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Questions Answered by Leland Hulbert
2 Answers | Asked in Criminal Law for Kentucky on
Q: Is a hearing required for shock probation? If so how long after filing for shock would the hearing be placed?
Leland Hulbert
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Leland Hulbert
answered on Jan 5, 2023

Yes. The hearing is within discretion of the court but if the court grants of hearing it should be at or before the 180 days expires

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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 for Kentucky on
Q: The judge is considering my boyfriend's shock probation what is the chance he will be approved for it?
Leland Hulbert
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Leland Hulbert
answered on Dec 20, 2022

There are many factors the judges consider including prior record, how serious was the offense, how is the person doing while in custody, There is no way for anyone to tell you over the Internet without more details including what judges it, what county what charges etc.

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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 and Federal Crimes for Kentucky on
Q: I was drugged and given Fear Conditioning by ex roommates without consent because they wanted me to leave their home.

What are the legal ramifications to this? I may have also been illegally bugged by them, since I can hear them constantly talking to me.

Leland Hulbert
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Leland Hulbert
answered on Dec 12, 2022

You need to contact your local police department and show them proof.

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: I got pulled over last night for not having my headlights on will I still get points on my license

Even though I didn’t get a ticket

Leland Hulbert
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Leland Hulbert
answered on Dec 10, 2022

If he did not get a ticket or a citation then you will not get any points on your license. It sounds like the police officer just let you go.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: My friend has a theft by unlawful taking charge... class b misdemeanor first charge will she go to jail in ky
Leland Hulbert
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Leland Hulbert
answered on Dec 8, 2022

Not likely if she has no prior record. She would likely get diversion, a fine and or probation.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: What do I do if I cannot get a hold of my probation officer to get signed up

I have been there one time she was supposed to see if I was accepted and for me to call last Friday which I did no answer left a message no call back and I was supposed to see her on the 5th I called on the 5th because I did not have a time with nobody returning my call either this is my first time... View More

Leland Hulbert
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Leland Hulbert
answered on Dec 6, 2022

Leave messages. Have proof that have you tried to contact them. Go see them at their office or call their supervisor.

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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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2 Answers | Asked in Domestic Violence for Kentucky on
Q: Can the abuser also file a domestic against the victim?

While in court I understand the two parties will use evidence against each other, what should the victim look out for? How could the abuser turn the story?

Leland Hulbert
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Leland Hulbert
answered on Dec 5, 2022

The abuser can attempt to file charges but typically the charges are not accepted by the County Attorney if they are the second one to file.

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2 Answers | Asked in Criminal Law and Family Law for Kentucky on
Q: I have kids with my ex girlfriend and she has a Dvo on me .

If I write my kids mothers friend , that I miss my kids and I’m taking steps into therapy and taking parenting classes to better myself. Am I violating , the order ?

Leland Hulbert
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Leland Hulbert
answered on Dec 3, 2022

You are not violating a no contact order by contacting third parties but if you are contacting them so that they contact your ex that would be a violation.

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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 Criminal Law and Domestic Violence for Kentucky on
Q: If I have a dvo ok someone and they left a letter in my mail and I got it then they added me on snap and I accepted

It to first see if it was real second see what they had to say and they apologized and showed they got in therapy I said idk if I can talk to you legally they screenshot google saying I can I research and idk he comes up shows he is not well and os dangerous but then threatens to turn me in make me... View More

Leland Hulbert
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Leland Hulbert
answered on Nov 29, 2022

I don’t understand the facts. It’s a confusing scenario. If you violate a DVO and there is clear proof they could turn it into the prosecutors and they could seek charges but not always and even if they do that wouldn’t mean you automatically lose a child

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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 Criminal Law for Kentucky on
Q: Got fired from Walmart almost 9 months ago for stealing they called me to the office talked to me asked what all I have

stolen I told them the truth and filled out a paper of what I stole and signed it. It has been almost 9 months and I have heard nothing back on this nothing has happened yet. Is there going to be any criminal charges happening or did they give me a slap on the wrist?!

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Nov 21, 2022

If it is a misdemeanor there is a one year statute of limitations so technically you could be charged but if it has been 9 months the chances are very good you will not be charged.

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