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Kentucky Civil Rights Questions & Answers
2 Answers | Asked in Traffic Tickets, Car Accidents, Civil Rights and Constitutional Law for Kentucky on
Q: Since constables don't answer emergency calls do they need further training also can they make arrest at roadchecks?

The office of the constable are doing traffic stops in these smaller counties is that legal?

T. Augustus Claus
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answered on Oct 20, 2023

In Kentucky, constables are elected officials who have law enforcement powers, but their duties and responsibilities can vary from county to county. Constables typically have the authority to make arrests and serve civil process, but they may not be responsible for answering emergency calls in the... View More

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1 Answer | Asked in Civil Rights for Kentucky on
Q: We got a paper from the code enforcer of Pendleton Co Extention Office. He is harassing is is how we feel

We was supposed to have 30 days and he has sent 5 fines already. We have pictures of the cleanup up and receipts of junk that has been hauled out.

Timothy Denison
Timothy Denison
answered on Sep 23, 2023

What is your question?

2 Answers | Asked in Criminal Law, Family Law, Civil Rights and Juvenile Law for Kentucky on
Q: I have a bench warrant & need to renew my license in Campbell Co. I've secured insurance since. Will I be arrested?
T. Augustus Claus
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answered on Sep 22, 2023

If you have an active bench warrant against you, you run a significant risk of being arrested if you go to a government office like the DMV to renew your license. Bench warrants are usually entered into a statewide database accessible by law enforcement, including the officials who work in DMV... View More

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1 Answer | Asked in Contracts, Real Estate Law and Civil Rights for Kentucky on
Q: Can my landlord say she won’t send a maintenance worker to my apartment due to illness?

I emailed my landlord regarding my kitchen sink being clogged and unusable. My landlord emailed me back stating: “We heard you are sick, if this is true pending on the illness I won’t be able to send someone into your apartment.” So, when maintenance comes she doesn’t let them fix my sink.... View More

Timothy Denison
Timothy Denison
answered on Sep 21, 2023

Probably not but the best course is to call her directly, tell her you are not sick and reschedule the sink t repair. Litigation not necessary in this instance.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Health Care Law for Kentucky on
Q: Custody/guardianship

If a relative has been taking your kids to the doctor in place of you but they never needed a note bc they once had temp custody, but I got custody back. They still do that though. Is that allowed? Can they take claim to guardianship? Obviously a care giver of sorts but all of her info is in their... View More

Timothy Denison
Timothy Denison
answered on Sep 16, 2023

No. Take a copy of your custody papers to the dr and explain that the relative doesn’t have possession or custody anymore.

2 Answers | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Kentucky on
Q: In Kentucky if you are arrested and placed in handcuffs and took to jail and you weren't read your rights what can you d
John Michael Frick
John Michael Frick
answered on Sep 13, 2023

If you satisfactorily prove that you were not read your Miranda rights, any statement you may have made to police after you were arrested ought to be excluded from evidence at your trial. It does not affect the lawfulness of your arrest or whether you will be found guilty based on other evidence... View More

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2 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for Kentucky on
Q: Do I have to be read my Miranda rights before I'm arrested and handcuffed in Kentucky
T. Augustus Claus
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answered on Sep 13, 2023

In Kentucky, the reading of Miranda rights is generally associated with custodial interrogations, not the act of being arrested or handcuffed. Law enforcement officers are required to provide Miranda warnings when a person is in custody and subject to questioning. These warnings include the right... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: I have a Double Jepardy case in Kentucky. I was punished twice for the same crime. I need a lawyer???

I served almost 5 years in prison, won an appeal, it went back to circuit court. They give me a lesser charge. Offered me 3 years at time served. I accepted, & then was made to do 3 years probation. With only a few months left of probation, my Probation officer looked into my file, noticed I... View More

Timothy Denison
Timothy Denison
answered on Aug 28, 2023

You need to have a criminal defense lawyer carefully review the file and see if these allegation can be proven. If so. You may have a case.

1 Answer | Asked in Civil Litigation and Civil Rights for Kentucky on
Q: Kentucky. In federal district court can a Plaintiff seek a ruling without seeking money damages?

In state circuit court a clerk refused to file my complaint with IFP in violation of statute and case law. That resulted in my case being dismissed. If I file a fed complaint, will I have to ask for monetary compensation for damages? Or can I ask for just a ruling on whether the clerk violated my... View More

Timothy Denison
Timothy Denison
answered on Aug 25, 2023

In federal court, you can ask for a declaratory judgment without asking for damages.

2 Answers | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Kentucky on
Q: Kentucky. Can the federal district court review actions by a KY court clerk and judge? Not the case issue, the procedure

Court records prove the clerk received my complaint with IFP fee waiver 7 days before the deadline. The filing was delivered to the judge who held it 4 days past deadline then granted IFP and dismissed it for being filed late. He opined it was my responsibility to ensure it was filed on time. On... View More

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

Under the Rooker-Feldman doctrine, the federal court will most likely dismiss such a complaint for lack of subject matter jurisdiction.

Under that doctrine, you need to appeal the state court claim through the state court system and then to the United States Supreme Court. Pursuant to 28...
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1 Answer | Asked in Family Law and Civil Rights for Kentucky on
Q: Do i have a standing case to sue CPS in Kentucky and California for Malpractice, Civil Lawsuit?

Hello I wanted to speak with you if you had time I am putting together some documentation of an issue that I have with CPS in both States Kentucky and California involving my civil rights and malpractice. "Gross negligence and due proces are just two Federal rights and I don't know if... View More

Timothy Denison
Timothy Denison
answered on Aug 13, 2023

Probably not be able to combine both cases unless there is a common nexus. You’ll probably need to sue Ky in Ky and CA in CA.

1 Answer | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Civil Rights for Kentucky on
Q: Is it reasonable for a deputy to knock on the door of my residence to conduct a knock and talk after 11:30pm?

After I answered the door and stepped out on my porch I was asked if a man arrested for DUI a mile or so away lived at my house. No was my answer as he didn't live there nor had he been staying there. The man arrested had stopped at my house earlier that day and I knew the man, but he... View More

Timothy Denison
Timothy Denison
answered on Aug 5, 2023

Sounds a bit overreaching but would probably be upheld as legal

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Kentucky on
Q: What does felon in possession of a firearm specifically implying? Within arms reach? On his person?

In a residence he is in, but doesn't own that is occupied by others who aren't felons? Riding with someone who isn't a felon? In the home he shares with his son who is not a felon? How far does the unconstitutional nonsense infringe on the freedoms of others? Should he be wearing a... View More

Timothy Denison
Timothy Denison
answered on Aug 4, 2023

All of the examples you gave could qualify as a felon in possession under the statute. Not saying that’s right but that’s the current state of the law. Have you considered expungement as a possible solution to your problem.

1 Answer | Asked in Employment Law, Business Law, Civil Rights and Gov & Administrative Law for Kentucky on
Q: I found out a global organization that I had applied to a while back gave out an I-9 form with all of my info. Help?

I recently found out a global organization based out of Singapore that I had applied to a while back gave out an I-9 form with all of my information to someone else who was applying to the company. Thankfully the woman who received it reached out to me, she said it had my phone number, ssn,... View More

Timothy Denison
Timothy Denison
answered on Aug 2, 2023

There might possibly be but if they’re located in Singapore, be expensive and difficult to litigate. Additionally, it sounds like there are no damages so I probably wouldn’t pursue it.

1 Answer | Asked in Civil Rights for Kentucky on
Q: i was attacked at ceasers indaina by a girl and i was told i wasnt aloud ther anymore for defending myself

when she came into my s[ace i put my arm out sayin g get away from me and she swung on me then i defended myseld myself cause nobody lets someone hit them and do nothing and they evicted me they emarrssed me walking me out for defending myself

Timothy Denison
Timothy Denison
answered on Aug 1, 2023

What is your question?

1 Answer | Asked in Criminal Law and Civil Rights for Kentucky on
Q: Can I be given 2 different fines for the same charge?

I was told if I got my permit they would be dismissed but I payed the fine and they set me another court date for not having a permit and they fined me another 325 bucks can they do that

Timothy Denison
Timothy Denison
answered on Aug 1, 2023

Yes.

1 Answer | Asked in Civil Rights for Kentucky on
Q: Had a sober living / Transit home blocked me from being able to make phone calls to find out information about a client

She got sent to recovery Plus for women in Madisonville Kentucky to 6 month 69 month program and I've been trying to call up her and get some information on what she needs what she can have what she can't have and they won't give me the policy of their visitation they won't tell... View More

Timothy Denison
Timothy Denison
answered on Jul 21, 2023

What is your question?

1 Answer | Asked in Libel & Slander, Civil Rights, Communications Law and Constitutional Law for Kentucky on
Q: Need legal representation reputation against a sober living / Transit home in Kentucky

The sober living / Transit home is recovery Plus for women Madisonville, KY

Timothy Denison
Timothy Denison
answered on Jul 21, 2023

Check with your local bar association or legal aid society.

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