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Questions Answered by Leland Hulbert
2 Answers | Asked in Criminal Law for Kentucky on
Q: Not for sure what to do

I was informed that the judge residing on my case uses a family member of mine to clean his house. I didn’t know if this is something I should bring up or not

Leland Hulbert
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Leland Hulbert
answered on Jul 17, 2023

You can bring it up to your attorney if you want to, but I don’t think it would be a conflict they would recuse or remove the judge from the case.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: My case got waived to Grand jury on 5/10/23 when would the deadline be on indictment

I'm on ankle monitor and home confinement

Leland Hulbert
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Leland Hulbert
answered on Jul 12, 2023

If you are on home confinement or in jail, they Commonwealth has 60 days from the day your case was waived to the grand jury in which to indict you. If you are not indicted in 60 days, your Attorney should file a motion to release you off Home Incarceration.

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2 Answers | Asked in Criminal Law and Real Estate Law for Kentucky on
Q: Trash company took a can from my property that I've had for 1.5 years without my knowledge. Trespassing and theft?

Originaly a waste management can. Was on property when I bought the house in 2022. I tool ownership of the can since it was left behind and have been using it for trash pickup with another company for almost a year and a half. Yesterday that can mysteriously went missing from my driveway

Leland Hulbert
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Leland Hulbert
answered on Jul 11, 2023

I don’t think you’re going to find any prosecutor that will charge them with criminal trespass. I would contact the company if you want to get some relief.

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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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2 Answers | Asked in Criminal Law for Kentucky on
Q: Brother arrested on recieving stolen property over 10000, paraphernalia, and trafficking. Why does the officer have wal

Officer has wallet, and why hasn't he been charged with all the other stuff they found?

Leland Hulbert
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Leland Hulbert
answered on Jun 5, 2023

We will need more information to answer your question. Officers generally have a right to seize property if related to the crime.

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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 and Identity Theft for Kentucky on
Q: Is it identity theft if a person gives permission for a utility bill to be in their name and then also live at address

I was told my son who is 20 has an open investigation on me over his credit brcaose of some utility bills in his name, if he gave permission for saod bills, then that's not illegal correct?

Leland Hulbert
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Leland Hulbert
answered on Apr 13, 2023

I don’t understand you’re a fact pattern. It would only be identity theft if someone tries to assume an identity or get a benefit from using another persons identity.

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: I forgot to pay my court costs and fine for a traffic violation in Kentucky what do I do now?
Leland Hulbert
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Leland Hulbert
answered on Apr 9, 2023

It depends on the county you’re in. Most counties you can just send someone else to pay, but if a bench warrant was issued, you may have to hire an attorney to take care of it.

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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 Criminal Law for Kentucky on
Q: can rent a center come into your house while youre in jail to steal property youre paying on, WITHOUT your permission

my mother was in jail for no more than 12 hours, i got a call from rent a center asking me for a key to her house to take the items shes paying for. theres no way thats legal and i need to see if theres anything i can do in this situation

Leland Hulbert
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Leland Hulbert
answered on Mar 19, 2023

They cannot break into your home and take items. They would need a Court order to forcibly remove items but they can file a lawsuit or request criminal charges if a person is holding their property and payment is past due.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: If I shoot somebody and get convicted of aggravated assault and that person dies can they still convict me of murder
Leland Hulbert
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Leland Hulbert
answered on Mar 14, 2023

Technically yes, but it is not likely. You also wouldn’t be convicted of murder, until they prove it at trial or you take a plea.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: How can I take care of an active warrant on a closed case?
Leland Hulbert
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Leland Hulbert
answered on Mar 6, 2023

I would hire an experienced attorney who practices in the county where your warrant is. He or she should be able to help you communicate with the prosecutor, and get the warrant, set aside and reappear before the court.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: I got put on diversion last year March 20th. I looked to check to see if I have any court dates come up and it says

I have a court date for diversion on March 20th why would I have to go back to court for my diversion is it completed now and they are dismissing it or what is going on?

Leland Hulbert
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Leland Hulbert
answered on Feb 28, 2023

The court date is likely for the case to be dismissed. You don’t necessarily have to attend, but I would have your attorney attend to make sure that it goes through.

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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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2 Answers | Asked in Divorce and Family Law for Kentucky on
Q: Me and my wife have been separated for a yr. She moved out,can she still come to the house whenever she wants?

We have been separated for a little over a year, she moved out and has been living in another County for almost that length of time with another man, can she just show up to our home whenever she wants even to get her remaining clothes or whatever else?? She seems to think she can just because her... View More

Leland Hulbert
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Leland Hulbert
answered on Feb 16, 2023

She would be entitled to come back to the house, unless there is a court order, saying she is not. If you are having issues over property, division and money, and her returning to the home, I suggest you hire a lawyer and file for divorce or if you’ve already filed for divorce file a motion in... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Probate for Kentucky on
Q: I'm on parole in Kentucky and I don't feel that the officer's are working to help me I want to go to rehab and contact

Them after I get their due to being afraid they are just gonna lock me up instead of agreeing with going to rehab and allowing me.

Leland Hulbert
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Leland Hulbert
answered on Feb 14, 2023

You need to work with your officer. If you go off the grid they can arrest you. Probation and parole is in charge with supervising you and you have to abide by their rules and their timetable.

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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
PREMIUM
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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2 Answers | Asked in Domestic Violence for Kentucky on
Q: Can I get my domestic violence charges expunged from my record they are 13 years old
Leland Hulbert
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Leland Hulbert
answered on Feb 7, 2023

If they are felony convictions for domestic violence or DVOs they may not be eligible for expungement

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