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Kentucky Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Divorce for Kentucky on
Q: My question: How do I file for half of my ex's pension rewarded to me in the final divorce decree.

My final divorce decree awarded me half of all my ex's retirement investments...

But, during the discovery process of our divorce... My ex DID NOT disclose the pension fund... of which I have just recently been made aware of... Due to my ex having to move this pension fund by August... View More

Timothy Denison
Timothy Denison
answered on Jul 27, 2023

Hire an attorney to file a QDRO (Qualified Domestic Relations Order) for you. If he concealed it’s existence, you probably can file for contempt and your attorney fees as well.

2 Answers | Asked in Criminal Law for Kentucky on
Q: Me and my.nephew were charged with 1st burglary we were released on unsecured bond till waived to grand jury. He was

Just arrested on the indictment warrant but I wasn't. He sold the items at a pawnshop. I had a zippo lighter that I sold that wasn't involved in the burglary. Why haven't I been arrested would the grand jury meet at same time on same case

Leland Hulbert
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Leland Hulbert
answered on Jul 27, 2023

They would likely meet at the same time on the same case but the prosecutor had discretion to present the cases in different times. I would not disclose any facts or admissions on a public website like this. I would hire an experienced criminal defense attorney as soon as possible.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: WOULD I NEED A CRIMINAL LAYWER TO REPRESENTME IN A CASE WHERE I DEVELOPED CANCER AND WAS AT KSR AND GOT COVID 2 TIMES

I WAS IN PRISON FOR 5 YEARS AND WAS ON 5 YEARS OF PROBATION . WHILE I WAS INPRISON I WAS SENT TO 3 DIFFERENT HOSPITALS , THE FINDINGS WERE THE SAME BUT THE PRISON DID NOT DO ANY THING ABOUT IT, I HAS CANCER OF THE ESOPHAGUS..ONCE I GOT ON PROBATION I WENT TO SEE A CANCER DR. AND WAS STARTED ON... View More

Timothy Denison
Timothy Denison
answered on Jul 26, 2023

Yes. You need a lawyer.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: I had a felony indictment get amended from circuit Court and put me back in district. what happens next
Leland Hulbert
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Leland Hulbert
answered on Jul 26, 2023

You should receive a court date in District Court, and the case will proceed as a misdemeanor and somewhat start over. I would hire an attorney to help you through this process.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: can you help me with the expungement process

I have a couple felonies over many years between and a couple misdemeanors here and there and I would like to have my record expunged of all to receive my civil rights and their entirety

Timothy Denison
Timothy Denison
answered on Jul 23, 2023

You can only expunge one felony. You need to consult a criminal defense attorney who can review your record and see what can be done.

1 Answer | Asked in Criminal Law for Kentucky on
Q: trial date for next week. pd called last week and unrepresented me conflict of interest. what do I do?

the public defender's office also represents the CI in the case and told me a private attorney would be in contact but I have not heard and I have trial in 4 days what is the best action to take

Timothy Denison
Timothy Denison
answered on Jul 23, 2023

The trial will be continued since you do not have a lawyer yet. Go to the trial or next date and the judge will reschedule the trial.

1 Answer | Asked in Domestic Violence and Criminal Law for Kentucky on
Q: Does the law enforcement decide if the abuser of domestic violence goes to jail? Or are there certain protocol and laws.

My ex boyfriend tried to kill me few weeks ago. As he stated he was going to before beating me with a rock and other objects. Law was notified when I came to, and they took pictures and everything. My question is why was he not arrested? I've filed for charges. They have not started... View More

Timothy Denison
Timothy Denison
answered on Jul 23, 2023

Generally, law enforcement makes the decision and the abuser is arrested. You may want to get some investigative reporters and make this known. You may also want to go to your county attorneys office and take a criminal complaint against him. If you are living with him, get out of there and to a... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Kentucky on
Q: Can the police pull you out of your home and not allow you to enter until they get a search warrant?

I live in Kentucky. I use delta. My neighbor called the police on me saying I was smoking weed (delta is legal here). I spoke to the officers on my porch and they insisted they could smell weed and threatened to pull me out of my home, and not allow me to go back in until they got a search warrant.

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 Jul 21, 2023

In the United States, including Kentucky, the Fourth Amendment to the Constitution protects individuals from unreasonable searches and seizures. This means that law enforcement generally needs a search warrant to enter and search your home without your consent.

However, there are some...
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1 Answer | Asked in Criminal Law for Kentucky on
Q: how can i be put on a monitoring device as a bond condition when i havent even been convicted?

i never been in trouble but they held me under 5k CASH bond which i thought was a bit excessive just like i think the monitoring device is way over board. What happened to innocent until proven guilty?

Timothy Denison
Timothy Denison
answered on Jul 19, 2023

It’s a condition of bond. No different than any other condition of bond. Bond attaches at the first appearance, not after your conviction. Your other option might be no bond and you just remain in jail til the trial.

2 Answers | Asked in Criminal Law for Kentucky on
Q: what does it mean when your case get dismissed without prejudice
Timothy Denison
Timothy Denison
answered on Jul 19, 2023

It means the chargers can be reinstated at a later date.

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3 Answers | Asked in Criminal Law for Kentucky on
Q: if you aren't able to afford a private attorney, is there any actions an inmate can't take themselves when they aren't

released when they are supposed to be released according to the terms ofa plea bargin

Leland Hulbert
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Leland Hulbert
answered on Jul 19, 2023

You can attempt to file a Pro Se motion, but if you’re currently represented by a Public Defender the judge may not accept it.

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3 Answers | Asked in Criminal Law for Kentucky on
Q: if an inmate is offered a plea agreement and it isn't turned down by the judge but they don't get released when they are

suppised to but public defenders is useless what steps can that inmate take on their own to have this corrected

Leland Hulbert
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Leland Hulbert
answered on Jul 19, 2023

The question is a little confusing but they always have the right to hire a private attorney?

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2 Answers | Asked in Criminal Law and Identity Theft for Kentucky on
Q: If I just found out, I have a warrant can I go to the courthouse during typical arraignment times, and ask for summons

A former employee/business partner has accuse me of identity theft, even though mine, and he was also stolen and compromised at the same time but when the officer called me from her Facebook page, I refuse to go in without an attorney present, because it’s my business, and I didn’t want to take... View More

Leland Hulbert
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Leland Hulbert
answered on Jul 19, 2023

No. If it is an arrest warrant, you can’t just appear and have it set aside yourself. You need to hire an attorney to attempt to have your Attorney argue for the Judge to set aside or convert the warrant.

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1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: With a dvo warrant will you get arrested if i was tryubg to get it redocketed?

I have a dvo and I went to court and the judge gave me a code to go put back in to come back after lunch but it didn't w work and now I have a warrant and now I would like to go back up there to redocket it so I don't have one but will I get arrested when I go up there to try to redock it

Timothy Denison
Timothy Denison
answered on Jul 18, 2023

You could be arrested, yes.You should probably hire a lawyer to get the warrant set aside and get a new date for you.

2 Answers | Asked in Criminal Law for Kentucky on
Q: Not for sure what to do

I was informed that the judge residing on my case uses a family member of mine to clean his house. I didn’t know if this is something I should bring up or not

Leland Hulbert
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Leland Hulbert
answered on Jul 17, 2023

You can bring it up to your attorney if you want to, but I don’t think it would be a conflict they would recuse or remove the judge from the case.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: I was informed today that the judge presiding over my case uses a family member of mine to clean his house what do I do
Timothy Denison
Timothy Denison
answered on Jul 17, 2023

Bring it to the Court's and your lawyers attention the next time you go to court. It can be addressed on the record in open court.

1 Answer | Asked in Criminal Law and Admiralty / Maritime for Kentucky on
Q: How do I go about making sure my husband gets credit for time out on shock cause he went back with no new charges.

Charges - wanton Endangerment- 1st degree 1st offense.

The judge he had resigned and the prosecuting attorney for his case is now that judge

Timothy Denison
Timothy Denison
answered on Jul 14, 2023

Email or call his probation and parole officer and the DOC and ask them to confirm it. The DOC handles the time accreditations and calculations.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Sexual Harassment for Kentucky on
Q: What to do about my boyfriend's ex downloading my minor daughter's photo and sending to my boyfriend using vulgar words?

This woman gets angry and harasses me and my children via third-party and recently downloaded my 16 yr old daughter's Facebook profile photo and sent to my boyfriend using vulgar profanity. Can I pursue legal action for sexualizing my minor child? She said she looked like a d*** s*****g, about... View More

Timothy Denison
Timothy Denison
answered on Jul 13, 2023

You can pursue legal action for harassment. The facts contained in Your description are sparse and more information is needed to determine what other charges might lie.

2 Answers | Asked in Criminal Law for Kentucky on
Q: My case got waived to Grand jury on 5/10/23 when would the deadline be on indictment

I'm on ankle monitor and home confinement

Timothy Denison
Timothy Denison
answered on Jul 12, 2023

There is no deadline on an indictment. It can be handed down at any time.

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2 Answers | Asked in Criminal Law and Real Estate Law for Kentucky on
Q: Trash company took a can from my property that I've had for 1.5 years without my knowledge. Trespassing and theft?

Originaly a waste management can. Was on property when I bought the house in 2022. I tool ownership of the can since it was left behind and have been using it for trash pickup with another company for almost a year and a half. Yesterday that can mysteriously went missing from my driveway

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jul 11, 2023

I don’t think you’re going to find any prosecutor that will charge them with criminal trespass. I would contact the company if you want to get some relief.

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