Ask a Question

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

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Kentucky Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Kentucky on
Q: Can you be sent to rehab by the court if you have no drug charge, no guilty conviction, or it being a diversion program?

My fiance got drug tested the last day she would have had in court because they had dropped the charges, and they had already released any bail money back. Then at the very last minute they asked her if she could pass a drug test and she said yes but she failed and they charged her with contempt... View More

1 Answer | Asked in Criminal Law for Kentucky on
Q: Please clarify. In KY a district judge can only issue a search warrant if the house is in the county they are seated in?

If the judge issued a warrant for a house outside the judges county and the case is dismissed, the county the house is located in can't pick up the case from that warrant. Have I understand that correctly?

Timothy Denison
Timothy Denison
answered on Nov 21, 2024

The judge can only issue a warrant for the county (ies) in which he/she sits. That being said, unless the first case is dismissed with prejudice, there is no prohibition on the second county pursuing the charges.

1 Answer | Asked in Criminal Law for Kentucky on
Q: What jurisdiction issues arise if a district judge issues a search warrant for a house located in a different county?

Judge issues search warrant for a home in a neighboring county by mistake. Deputy was out of jurisdiction but searched the home and collected evidence. Evidence was taken to the court where judge issued the warrant. Case was dismissed with prejudice to keep the property confiscated and claim... View More

Timothy Denison
Timothy Denison
answered on Nov 20, 2024

They do not have jurisdiction in another county and the entire search warrant should be suppressed.

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.

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

1 Answer | Asked in Criminal Law for Kentucky on
Q: Using burner phone app + Google voice to send messages, do the receiver have legal recourse to get the sender's identity

The apps are Burner and Google voice. Burner allows you to use randomly generated numbers and Google voice is VOIP.

Both the Google voice and burner numbers have been deleted.

Timothy Denison
Timothy Denison
answered on Nov 5, 2024

The manufacturer of those apps should be able to track them by IP address used.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If a motion for failure to indict within 60 days has been signed by the judge, and the bond was $5000 f/c,

Does the court have to remove the bond associated with that charge or can they apply it to two lesser misdemeanor charges that had a bond of $250 a piece, and call it a” blanketbond” ?

Timothy Denison
Timothy Denison
answered on Nov 4, 2024

They can apply it as a blanket bond. Whether they choose to do so or not is another story.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can one persons consent to search their home be valid if the other person who lives there does not consent?

My then fiancee gave consent down the road from our home to let police search and I was there at the home , I do not consent. They never asked me I made it clear I did not and it was not ok.

Timothy Denison
Timothy Denison
answered on Nov 2, 2024

Yes. If she lives there, she can give consent.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If someone violates probation by failing a drug test will they get out of jail, do rehab or serve their time?

They went to jail in June for possession charges, released in end of July on probation and recently just violated it for failure of a drug test. Is the likelihood of them getting out there? Or will court order them to rehab or will they serve the rest of their time?

Timothy Denison
Timothy Denison
answered on Oct 22, 2024

Depends on a host of factors, including prior record, Current status, judge, prosecutor, type drugs, etc.

1 Answer | Asked in Criminal Law for Kentucky on
Q: How likely will a person get granted shock probation in Kentucky for probation violations?

My friends original case was assault 4 and strangulation but they allowed him to be put on probation. Well 2 years later he was a passenger in a wreck and they arrested him for PI. Which violated his probation. Also had 7 positive drug tests for weed. They revoked his probation and has been in... View More

Timothy Denison
Timothy Denison
answered on Oct 21, 2024

Depends on many factors, including but not limited to prior record, severity of current offense, judge, prosecutor, and a host of other factors.

1 Answer | Asked in Criminal Law for Kentucky on
Q: What if I'm still dirty on my assessment day will I get arrested or will they offer me rehab
Timothy Denison
Timothy Denison
answered on Oct 14, 2024

Depends on your PO, the Court and whether you have any priors.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Kentucky on
Q: Seeking recommendations for an attorney that specializes in civil rights & police misconduct with proven results in KY.

for false arrest, false imprisonment, malicious prosecution, failure to intervene and excessive unreasonable bond. This is a gross miscarriage of justice that has ruined our business and life over the last 10 months and we need help.

Need an aggressive attorney not afraid of small town... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2024

I'm truly sorry to hear about the challenges you're facing. It's important to connect with someone who can fiercely advocate for your rights and help navigate the complexities of your situation.

Start by reaching out to the Kentucky Bar Association, which can provide...
View More

1 Answer | Asked in Criminal Law for Kentucky on
Q: Why would a case that was just seen in mediation and was not resolved have a motion hour?
Timothy Denison
Timothy Denison
answered on Oct 2, 2024

Any number of reasons but most likely to get a status conference date and/or a trial date.

2 Answers | Asked in Criminal Law, Real Estate Law and Civil Litigation for Kentucky on
Q: How can I prove a DEED is FAKE or FORGED or FRADULENT?

100 Acre farm purchased by a set of four brothers and held with undivided interest for over 18 years. THEN they decided to divide the farm into parcels (one for each brother/spouse). BUT they specifically left ONE tract deeded amongst ALL of them (main entryway onto property and also included a... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 26, 2024

It would be almost impossible to backdate the recording of a deed at the courthouse. But the deed should be examined very closely, especially checking out the notary's commission and the signatures themselves. Notary should be found and questioned. Whoever drafted the deed should be... View More

View More Answers

1 Answer | Asked in Criminal Law and Traffic Tickets for Kentucky on
Q: Hello. I was wondering how i go about filing a motion of discovery in the state of Kentucky
Timothy Denison
Timothy Denison
answered on Sep 11, 2024

You file the motion asking for all of the evidence against you as well as all exculpatory evidence. You file the original in the court file and send a copy to the prosecutor.

1 Answer | Asked in Criminal Law for Kentucky on
Q: My boyfriend was arrested no rights being read police never even interviewed him he is being charged off someone else

Statement he is sitting in jail no court date or anything what can we do

Timothy Denison
Timothy Denison
answered on Sep 7, 2024

Hire a lawyer to get case redocketed and get a bond set for him.

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.