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Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Kentucky on
Q: Doing 365 done 130 on it what motion do I need to file to get him home today

Well to take anything to get my husband home today he left rehab on a possession of methamphetamines 6 months rehab or a county year what motions do I need to file to get him back in court to get it switched over to something so he can come home now

Timothy Denison
Timothy Denison
answered on Jan 10, 2025

You should file a motion for shock probation to suspend further execution of the sentence.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Probate for Kentucky on
Q: My husband has done 120 on a 365 for leaving rehab for a position of med charge I'm just want to know how to getswiit

My husband doing 365 days for leaving rehab on a possession of med charge 0.01g he has done 130days what can I do to get him out anyway house arrest work release drug court anything we can do to get him out please

Timothy Denison
Timothy Denison
answered on Jan 9, 2025

You can file a motion with the sentencing court for shock probation to probate the balance of his sentence.

1 Answer | Asked in Criminal Law for Kentucky on
Q: My son been in jail since November the 7 with a 100,000 cash bond the layer ask once to lower it amd the court want,

He always went to court he has showed up for court don't have much of a record live in same state what do i need to do to get him a reasble bond

Timothy Denison
Timothy Denison
answered on Jan 7, 2025

Ask your lawyer to renew the motion for bond relief. Depending on the charges, the Court may reconsider its earlier denial.

1 Answer | Asked in Criminal Law for Kentucky on
Q: I’m a 19 year old texting a 16 year old. I know the age and said it should be kept pg. what should I do if it doesn’t

I’m aware of the age and said that we can’t say anything and and she agreed. I’m just worried what will happen if something does get sent. Will it be ok as long as nothing sexual is sent?

Timothy Denison
Timothy Denison
answered on Dec 31, 2024

The best advice is refrain from texting or sexting until she turns 18. If you insist on seeing her, the record should be devoid of a sexual requests, pictures or innuendo, as well as any discussions regarding drugs and alcohol or any illegal activity.

2 Answers | Asked in Criminal Law, Federal Crimes, Tax Law and White Collar Crime for Kentucky on
Q: What is the best criminal book ?

please give me a list of best criminal law books ?

Timothy Denison
Timothy Denison
answered on Dec 29, 2024

Criminal Law of Kentucky is best.

Trial Practice Manual for Criminal Defense Lawyers.

Criminal Practice and Procedure

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Can husband do rest of time on home confinement

My husband was sentenced to 6 months rehab or county year he left rehab only doing 12 hours so now he's doing his county year no new charges just possession of meth can I get the rest of his time our home incarceration with two drug screenings a week

Timothy Denison
Timothy Denison
answered on Dec 27, 2024

You can certainly Ky ask the court to convert his time, yes.

1 Answer | Asked in Criminal Law for Kentucky on
Q: I was charged with trafficking drugs even though I didn't have anything on me but was in the car with someone who did.

They were the actual owner of the vehicle and the officer witnessed the drugs on their lap and told them to hand the drugs over to them now and they did but we both were charged with trafficking drugs and of the Arrest repot the officer said on both of our arrest reports that we both were in the... View More

Timothy Denison
Timothy Denison
answered on Dec 20, 2024

Hire the best criminal defense attorney you can find.

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Federal Crimes for Kentucky on
Q: Can dcbs remove my child without warrant or judge signing and refuse to let me have contact for 4 months
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2025

I'm sorry you're going through this difficult situation. Generally, child protective agencies need legal authority, such as a court order, to remove a child from your home. However, in emergencies where a child’s safety is at immediate risk, they might take action quickly to ensure... View More

2 Answers | Asked in Child Custody, Criminal Law, Family Law and Federal Crimes for Kentucky on
Q: Can ky dcbs remove my child without a warrant or judge signing and refuse to let me see her

Dcbs removed my child without warrant or judge signing I haven't seen her in 4 months they won't let me they placed her were she got sexually abused at

Timothy Denison
Timothy Denison
answered on Dec 20, 2024

No. Only the police can remove a child if there is a clear and present danger to the child.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: If ur child has a heart condition and u get caught smoking around them what charge is that
Timothy Denison
Timothy Denison
answered on Dec 16, 2024

Neglect and/or abuse or criminal buse in worse cases.

1 Answer | Asked in Criminal Law, Personal Injury and Car Accidents for Kentucky on
Q: I need help/advice/information on how to report an uninsured driver that hit our vehicle and drove off.

In April this year I was a passenger in a taxi.Another driver was tailgating us, we slowed down to let them pass,then they sideswiped us and drove off.We chased them and I got pictures of the car and plate.We called the police but they never came on site.At this point I'm on my third law... View More

Timothy Denison
Timothy Denison
answered on Dec 11, 2024

Use the information you obtained on the hit and run driver to obtain ownership information on the car that hit you, then take that information to your local county attorney’s office and file a criminal complaint for leaving the scene of an accident.

1 Answer | Asked in Criminal Law for Kentucky on
Q: I was the passenger and we got pulled over and I got out of vehicle and walked by a movie thing in front of dollar

General and the officer went back by there and. There was a cigarette pack containing meth and the surveillance cameras were rolled backed and it did not show me throwing anything so how can they charge me with it

Timothy Denison
Timothy Denison
answered on Dec 6, 2024

They only need probable cause to charge you, not video conclusive proof. It is a very low standard.

1 Answer | Asked in Car Accidents, Personal Injury and Criminal Law for Kentucky on
Q: I need advice/information on where I can report an uninsured driver that hit and ran and caused injuries.

First, I will say that I am on my third law group for this accident and I know that the driver that hit and ran had no car insurance. Next, when I was in a cab in April this year a different driver side swiped us and drove off.I got pictures of the car and plate and the cab driver did call 911 but... View More

Anna Aleksander
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Anna Aleksander
answered on Dec 4, 2024

Persistence sometimes works. You may be able to research the driver by license plate number. If you have uninsured coverage you can let them handle that issue, as they will seek to recover what they paid from the driver at fault.

2 Answers | Asked in Criminal Law for Kentucky on
Q: Can you be charged with something that was not found on you if you dont set up three people

Passenger was charged with meth they did not find in him or in his possession they found it in a cigarette pack that was behind a movie thing at the dollar store they told me I would get indicted if I don't get a buy on three individual and would set my bail so high I wouldn't get out... View More

Timothy Denison
Timothy Denison
answered on Nov 27, 2024

I see the fact scenario you e given here, no.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: Kentucky- I was pulled over at the dollar store for license plate not having a light my passenger got out of vehicle and

Walked to side of store and officee said come back here and so I got out of vehicle and walked back toward cop and so did passenger passenger was charged with meth from a cigarette pack that was behind the movie thing in front of the dollar store which I never went or was around but officer told me... View More

Timothy Denison
Timothy Denison
answered on Nov 27, 2024

No, but you’ll need a great criminal defense lawyer to extract you from this if you are charged. The circumstances surrounding the stop will become very important.

1 Answer | 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

Timothy Denison
Timothy Denison
answered on Nov 25, 2024

Yes. It is well within the discretion of the Court to send her to rehab for contempt or failing the drug test.

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.

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