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Kentucky Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Kentucky on
Q: Will my probation officer know if I have had police contact with no arrest or citation
T. Augustus Claus
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answered on Jul 11, 2023

Probation officers may have access to information about interactions between individuals on probation and law enforcement, even if there was no arrest or citation. This can be due to information sharing protocols or requirements for individuals on probation to report any police contact.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: I have a friend that has come up on the 60 day failure to indict. How soon will he be released.
Timothy Denison
Timothy Denison
answered on Jul 10, 2023

As soon as his lawyer takes an order to the judge.

2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for Kentucky on
Q: Does the “no contact” rule on a DVO only apply to the abuser (the person who committed the abuse)? I’m in KY

DVO issued, he was charged and is sentenced to 2 years in prison.

Leland Hulbert
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Leland Hulbert
answered on Jul 9, 2023

Typically, in a domestic violence order, the abuser can have no contact with multiple people, including significant others and children. People who are victims or not under a no contact order. It sounds like if he went to prison for two years, he was also charged with crimes, which are far more... View More

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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Kentucky on
Q: My neighbor is constantly in and out of jail he has started threatening our family was arrested for 1 day what can we do

I have filled a police report with three witness statements shown video and they still let him out after a day! He’s a known meth head who says he has “health conditions” mine and my neighbors safety is at risk yet somehow after a day or two in jail he gets out. He also constantly beats on... View More

Timothy Denison
Timothy Denison
answered on Jul 10, 2023

Go to your county attorney and swear out a criminal complaint for him. That will get you into court to address his behavior.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Why would I be charged with enhanced drug trafficking when my other co defendants were not.

Was riding in the rear passenger side of car got pulled over driver went to jail lock box was found under driver seat warrant was obtained to open it and I guess it had drugs in it and he was charged with trafficking. Three years later I'm arrested for an fta because I was indicted for... View More

Timothy Denison
Timothy Denison
answered on Jul 10, 2023

Any number of reasons but you’ll have to ask the officer when you get to court.

1 Answer | Asked in Criminal Law for Kentucky on
Q: I got pulled over drive some else car and they wrote a ticket

Non owner insurance,no brake lights,and no proof of insurance but I had insurance it's date for the same day as the ticket what will happen

Timothy Denison
Timothy Denison
answered on Jul 10, 2023

If you had insurance and you provide proof of insurance and proof of brake light repair, they will probably dismiss the charges.

1 Answer | Asked in Criminal Law and Probate for Kentucky on
Q: my boyfriend is in drug court and probation and failed a drug test at probation today and caught a tampering with

with physical evidence charge he was trying to use fake urine and got caught . he had already had a tampering with physical evidence charge which is partly why he's in drug court and probation to begin with is, possession of a controlled substance (3 years) and tampering with physical evidence... View More

Timothy Denison
Timothy Denison
answered on Jul 15, 2023

Doubtful he is out in July. His dishonesty with the urine is the problem. Depending on his record and prior infractions, the sanction could be as little as time served up to snd including full revocation.

1 Answer | Asked in Criminal Law and Civil Rights for Kentucky on
Q: Are detectives allowed to alter a warrant?

What happened was the warrant was written and executed to search 3 rooms and the backyard of the home only. The detective confiscated a cellphone from an individual living in the home while in the front yard. The detective then wrote on the back of the warrant that they were also confiscating the... View More

Timothy Denison
Timothy Denison
answered on Jul 15, 2023

No. They are not allowed to alter a warrant.

1 Answer | Asked in Criminal Law, Banking and Civil Rights for Kentucky on
Q: Went to store and they refused to cash check said can't until certain time..money center and customer service was open..

I went back at that certain time the Mgr said they can cash and because my last name had 1 letter misspelled they refused to cash..I was told call customer service..I did which is actually the claims dept for that store...Claims said go.back to store and they can and will verify over phone..did... View More

Timothy Denison
Timothy Denison
answered on Jul 15, 2023

Unfortunately, the store doesn’t have to cash your check at all. Cashing checks is a privilege only, not a right. Hence, their refusal to cash the check could be for any reason. Unless you can prove that the reason was in fact to discriminate, there is really no cause of action.

1 Answer | Asked in Criminal Law for Kentucky on
Q: I have like 2 bench warrants in richmond ky. I have to get my id for a drug test in order to get this good job . If I go

If I go to get id will I be arrested? I'm going to the dmv but only have to get id

Timothy Denison
Timothy Denison
answered on Jul 15, 2023

Highly unlikely you will be arrested. If you are eligible to get a license, you should be able to without incident.

1 Answer | Asked in Criminal Law, Family Law and Elder Law for Kentucky on
Q: Is it illegal for a Power of Attorney to force the person to give the PA half of their narcotic pain meds monthly?

I know of an elderly woman and a disabled man that are being forced to give up their narcotic pain medication to their PA every month. If they do not do so they are threatened with nursing homes and homes for the mentally disabled. They have also been forced to cut contact with their... View More

Timothy Denison
Timothy Denison
answered on Jun 24, 2023

What you describe is a crime and should be reported to Adult Protective Services.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Can a judge punish you by ordering classes for anger management during a hearing for an epo? no previous epo was in plac
Timothy Denison
Timothy Denison
answered on Jun 23, 2023

Yes. The judge can order that anytime.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can I be charged with breaking and entering and burglary for entering my legal residence through an unlocked door

Once inside my legal residence, I took possessions with me, including my dog and left the property. This occurred in the middle of the day in daylight. The residence at the time was in Kentucky but I have since moved to Indiana

Timothy Denison
Timothy Denison
answered on Jun 23, 2023

No. Not under the facts as you present them, you can’t burgle your own property (unless there is a dvo in place.

1 Answer | Asked in Criminal Law for Kentucky on
Q: My husband was on shock probation and got revoked without extra charges. How can he get that time credited?

Revoked for failed drug screen. Charges are Wanton Endangerment 1st degree 1st offense. Sentenced 5 years

Timothy Denison
Timothy Denison
answered on Jun 19, 2023

Depends on how and why he got revoked, which is not addressed in your question.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Multiple counties issuing arrest warrants and imposing bail for the SAME probation violation.

My nephew was on probation in one county, and was arrested for a new misdemeanor in a different county. While attending a probation revocation hearing in the original county, a THIRD county in which he had an active case issued an arrest warrant for probation violation, and he was immediately... View More

Timothy Denison
Timothy Denison
answered on Jun 19, 2023

He can only be prosecuted for the new violation once as well as the probation violation once. His lawyer needs to advise the 2nd and 3rd counties so that those warrants can be resolved permanently.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Kentucky on
Q: Preliminary hearing court appointed attorney not there. Not allowed to discuss case with the fill in attorney. Illegal?

The court appointed attorney for defendant was not present during the felony preliminary hearing. Due to death of mother apparently. Another attorney was sent from same district. Defendant was not allowed to speak with attorney who was present prior to or after proceedings. Original court appointed... View More

Timothy Denison
Timothy Denison
answered on Jun 18, 2023

It is not illegal although it may be ineffective assistance of counsel. Ask your attorney to meet, get all the details and then make a motion to have another preliminary/probable cause hearing before the grand jury indicts.

1 Answer | Asked in Criminal Law, Real Estate Law and Constitutional Law for Kentucky on
Q: After seeing the apartment upstairs remodeled, the guy renting the restaurant downstairs decided he wanted the apartment

I had a verbal agreement with the lady that if the person running downstairs did not want the unit she would let me remodel it . She didn't want him to back out of the lease for $3,400 a month so she gave him a key to my apartment and let him proceed with getting me arrested six times in 22... View More

Timothy Denison
Timothy Denison
answered on Jun 13, 2023

Most likely the statute of limitations has run for anything occurring during Covid or 2 1/2 years ago. You may want to consult a civil rights attorney to be absolutely sure.

1 Answer | Asked in Criminal Law for Kentucky on
Q: whats a legal defence for a bogus claim of menace and intermediating in the legal process

please delete non is going to answer

Timothy Denison
Timothy Denison
answered on Jun 14, 2023

You’ll need to hire a criminal defense attorney to attack the elements of a menacing to get the charge reduced or dismissed.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Can a DVO charge be dismissed?

If you were arrested in 2020 and signed an plea to be release, if possible can the charges be dismissed

Timothy Denison
Timothy Denison
answered on Jun 7, 2023

Highly unlikely. Much better bet to expunge it after 5 years.

2 Answers | Asked in Criminal Law for Kentucky on
Q: Brother arrested on recieving stolen property over 10000, paraphernalia, and trafficking. Why does the officer have wal

Officer has wallet, and why hasn't he been charged with all the other stuff they found?

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jun 5, 2023

We will need more information to answer your question. Officers generally have a right to seize property if related to the crime.

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