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Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Car Accidents, Criminal Law and Domestic Violence for Kentucky on
Q: Missed court for a criminal summons & another court date for assault 4 dom. Can I get them redocketed and avoid arrest

Criminal summons was for a car accident where my ex had cancelled the insurance policy on me shortly after the wreck so that it didn’t count on her insurance and I would get stuck with everything. I was unaware this had happened and I thought I was covered. I missed the court date to it due to no... View More

Timothy Denison
Timothy Denison
answered on Dec 7, 2023

Hire a lawyer to redocket them immediately and recall warrants and you can probably avoid being arrested.

0 Answers | Asked in Criminal Law, DUI / DWI and Car Accidents for Kentucky on
Q: If my brother is released on the sixty day rule what happens next

He has a 100,000 dollar bond and has not been indited yet it has been 62 days since his last court date

1 Answer | Asked in Criminal Law, DUI / DWI and Car Accidents for Kentucky on
Q: If my brother is released on the sixty day rule what happens next

He has a 100,000 dollar bond and has not been indited yet it has been 62 days since his last court date

Timothy Denison
Timothy Denison
answered on Dec 6, 2023

He will have to appear if they ever get around to charging him.

1 Answer | Asked in Criminal Law, DUI / DWI and Car Accidents for Kentucky on
Q: My brother has a public defender he is currently in jail been 67 days under a 100,000 dollar cash bond

has not been to grand jury yet what should I do to get him released he has never been in trouble before this situation

Leland Hulbert
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Leland Hulbert
answered on Dec 6, 2023

Being in jail 67 days does not trigger any automatic release. He has to have been in jail more than 60 days from the day his Case left district court and went to the Commonwealth attorneys office for review. If you believe that is happened, I would hire a private attorney to follow motion... View More

1 Answer | Asked in Criminal Law for Kentucky on
Q: Husband been on hip for 2 mths 1st urine dirty & locked him up. Do you think he will get out at his motion hearing?

Here are his charges ..

COMPTICS, 1ST DEGREE, 1ST OFFENSE (>= 2 GMS METHAMPHETAMINE)

OBS TBUT OR DISP SHOPLIFTING $500 OR MORE BUTU/$10,000 *OBS TBUT OR DISP SHOPLIFTING $500 OR MORE BUTU/$10,000

POSS CONT SUB, 1ST DEGREE, 1ST OFF (METHAMPHETAMINE)

*0BS TBUTOR... View More

Timothy Denison
Timothy Denison
answered on Dec 2, 2023

Highly unlikely he’s getting out with those charges and a bond violation.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Husband been on hip for 2 mths 1st urine dirty & locked him up. Do you think he will get out at his motion hearing?
Timothy Denison
Timothy Denison
answered on Dec 2, 2023

Depends on his criminal record and severity of current charges.

0 Answers | Asked in Criminal Law for Kentucky on
Q: If a judge accepts a motion does that mean I'll get out of jail?

My husband has been on hip for 2 months now and been reporting to his PO every Wednesday since he been on hip . He went to report the other day and they drug tested him for the first time and he failed the test and they locked him up . His pd put n a motion to see about getting him back out on hip... View More

1 Answer | Asked in Criminal Law for Kentucky on
Q: If a judge accepts a motion does that mean I'm getting out of jail?

My husband has been on hip for 2 months now and been reporting to his PO every Wednesday since he been on hip . He went to report the other day and they drug tested him for the first time and he failed the test and they locked him up . His pd put n a motion to see about getting him back out on hip... View More

Timothy Denison
Timothy Denison
answered on Dec 2, 2023

No. It means that the judge will look at the motion and then make a decision as to whether you’re staying in jail or getting out of jail.

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 Criminal Law for Kentucky on
Q: Can 2nd degree robbery be amended down?
Timothy Denison
Timothy Denison
answered on Dec 2, 2023

It can be, yes.

1 Answer | Asked in Criminal Law for Kentucky on
Q: My husband is in county jail facing a felony charge. He wasn’t able to pay child support so another county revoked his

probation and sentences him to a year to serve. It is past the six-month point for him to file for shock probation on the revocation. Is there an exception for that time limit

Timothy Denison
Timothy Denison
answered on Dec 1, 2023

No. Notice he didn’t make the motion within six months of being incarcerated.

0 Answers | Asked in Criminal Law for Kentucky on
Q: Can u explain in as much detail as possible please

Can u explain in as much detail as possible exactly what criteria a defendant must meet in order to have standing to contest an invalid search warrant of a residence?"

1 Answer | Asked in Criminal Law for Kentucky on
Q: Just wondering

In the simpliest way possible can u explain exactly what it means for a person to have "standing" and/or to "not have standing" in Ky in relation to searches & seizures and/or contesting invalid search warrants).

Timothy Denison
Timothy Denison
answered on Nov 30, 2023

Standing means a person or persons have the right to challenge certain things, like a traffic stop, search or seizure. Lack of standing means a person or persons does not meet the criteria for them to be able to challenge certain aspects such as a traffic stop, search or seizure.

2 Answers | Asked in Criminal Law for Kentucky on
Q: What happens if there’s a 5 gram drug quantity weight discrepancy between LEO and the crime lab in Kentucky courts

Law enforcement weighed and took pics of drug evidence weighing 9 grams, but when the lab report came back it said there was 14 grams

T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2023

If there is a discrepancy in the weight of drug evidence between law enforcement and the crime lab, it could have a significant impact on the outcome of a criminal case. In Kentucky, the weight of drug evidence is often used to determine the severity of the crime and the appropriate punishment. For... View More

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Can the prosecutor claim to have evidence proving defendant's guilt and offer plea w/condition to not view said evidence

Prosecutor claims to have video evidence proving guilt. They refused to show the evidence but offered 7 years as opposed to the 10-20 years for alleged crime. They said the offer is only available if defendant doesn't request access to supposed evidence being used against them. If defendant... View More

Timothy Denison
Timothy Denison
answered on Nov 21, 2023

The prosecutor can attach that as an offer to his deal for you to plead but he may not lie to you or your lawyer regarding the evidence or contents.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If the police don't have consent to search a vechile and they search and drugs are found is that a illegal search

Pulled over for not wearing seat belt and driver of vechile got arrested for driving on D.U.I suspended license the driver told the law they didn't have consent to search and the owner of the car also there at the time told the law they couldn't search they searched anyways found dope in the car

Timothy Denison
Timothy Denison
answered on Nov 21, 2023

More facts are needed to answer your question about an illegal search and seizure.

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 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

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