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Questions Answered by Leland Hulbert
2 Answers | Asked in Criminal Law for Kentucky on
Q: I ran from a few different cases. I jus didn't go to court or go check in with anyone from parole

in criminal court on poss of meth the day of trial I didn't go I need a lawyer n also get on the docket

Leland Hulbert
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Leland Hulbert
answered on Aug 23, 2021

I would call an experienced criminal defense attorney and tell them your situation and see if they can represent you. It sounds like you likely have a warrant out for your arrest so I’d recommend doing it soon.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: If an inmate gets approved for parole, but also has been offered shock probation, which one is more desirable?

I have a friend who’s a current inmate sentenced to 3 years but got over 500 credit days from time already served and good time. He says he has been given paperwork in prison saying he’s being considered for parole at the end of this month (August) but his eligibility date isn’t until October... View More

Leland Hulbert
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Leland Hulbert
answered on Aug 23, 2021

Shock probation is likely his better option because if he violates he goes back in front of a judge and prosecutor that have some discretion to leave him on probation. If you violate parole it is a much more basic hearing with a rubber stamp of violation with a likely return trip to prison.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: Is it wrong to hire a different attorney if mine is too busy for me?

I have hired an attorney for the past few months to handle my case but honestly I don’t feel like he prioritizes my case and my court dates. He doesn’t show up to most of them and they end up always getting rescheduled. I asked him to file a motion for something time sensitive and he said he... View More

Leland Hulbert
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Leland Hulbert
answered on Aug 11, 2021

The attorney -client relationship can be ended by either the attorney or the client. With that said it’s better to have a frank discussion with your attorney and tell them your expectations and if they can’t meet those you should hire someone that can. I think most attorneys would agree... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: My boyfriend had an epo issues against him &violated the order 08/06 &was arrested but just got served the papers today

My boyfriend just got served the papers today 08/10 but got arrest for violating the epo on 08/06 even though he was not served the papers .

Leland Hulbert
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Leland Hulbert
answered on Aug 10, 2021

I don’t understand your question? It typically takes a few days to serve papers on someone

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2 Answers | Asked in Criminal Law for Kentucky on
Q: How long does it typically take for a judge to consider a motion for shock probation?

I see a lot of info around the internet for how long they have to approve it, but I’m struggling to find how long the timeframe typically is between the day the motion is filed, to the time the judge approves or denies it. I see things discussing they have a maximum of 60 days to consider it and... View More

Leland Hulbert
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Leland Hulbert
answered on Aug 7, 2021

There are statutory limits as to how long Judge can take but if you’re looking for how long it typically take it takes it really depends on each judge. Shock probation lies in the sole discretion of the sentencing judge. I would say a general timeline is filing the motion having the court hear... View More

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: I got pulled over 70 in a 55mph zone. Model of the car on ticket isnt right can that be grounds for an automatic dismiss

Street address was wrong on ticket as well. Year and make and color of car was right just not the model Happened in spencer co ky.

Leland Hulbert
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Leland Hulbert
answered on Aug 3, 2021

No grounds for dismissal unless it was not you. There may be some grounds for your attorney to get you a better deal

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: If I got a ticket but it says I have to go to court do I pay the ticket the day I go to court, or after. Radcliffe KY
Leland Hulbert
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Leland Hulbert
answered on Jul 31, 2021

You can go to court or you can hire an attorney to go to court on your behalf. They will likely work out a resolution that day and then if you owe fines and costs they will be due on a later date usually 60 to 90 days after you plead guilty

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2 Answers | Asked in Criminal Law for Kentucky on
Q: My brother was at work and overdosed and when he went to hospital and came to left ama and was arrested for old warrant

The warrant was for trafficking and controlled substance but he has never been in trouble for that. And was arrested at the hospital. Can your name even be ran when your in need of medical attention and not in trouble for anything?

Leland Hulbert
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Leland Hulbert
answered on Jul 31, 2021

If you have an old warrant or an outstanding warrant you can be served with that anytime. The protection of a reporting an overdose and immunity from charges only applies to new charges.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: In Kentucky, when will I be eligible for parole on a two year and one month sentence?
Leland Hulbert
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Leland Hulbert
answered on Jul 29, 2021

It depends if you have any credit towards your sentence. If you were in custody or on home incarceration before you were sentenced then you would receive credit. You could also receive credits for your time in jail. If you are talking about a 2 year sentence then it is likely 15% or 20% parole... View More

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2 Answers | Asked in Criminal Law for Kentucky on
Q: I'm a felon and posted an old picture of myself with a firearm on Facebook. What are my chances if I take it to trial?

The only piece of evidence they have is a screenshot of the post. They keep offering me a year to serve. I'm currently on probation and they oppose probating this charge.

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 27, 2021

It depends on the timestamp and date and if they found the gun. They should turn over all of this evidence to you and your attorney can advise you of how strong a case they have. A lot of it will come down to what the jury well think if they show one picture of you on Facebook they can probably... View More

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: Pulled over in grant county by a state trooper reckless driving speeding 26+ Best and worst outcome

Stopped in grant county charged with reckless driving speeding 26> Failure to or improper signal following another vehicle to closely best or worst possible outcome should I get an attorney?

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 25, 2021

You are always better off if you hire an attorney. It really depends on how fast you were going. 26 mph over is the highest charge in Kentucky but you can actually be going for 30, 40 or mph over it would show up as the same charge

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Can I set up a payment plan after my court date?

I was going 84 in a 45, while this is not my first ticket, and that ticket never counted against my license and I did traffic school, I’m not sure what to expect. Since this ticket is not prepayable, can I set up a payment plan after court?

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 19, 2021

The court will generally give you a few months to pay fines and costs. You can make partial payments if you want. If you’re in a really big bind you can ask the judge for even more time to pay your fines and costs

2 Answers | Asked in Criminal Law for Kentucky on
Q: My girlfriend is currently facing a murder charge as well as possession of a firearm by a felon.

#1-In a murder case can circumstantial evidence be enough to get a conviction at trial?

#2-Can a person charged with possession of handgun by a convicted felon get a conviction by trial if the police never found the person charged with a handgun?

#3-Can a conviction be given to... View More

Leland Hulbert
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Leland Hulbert
answered on Jul 16, 2021

1. Yes

2. I am not sure what that means

3. Not sure what that means

4. Only if they had shot a gun within the last few house. They could be tested for gunshot residue.

5. Yes

6. Less likely but still possible, Murder cases tend to have tons of evidence -...
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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: From Tennessee and ticket for going 92 in 70. Also improper left lane use and following too closely. Hire attorney?

I was also cited for failure to notify dmv of moving from Ohio to Nashville but I just moved last month. I’m worried about the points being added to my record. Should I hire an attorney?

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 9, 2021

It depends what county you’re in but hiring attorney for any speeding ticket over 20 mph over is typically worth it because you can get a reduced charged or possibly a County Attorney or state traffic school diversion program. Having a local attorney is much easier than trying to do it yourself... View More

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: I have a bench warrant in jeff co for not appearing in court. I was pulled over and sited first for speeding in Spencer.

Then pulled over they ticketed me with driving on susp (for failure to appear) no proof ins and exp reg in someone else's car failed to appear

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 9, 2021

I’m not sure what your question is but you need to hire an attorney and get these bench warrants taken care of. You don’t want to get arrested or lose your license over things that can’t be taken care of in court.

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: got pulled over going 115 in a 70 allegedly and i live out of state. what should i expect in court?
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 9, 2021

In Kentucky you will likely expect an offer that includes pleading guilty to a charge of speeding 26 mph greater. Your license in Kentucky would be subject to a probation or suspension hearing. Since you’re out of state you could also face restrictions through your state department of... View More

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2 Answers | Asked in Criminal Law for Kentucky on
Q: A gun was pulled on me while I was painting the inside of a house..a gun was pulled on me outside when I was leaving

As I was walking towards the door and down the steeps and to my truck I turned around and a gun was pointed at me buy the grandfather..as i was walling towards the door my equipment was there as I leaned down to get my equipment the lady pushed me and said don't touch my paint..As I walked to... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 6, 2021

It sounds like you did the right thing by calling the sheriffs department. What is your legal question?

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2 Answers | Asked in Criminal Law for Kentucky on
Q: In indiana will a federal charge be removed at the age of 18
Leland Hulbert
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Leland Hulbert
answered on Jul 2, 2021

Charges are typically not “removed”

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2 Answers | Asked in Criminal Law for Kentucky on
Q: My moms in Adair county KY jail has been since April 30th 2021 she has a bond of 10,000 but she has not been indicted

Want to get her out what do I do

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 1, 2021

Hire an experienced criminal defense attorney and have them file a 60 day motion for her release.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: State Kentucky what do you think he will be sentenced?

State Kentucky what do you think he will be sentenced? During the search, the following items were seized:

• a baggie of suspected methamphetamine weighing approximately 75.5 grams,

• a baggie of suspected methamphetamine weighing approximately 1.1 grams,

• a baggie... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jun 30, 2021

Offers on cases can vary wildly based on the facts, the record of the defendant the prosecutor and the judge. Obviously this person is looking at felony time but if they have no record at all they still have a chance at probation if they have a past record of drugs they are more likely to do some... View More

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