Ask a Question

Get free answers to your Constitutional Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Kentucky Constitutional Law Questions & Answers
2 Answers | Asked in Communications Law, Constitutional Law, Domestic Violence and Sexual Harassment for Kentucky on
Q: Hey I’m one of the victims from this case is there anyway that I can see this case , how can I go about getting it open

I want to get this case published as me being one of the victims , I’m trying to see how I go about this situation .

Timothy Denison
Timothy Denison
answered on Dec 11, 2023

What case are you trying to see?

View More Answers

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.

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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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

View More Answers

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.

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...
View More

View More Answers

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 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.

1 Answer | Asked in Civil Rights, Constitutional Law and Small Claims for Kentucky on
Q: Issue cashing check

Went to big name store to cash check made to me on behalf of child..the check was from the store claims dept. was told couldn't cash until certain time but they were obviously open..and they are a big corporation..also the check is not large...the check had 1 letter misspelled in my last name... View More

Timothy Denison
Timothy Denison
answered on Jul 15, 2023

Unfortunately, check cashing is a privilege, not a right. Hence, it does not rise to the k look Evelyn of discrimination.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Kentucky on
Q: Preliminary hearing court appointed attorney not there. Not allowed to discuss case with the fill in attorney. Illegal?

The court appointed attorney for defendant was not present during the felony preliminary hearing. Due to death of mother apparently. Another attorney was sent from same district. Defendant was not allowed to speak with attorney who was present prior to or after proceedings. Original court appointed... View More

Timothy Denison
Timothy Denison
answered on Jun 18, 2023

It is not illegal although it may be ineffective assistance of counsel. Ask your attorney to meet, get all the details and then make a motion to have another preliminary/probable cause hearing before the grand jury indicts.

1 Answer | Asked in Foreclosure, Civil Litigation, Civil Rights and Constitutional Law for Kentucky on
Q: What does "the facts constituting the offense" mean and how detailed is it required to be?
Timothy Denison
Timothy Denison
answered on Jun 15, 2023

It means what you did to become charged with a crime. Each element of any offense must be proven beyond a reasonable doubt.

1 Answer | Asked in Criminal Law, Real Estate Law and Constitutional Law for Kentucky on
Q: After seeing the apartment upstairs remodeled, the guy renting the restaurant downstairs decided he wanted the apartment

I had a verbal agreement with the lady that if the person running downstairs did not want the unit she would let me remodel it . She didn't want him to back out of the lease for $3,400 a month so she gave him a key to my apartment and let him proceed with getting me arrested six times in 22... View More

Timothy Denison
Timothy Denison
answered on Jun 13, 2023

Most likely the statute of limitations has run for anything occurring during Covid or 2 1/2 years ago. You may want to consult a civil rights attorney to be absolutely sure.

1 Answer | Asked in Employment Law, Business Law and Constitutional Law for Kentucky on
Q: My husband has an accusation against him and has been locked out of things while an investigation is moving forward - t

The company refuses to disclose the accusations and said in 21 days they will disclose upon findings in the meantime he is prevented from working. Is that legal?

What I should also say is he is the President of a Non-profit LLC

Timothy Denison
Timothy Denison
answered on Jun 7, 2023

Yes. It is legal and you really can’t do much until the investigation is completed.

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Kentucky on
Q: DC/ U.S. This is for research/educational purposes. Double jeopardy question.

If someone is convicted of crimes committed on federal property in the federal court in DC, can they also be tried under DC’s local jurisdiction for crimes not covered by federal law but covered by DC's local law? Or would it be double jeopardy?

Timothy Denison
Timothy Denison
answered on May 29, 2023

Yes. They can be tried. Separate sovereigns eliminates the double jeopardy argument.

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for Kentucky on
Q: What To do when CPS nor anyone else informed you of your first four court hearings.

CPS lied literally lied in court concerning the entire petition. I've never been in trouble before yet they gave temporary custody to my ex whom has been banned for 6 months once from the kids he's Ben in jail alot as to rehab yet I've never been n jail never failed a drug screen but... View More

Timothy Denison
Timothy Denison
answered on May 2, 2023

Hire a civil rights attorney and sue everyone involved.

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Kentucky on
Q: What can I do if the CPS worker an her police husband have clearly been actively harassing my family and my neighbors?

Just found out that an investigation has been opened and I have been summoned to court over a active chfs case in Kentucky that was alleged against my fiance dropping my son off and my neighbor finding him sleeping behind a dumpster as a neglect and abuse case. However my neighbor, has been adamant... View More

Timothy Denison
Timothy Denison
answered on Apr 19, 2023

Hire a civil rights attorney and sue them

Both.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Kentucky on
Q: Any suggestions?

My case has been frilious and I've had my constitutional rights violated throughout removal, Evan before. Depndecy, neg.,abuse trail court I was appointed counsel w out my knowledge. Court automatically bias by not giving me the opportunity to hire a private attorney. I was denied to hire... View More

Timothy Denison
Timothy Denison
answered on Apr 9, 2023

Your situation sounds like virtually all of the other CPS CASES IN Kentucky. Hire a civil rights attorney

1 Answer | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: As a convicted felon, am I able to carry any sort of self defense weapons? ie... stun gun, pepper spray. No firearm!!

I live in a high crime area and have been nearly assaulted before! I don't know how else to defend myself since I can't carry a firearm.

Timothy Denison
Timothy Denison
answered on Apr 3, 2023

Yes. You can carry all those things but no guns, firearms, or any type weapon that expels a projectile.

1 Answer | Asked in Civil Rights and Constitutional Law for Kentucky on
Q: Do I have a fed civil case against a KY Cir Clerk and Court?

I filed an appeal in a KY Circuit Court from an agency. The complaint was received 7 days before deadline and given to the judge. The judge held the document until it was 4 days late then dismissed for being filed 4 days late. The clerk did not file the case on arrival as required by KY law and did... View More

Timothy Denison
Timothy Denison
answered on Mar 28, 2023

Most likely not. Judge has absolute immunity and the clerk has qualified immunity

2 Answers | Asked in Family Law and Constitutional Law for Kentucky on
Q: With the resent decision in the eastern fed court that gun confiscation in a dvo is illegal. Can I get my guns back?
Timothy Denison
Timothy Denison
answered on Mar 19, 2023

Possibly, but you’re probably going to need a lawyer to do it for you as they will fight you every step of the way, decision notwithstanding.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.