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Questions Answered by Leland Hulbert
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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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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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
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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.

2 Answers | Asked in Criminal Law for Kentucky on
Q: What is the likelihood of getting shock probation for a first time offender?

N/a

Leland Hulbert
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Leland Hulbert
answered on Nov 15, 2022

Shock probation can only be granted once the person has been in prison for 30 to 180 days.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: What is the likelihood of changing the outcome of a parole decision when challenging the decision?
Leland Hulbert
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Leland Hulbert
answered on Nov 15, 2022

It is highly unlikely there will be a change to a parole board ruling.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: How long does it usually take for someone’s shock probation to get reviewed and then them get out?
Leland Hulbert
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Leland Hulbert
answered on Nov 15, 2022

It depends on the Judge and the County. Typically one week to one month.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: How do I Kno if the timing has been past time to b able to pfo me
Leland Hulbert
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Leland Hulbert
answered on Nov 11, 2022

You will need to have really a clear picture of your prior felonies and the sentencing dates of those felonies and any expiration of probation or parole. I would contact a experience criminal defense attorney in your jurisdiction

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Can I b hit with a pfo with these pending charges possession of a controlled substance first degree first offense meth

Possession of marijuana,drug paraphernalia, controlled substance not in proper container

Leland Hulbert
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Leland Hulbert
answered on Nov 11, 2022

Yes If your previous felonies qualify and are within the statutory time requirements.

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2 Answers | Asked in Criminal Law, Employment Law, Federal Crimes and Libel & Slander for Kentucky on
Q: How can I have a warrant from 4 years ago and not know? Never been contacted, didn't do anything wrong?

I received a copy of my background check I had done in order to start my new job. On the report, it shows that I have a warrant for my arrest due to 4 years ago being fired from a store due to scanning coupons, the way I was taught, but they apparently think I was scheming with those customers to... View More

Leland Hulbert
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Leland Hulbert
answered on Oct 12, 2022

This happens from time to time. People have old warrants in the system. You need to hire an experienced attorney to take care of this as soon as possible.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Could someone that is not aware of epo be arrested in court once they are served if they haven’t violated epo?
Leland Hulbert
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Leland Hulbert
answered on Sep 13, 2022

They can only be arrested in court if there were prior orders in place on another case or a previous EPO. If they are just being served with the paperwork and had no knowledge of the restrictions they cannot be arrested for only violating those restrictions.

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2 Answers | Asked in Criminal Law and Civil Rights for Kentucky on
Q: Can a prosecutor contest a psychological exam that deems a defendant mentally incompetent to stand trial?

There is an hour long video of the full incident. The defense is pushing for a state of mental distress during that time and saying that a mental health condition caused them to behave that way.

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Sep 13, 2022

Yes. Typically in these type of cases a competency evaluation is performed and once the results are in there is a competency hearing. Both the prosecution and defense argue their position and the judge ultimately decides the issue.

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2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Kentucky on
Q: Can a person go to jail for an epo/dvo if they didn’t violate and if they didn’t get served
Leland Hulbert
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Leland Hulbert
answered on Sep 13, 2022

If they were never served at all then they had no notice of the restrictions. If they have a prior EPO or DVO that has restrictions in place and they violated a warrant can be issued for their arrest based on a new criminal charge of violating an EPO/DVO. An EPO or DVO by itself is a civil case but... View More

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2 Answers | Asked in Domestic Violence and Family Law for Kentucky on
Q: My daughter just turned 18 and just needs to know if she has been abused her whole life can she press charges

My daughters fathers girlfriend is the one who abused her and the father knew about it we are

Sure of my daughter wants

Justice

Leland Hulbert
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Leland Hulbert
answered on Sep 12, 2022

The short answer is yes. There is no statute of limitations for felony offenses in Kentucky. She should contact law-enforcement and they can help her with this process.

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: What happens if I was ticketed for speeding in KY and don't have proof of vehicle registration, but it wasn't my car?

I was driving my friend's car through Kentucky last year and got pulled over for speeding. She didn't have her vehicle registration. I was not given a fine, but told I'd have to watch an online training and provide proof of registration. By the time I went to do so, my friend... View More

Leland Hulbert
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Leland Hulbert
answered on Sep 1, 2022

You can hire a lawyer and have them present proof to the Court that the vehicle was registered in someone else's name. You should be able to get some sort of record from Ohio Department of Transportation.

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: If I plead guilty in 2021 and I can’t exsponge until 2027, is there anyway I can get it remove before then

If I plead guilty in 2021 and I can’t exsponge until 2027, is there anyway I can get it remove before then And get it off my background, I heard from a few people that an lawyer can go through and try to get it remove by maybe reopening the case or something like that is this right?

Leland Hulbert
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Leland Hulbert
answered on Aug 19, 2022

You may be able to petition the court after five years from the date of plea to expunge the case. You could also try getting the plea set aside but that is unlikely.

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2 Answers | Asked in Employment Discrimination and Criminal Law for Kentucky on
Q: So Aerotek in Louisville has a race problem it's ok for a white woman to yell at a employee I guess cause I'm black

So I email another recruiter and she emailed me back saying I can't do work with you cause you yelled at Angie so I'm fired due to a white woman yelling at me for asking for another zip code assignment like I'm post to but it's out her zip code but why is my new being slandered... View More

Leland Hulbert
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Leland Hulbert
answered on Jul 28, 2022

I would contact and Employment Lawyer. I do not see any potential criminal charges unless there were threats of violence or abuse.

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2 Answers | Asked in Criminal Law and Products Liability for Kentucky on
Q: Hello, I'm an 18 year old highschool student and have stole 70 dollars worth of food from Walmart and was caught.

What should I do?

Leland Hulbert
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Leland Hulbert
answered on May 19, 2022

I would not admit to any wrongdoing on a public Internet website. If you have a pending case and you have been charged I would contact an experienced criminal defense attorney.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: My friend has seen pretrial but they have yet to give him a bond and he has metal plates all down his spine

He has never had a drug charge and he has to wear a glove on his hands bc the nerves are dead due to his accident last year. He was electrocuted and fell 60 ft. They haven't set a bond yet for him. I can't get any answers his wife and I want to hire someone to get him a bond did we can... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on May 9, 2022

You can hire an experienced criminal defense attorney at any time to look into this matter and get you some answers about your friend's bond.

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