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Questions Answered by Leland Hulbert
2 Answers | Asked in Criminal Law for Kentucky on
Q: I owe a lot of restitution and I have a showcase court date what does that mean?
Leland Hulbert
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Leland Hulbert
answered on Jan 8, 2023

It is a show cause court date. That is for you to show how much you have paid and in some cases is for you to show that you’ve paid in full. It depends on your case and the terms you negotiated.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: If I have a warrant in Texas for violation of probation, can I get an identification card in Kentucky?
Leland Hulbert
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Leland Hulbert
answered on Jan 6, 2023

You can go to a drivers license division and attempt to get an ID card in Kentucky. I don’t believe they have access to the national warrant system. With that said if you have a warrant out of Texas and you get pulled over for any reason by law-enforcement you could be locked up immediately.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: How long does prosecution have to respond after shock has been filed?
Leland Hulbert
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Leland Hulbert
answered on Jan 5, 2023

If a motion for shock is filed the Judge can deny the motion immediately or set it for a hearing. The prosecution does not have to respond but they will likely appear at the hearing and oppose shock probation unless there was a prior agreement.

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: I have court coming up and this is my 3rd time there for speeding. Will I do jail time??

I wasn’t speeding the 2nd or 3rd time, and I don’t have a license because I’m waiting for my green card (very long process), I feel targeted. I pay all the fines, but I’m worried I will go to jail this time since it’s my 3rd court date for the exact same offense (speeding)

Leland Hulbert
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Leland Hulbert
answered on Jan 3, 2023

You cannot go to jail for just speeding. If you have any other charges it is possible. If you are driving on a suspended license you are certainly at risk. I would hire an experienced attorney to help you.

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2 Answers | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: My son, who is a juvenile was arrested and I was not notified I had to find him, can I sue
Leland Hulbert
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Leland Hulbert
answered on Jan 2, 2023

It’s not likely that you can sue law-enforcement for juvenile arrest unless the police use excessive force or he was taken to another county or you were not notified for 48 hours or more.

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2 Answers | Asked in Criminal Law and Civil Rights for Kentucky on
Q: What are the laws on a Speedy Trial in Kentucky?

I have had my trial continued 2 times and it's been drawn out for 2 years. I feel like my right to a speedy trial is being ignored.

Leland Hulbert
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Leland Hulbert
answered on Jan 1, 2023

The right to speedy trial is within 180 days if you’re being held on another case. If you only have one case and you agree to continuances then you’re right to speedy trial is not invoked. You need to talk to your attorney. On circuit court trials they typically take 1 to 3 years. Covid has not... View More

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2 Answers | Asked in Traffic Tickets and DUI / DWI for Kentucky on
Q: How can I get my license back after 5,yrs ? Paid fines.

My license was suspended and I have never gotten them back. Can you advise?

Leland Hulbert
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Leland Hulbert
answered on Dec 28, 2022

I would start by going to the Dept Of Transportation website and getting a driver record. If it looks clean and you should be able to go to the drivers license branch to get a new license. If it’s not clean you can call them and they should be able to tell you what is wrong.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Used cash advance app and did not repay. A few months later, created new account and withdrew another $115.

Can this be held against me legally ? I regret it and plan on paying back but am worried

Leland Hulbert
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Leland Hulbert
answered on Dec 29, 2022

If you have borrowed money from a company, person or app you could be obligated to repay the debt. If this is from a company then they will likely turn your case over to collections and that could negatively impact your credit. I would contact the company and pay the debt,

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2 Answers | Asked in Criminal Law and Identity Theft for Kentucky on
Q: I recently took an attempted theft charge that was in what my lawyer called a "package deal" that I did not commit.

I knew since the day I got arrested for it that somebody had to of used my stolen ID to rent a U-Haul and didn't return it. Finally at court my lawyer says if I want off HIP and my other charges lowered to take the package deal. I never got to see my motion of discovery. She even said that it... View More

Leland Hulbert
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Leland Hulbert
answered on Dec 20, 2022

You never have to take a charge you always have the right to go to trial but if you want to get off Bond or HIP or other restrictions and you choose to plead guilty you give up many rights including the right to go to trial.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: I have a failure to appear warrant in Florida will I be able to get a Kentucky id without going to jail
Leland Hulbert
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Leland Hulbert
answered on Dec 5, 2022

They will not arrest you at the ID place but anytime you’re pulled over you could be arrested for an out of state warrant depending on what the charges are. I think it’s safer to clear that warrant out before you try to get an ID.

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1 Answer | Asked in Criminal Law and Civil Rights for Kentucky on
Q: I think my son just received a higher charge, because his big brother just served 5 years for a battery.

Youngest son been going back and forth court for 2 years on misdemeanor. Trail date was set for 8th this month. Strange same time his older brother was released charged jumped to a felony. My son and the victim still maintain that what he is being accused of did not happen the way they saying.... View More

Leland Hulbert
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Leland Hulbert
answered on Dec 2, 2022

It’s a little hard to follow your fact pattern but it sounds like you’re saying he was charged with a misdemeanor for two years and then a few days before a trial they moved it up to a felony? That is very rare and sounds strange. It’s possible for them to indict felony charges at any time as... View More

2 Answers | Asked in Traffic Tickets for Kentucky on
Q: Can officers or deputy write ticket simply because they become angry??

Detained for loud exhaust deputy took my license and insurance ran my info and returned documents to me. proceeded to explain the reason an that its illegal to have a loud car. I asked what statute number that law was officer stated " i dont know" i replied " you dont know" he... View More

Leland Hulbert
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Leland Hulbert
answered on Nov 29, 2022

An officer cannot write a ticket simply because they are angry but if you have broken any law, including a traffic law they can charge you but they must cite the specific law and the facts and circumstances in a citation

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1 Answer | Asked in Traffic Tickets for Kentucky on
Q: Got pulled over in Hazard, KY for no insurance, no tags, and failure to wear seat belt. Will I go to jail?

Got pulled over back October 21st and the office gave me a ticket for no tags, no insurance, improper tags, and no seat belt. I’ve NEVER been in any trouble before. They wrote me up for improper tags because they put I was driving a 2012 dodge charger when in reality it was a 2010. ALSO my tags... View More

Leland Hulbert
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Leland Hulbert
answered on Nov 21, 2022

If you have no record it is very unlikely that you will go to jail. You can get a much better resolution on the cases if you end up getting insurance. I would ask the prosecutor for some time for you to obtain insurance on your car. The most important thing is you do not get caught again driving... View More

2 Answers | Asked in Criminal Law for Kentucky on
Q: Can a warrant be withheld, unknown to the person on probation, until his probation is up, then serve him with it ?

Is it legal to have the opportunity to serve a warrant, but withhold it for over a year?

Leland Hulbert
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Leland Hulbert
answered on Nov 20, 2022

It depends on the circumstances. If someone like your probation officer who knows your whereabouts and sees you every month has the warrant and doesn’t serve it on you that would be an issue. If someone has been trying to find you for a year but could not find you that would be a different issue.

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3 Answers | Asked in Criminal Law for Kentucky on
Q: My boyfriend is in jail in ky waiting to be inditment and his 60 days will be up on Thanksgiving when will released
Leland Hulbert
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Leland Hulbert
answered on Nov 18, 2022

I would hire an Attorney to contact the Commonwealth Attorney's Office. An Attorney can also file a motion to make the Court aware of the situation. If this motion is heard before Thanksgiving the Court will be on notice of the situation and could make a favorable ruling.

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2 Answers | Asked in Criminal Law and Animal / Dog Law for Kentucky on
Q: Can you sue someone for attempting to kill a valuable thoroughbred horse, if the attempt was thwarted & the horse was OK
Leland Hulbert
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Leland Hulbert
answered on Nov 7, 2022

There is a criminal charge for cruelty to animals and you could talk to local law-enforcement about potential charges. I’ve never heard of that being charged when the attempt was unsuccessful but it is possible if you have a good proof. As far as a civil lawsuit you would have to consult a civil... View More

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: What happens when one is pulled over? I had my insurance papers, but my registration wasn't updated.

I did go after to update it, but the paper he gave me with the citation said that it was 'non-payable' and that I had to go to court. What am I expected to do precisely? I've already updated it, but he pulled me over in a different county than my courthouse. Not sure what to expect.

Leland Hulbert
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Leland Hulbert
answered on Nov 7, 2022

If that is your only charge you can attend court with your proof or hire a lawyer to go on your behalf. For minor traffic charges usually having proof of getting things fixed is good enough. As the charges go up or if you were charged with speeding you likely want to hire an attorney.

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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

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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