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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 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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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
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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, Domestic Violence and Family Law for Kentucky on
Q: Does the “no contact” rule on a DVO only apply to the abuser (the person who committed the abuse)? I’m in KY

DVO issued, he was charged and is sentenced to 2 years in prison.

Leland Hulbert
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Leland Hulbert
answered on Jul 9, 2023

Typically, in a domestic violence order, the abuser can have no contact with multiple people, including significant others and children. People who are victims or not under a no contact order. It sounds like if he went to prison for two years, he was also charged with crimes, which are far more... View More

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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... View 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.... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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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