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Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Kentucky on
Q: My dad has a no contact order on me but he lives with my granny. My children go over to her house. I have not said

Anything to him in 2 years and have not been inside my grandmothers home in a year because he previously moved out but just moved back in to her home. I had pulled up to her house to make sure my kids had made it back and to show her my hand. And he was at the corner which I was unaware of until... View More

Timothy Denison
Timothy Denison
answered on Aug 18, 2023

No. That is not a violation of the no contact order.

1 Answer | Asked in Criminal Law for Kentucky on
Q: I had court and I missed it because I never received papers or was never told a time or date, what should I do?

The date as mentioned above was a motion put in by my attorney to recall a bench warrant for failure to appear because I moved and the new tenants to my old house was keeping/throwing away our mail. I have proof of the mail issue from my local postmaster, chief of police in my town and another... View More

Timothy Denison
Timothy Denison
answered on Aug 16, 2023

Go to the courthouse and redocket your case yourself.

1 Answer | Asked in Criminal Law for Kentucky on
Q: A district judge can issue an arrest warrant for any person in the district but prosecution has to be where judge is?

Does that apply to search warrant for a home in the neighboring county? Sheriff deputy was out of jurisdiction where search warrant was executed. Since any prosecution resulting from the house located out of county can't happen in the county the judge is from, wouldn't that make the... View More

Timothy Denison
Timothy Denison
answered on Aug 15, 2023

The district judge can only issue a warrant for the counties in which he presides, no where else.

2 Answers | Asked in Criminal Law for Kentucky on
Q: Custody of evidence and accurately logged evidence issues. How accurate does the sheriff department have to be?

A deputy from a county where my mailbox is located gets a warrant for the address. The house is about 3/4 of a mile away in the neighboring county. The evidence collected out of the residence was taken to the sheriff dept. The case was dismissed w/o prejudice over jurisdiction. The county the house... View More

Jessica Greenberg
Jessica Greenberg
answered on Aug 15, 2023

It heavily depends on circumstances specific to your case. It may be possible to use a chain of custody issue to get the evidence itself excluded from any trial. However, if the warrant was issued, even on incorrect information or outright falsehoods, in many states the officer may still execute... View More

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1 Answer | Asked in Criminal Law for Kentucky on
Q: My husband was convicted of possession of meth his first offense ever. He was sentenced to a year. I’ve filed for shock.

What steps do I take next for the possibility of early release? My husbands father was also convicted of a crime and sentenced to a short prison sentence in 1973. Should he get paroled with they be able to reside in the same house since his dad lives with us?

Timothy Denison
Timothy Denison
answered on Aug 11, 2023

Nothing much else to be done until the judge rules on the shock motion. You might want to arrange for some aftercare if available to show the judge that he is committed to recovery. I’d make dads status known to the PO is husband is shocked.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can I be charged with tbut when I didn't have any of the stolen items?

I was charged with misdemeanor receiving stolen property. I handed item over to police. when I went to court I was told 10 days in jail or restitution, I choose restitution but then I've found out that I'm being made to pay back the entire amount of items that supposedly where stolen from... View More

Leland Hulbert
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Leland Hulbert
answered on Aug 9, 2023

You need to hire an experience criminal defense attorney immediately. If you did not commit any crimes other than buying an item at a yard sale, then you should not be charged with theft unless you definitely knew that item was stolen or you had a part in the theft.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can I get time out on shock probation credit towards my time if revoked w/out new charges?

Probation officer said that time can not be credited. Is this true?

Leland Hulbert
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Leland Hulbert
answered on Aug 8, 2023

Credits are within the discretion of the department of corrections, and granted by statutes of the Kentucky revised statutes. Since you are not incarcerated while released on shock probation, you would not get credit towards the days you have to serve it free vote.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If on a 5 year sentence (wanton endangerment) and got out on shock probation, but revoked without any other charges,

Can the time out on shock be credited towards sentence? If so, who do I need to talk to

Timothy Denison
Timothy Denison
answered on Aug 13, 2023

No. It cannot be credited.

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

2 Answers | Asked in Criminal Law for Kentucky on
Q: How can I change probation officers in Kentucky if I’m a female and he is a make a d I’m scare of him
T. Augustus Claus
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answered on Aug 4, 2023

If you are uncomfortable with your probation officer in Kentucky, consider discussing your concerns with them or their supervisor.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: I was raped 7 months ago by my stepdad I really trusted. Now I have a probation officer that is really mean and I’m imky

I’m in Kentucky. Bowling green. My last officer was letting me off probation last December except I gif raped so I smoked weed now this officer is telling me I’m in probation till 2026

Timothy Denison
Timothy Denison
answered on Aug 4, 2023

What is your question?

1 Answer | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: How is it legal for anyone found guilty of a felony to run for and assume the presidency?
Timothy Denison
Timothy Denison
answered on Aug 4, 2023

Sdf I t believe that has ever happened…yet.

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 Criminal Law for Kentucky on
Q: How do I take care of old misdemeanor warrants from another state from 5-10 years ago

I live outta state now but evertime I get my background ran for a job 2 active misdemeanor warrants one for shoplifting under 500 and the other ford 4ty degree assault just need pointed in yhe right direction got my life together haven't been in any trouble in 5 years

Timothy Denison
Timothy Denison
answered on Aug 4, 2023

Hire a lawyer in the county where the warrants exist to get them set aside and resolved for you.

2 Answers | Asked in Criminal Law for Kentucky on
Q: Federal lawyer request

I was arrested pulling ina friends motel room in the parking lot where I observed officers inside the room I was swarmed and told I had a trafficking warrant they found no drugs on my person placed me under arrest for this "said warrant " and confiscated my phone i asked for my property... View More

Leland Hulbert
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Leland Hulbert
answered on Aug 1, 2023

The fact pattern above is a little hard to follow. They would need to show you a copy of the warrant. The hotel owner or the renter of the room would be able to give them permission to search the room. They would only be able to search or detain you if they have probable cause and/or a warrant.

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1 Answer | Asked in Criminal Law and Traffic Tickets for Kentucky on
Q: I went through a road block at an entrance of 4 different spots there were 2 officers conducting this roadblock procedur

Says a roadblock should have 5 to 6 officers this was During a wensday afternoon on a intersection not known for duis there was no warning indiciations to reduce speed and no announcement of this roadblock in Kentucky made by ksp I received a valid ticket for an expired license (I handed wrong one... View More

Timothy Denison
Timothy Denison
answered on Aug 2, 2023

Not based on a violation for the roadblock.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can they get me for bail jumping for me not showing up for court

I was indicted on tics 1st degree 1st offense and I didn't go to court snd when they arrested me they said I was charged with 1st degree 2nd offense and I was being indicted on bail jumping

Timothy Denison
Timothy Denison
answered on Aug 1, 2023

Yes.

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 Traffic Tickets and Criminal Law for Kentucky on
Q: I got a ticket for reckless driving and permit violation. I had my drivers test the next day. Am I looking at jail time?

I have a clean record but I got into a wreck the day before my drivers test. I didn’t have anyone with me while I was driving home to get documentation to take my test because I didn’t have anyone to take me or ride with me. I got charged with reckless driving and a permit violation. What... View More

Leland Hulbert
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Leland Hulbert
answered on Jul 30, 2023

If you only got charged with a permit, violation and reckless, driving, you may not be looking at jail time. If they charged you with driving without an operators license, there is some potential. It also depends on your age and on your driving record. I would hire an experienced criminal defense... View More

1 Answer | Asked in Criminal Law for Kentucky on
Q: Will I get arrested if I have a warrant when I go to get a renewed state id in Kentucky?

Not sure If I actually have any warrants but I want to be sure before I renew my state id

T. Augustus Claus
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answered on Jul 28, 2023

If you suspect that you may have an outstanding warrant in Kentucky, it is essential to address the situation to avoid potential legal consequences. When you go to renew your state ID, there is a possibility that your warrant may be discovered during the process.

It's important to note...
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