismiss it or use it to help negotiate a plea deal.... Read more »

2 Answers | Asked in Contracts, Criminal Law and Legal Malpractice for Kentucky on
Q: I had a lease agreement for a storage unit that I had payed forward 2 months ahead. The owner of the unit broke into it

And got rid of it all. I had over $75,000 worth of everything I owned and bought over the past 23 years. I was not notified what so ever, I found out a week later when I drove there to get a few things out I needed and nothing was there anymore.. What can I do about it because that building was... Read more »

Leland Hulbert
Leland Hulbert answered on Dec 21, 2020

I would contact the police and get a police report on file. If you have proof the owner stole these items there may be felony charges filed and you could get criminal restitution for the amount that was stolen. If you believe it is a contract dispute you need to hire a civil attorney and discuss... Read more »

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2 Answers | Asked in Criminal Law for Kentucky on
Q: plead guilty to a pre-trial diverson felony criminal mischief, i believe the damage was a lot less.

the property owner just gave the prosecutor a dollar amt no estimate was asked for. I do not feel the public defender did her job in finding all the facts out. this could have easily been a misdemeanor. I am having difficulty securing employment because of the felony

Leland Hulbert
Leland Hulbert answered on Dec 21, 2020

The dollar amount should have been discussed as the amount must be over $1000 to be a felony. With that said, if you pled guilty you admitted that the amount was over $1000. If the value was well under $1000 you may be able to file a motion with the Court if a clear error or mistake was made by... Read more »

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Can B felon get HIP
Leland Hulbert
Leland Hulbert answered on Dec 21, 2020

A person charged with a Class B felony can receive Home Incarceration as their bond while awaiting trial. That happens fairly often. As far as getting home incarceration to a Class B felony plea of guilty that is very rare. If the person actually pleads to a Class B felony most of them are not... Read more »

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2 Answers | Asked in Criminal Law and DUI / DWI for Kentucky on
Q: I'm trying to get a identification card.. will the dmv check for warrants in Kentucky

It's a bench warrant for failure to appear I didnt no I had

Leland Hulbert
Leland Hulbert answered on Dec 21, 2020

The DMV does not use the Kentucky criminal warrant system so you would not be arrested. With that said, warrants in some cases can trigger a license hold or suspension and they may have a red flag in their system that will not allow you to receive a new license. Your best bet is to have the... Read more »

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1 Answer | Asked in Criminal Law for Kentucky on
Q: My bf was charged 4tg degree assault I was subpoenad for prosecuter if I say he didn'ttouche me then what

Ky commonwealth we got in fight I was at his house I knocked paint out of his hand. It went all over him he threw it kn me it went everywhere on my car I got scared got in my car thought it was in drive it was in reverse. I hit the side of his Mustang. I left bc I thought he was going to flip on... Read more »

Leland Hulbert
Leland Hulbert answered on Dec 8, 2020

If you have a subpoena you need to get in touch with the prosecutor or victim advocate and explain what happened. You can also call the Attorney for your boyfriend but you likely cannot talk directly to your boyfriend if there is a no contact order. You also have the option of hiring an Attorney... Read more »

2 Answers | Asked in Divorce, Family Law and Child Custody for Kentucky on
Q: I'm a stay at home mom with 3 young children, if my husband wants a divorce can he take my kids from me?

He controls all the money. We only have 1 car and wants to kick me out without my kids. I'm not leaving my kids. I have 2 that are still nursing.

Leland Hulbert
Leland Hulbert answered on Dec 5, 2020

In Kentucky there is a presumption that both parents should see the children 50% of the time and both parents should have joint custody and decision-making. That presumption can be overcome if one of the parties has problems like using drugs or it is not in the best interest of the children to see... Read more »

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3 Answers | Asked in Criminal Law for Kentucky on
Q: Can they really send my boyfriend to prison on a first violation of probation felony paper with no new charges?
Leland Hulbert
Leland Hulbert answered on Nov 17, 2020

A probation officer can file a violation report based on a number of violations that do not have to be new criminal offenses. The most common violation is absconding which means not showing up to your probation officer meetings or your probation officer cannot find you. Other violations that do not... Read more »

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2 Answers | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: In what situations are violent crimes (assault, battery, etc.) "thrown out" even when the def. admits to doing it?

Can an assalt case be dismissed by the judge if the prosecutor started an argument and hit first?

Leland Hulbert
Leland Hulbert answered on Nov 2, 2020

Once a charge has been filed by law-enforcement, the only person with the legal right to throw out the charges or set the range of charges is the prosecution through the grand jury process. The judge has the ability to dismiss charges during a preliminary hearing or jury trial if they feel that... Read more »

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Do all cases get trials even when there is 100% proof the defendan did a crime? But he says he wants 2 plead not guit
Leland Hulbert
Leland Hulbert answered on Nov 2, 2020

The right to a trial by jury is a constitutional right guaranteed to every defendant charged with a misdemeanor or felony in Kentucky. Approximately 95% of cases don’t go to trial and are settled by a plea agreement between the prosecution and the defendant But if the defendant pleads guilty he... Read more »

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