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Kentucky Civil Rights Questions & Answers
2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Kentucky on
Q: I feel like my right to a speedy trial has been completely ignored. charged 8 years ago and still no indictment

Charged with Felony theft in 2015 case was bound over to grand jury in district court (Kentucky). To this day, case has not been presented to grand jury for indictment. Charge appears on background check and im certain it has kept me from being hired at more than one job that I applied for and was... View More

James L. Arrasmith
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answered on Jan 5, 2024

Your concern about the delay in your case is understandable. The right to a speedy trial is a constitutional right, but the interpretation of what constitutes a "speedy" trial can vary based on the circumstances of the case.

In Kentucky, if your case has been bound over to the...
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3 Answers | Asked in Civil Rights, Contracts and Health Care Law for Kentucky on
Q: I was wondering if a pain management office is acting illegally/did an illegal action.

I was discharged as a patient from a pain management office after them telling me that a previous pain management specialist I saw administered a steroid shot wrong and I told them in the portal that I spoke to lawyers for advice but no lawsuit/case was created. It was maybe 1-2 months after I was... View More

James L. Arrasmith
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answered on Dec 27, 2023

In Kentucky, your situation raises questions about patient rights and medical records access. If you were discharged from a pain management office and subsequently lost access to your patient portal, it's important to understand your rights regarding medical records.

Under the Health...
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2 Answers | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Kentucky on
Q: Can I request a judge to quickly rule on a single motion for Writ of possession, or will I have to file a civil lawsuit?

I have belongings at my girlfriends house and she wont give the rest of my stuff back. If I ask her to let me get my stuff she'll say I'm harassing her, and thats nowhere near the case. We broke up last weekand she brought much of my stuff outside.

I had new items inside her... View More

James L. Arrasmith
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answered on Dec 23, 2023

In Kentucky, retrieving your belongings from an ex-partner's property can be a delicate legal matter. If amicable resolution attempts fail, you have a couple of legal options to consider.

Firstly, you could file a small claims action if the value of your belongings is within the small...
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1 Answer | Asked in Civil Rights, Divorce and Family Law for Kentucky on
Q: Is my realtor giving my phone number to my ex after being asked not to a privacy violation?

I am going through a divorce and the marital home is for sale. When hiring the realtor, I asked that my number not be given to my soon to be ex husband, due to previously changing my number because of harassment by him. I was verbally promised my number would never be shared with him or disclosed... View More

James L. Arrasmith
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answered on Dec 9, 2023

In your situation, where your realtor shared your phone number with your ex-husband despite a verbal agreement not to, it could potentially be considered a violation of your privacy. The key issue here is the promise made by the realtor and whether it can be legally enforced.

Verbal...
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1 Answer | Asked in Civil Rights for Kentucky on
Q: is it legal for a police department to keep a police report from me as a parent my daughter got shot an killed

there reason was KRS.61.878(1)(i) is it legal

James L. Arrasmith
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answered on Dec 5, 2023

In Kentucky, under KRS 61.878(1)(i), there are circumstances where a police report can be withheld from the public, including from family members. This provision allows for the nondisclosure of records if their release would harm an ongoing investigation or lead to the disclosure of details that... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Kentucky on
Q: is it legal for a police department to not give a police report to me as the parent ?KRS.61878(1)(i) my child died
James L. Arrasmith
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answered on Dec 5, 2023

Under Kentucky law, including KRS 61.878(1)(i), there are certain circumstances where a police department may withhold a police report, especially in cases involving an ongoing investigation or where the release of information could compromise the investigation. However, as the parent of a deceased... View More

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1 Answer | Asked in Civil Rights and Small Claims for Kentucky on
Q: What if you purchased a property and put it in someone else's name and they took it from you

I bought a 3br mobile home when me and my wife split up, it was on my friends property they said I could leave it there until they got a double wide that they wanted to put there. About 7-8 months later they served me with an eviction notice an lied to the judge about who the property belonged to.... View More

Timothy Denison
Timothy Denison
answered on Nov 29, 2023

What is your question?

1 Answer | Asked in Civil Rights for Kentucky on
Q: Prisoner filed Civil suit, then transferred out. Case closed due to non notification of address change.

My son filed Medical neglect case. Due to mail being undeliverable, although prison knew exactly where he was. Case now closed.

Timothy Denison
Timothy Denison
answered on Nov 28, 2023

You. An go to pacer.gov to check the status of a civil suit.

1 Answer | Asked in Civil Rights, Employment Law and Landlord - Tenant for Kentucky on
Q: I live and previously worked for hotel 8 months can they just fire me and call police and make me leave without eviction

I have worked as on site maintenance at woodspring suites hotel for 8 months , they refused to pay me any overtime, will not pay me for on call time , which I have been on call every other day from clock out till 8 am next morning and not allowed to leave the property during this time. I have now... View More

James L. Arrasmith
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answered on Nov 24, 2023

In your situation, there are a few key legal issues to consider. Firstly, regarding your employment and unpaid overtime, you have rights under labor laws. Since you mention being on call and not being paid appropriately, you might have a claim for unpaid wages. It's important to document all... View More

1 Answer | Asked in Civil Rights, Employment Law and Landlord - Tenant for Kentucky on
Q: I live and previously worked for hotel 8 months can they just fire me and call police and make me leave without eviction

I have worked as on site maintenance at woodspring suites hotel for 8 months , they refused to pay me any overtime, will not pay me for on call time , which I have been on call every other day from clock out till 8 am next morning and not allowed to leave the property during this time. I have now... View More

Timothy Denison
Timothy Denison
answered on Nov 21, 2023

You need to file a complaint with the Kentucky Labor Board regarding all the monies owed to you. As far as the eviction, it appears you may have some defenses. Check with your local legal aid society regarding possible pro bono or reduced fee representation.

2 Answers | Asked in Criminal Law and Civil Rights for Kentucky on
Q: Is this right? double jeopardy? this could be a case....

i was arrested in nov 22 and it was ruled upon by ealier this year....after 5000 cash bond was picked up (2 days later) i was rearested w no new charges on indictment warrant for the felony possession but it had already been ruled on. now i have been infront of judge about 10x and still no... View More

James L. Arrasmith
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answered on Nov 18, 2023

In your situation, if you were re-arrested for the same charge that had already been ruled upon, it raises concerns about potential double jeopardy, which is prohibited under the Fifth Amendment of the U.S. Constitution. Double jeopardy means being tried twice for the same offense after a ruling... View More

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1 Answer | Asked in Civil Rights, Landlord - Tenant and Libel & Slander for Kentucky on
Q: My roommate works with are case workers and the housing program we are in. They are covering for him. They also did not

So my roommate has been lockung me out from using the unity room. I can not wash or dry clothes. He's made false statements about me. He's been agressive towards me since I caught him replacing the kitchen stove at 11pm one night . He got up in my face after I asked if he had premission... View More

Timothy Denison
Timothy Denison
answered on Nov 16, 2023

You should find new living arrangements and a new roommate. These issues never resolve well.

1 Answer | Asked in Civil Rights and Criminal Law for Kentucky on
Q: question regarding false imprisonment or wrongful detention

in 2009 when i was 18 years old i was convicted of unlawful transaction with a minor and served a few years in prison. released in 2014 and on probation for 5 years following until released in 2019 from probation. still having to register as a sex offender. in july 2023 i was arrested by the local... View More

James L. Arrasmith
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answered on Nov 18, 2023

I understand your concern about being arrested twice for the same non-compliance issue with the sex offender registry. This situation appears to raise questions about false imprisonment or wrongful detention. It's essential to seek legal representation immediately to address this matter... View More

1 Answer | Asked in Civil Rights for Kentucky on
Q: I was falsely arrested by a constable who later was investigated by the FBI and found to have been setting people up for

Years. Since I was innocent I tried waiting to go to trial. after 4 months and another postponement I took a 3 year plea deal and subsequently spent 19 months in jail on my first offense of a crime I did not commit. I hear that certain people are getting charges he put on them expunged I guess. Is... View More

Timothy Denison
Timothy Denison
answered on Nov 16, 2023

It is doubtful there is any recourse if you pled guilty rather than a decision being reached at trial.

1 Answer | Asked in Civil Rights and Traffic Tickets for Kentucky on
Q: Is it lawful for a police officer to call for 2nd K-9 for a sniff test on a traffic stop since the 1rst didn't alert?
James L. Arrasmith
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answered on Nov 12, 2023

The legality of a police officer calling for a second K-9 unit during a traffic stop, after the first did not alert, can be a complex issue and depends on several factors. Courts have generally held that a dog sniff during a lawful traffic stop does not violate the Fourth Amendment's... View More

1 Answer | Asked in Civil Rights for Kentucky on
Q: When's case goes to Federal courthouse what is next step for plaintiff to take next to file a pill or motion of reject

I do not have a lawyer and I don't know the next step to take I want you revoke the dismissal request and proceed further with my case they lied about the information that I gave them on even what the case was trying to outline

Timothy Denison
Timothy Denison
answered on Nov 9, 2023

Next step is to hire a lawyers for your case asap bc you are in way over your head in federal court.

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Kentucky on
Q: KY bond rules say bond must be reasonable. Is $100,000 reasonable for Inmate who worked at Wal-Mart, no priors?

Charges are att. murder, strangulation - no injuries to either 2 individuals. Defendant came home early, concerned about pregnant wife bc the Ring camera was turned off and it never was before, and he worried about a break-in. He found his pregnant wife with another man, and after asking the man to... View More

Timothy Denison
Timothy Denison
answered on Nov 2, 2023

Yes. Thats a reasonable bond given the severity of the charges.

1 Answer | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: can I be charged or sued for posting redacted police body camera videos?

I receive these body camera videos through open records requests from Departments within Kentucky only.

Timothy Denison
Timothy Denison
answered on Oct 31, 2023

No, you cannot.

1 Answer | Asked in Civil Rights for Kentucky on
Q: do i have a case if i was taking out my car with no explanation an searched without giving consent an was refused superv

most of it i recorded

Timothy Denison
Timothy Denison
answered on Oct 24, 2023

Depends on what actually happened and the contents of the recordings.

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