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Kentucky Questions & Answers
0 Answers | Asked in Landlord - Tenant for Kentucky on
Q: Would my co-tenant have grounds to have our landlord evict me over a disorganized room?

I live with my grandmother, both of us on the lease, and she is saying she is going to approach the landlord to have me evicted due to a 'dirty' room. The room in question is not dirty though, as I have confirmed with 5 seperate people with a video walk-through of the room. It just had... View More

0 Answers | Asked in Child Custody for Kentucky on
Q: Will I be able to regain 50/50 custody after suicide attempt?

In Oct. I had a mental break due to my husband springing a divorce, moving out, and admitting to me he had a girlfriend all in one weeks time. He then began tormenting me daily and threatening to take the kids away. Due to the mental break I attempted suicide, survived, and was diagnosed with an... View More

1 Answer | Asked in Criminal Law for Kentucky on
Q: Are you eligible for a PFO 1 before having a PFO 2. I have had one indictment within 5 years
Timothy Denison
Timothy Denison
answered on Nov 15, 2024

You can go straight to PFO 1 without having first been a PFO 2.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If I do not have any prior criminal convictions? Do you mean in general or felonies

So what they did to me or how I was in fear for my life plays no role in this? I find that hard to believe.

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Nov 14, 2024

I don’t understand your question. If you’re asking about self-defense, that is one issue if you’re asking about prior record, that is another issue. A prior criminal record can mean any prior misdemeanor of felony convictions.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Terroristic threatening in the second. Can I get a pretrial diversion?

I was made to believe I was poisoned at the hospital. My capsules where opened and a completely different color powder was inserted. The capsules where only half full. The lady from the hospital tried to convince me it was suppose to be yellow. Even though the manufacturer stated this wasn't... View More

Timothy Denison
Timothy Denison
answered on Nov 14, 2024

If you don’t have any prior criminal record, you may be able to get the charged diverted.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Does my lawyer have to file motion for failure to indict to get me out of jail
Timothy Denison
Timothy Denison
answered on Nov 14, 2024

As a general rule, yes, although there can be circumstances where you might choose not to do so.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: A friend was charged with 2 DUIs within a little over 48hrs. How bad will the consequences be?

3 days after they made bail the second time they checked into detox and rehab. Still in rehab.

Timothy Denison
Timothy Denison
answered on Nov 13, 2024

Depending on the circumstances, maybe two first offenses instead of a first and second.

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Kentucky on
Q: If i made a shirt with a name on it that is now a trademark, can I be reported for copyright?

I made a shirt for my daughter 2 years ago that says "zach bryan" with a photo that she picked of a longhorn. Facebook notified me that I have been reported for copyright Infringment but I don't see how as my daughter picked a photo I made on the computer. It was not copy and pasted

Patrick Cummins
Patrick Cummins
answered on Nov 13, 2024

If the copyright infringement allegation is directed to the picture of the longhorn, and you captured the image of the longhorn or you drew it yourself, you are likely not at fault. If someone else drew the image of the longhorn, or captured the image of the longhorn with their camera, then you... View More

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2 Answers | Asked in Personal Injury and Car Accidents for Kentucky on
Q: I need advice on how to take action against an uninsured driver.

In April this year I was a passenger in a taxi and another driver side swiped us. At this point I'm on my third law group and know that the driver that side swiped us had no car insurance. So far I've only been told that I can prosecute them for hitting us and not having any car... View More

John Amos Whatley
John Amos Whatley
answered on Nov 11, 2024

There are two avenues in which a person that is driving while uninsured is held accountable for their actions. The first is the criminal track. Criminal actions are prosecuted by the state. The ultimate decision to pursue a criminal action lies with the state.

The second track is by way of...
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0 Answers | Asked in Criminal Law for Kentucky on
Q: Can sheriff deputy have a truck towed to my residence just to show up later for a knock and talk at 11:37 pm?

A guy I knew came to my house and intentionally left a duffle bag with drugs in my house. I was sick in bed. He gets arrested for aggravated DUI, drug and firearm possession. The truck is towed to my house. Later the deputy showed up with ATF and St troopers and knocked on my door. I got out of bed... View More

2 Answers | Asked in Adoption, Child Custody and Family Law for Kentucky on
Q: if an adopted child turns 18 and the parent has power of attorney can the child still leave
Rob Astorino Jr.
Rob Astorino Jr.
answered on Nov 8, 2024

Yes. However, the if the child is disabled, you could file a petition for guardianship, conservatorship, limited guardianship, limited conservatorship and/or a combination those representative roles.

"Disabled" means a legal disability, not a medical disability, and is measured...
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1 Answer | Asked in Employment Law and Tax Law for Kentucky on
Q: If I work for someone for over 10 years under the table and they fire me how do I get money owed to me
Rob Astorino Jr.
Rob Astorino Jr.
answered on Nov 8, 2024

You should contact an experienced Kentucky employment attorney immediately. Kentucky law states that any employee who leaves or is discharged from his employment shall be paid in full all wages or salary earned by him no later than the next normal pay period following the date of dismissal or... View More

1 Answer | Asked in Real Estate Law, Agricultural Law, Construction Law and Land Use & Zoning for Kentucky on
Q: We were sold land in Spencer County, Kentucky and after the fact are being told it's zoned incorrectly.

We bought just over 8 acres of land and made plans to build a house. When we went to get our permit we were told that our land is zoned as Ag1 which has a minimum lot/tract size of 10 acres. Now the zoning department claims we have to pay to have the land rezoned as Ag2 to build on it. Is there a... View More

Timothy Denison
Timothy Denison
answered on Nov 7, 2024

No. You’ll either have to file to rezone or sue to force them to correct the zoning. Either way, it is going to cost money.

0 Answers | Asked in Estate Planning for Kentucky on
Q: Rights when mother died with no will in Kentucky.

My mother passed away with no will in August 2023, I'm an only child. However she was married to my stepfather at the time of her death, he has 3 children. My stepfather recently passed away (August 2024). One of his daughters got involved right off the bat when my mom died, throwing away my... View More

1 Answer | Asked in Medical Malpractice for Kentucky on
Q: On 2 separate occasions I have been prescribed medicine that can kill me and it's well documented in my files

I was admitted both times and was wearing the red warning bracelet and they prescribed it anyways

John Amos Whatley
John Amos Whatley
answered on Nov 8, 2024

In Kentucky, a plaintiff must meet the burden of proof on all four elements of a tort to be successful in a medical malpractice claim. Those four elements are duty of care, breach of standard of care, causation, and damages.

Duty of Care: Show that a healthcare provider had a duty to...
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0 Answers | Asked in Traffic Tickets for Kentucky on
Q: I have a traffic speeding ticket going 92 and a 70 mile an hour zone My Court date: 11/7/24 Franklin County Courthouse

Hello, I have a traffic speeding ticket going 92 and a 70 mile an hour zone on I 64 on September 27, 2024 My Court date is tomorrow Thursday, November 7 at 9 AM Franklin county Kentucky. Can you help me out?

1 Answer | Asked in Estate Planning for Kentucky on
Q: Rights when mother died with no will in Kentucky.

My mother passed away with no will in August 2023, I'm an only child. However she was married to my stepfather at the time of her death, he has 3 children. My stepfather recently passed away (August 2024). One of his daughters got involved right off the bat when my mom died, throwing away my... View More

Timothy Denison
Timothy Denison
answered on Nov 7, 2024

You'll need to file a motion in the step-dad's probate case asking the court to review the propriety of these actions by your step-sister. Since there was not will, the laws of intestacy will apply as to how the estates are divided.

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