Louisville, KY asked in Criminal Law and Civil Rights for Kentucky

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. Which is his ex wife since then my son moved here out of that state last year where he's employed support his children. And after a long and bitter divorce. Has come to a civil agreement with his ex wife. After a long journey put behind both of them children . I don't understand how they can come 2 years later ,up root everybody life. It must be personal it's a motive behind this. I'm sure it is the biggest problem my son and his ex have right now is who gone fly with the kids for summer vacation. How can you just take a man from his children his job it's like he has no rights at all right now. This is really taking a toll on my whole family. Don't know where to turn. Who to ask to help us.

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1 Lawyer Answer
Leland Hulbert
Leland Hulbert
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: 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 there is no statute of limitations on a felony in Kentucky but to raise a misdemeanor after two years is very odd unless there was new evidence.

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