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Questions Answered by Leland Hulbert
2 Answers | Asked in Criminal Law for Kentucky on
Q: If I have a misdemeanor warrant in Hamilton County TN will I be arrested in Jefferson County KY for it?

I don't know how a Commonwealth State works or even what it is. I want to do the right thing. The warrant was issued for a violation of order of protection in Chattanooga TN.

Leland Hulbert
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Leland Hulbert
answered on Feb 3, 2024

If you have an active warrant and you’re pulled over, you would be detained in Kentucky, and then Tennessee would be notified and they would have to decide if they want to come pick you up and bring you back to Tennessee. The process could take 30 days. My advice is to hire a lawyer in Tennessee... View More

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1 Answer | Asked in Criminal Law for Kentucky on
Q: If I do not have any prior criminal convictions? Do you mean in general or felonies

So what they did to me or how I was in fear for my life plays no role in this? I find that hard to believe.

Leland Hulbert
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Leland Hulbert
answered on Nov 14, 2024

I don’t understand your question. If you’re asking about self-defense, that is one issue if you’re asking about prior record, that is another issue. A prior criminal record can mean any prior misdemeanor of felony convictions.

1 Answer | Asked in Criminal Law, DUI / DWI and Car Accidents for Kentucky on
Q: My brother has a public defender he is currently in jail been 67 days under a 100,000 dollar cash bond

has not been to grand jury yet what should I do to get him released he has never been in trouble before this situation

Leland Hulbert
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Leland Hulbert
answered on Dec 6, 2023

Being in jail 67 days does not trigger any automatic release. He has to have been in jail more than 60 days from the day his Case left district court and went to the Commonwealth attorneys office for review. If you believe that is happened, I would hire a private attorney to follow motion... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Kentucky on
Q: Will a process server from a sheriffs officer arrest you if you have a bench warrant?

I’ve known about the bench warrant for a month now and am just now able to come up with the cash to get it paid for and the community service complete that goes along with it. I came home today and noticed a Process Server from our local Sheriffs department had left a note to call them on my... View More

Leland Hulbert
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Leland Hulbert
answered on Oct 6, 2023

Yes. A sheriff can arrest you. If you call them and ask them what it’s about they’re not going to know where you are and you don’t necessarily have to follow their instructions to turn yourself in. My advice would be to borrow funds and pay the bench warrant.

2 Answers | Asked in Criminal Law for Kentucky on
Q: Is it possible to obtain body cam footage from an arrest in kentucky as a non resident who isnt involved in said arrest?
Leland Hulbert
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Leland Hulbert
answered on Oct 5, 2023

It is possible for you to file an Open Records request. Louisville Police are veryslow in replying to these. So basically, you can file an Open Records request for 911 call and body cam but it’ takes time. It is. Supposed to be within three days, but that rule is often violated.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: How to prove wasn't trafficking

Charged with trafficking but wasn't had good amount in more then one bag. No scales pipe and lawyer says gather evidence wasn't trafficking. How?? How do u prove that what evidence???

Leland Hulbert
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Leland Hulbert
answered on Sep 12, 2023

I would not admit to the possession of drugs over the internet. Trafficking usually has to do with large amounts of drugs or buying/selling activity or large sums of cash. If none of those were present and you do not have any prior trafficking charges then they have a weaker case to prove... View More

2 Answers | Asked in Divorce and Family Law for Kentucky on
Q: If I file for divorce, win a major lottery prize & don't claim it until after the divorce...will I have to split it?

Will I have to split the winnings with my ex spouse if I wait until after the divorce is final to claim the prize?

Leland Hulbert
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Leland Hulbert
answered on Sep 12, 2023

Kentucky is a an equity state and a Court would have to determine what is equitable / fair for both parties. If the ticket was purchased and the lottery drawing was during marriage then she would likely be entitled to a percentage of the profits as the tickets were likely purchased with marital... View More

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Why am I being charged with trafficking and not possession??

I was pulled in parking lot cops came behind me gave me 3 different test they stopped between each one talked and then came back started again. I was arrested for DUI. Then search of car they got ounce of stuff and smoking utensil. Charged with trafficking. I wasn't though. Pointed lawyer said... View More

Leland Hulbert
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Leland Hulbert
answered on Sep 12, 2023

Typically the police charge trafficking and let the prosecutor sort it out later. If you are dealing with ounces rather than grams and there is other evidence (large sums of money, baggies, scales or they witnessed you on selling or transporting) then they often charge trafficking. I recommend... View More

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2 Answers | Asked in Criminal Law for Kentucky on
Q: If you area rat and got asked if you was or not and I say not would my word stand in the court of law
Leland Hulbert
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Leland Hulbert
answered on Aug 29, 2023

If you give a statement to the police, that statement can be used at trial to contradict your testimony.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Ok my brother is in a criminal case and the small town we live in are trying to drive him up we don't have money but tho

Thought u might could point in a direction of a pro bono layer

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Aug 20, 2023

If people do not have the funds to hire a private attorney, the court will appoint them a public defender. They are pro bono lawyers as they do not have to be paid by clients.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Can I be charged with tbut when I didn't have any of the stolen items?

I was charged with misdemeanor receiving stolen property. I handed item over to police. when I went to court I was told 10 days in jail or restitution, I choose restitution but then I've found out that I'm being made to pay back the entire amount of items that supposedly where stolen from... View More

Leland Hulbert
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Leland Hulbert
answered on Aug 9, 2023

You need to hire an experience criminal defense attorney immediately. If you did not commit any crimes other than buying an item at a yard sale, then you should not be charged with theft unless you definitely knew that item was stolen or you had a part in the theft.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can I get time out on shock probation credit towards my time if revoked w/out new charges?

Probation officer said that time can not be credited. Is this true?

Leland Hulbert
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Leland Hulbert
answered on Aug 8, 2023

Credits are within the discretion of the department of corrections, and granted by statutes of the Kentucky revised statutes. Since you are not incarcerated while released on shock probation, you would not get credit towards the days you have to serve it free vote.

2 Answers | Asked in Criminal Law for Kentucky on
Q: Federal lawyer request

I was arrested pulling ina friends motel room in the parking lot where I observed officers inside the room I was swarmed and told I had a trafficking warrant they found no drugs on my person placed me under arrest for this "said warrant " and confiscated my phone i asked for my property... View More

Leland Hulbert
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Leland Hulbert
answered on Aug 1, 2023

The fact pattern above is a little hard to follow. They would need to show you a copy of the warrant. The hotel owner or the renter of the room would be able to give them permission to search the room. They would only be able to search or detain you if they have probable cause and/or a warrant.

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1 Answer | Asked in Traffic Tickets and Criminal Law for Kentucky on
Q: I got a ticket for reckless driving and permit violation. I had my drivers test the next day. Am I looking at jail time?

I have a clean record but I got into a wreck the day before my drivers test. I didn’t have anyone with me while I was driving home to get documentation to take my test because I didn’t have anyone to take me or ride with me. I got charged with reckless driving and a permit violation. What... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 30, 2023

If you only got charged with a permit, violation and reckless, driving, you may not be looking at jail time. If they charged you with driving without an operators license, there is some potential. It also depends on your age and on your driving record. I would hire an experienced criminal defense... View More

2 Answers | Asked in Criminal Law for Kentucky on
Q: Me and my.nephew were charged with 1st burglary we were released on unsecured bond till waived to grand jury. He was

Just arrested on the indictment warrant but I wasn't. He sold the items at a pawnshop. I had a zippo lighter that I sold that wasn't involved in the burglary. Why haven't I been arrested would the grand jury meet at same time on same case

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 27, 2023

They would likely meet at the same time on the same case but the prosecutor had discretion to present the cases in different times. I would not disclose any facts or admissions on a public website like this. I would hire an experienced criminal defense attorney as soon as possible.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: I had a felony indictment get amended from circuit Court and put me back in district. what happens next
Leland Hulbert
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Leland Hulbert
answered on Jul 26, 2023

You should receive a court date in District Court, and the case will proceed as a misdemeanor and somewhat start over. I would hire an attorney to help you through this process.

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3 Answers | Asked in Criminal Law for Kentucky on
Q: if you aren't able to afford a private attorney, is there any actions an inmate can't take themselves when they aren't

released when they are supposed to be released according to the terms ofa plea bargin

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 19, 2023

You can attempt to file a Pro Se motion, but if you’re currently represented by a Public Defender the judge may not accept it.

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3 Answers | Asked in Criminal Law for Kentucky on
Q: if an inmate is offered a plea agreement and it isn't turned down by the judge but they don't get released when they are

suppised to but public defenders is useless what steps can that inmate take on their own to have this corrected

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 19, 2023

The question is a little confusing but they always have the right to hire a private attorney?

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2 Answers | Asked in Criminal Law and Identity Theft for Kentucky on
Q: If I just found out, I have a warrant can I go to the courthouse during typical arraignment times, and ask for summons

A former employee/business partner has accuse me of identity theft, even though mine, and he was also stolen and compromised at the same time but when the officer called me from her Facebook page, I refuse to go in without an attorney present, because it’s my business, and I didn’t want to take... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 19, 2023

No. If it is an arrest warrant, you can’t just appear and have it set aside yourself. You need to hire an attorney to attempt to have your Attorney argue for the Judge to set aside or convert the warrant.

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